HomeMy WebLinkAboutItem 6c. Authorization to advertise San Luis Obispo Creek Bank Repair Project (Spec. 1000035) Item 6c
Department: Public Works
Cost Center: 5010
For Agenda of: 2/7/2023
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Wyatt Banker-Hix, Engineer III
SUBJECT: AUTHORIZATION TO ADVERTISE SAN LUIS OBISPO CREEK BANK
REPAIR PROJECT, SPECIFICATION NO. 1000035
RECOMMENDATION
1. Approve the project plans and specifications for the San Luis Obispo Creek Bank
Repair Project, Specification No. 1000035; and
2. Authorize staff to advertise for bids; and
3. Authorize an appropriation of $1,500,000 from the Capital Projects Reserve Fund to
the project account (1000035); and
4. Authorize the City Manager to award the Construction Contract for the bid total if the
lowest responsible bid is within the Engineer’s Estimate of $1,140,000; and
5. Authorize the City Engineer to approve Contract Change Orders up to the available
project budget; and
6. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San
Luis Obispo, California, approving the Mitigated Negative Declaration for the San Luis
Creek Bank Repair Project” adopting the final Initial Study – Mitigated Negative
Declaration (IS-MND); and
7. Adopt a Draft Resolution entitled, “A Resolution of City Council of the City of San Luis
Obispo, California, authorizing use of Capital Projects Reserve Fund to support the
San Luis Obispo Creek Bank Repair Project, Specification No. 1000035.”
POLICY CONTEXT
San Luis Obispo (SLO) Creek is the primary wildlife corridor through the City and houses
several endangered species. SLO Creek is also the primary conduit for transporting
floodwaters outside of the City. This project aims to enhance critical creek habitat ,
improve floodwater capacity, and protect both public and private property adjacent to the
creek. Implementation of this project helps fulfill the Major City Goal of Climate Action,
Open Space and Sustainable Transportation
On May 17, 2022, Council approved a Purchasing Policy Update that requires Council
approval for Public Projects with a value of $200,000 or more. The City’s Fund Balance
and Reserve Policy was adopted in June 2021 and includes guidelines related to the
Capital Projects Reserve Fund, as follows:
Page 21 of 489
Item 6c
The City will maintain a committed reserve of 20% of capital improvement
plan budget from the Local Revenue Measure for the purposes of offsetting
unanticipated cost increases, unforeseen conditions, and urgent
unanticipated projects to provide continued investment in infrastructure
maintenance and enhancement. Use and allocations of funds from the
Capital Projects Reserve Fund will be made to Capital Projects including
Major Facility Replacement upon Council approval as necessary during any
fiscal year.
The recommended use of the Reserve to temporarily fund the SLO Creek Bank Repair
Project will result in a diminished balance for a short period of time.
DISCUSSION
Background
The banks of SLO Creek have been armored to mitigate flood risks and protect private
property throughout City limits. Near the intersection of Pismo Street and Johnson
Avenue the southern portion of the creek bank was armored before 1957, when the
existing bridge over SLO Creek was erected. This armoring consists of unreinforced
concrete, which has been undermined by the creek over the past 60 years.
Prior to our recent Storm Events and declared emergency, and d uring routine creek
maintenance work in summer 2022, staff noticed an erosion pocket had formed
approximately 150 feet south of the Johnson Ave bridge . The pocket likely formed as the
creek undermined the foundation of the armored bank, which caused portions of the
concrete to crack and fall into the creek bed. Other portions of the a rmored bank were
undermined but had yet to fail, and staff included this project as part of the 2019 -2021
Financial Plan. This project as described further below and as designed is not eligible for
reimbursement under the January 9th 2023 declared storm emergency as it is an existing
emergency repair. As staff works through over 100 damage sites related to that
emergency, there may be emergency work that occurs nearby and around this project
that could be eligible for FEMA and State fundin g and would be considered separate
projects from this existing emergency repair.
Design efforts began in September 2021, which included both design plans and a
California Environmental Quality Act (CEQA) environmental document. Construction
within creeks require permits, environmental documents and involve complex design .
Staff anticipates start of construction in summer of 2023.
Emergency Work
In September 2022, staff noticed that the project site had deteriorated considerably over
the past year and were concerned that a sudden failure of the bank could occur over the
Winter. The City Manager authorized staff to initiate an emergency repair project, in which
rock slope protection was placed in the areas that were undermined, and trees were
removed that could cause flooding concerns. Regulatory agencies were notified and
awarded the City emergency work permits.
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Item 6c
Emergency work was concluded in November 2022, but the City is now obligated as part
of the emergency work permits to complete a permanent design by December 2023.
During this time, staff have continued to pursue a CEQA Initial Study – Mitigated Negative
Declaration (IS-MND) as well as final design plans and work permits from regulatory
agencies. The Army Corps of Engineers, State Department of Fish and Wildlife, and
Regional Water Quality Control Board all have jurisdiction within SLO Creek and are
expected to issue permits allowing this project to proceed.
Steps to Completion
Plans for the permanent project involve removal of the temporary rock slope protection
installed and installation of a new concrete wall to provide creek bank armoring along the
southern slope of the creek. The northern creek bank will see vegetation removal, tree
trimming and grading to create an overflow channel along that portion of the creek,
increasing capacity and further protecting properties abutting the creek banks. A
temporary diversion of the creek will be required for this work, prompting most w ork to
occur during the summer, where creek flows are relatively low.
A completed IS-MND is required before regulatory agencies will review permit
applications, and with its successful public comment period staff recommends approval
of this document, as well as the project plans, to continue time-critical work related to
permitting, advertising, and construction.
Previous Council or Advisory Body Action
Council approved this project as part of the 2019-21 Financial Plan; however, the project
was deferred with the 2020-21 Budget Supplement due to the financial impacts of the
Covid-19 pandemic. Subsequently, Council approved project funding with the 2021-23
Financial Plan, and additional funding with the 2021-22 Mid-Year Budget to support
permitting and design efforts on the project.
Public Engagement
During the CEQA process for Initial Studies, the City is required to reach out regional
Tribes and offer consultation about the project. The Salinan Tribe of Monterey and San
Luis Obispo Counties was the only tribe to respond, requesting consultation due to
concerns over undiscovered resources near the creek bank. Tribal monitors were present
during the emergency work and found no evidence of artifacts or habitation in the project
area. The City and Salinan tribe agree that further consultation is no longer needed. In
addition, based on the Tribe’s observations during monitoring of the emergency work,
monitoring during implementation of the permanent project is not requested by the Tribe.
The City is the lead agency for the CEQA document, and after preparation of the
document, it was circulated to the public and sent to State/Federal/Tribal agencies for
review. There were no comments received from any agency, Tribe, or member of the
public during or following the required 30-day public review period.
Affected residences were informed 72 hours prior to the start of emergency work. During
the permanent repair work, staff will distribute regular notices and social media updates
before, during and after construction to ensure the public is informed of activities.
Page 23 of 489
Item 6c
CONCURRENCE
The Office of Sustainability, Community Development Department, and Public Works
Department concur with the recommendations of this report.
ENVIRONMENTAL REVIEW
An Initial Study – Mitigated Negative Declaration (IS-MND) was prepared for this project.
The IS-MND identifies potentially significant impacts to the following environmental
resources: aesthetics, air quality, biological resources, cultural resources, geology and
soils, hydrology and water quality, noise, and tribal cultural resources. Mitigation
measures are proposed that would reduce all identified impacts to less-than-significant.
The IS-MND and Notice of Availability/Notice of Intent (NOA/NOI) to Adopt a Mitigated
Negative Declaration was circulated for public and agency review from November 28 to
December 28, 2022. The IS-MND was submitted to the State Clearinghouse, who
distributed it to affected state agencies. Staff provided the NOA/NOI and IS-MND to
federal and local agencies, Tribes, and interested parties. The document and required
notices were posted on the City’s website.
No comments were received during the public review period. Minor clarifications
regarding Tribal consultation and associated mitigation recommendations have been
incorporated into the Initial Study. This clarification reflects the final request from the
Salinan Tribe and does not result in a change in the impact determination for any resource
or any new significant impacts. Therefore, pursuant to CEQA Guidelines Section 15073.5,
recirculation of the IS/MND is not required prior to consideration of adoption by the City
Council.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2022-23
Funding Identified: Yes
Fiscal Analysis:
The 2019-21 Financial Plan identified the need and provided minimal funding for this
project; however, project funding was deferred due to the financial impacts of the Covid -
19 pandemic.
As part of the 2021-23 Financial Plan, Council appropriated design budget of $92,272. At
that time, project scope was underestimated, and the resulting design effort required
additional funding. This was provided as part of the 2021-22 Mid Year Budget adjustment,
which provided and additional budget appropriation of $175,000.
When Staff authorized emergency work, an additional $225,000 was transferred from the
Storm Drain Annual Asset Maintenance Account to the project account in October 2022.
These funds have been spent to complete the emergency construction work, as well as
the additional design and inspection services required.
Page 24 of 489
Item 6c
In order to expedite the advertising and award of this project, and to ensure that
construction services start as soon as allowed based on the permitting window, staff
proposes to transfer funds from the Capital Projects Reserve Fund and program a re-
funding of the reserve into the 2023-25 Financial Plan to assure that the reserve remains
at policy required levels. Construction work is anticipated to begin early June, and
inspection/permitting services will be required as soon as February.
There is currently sufficient budget to continue design and permitting services . Staff
anticipates with the recommended appropriation of Capital Projects Reserve to the project
account; the project will be fully funded.:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $140,198 $140,198 $0
Fees
Other: Capital
Reserve Funds
Balance
$1,918,708 $1,500,000 $418,708
Total $2,058,906 $1,640,198 $418,7081 N/A
1 The Capital Reserve Fund’s current balance is $1,918,708 to support this request of $1,500,000.
Concurrent with this request is a request to support the North Broad Street Neighborhood Park project
(Specification Number 91863) with a funding amount of $200,000 from the Capital Projects Reserve Fund
account. If Council approves both this project’s funding request and the SLO Creek Bank Repair
project funding request the Capital Reserve Fund will have a balance of $218,708.
ESTIMATED PROJECT COST BY FUNDING SOURCE
San Luis Creek Bank Repair Project, Specification 1000035
Project
Account
(1000035)
Capital
Reserve Fund
Total Project
Funding
Construction Estimate: $0 $1,140,000 $1,140,000
Contingency (15%): $0 $171,000 $171,000
Construction Total: $0 $1,311,000 $1,311,000
Special Inspections and Biological
Monitoring: $140,198 $109,802 $250,000
Permitting Fees: $0 $10,000 $10,000
Printing and Advertising: $0 $500 $500
Total Project Costs: $140,198 $1,431,302 $1,571,500
Current Project Balance: $140,198 $0 $140,198
Available Funding: $140,198 $1,918,708 $2,058,906
Requested Funding $140,198 $1,500,000 $1,640,198
Concurrent request from North Broad
Street Neighborhood Park (Spec
91863):
$0 $200,000 $200,000
Funds Remaining: $0 $218,708 $218,708
Page 25 of 489
Item 6c
ALTERNATIVES
1. Decline Adoption of the IS-MND. Council could choose not to adopt the IS -MND.
Staff does not recommend that option, as the project cannot be advertised and moved
forward prior to the adoption of the IS-MND.
2. Deny or Defer Authorization to Advertise. Council could choose to not advertise
this project or do so at a later date. Staff does not recommend this option, as it would
delay the project and likely force construction later than Summer 2024, violating
existing agreements with permitting agencies.
ATTACHMENTS
A – Project Plans
B – Project Specifications
C – Draft Resolution approving the SLO Creek Bank Repair IS-MND
D – SLO Creek Bank Repair IS-MND
E – Draft Resolution Authorizing use of Capital Reserve Fund for Specification 1000035
Page 26 of 489
Reference Documents:City Standard Specifications - August 2020 EditionCity Engineering Standards - August 2020 Editionindex to planssheet no.descriptiongeneral notes:basis of bearing:san luis obispo county, californiaAPPROVED BYSPECIFICATION NO. DATEofSHEETBrian Nelson, City Engineer Approved Date1612/16/20221CITY OF SAN LUIS OBISPO,PUBLIC WORKS DEPARTMENTATTN: WYATT BANKER-HIX919 PALM STREETSAN LUIS OBISPO, CA 93401PHONE:(805)783-7859CANNONATTN: JOHN W. EVANS1050 SOUTHWOOD DRIVESAN LUIS OBISPO, CA 93401PHONE:(805)544-7407contact informationownercivil engineerNO. 54105EXP.PROJECT SITElegend:project information:preliminary drawingsbenchmark:NO. 79870BRIANNELSONEXP.10001831050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.38631000035Page 27 of 489
(FORMERLY ESSEX ST.)CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:ofSHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:SAN LUIS OBISPO CREEK BANK STABILIZATIONNEAR JOHNSONJWEALMAR12/16/202216NO. 54105EXP.BN10001831050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.38631"=10'2LOCATION MAPPage 28 of 489
(FORMERLY ESSEX ST.)CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:ofSHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:SAN LUIS OBISPO CREEK BANK STABILIZATIONNEAR JOHNSONJWEALMAR12/16/202216NO. 54105EXP.BN10001831050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.38631"=10'3CREEK IMPROVEMENT PLANPage 29 of 489
CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:ofSHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:SAN LUIS OBISPO CREEK BANK STABILIZATIONNEAR JOHNSONJWEALMAR12/16/202216NO. 54105EXP.BN10001831050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.38631"=5'4CREEK IMPROVEMENT CROSS-SECTIONLOCATIONSPage 30 of 489
CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:ofSHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:SAN LUIS OBISPO CREEK BANK STABILIZATIONNEAR JOHNSONJWEALMAR12/16/202216NO. 54105EXP.BN10001831050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.38631"=5'5CREEK CROSS-SECTIONSPage 31 of 489
CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:ofSHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:SAN LUIS OBISPO CREEK BANK STABILIZATIONNEAR JOHNSONJWEALMAR12/16/202216NO. 54105EXP.BN10001831050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.38631"=5'6CREEK CROSS-SECTIONSPage 32 of 489
CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:ofSHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONSAN LUIS OBISPO CREEK BANK STABILIZATIONNEAR JOHNSONVAVAMRP12/16/202216No. S51011000183BN1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863AS SHOWNSTRUCTURAL GENERAL NOTES7Page 33 of 489
CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:ofSHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONSAN LUIS OBISPO CREEK BANK STABILIZATIONNEAR JOHNSONVAVAMRP12/16/202216No. S51011000183BN1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863AS SHOWNSTRUCTURAL GENERAL NOTES8Page 34 of 489
CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:ofSHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONSAN LUIS OBISPO CREEK BANK STABILIZATIONNEAR JOHNSONVAVAMRP12/16/202216No. S51011000183BN1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863AS SHOWNSTRUCTURAL GENERAL NOTES9Page 35 of 489
1234CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:ofSHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONSAN LUIS OBISPO CREEK BANK STABILIZATIONNEAR JOHNSONVAVAMRP12/16/202216No. S51011000183BN1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863AS SHOWNSTRUCTURAL TYPICAL DETAILS10Page 36 of 489
12CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:ofSHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONSAN LUIS OBISPO CREEK BANK STABILIZATIONNEAR JOHNSONVAVAMRP12/16/202216No. S51011000183BN1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863AS SHOWNSTRUCTURAL DETAILS11Page 37 of 489
123CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:ofSHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONSAN LUIS OBISPO CREEK BANK STABILIZATIONNEAR JOHNSONVAVAMRP12/16/202216No. S51011000183BN1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863AS SHOWNSTRUCTURAL DETAILS12Page 38 of 489
1234567CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:ofSHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONSAN LUIS OBISPO CREEK BANK STABILIZATIONNEAR JOHNSONVAVAMRP12/16/202216No. S51011000183BN1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863AS SHOWNSTRUCTURAL DETAILS13Page 39 of 489
12CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:ofSHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATIONSAN LUIS OBISPO CREEK BANK STABILIZATIONNEAR JOHNSONVAVAMRP12/16/202216No. S51011000183BN1050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863AS SHOWNSTRUCTURAL DETAILS14Page 40 of 489
15NTSSITE PHOTOSCITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:ofSHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:SAN LUIS OBISPO CREEK BANK STABILIZATIONNEAR JOHNSONJWEALMAR12/16/202216NO. 54105EXP.BN10001831050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863Page 41 of 489
CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:ofSHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:SAN LUIS OBISPO CREEK BANK STABILIZATIONNEAR JOHNSONJWEALMAR12/16/202216NO. 54105EXP.BN10001831050 Southwood DriveSan Luis Obispo, CA 93401P 805.544.7407 F 805.544.3863N.T.S.16DETAILSPage 42 of 489
SPECIAL PROVISIONS
FOR
CITY OF SAN LUIS OBISPO
San Luis Obispo Creek Bank Stabilization Near Johnson
Specification No. 1000183
September 2022
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200
1000035
Page 43 of 489
San Luis Obispo Creek Bank Stabilization Near Johnson
Specification No. 1000183
Approval Date: <<date of CM or CAR Report Authorizing Advertisement>>
<<Engineer of Record Stamp>>
<<Signature Date>>
<<Signature Date>>
Page 44 of 489
TABLE OF CONTENTS
NOTICE TO BIDDERS ..................................................................................................... I
BID SUBMISSION ...................................................................................................................................... I
BID DOCUMENTS .................................................................................................................................... II
PROJECT INFORMATION ........................................................................................................................ II
QUALIFICATIONS .................................................................................................................................... III
AWARD .................................................................................................................................................... IV
ACCOMMODATION .................................................................................................................................. V
BID FORMS .................................................................................................................... A
BID ITEM LIST FOR SAN LUIS OBISPO CREEK BANK STABILIZATION NEAR JOHNSON,
SPECIFICATION NO. 1000183 ................................................................................................................ A
LIST OF SUBCONTRACTORS ................................................................................................................ C
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .............................................................. D
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ......................................................... D
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT ................................................................. D
LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................... D
NON-COLLUSION DECLARATION .......................................................................................................... F
BIDDER ACKNOWLEDGEMENTS .......................................................................................................... G
QUALIFICATIONS .................................................................................................................................... H
ATTACH BIDDER'S BOND TO ACCOMPANY BID ................................................................................... I
SPECIAL PROVISIONS .................................................................................................. 1
DIVISION I GENERAL PROVISIONS ....................................................................................................... 1
1 GENERAL ........................................................................................................................................... 1
2 BIDDING ............................................................................................................................................. 1
3 CONTRACT AWARD AND EXECUTION ............................. ERROR! BOOKMARK NOT DEFINED.
4 SCOPE OF WORK ............................................................................................................................. 2
5 CONTROL OF WORK ........................................................................................................................ 2
6 CONTROL OF MATERIALS ................................................. ERROR! BOOKMARK NOT DEFINED.
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ....................................................... 5
8 PROSECUTION AND PROGRESS ................................................................................................... 6
9 PAYMENT ........................................................................................................................................... 6
DIVISION II GENERAL CONSTRUCTION ............................................................................................... 7
12 TEMPORARY TRAFFIC CONTROL ................................................................................................ 7
13 WATER POLLUTION CONTROL ..................................................................................................... 9
14 ENVIRONMENTAL STEWARDSHIP ............................................................................................... 9
16 TEMPORARY FACILITIES ............................................................................................................. 10
DIVISION III EARTHWORK AND LANDSCAPE ..................................................................................... 12
17 GENERAL ....................................................................................................................................... 12
APPENDIX A - FORM OF AGREEMENT ....................................................................... 0
Page 45 of 489
NOTICE TO BIDDERS
i
NOTICE TO BIDDERS
BID SUBMISSION
Sealed bids will be received by the City of San Luis Obispo at the Public Works
Administration Office located at 919 Palm Street, San Luis Obispo, California 93401, until
2:00 p.m. on XXX XX, 2023
at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope
plainly marked:
San Luis Obispo Creek Bank Stabilization Near Johnson, Specification No. 1000183
Any bid received after the time and date specified will not be considered and will be
returned to the bidder unopened. Bids received by Fax or Email will not be considered.
By submission of bid you agree to comply with all instruction and requirements in this
notice and the contract documents.
All bids must be submitted on the Bid Item List form(s) provided and submitted wi th all
other Bid Forms included in these Special Provisions.
Each bid must be accompanied by either a:
1. certified check
2. cashier's check
3. bidder's bond
made payable to the City of San Luis Obispo for an amount equal to ten percent of the
bid amount as a guaranty. Guaranty will be forfeited to the City San Luis Obispo if the
bidder, to whom the contract is awarded, fails to enter into the contract.
The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive
any informality in a bid.
All bids are to be compared based on the City Engineer's estimate of the quantities of
work to be done, as shown on the Bid Item List.
Bids will only be accepted from bidders that are licensed in compliance with the provisions
of Chapter 9, Division III of Business and Professions Code.
The award of the contract, if awarded, will be to the lowest responsive bid submitted by a
responsible contractor whose bid complies with the requirements prescribed. If the
contract is awarded, the contract will be awarded within 60 calendar days after the
opening of the bids.
Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute
a waiver of those defects.
Page 46 of 489
NOTICE TO BIDDERS
NOTICE TO BIDDERS
ii
BID DOCUMENTS
A copy of the plans and special provisions may be downloaded, free of charge, from the
City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bids-
proposals
A printed copy may be obtained at the office of the City Engineer by paying a non -
refundable fee of:
1. $15.00 if picked up in person, or
2. $25.00 if by mailing to the office of the City Engineer
Request must include Specification Number. The office of the City Engineer is located at:
919 Palm Street
San Luis Obispo, CA 93401
Standard Specifications and Engineering Standards referenced in the Special Provisions
may be downloaded, free of charge, from the City’s website at:
www.slocity.org/government/department-directory/public-works/documents-
online/construction-documents
A printed copy may be obtained by paying a non-refundable fee of:
1. $30.00 if picked up in person, or
2. $40.00 if by mailing to the office of the City Engineer
You are responsible to obtain all issued addenda prior to bid opening. Addenda will be
available to download at the City’s website listed abo ve or at the office of the City
Engineer.
Contact the project manager, <<INSERT NAME>> at <<INSERT PHONE NUMBER>> or
the Public Works Department at (805) 781-7200 prior to bid opening to verify the number
of addenda issued.
You are responsible to verify your contact information is correct on the plan holders list
located on the City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bids-
proposals.
PROJECT INFORMATION
In general, the project << INSERT GENERAL DESCRIPTION – AVOID INSERTING
DETAILS THAT COULD BE IN CONFLICT WITH OTHER PORTIONS OF THE
DOCUMENT >> (TO BE PROVIDED WITH 100% SUBMITTAL)
Page 47 of 489
NOTICE TO BIDDERS
NOTICE TO BIDDERS
iii
The project estimated construction cost is $X,XXX,XXXX
Contract time is established as <<XX>> working days.
The fixed liquidated damages amount is established at $500 per day for failure to
complete the work within the contract time.
In compliance with section 1773 of the Labor Code, the State of California Department of
Industrial Relations has established prevailing hourly wage rates for each type of
workman. Current wage rates may be obtained from the Division of Labor at:
https://www.dir.ca.gov/oprl/DPreWageDetermination.htm
This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
QUALIFICATIONS
You must possess a valid Class A Contractor's License at the time of the bid opening.
You and any subcontractors required to pay prevailing wage must be registered
with the Department of Industrial Relations pursuant to Section 1725.5 of the Labor
Code.
You must have experience constructing projects similar to the work specified for this
project. Provide three similar reference projects completed as either the prime or
subcontractor. All referenced projects must have been completed within the last five years
from this project’s bid opening date.
One of the three reference projects must have been completed under contract with
a city, county, state or federal government agency as the prime contractor.
## of the referenced projects must be for <<XXXX>>.
Failure to provide reference projects as specified in this section and as required on the
qualification form is cause to reject a bid as being non -responsive.
The City reserves the right to reject any bid based on non-responsiveness if a bidder fails
to provide a bid that complies with all bidding instructions.
The City reserves the right to reject a responsive bid based on the non -responsibility of
the bidder if the Director of Public Works or Designee finds, after providing notice and a
hearing to the bidder, that the bidder lacks the
1. knowledge
2. experience,
Page 48 of 489
NOTICE TO BIDDERS
NOTICE TO BIDDERS
iv
3. or is otherwise not responsible
as defined in Section 3.24 of the San Luis Obispo Municipal Code to complete the project
in the best interest of the City.
Rejected bidders may appeal this determination. Appeal must comply with the
requirements in this Notice to Bidders.
It is the City of San Luis Obispo’s intent to award the contract to the lowest responsive
bid submitted by a responsible bidder. If in the bidder’s opinion the contract has been or
may be improperly awarded, the bidder may protest the contract award.
Protests must be filed no later than five working days after either:
1. bid opening date
2. notification of rejected bid.
Protest must be in writing and received by the project manager located at:
919 Palm Street
San Luis Obispo, CA 93401.
Valid protests must contain the following information:
1. the reasons for the protest
2. any supporting documentation
3. the ruling expected by the City to remedy the protest.
Any protest not containing all required information will be deemed invalid and rejected.
The City will consider additional documentation or other supporting information regarding
the protest if submitted in compliance to the specified time limits. Anything submitted after
the specified time limit will be rejected and not be considered.
The Director of Public Works or Designee may request additional information to be
submitted within three days of the request, unless otherwise specified, and will notify the
protester of ruling within ten days of determination.
If the protester is not satisfied with ruling, the protester may appeal the ruling to the City
Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code.
Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will
make public records available upon request.
AWARD
The lowest bidder will be determined using the BID TOTAL.
As a condition to executing a contract with the City, two bonds each equal to one hundred
percent of the total contract price are required in compliance with Section 3-1.05 of the
Standard Specifications.
Page 49 of 489
NOTICE TO BIDDERS
NOTICE TO BIDDERS
v
You may substitute securities for moneys withheld under the contract in compliance with
the provisions of the Public Contract Code, Section 10263.
ACCOMMODATION
If any accommodations are needed to participate in the bid process, please contact
Argelia Chang at (805) 781-7200 or by Telecommunications Device for the Deaf at (805)
781-7107. Requests should be made as early as possible in the bidding process to allow
time for accommodation.
Page 50 of 489
BID FORMS
A
BID FORMS
All bid forms must be completed and submitted with your bid. Failure to submit these
forms and required bid bond is cause to reject the bid as nonresponsive. Staple all bid
forms together.
THE UNDERSIGNED, agrees that they have carefully examined:
1. the location of the proposed work
2. the plans and specifications
3. read the accompanying instructions to bidders
and propose to furnish all:
4. materials
5. labor
to complete all the required work satisfactorily in compliance with
6. plans
7. specifications
8. special provisions
for the prices set forth in the bid item list:
BID ITEM LIST FOR SAN LUIS OBISPO CREEK BANK STABILIZATION NEAR
JOHNSON, SPECIFICATION NO. 1000183
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
1 1 Mobilization and
Demobilization
1 LS
2 12
Traffic Control
System/Lane Closure
Staging Area
1 LS
3 13 Prepare Storm Water
Pollution Prevention Plan
1 LS
4 Construction Staking 1 LS
5 15 Clearing and Grubbing 1 LS
6 21 Temporary Erosion Control 1 LS
7 Environmental Monitoring,
Analysis & Reporting
1 LS
8 15 Cut Willow Trees 4 EA
9 15 Tree Trimming 5 EA
10 19 Secondary Flow Channel
Grading
125 CY
11 16 Install Temporary Check
Dams
3 EA
12 16 Install Temporary Ramps
for Personal Access
2 EA
Page 51 of 489
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B
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
13 71 Install Temporary Bypass
Drain Line, 15" HDPE
215 LF
14 71,74 Install Temporary Sump
and Sump Pump
1 LS
15 71,74 Install Temporary 2" PVC
Drain Line
195 LF
16 72
Install 3' Wide, 2' Deep, 6"-
8" Diameter Angular Rock
over Non-Woven
Geotextile Fabric, Method
B Placement
345 SF
17 51 Install 6" High Concrete
Weir
3 LS
18 60,21 2-Sack Cement Slurry for
Existing Erosion Hole
9 CY
19 46,51,
53
Soil Nail Wall (Including
coring existing concrete
slab slope protection)
990 SF
20 20 Re-Vegetation 3500 SF
Bid Total (or Base Bid) $
31
32
33
34
35
36
37
38
39
40
Alternate Bid Total $
Total Project Bid = (Base Bid + Alternative Bid) $
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required
work.
Page 52 of 489
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C
LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2 -1.33C of the
standard specifications, the Bidder is required to furnish the following information for each
Subcontractor performing more than 1/2 percent (0.5%) of the total base bid. Do not list
alternative subcontractors for the same work. Subcontracting must not total more t han
fifty percent (50%) of the submitted bid except as allowed in section 5-1.13 of the standard
specifications.
For Streets & Highways projects, subcontractors performing less than ten thousand dollars
($10,000) worth of work need not be mentioned. Subcontractors required to pay
prevailing wage, must be registered with the Department of Industrial Relations
pursuant to Labor Code section 1725.5 to be listed.
NOTE: If there are no subcontractors, write “NONE” and submit with bid.
Name Under Which
Subcontractor is Licensed License Number
DIR Public
Works
Registration
Number
Address and Phone
Number of Office, Mill or
Shop
Specific
Description of
Subcontract
% of
Total
Base
Bid
Attach additional sheets as needed.
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BID FORMS
D
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In compliance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the
bidder hereby declares under penalty of perjury under the laws of the State of California
that the bidder, or any subcontractor to be engaged by the bidder, has ____, has not
____ been convicted within the preceding three years of any offenses referred to in that
section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in
violation of any state or federal antitrust law in connection with the bidding upon, award
of, or performance of, any public works contract, as defined in Public Contract Code
Section 1101, with any public entity, as defined in Public Contract Code Section 1100,
including the Regents of the University of California or the Trustees of the California State
University. The term "bidder" is understood to include any partner, member, officer,
director, responsible managing officer, or responsible managing employee thereof, as
referred to in Section 10285.1.
NOTE: The bidder must place a check mark after "has" or "has not" in one of the blank
spaces provided. The above Statement is part of the Bid. Signing this Bid on the signature
portion constitute signature of this Statement. Bidders are cautioned that making a false
certification may subject the certifier to criminal prosecution.
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In compliance with Public Contract Code Section 10162, the Bidder must complete, under
penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a
proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented
from bidding on, or completing a federal, state, or local government project because of a
violation of law or a safety regulation?
Yes No
If the answer is yes, attach a letter explaining the circumstances
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In compliance with Public Contract Code Section 10232, you hereby state under penalty of
perjury, that no more than one final unappealable finding of contempt of court by a federal
court has been issued against you within the immediately preceding two-year period
because of your failure to comply with an order of a federal court which orders you to comply
with an order of the National Labor Relations Board.
LABOR CODE SECTION 1725.5 STATEMENTS
The bidder has delinquent liability to an employee or the state for any assessment of back
wages or related damages, interest, fines, or penalties pursuant to any final judgment,
order, or determination by a court or any federal, state, or local administrative agency,
including a confirmed arbitration award. Any judgment, order, or determination that is
Page 54 of 489
BID FORMS
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E
under appeal is excluded, provided that the contractor has secured the payment of any
amount eventually found due through a bond or other appropriate means.
Yes No
The bidder is currently debarred under Section 1777.1 or under any other federal or state
law providing for the debarment of contractors from public works.
Yes No
NOTE: The above Statements and Questionnaire are part of the Bid. Signing this Bid on
the signature portion constitute signature of this Statement and Questionnaire. Bidders are
cautioned that making a false certification may subject the certifier to criminal prosecution.
Page 55 of 489
BID FORMS
BID FORMS
F
NON-COLLUSION DECLARATION
I, , declare that
I am of ,
the party making the foregoing bid that the bid is not made in the interest of, or on behalf
of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the bidder has not
directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and
has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone refrained from bidding; that the bidder has
not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,
or the contents thereof, or divulged information or data relative thereto, or paid, and will not
pay, any fee to any corporation, partnership, company association, organization, bid
depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Executed on , 20 , in __
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
(Signature and Title of Declarant)
(SEAL)
Subscribed and sworn to before me
this _______day of _________, 20_____
Notary Public
Company Name:____________________
Page 56 of 489
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G
BIDDER ACKNOWLEDGEMENTS
By signing below, the bidder acknowledges and confirms that this bid is based on the information contained
in all contract documents, including the notice to bidders, plans, specifications, special provisions, and
addendum number(s) . (Note: You are responsible to verify the number of
addenda prior to the bid opening.)
The undersigned further agrees that in case of default in executing the required contract, with necessary
bonds, within eight days, (not including Saturdays, Sundays, and legal holidays), after having received a
mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his
bid will become the property of the City of San Luis Obispo.
Licensed in accordance with an act providing for the registration of contractors, License No. , Expiration
Date .
The above statement is made under penalty of perjury, and any bid not containing this information "will be
considered non-responsive and will be rejected” by the City.
Signature of Bidder
(Print Name and Title of Bidder)
DIR– Public Works
Registration No:
Business Name (DBA):
Owner/Legal Name:
Indicate One: Sole-proprietor Partnership Corporation
List Partners/Corporate Officers:
Name Title
Name Title
Name Title
Business Address
Street Address
Mailing Address
City, State, Zip Code
Phone Number
Fax Number
Email Address
Date
Page 57 of 489
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H
QUALIFICATIONS
Failure to furnish complete reference information ON THIS FORM, as specified in this
project’s Notice to Bidders and indicated below, is cause to reject the bid. Additional
information may be attached but is not a substitute for this form.
Reference Number 1
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid
or did this project include xxx activity?
Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public
agency?
Yes □ No □
Reference Number 2
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid
or did this project include xxx activity?
Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public
agency?
Yes □ No □
Reference Number 3
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid
or did this project include xxx activity?
Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public
agency?
Yes □ No □
Page 58 of 489
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I
ATTACH BIDDER'S BOND TO ACCOMPANY BID
Know all men by these presents:
That we ____________________________________________, AS PRINCIPAL, and
_______________________________________________________, AS SURETY, are held and firmly
bound unto the City of San Luis Obispo in the sum of:
____________________________________________________ Dollars (_____________) to be paid to
said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we
bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by
these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above
bounden ______________________________________________________________________
to construct ___________________________________________________________________
(insert name of street and limits to be improved or project)
dated _____________________ is accepted by the City of San Luis Obispo, and if the above
bounden _______________________________________________________, his heirs, executors,
administrators, successors, and assigns shall duly enter into and execute a contract for such construction and
shall execute and deliver the two bonds described within ten (10) days (not including Saturdays, Sundays, or
legal holidays) after the above bounden,
______________________________________________________, has received notice by and from the
said City of San Luis Obispo that said contract is ready for execution, then this obligation shall become null
and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we hereunto set our hands and seals this ___ day of ______, 20____.
Bidder Principal:
Signature Date
Title:
Surety:
Bidder's signature is not required to be notarized. Surety's signature must be notarized.
Equivalent form may be substituted
(Rev. 6-30-14)
Page 59 of 489
SPECIAL PROVISIONS
1
SPECIAL PROVISIONS
ORGANIZATION
Special provisions are under headings that correspond with the main section heading of
the Standard Specifications. Each special provision begins with a revision clause that
describes or introduces a revision to the Standard Specifications. Any paragraph added
or deleted by a revision clause does not change the paragraph number of the Standard
Specifications for any other reference to a paragraph of the Standard Specifications .
DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to Section 1-1.01 GENERAL:
The work must be done in compliance with the City of San Luis Obispo, Department of
Public Works:
1. San Luis Obispo Creek Bank Stabilization Near Johnson Special Provisions
2. City of San Luis Obispo Standard Specifications and Engineering Standards –
2020 edition
3. State of California, Department of Transportation Standard Specifications and
Standard Plans – 2018 edition
In case of conflict between documents, governing ranking must compl y with section 5-
1.02 of the City of San Luis Obispo’s Standard Specifications.
Failure to comply with the provisions of these sections is a material breach of contract:
1. Sections 5 through 8 of the Standard Specifications
2. Section 12 through 15 of the Standard Specifications
3. Section 77-1 of the Standard Specifications
4. Section 81 of the Standard Specifications
5. authorized working hours
6. OSHA compliance
2 BIDDING
Replace Section 2-1.33A BID DOCUMENT COMPLETION AND SUBMITTAL, General
with:
Furnish bid using blank forms provided in the Special Provisions. Bid must include all
forms and must be signed by the bidder.
Add Section 3-1.18B CONTRACT EXECUTION, Building Permit:(For Projects
requiring a Building Permit)
3-1.18B Building Permit
The contractor must obtain a no-fee building permit from the Community Development
Department. All requirements of the building permit shall be applied to the project.
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2
4 SCOPE OF WORK
Add Section 4-1.01A GENERAL, Location of Project:
The Work is located at the intersection between Johnson Avenue and Pismo Street in
San Luis Obispo, CA 93401. The portion of San Luis Obispo (SLO) Creek is armored
along the southern bank between the Johnson Creek Bridge and Toro Street Bridge.
Add to Section 4-1.03 WORK DESCRIPTION:
Comply with the provisions of Section(s) X [these section number should match the SS
numbers listed in the Bid Item List]….for general, material, construction, and payment
specifics.
5 CONTROL OF WORK
Add to Section 5-1.20, COORDINATION WITH OTHER ENTITIES:
It shall be the duty of the Contractor of this project to contact the adjacent communications
companies and contractors of any other adjacent projects under construction and to
coordinate the work to avoid any delays or inconvenience to any project. The Contractor's
attention is directed to the fact that other contractors will be working in the areas where
work under this Contract is being performed.
Add Section 5-1.23J, Critical Submittals:
The Contractor shall make submittals to the Engineer in a timely manner for the work to
be completed within the specified Contract Time.
For the following equipment items, inquiry reveals that potentially long lead times for
delivery are required, making these items critical for completion of the Work within the
Contract Time.
• _____
• _____
The preceding list does not necessarily include all critical items. The Contractor shall
be responsible for identification and timely submittal of all items.
The Engineer will endeavor to expedite submittal review of the critical items to aid in
reducing submittal-processing time.
Add Section 5-1.48 CONTRACT CLOSEOUT:
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3
5-1.48A Closeout Description
Requirements Included:
• Close Out Procedures.
• Final Cleaning.
• Project Record Documents.
• Systems Demonstration.
• Spare Parts and Maintenance Materials.
• Project Record Documents.
• Product Warranties and Product Bonds.
• Protecting Installed Construction.
Related Requirements:
• Section 01730: Operation and Maintenance Data
5-1.48B Closeout Procedures
Comply with procedures stated in General Conditions of the Contract for issuance of
Certificate of Substantial Completion.
When Contractor considers Work has reached final completion, submit written
certification that Contract Documents have been reviewed, Work has been inspected, and
that Work is complete in accordance with Contract Documents and ready for the
Engineer's inspection.
In addition to submittals required by the conditions of the Contract, provide submittals
required by governing authorities, and submit a final statement of accounting giving total
adjusted Contract Sum, previous payments, and sum remaining due.
The Engineer will issue a final Change Order reflecting approved adjustments to Contract
Sum not previously made by Change Order.
5-1.48C Final Cleaning
Execute prior to final inspection.
Clean exterior surfaces exposed to view; remove temporary labels, stains and fore ign
substances. Clean drainage systems.
Clean site; sweep paved areas, rake clean other surfaces.
Remove waste and surplus materials, rubbish, and construction facilities from the Project
and from the site.
5-1.48G Project Records Documents
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SPECIAL PROVISIONS
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4
Maintain on site one set of the following record documents; record actual revisions to the
Work:
• Drawings.
• Specifications.
• Addenda.
• Change Orders and other modifications to the Contract.
• Reviewed Shop Drawings, Product Data, and Samples.
Ensure entries are complete and accurate, enabling future reference by Owner.
Store record documents separate from documents used for construction.
Record information concurrent with construction progress, not less than weekly.
Specifications: Legibly mark and record at each product section description of actual
products installed, including the following:
• Manufacturer's name and product model and number.
• Product substitutions or alternates utilized.
• Changes made by Addenda and modifications.
Record Drawings and Shop Drawings: Legibly mark each item to record actual
construction including:
• Measured depths of foundations in relation to finish floor datum.
• Measured horizontal and vertical locations of underground utilities and
appurtenances, referenced to permanent surface im provements.
• Measured locations of internal utilities and appurtenances concealed in
construction, referenced to visible and accessible features of the Work.
• Field changes of dimension and detail.
• Details not on original Contract drawings.
Submit documents to Engineer before claim for final Application for Payment.
5-1.48H Product Warranties and Product Bonds
Obtain warranties and bonds executed in duplicate by responsible subcontractors,
suppliers, and manufacturers, within ten days after completion of applicable item of work.
Execute and assemble transferable warranty documents and bonds from subcontractors,
suppliers, and manufacturers.
Verify documents are in proper form, contain full information, and are notarized.
Co-execute submittals when required.
Include Table of Contents and assemble in three D side ring binder with durable plastic
cover.
Submit prior to final Application for Payment.
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5
Time Of Submittals:
• For equipment or component parts of equipment put into service during
construction with Owner's permission, submit documents within ten days after
acceptance.
• Make other submittals within ten days after Date of Substantial Completion, prior
to final Application for Payment.
• For items of Work for which acceptance is delayed beyond Date of S ubstantial
Completion, submit within ten days after acceptance, listing date of acceptance as
beginning of warranty or bond period.
5-1.48I Protecting Installed Construction
Protect installed Work and provide special protection where specified in individu al
specification sections.
Provide temporary and removable protection for installed products. Control activity in
immediate work area to prevent damage.
Provide protective coverings at walls, projections, jambs, sills, and soffits of openings.
Protect finished floors, stairs, and other surfaces from traffic, dirt, wear, damage, or
movement of heavy objects, by protecting with durable sheet materials.
Prohibit traffic or storage upon waterproofed or roofed surfaces. When traffic or activity is
necessary, obtain recommendations for protection from waterproofing or roofing material
manufacturer.
Prohibit traffic from landscaped areas.
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Replace last paragraph in Section 7-1.02K(3) Labor Code, Certified Payroll Records
(Labor Code 1776) with:
Furnish the Engineer one Portable Document Format (PDF) file which contains all certified
payroll records for the prior month’s work. Redact the PDF file making the employee’s social
security number illegible. Failure to submit PDF file with other monthly payroll records is
considered an incomplete payroll submission and penalties will be assessed.
Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan
Work hours are restricted to 00 a.m. to 00 p.m. on X Street . [Discuss with Traffic]
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6
Provide traffic control plan and traffic control application at or before the preconstruction
meeting. Traffic control plan must be drawn to scale. Traffic control application may be
obtained on the City’s website:
www.slocity.org/government/department-directory/public-works/documents-
online/construction-documents
Upon approval of the traffic control plan, the City will issue a no-fee Encroachment Permit.
Permittee is responsible to comply with all conditions of the traffic control plan. Complete
work using due diligence to restore free flowing of traffic.
8 PROSECUTION AND PROGRESS
Replace the 1st paragraph in Section 8-1.02A SCHEDULE, General with:
Provide a Level 1 schedule for this work.
Add to the fourth paragraph of Section 8-1.03 PRECONSTRUCTION
CONFERENCE:
14. The following project Submittals:
a. ____
If these project submittals cannot be procured prior to the preconstruction conference the
Contractor must provide proof of correspondence with manufacturers and confirmed
delivery dates of said submittals.
Add to Section 8-1.04B START OF JOB SITE ACTIVITIES, Standard Start: (for
accelerated start)
Contract time will start on the first Monday after preconstruction meeting.
9 PAYMENT
Work as specified in these specifications and as shown on the Plans for which no
separate payment is provided for in the Bid Item List will be considered a subsidiary
obligation of the Contractor and the cost thereof shall be included in the applicable
Contract prices for the item to which the work applies.
The following additional Bid Item descriptions are included for those atypical bid items not
fully covered in the Standard Specifications:
BID ITEM 7 – ENVIRONMENTAL MONITORING, ANALYSIS & REPORTING - Payment
for this lump sum bid item shall be made on a percent complete basis, based on the lump
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7
sum amount for this item. (SCOPE TO BE DETERMINED AND ADDED WITH 100%
SUBMITTAL)
DIVISION II GENERAL CONSTRUCTION
12 TEMPORARY TRAFFIC CONTROL
12-1.01 GENERAL
Replace 1st paragraph in Section 12-1.01 with:
Section 12-1 includes general specifications for:
1. Flagging
2. Placing and installing temporary traffic-handling equipment and devices
3. Maintaining traffic
4. Placing and installing temporary traffic control systems
5. Placing temporary pavement delineation
In compliance with approved traffic control plan and Engineer authorized field
adjustments.
You must provide all:
1. Signs
2. Lights
3. Barricades
4. Programmable message boards
5. Other facilities
To provide protection and warning for public traffic. Traffic cones must be used to
delineate detoured lanes.
A traffic control system shall consist of signing, flagging, using of pilot vehicles and/or
closing traffic lanes or streets in compliance with:
1. the details shown on the Standard Plans,
2. the provisions of Section 7-1.03, Public Convenience of the Standard
Specifications
3. the provisions of Section 7-1.04 Public Safety of the Standard Specifications
4. the Manual on Uniform Traffic Control Devices and the California supplement
5. these Special Provisions
The traffic control system shall provide for the convenience and safety of both vehicles
and pedestrians.
Personal vehicles of the Contractor's employees shall not be parked on the traveled way
or shoulders of the construction zone, including any section closed to public traffic.
Employees’ personal vehicles may be parked on adjacent streets within the legal parking
areas.
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8
At no time without prior permission of the City of San Luis Ob ispo shall any roadway be
closed to vehicular traffic. Alternative path/walkways shall be provided by the contractor
to maintain pedestrian traffic at all times.
All traffic coordination will require the City Engineer's approval seventy-two (72) hours
prior to placing of any traffic restrictions.
12-1.03 CONSTRUCTION
Add to Section 12-1.03.
Flaggers may be required for the adequate control of public traffic; the full cost of such
flagging is paid for as “Traffic Control”. Each flagger shall be equipped with a "Stop/Slow"
paddle [C28A/B], a means of communication with other flaggers (radio, hand signals, or
pilot car), and a clean bright orange vest, shirt or jacket. A minimum of two flaggers shall
be provided for reversible lane control.
Furnishing and operating a pilot car during operations (including driver, radios, and any
other equipment and labor required), at the option of the Contractor, and furnishing and
operating the flashing arrow sign trucks (including drivers and any other equipment and
labor required), is included in the payment for Temporary Traffic Control.
If required in the traffic control plan, and always during one -way traffic control, flagmen
will be required to direct traffic during construction. The number and location of flagme n
shall be sufficient to allow safe control and passage of traffic through the work zone.
Traffic control devices not placed in accordance with approved plans shall be cause to
stop construction by the Engineer.
If any component in the traffic control system is damaged, displaced, or ceases to operate
or function as specified, from any cause, during the progress of the work, the Contractor
shall immediately repair said component to its original condition or replac e said
component and shall restore the component to its original location. Failure by the
Contractor to continuously maintain the approved traffic control devices shall be sufficient
cause for the Engineer to stop all work protected by or associated with s uch approved
traffic control devices.
All warning devices used during hours of darkness shall be reflectorized and shall be
supplemented with flashing beacons.
All cones shall be 28” or higher.
The Contractor shall furnish and post signs where necessary to inform the public about
closures or restrictions at parking area entrances.
The Contractor shall have a sufficient supply of extra signs available at or near the project
site to erect additional signs requested by the Engineer during the course of the work.
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9
Each vehicle used to place, maintain and remove components of a traffic control system
on multi-lane roadways shall be equipped with a Type II flashing arrow sign which shall
be in operation when the vehicle is used for placing, maintaining or removing said
components. The sign shall be controllable by the operator of the vehicle while the vehicle
is in motion. The flashing arrow sign shown on the Standard Plans shall not be used on
the vehicles which are doing the placing, maintaining, and rem oving, and shall be in place
before a lane closure requiring its use is completed.
When traffic cones or delineators are used to delineate a temporary edge of traveled way,
the line of cones or delineators shall be considered to be the edge of the travel ed way.
However, the Contractor shall not reduce the width of an existing lane to less than ten
(10) feet without written approval from the Engineer. The provisions of this paragraph
shall not apply to a work area protected by a permanent or temporary railing or barrier.
All traffic control equipment shall be of standard size unless reduced sizes are specifically
approved by the Engineer and shall conform to the provision of the Manual on Uniform
Traffic Control Devices and the California supplement.
13 WATER POLLUTION CONTROL
Add to Section 13-3.01A Summary:
The area of disturbance for this project is anticipated to be less than one-acre; therefore,
provide a Water Pollution Control Plan (WPCP) and implementation in compliance with
Section 13.
14 ENVIRONMENTAL STEWARDSHIP
Add to Section 14-9.02 AIR POLLUTION CONTROL, General:
The City has obtained an annual permit for construction from the Air Pollution Control
District (APCD). The annual APCD permit and construction log files are located on the
City’s website:
http://www.slocity.org/government/department-directory/public-works/documents-
online/construction-documents
A copy of the permit can also be found in Appendix H of the City Standards. You are
required to comply with the APCD permit including all notification and construction logs
using the appropriate equipment. Provide training to all workers in the construction area.
You must comply with section 77-1 of the standard specifications.
Add Section 14-9.02A AIR POLLUTION CONTROL, Construction:
Where contamination is encountered, you are responsible to:
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10
1. monitor
2. record
3. report
H2S and Hydrocarbon FID readings taken every hour during work in the contamination
zone or as directed by the Engineer.
Appropriate Personal Protective Equipment (PPE) must be used.
Add Section 14-9.02C AIR POLLUTION CONTROL, Payment:
Full compensation for APCD compliance and applicable engineering standards is
included in the payment for other bid items unless a bid item of work is shown on the bid
list item. Compensation for APCD Permit Compliance includes, but is not limited to the
following:
1. Minimum two (2) week notification to APCD before planned excavation
2. A project description submitted to City and APCD for approval, including:
a. Specific work zone boundary where public access is restricted,
b. Estimated volume to be excavated,
c. Location of nearest residence, business, and schools,
d. A project specific Site Health and Safety Plan,
e. Starting date, project finish date, and operating hours (for hazardous
materials excavations)
f. Preparation of a Monitoring, Recordkeeping and Reporting Plan (MRRP),
complying with provisions listed in Appendix H of the City Standards,
g. Completion of a screening health risk assessment for toxic air pollutants
associated with the excavation, and project related APCD fee payments.
3. All On-site contaminated soils monitoring needed during hazardous materials
excavation.
16 TEMPORARY FACILITIES
Add Section 16-3 TEMPORARY CONSTRUCTION FACILITIES as follows:
16-3.01A Summary
Contractor shall provide its own office and construction utilities including the cost of
permits, usage, generation, installation, relocation, distribution, main tenance, safety,
disposal, and removal.
Contractor shall not install or remove any temporary utility without prior written approval
of the Engineer.
Temporary utilities placed underground shall be permanently marked as to prevent
damage by others, and accurately located for removal. Damage to above ground and
underground utilities by the Contractor shall be repaired or replaced by the Contractor at
no cost to the District.
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11
Obtain permits and inspections required by public utility companies, State of Cali fornia,
San Luis Obispo County and/or special districts for the installation and use of temporary
utilities. Utility installations shall comply with all codes and regulations.
The Contractor is cautioned that there is limited space available on site for t emporary
storage yards, parking, storage buildings, and temporary office space. Limited staging
area will be made available to the Contractor. Staging area is shown on the plans. The
Contractor shall satisfy itself that the staging area is adequate for the Contractor’s use. If
the staging area is not adequate, the Contractor shall find additional staging area for itself
offsite. The cost for additional staging area shall be included in the Contractor’s bid and
no additional payment will be made to the Contractor for additional staging area.
Contractor shall submit for approval the Contractor’s proposed plan for temporary utilities,
storage facilities/yards, temporary offices/trailers, and temporary construction water.
Provide power required for construction operations. Reimburse Owner for the cost of any
permanent power used, including power used for testing and commissioning of equipment
and systems.
16-3.01B Electrical Power – Construction Phase
The Contractor shall provide temporary generator power as required in the specifications
and shown on the plans.
The Contractor can make its own arrangements with the local utility company to provide
adequate temporary electrical service at a location acceptable to the City and utility
service provider. The Contractor shall then provide adequate jobsite distribution facilities
conforming to applicable codes and safety regulations. The Contractor shall provide, at
its own cost, all electric power required for construction, testing, general and security
lighting, and all other purposes whether supplied through temporary or permanent
facilities.
16-3.01C Dust Control
Perform dust control operations to prevent construction operations from producing dust
in amounts harmful to persons or causing a nuisance to persons living nearby or
occupying buildings in the vicinity of the work. Use water or dust preventative to control
dust.
16-3.01D Fire Danger
Minimize fire danger in the vicinity of and adjacent to the construction site. Provide labor
and equipment to protect the surrounding private property from fire resulting from
construction operations.
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16-3.01E Sanitary Conveniences
The Contractor shall provide suitable and adequate sanitary conveniences for the use of
all persons at the site of the Work. Such conveniences shall include chemical toilets or
water closets and shall be located at appropriate locations at the site of the Work. All
sanitary conveniences shall conform to the regulations of the public authority having
jurisdiction over such matters. At the completion of the Work, all such sanitary
conveniences shall be removed and the site left in a sanitary condition.
16-3.01F Temporary Construction Fences and Gates
Contractor may, upon approval by Engineer, install temporary fences, gates, barricades,
or other suitable means to protect property and prevent damage and injury.
16-3.01G Illumination
The Contractor shall provide temporary lighting in all work areas sufficient to maintain a
lighting level during working hours not less than the lighting level required by OSHA
standards.
Permanent building lighting may not be used during construction.
16-3.01H Progress/Work Area Cleaning
Maintain staging and work areas in a clean and orderly condition free from trash. “Trash”
shall include all: food scraps, office garbage, construction rubbish/debris, waste/excess
materials, shipping/packing materials, and windblown trash. Trash shall be collected and
placed into containers daily at designated waste storage areas in locations approved by
the Owner and removed periodically for offsite disposal at Contractor’s expense.
16-3.01I Removal
Remove temporary equipment, facilities, and materials prior to request for final inspection.
Clean and repair damage caused by installation and use of temporary work.
Remove all temporary site improvements. All materials removed shall be disposed of off -
site and the area shall be returned to the design as set forth in Contract Documents.
DIVISION III EARTHWORK AND LANDSCAPE
17 GENERAL
Add to Section 17-1.01.
Protect trees not marked for removal in compliance with 77 -1.03A(2)(j).
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13
Use of potable water from City water mains and fire hydrants is not allowed. Recycled
water is available by permit for use at the recycled-water hydrants located within the City
limits at various locations. Use of the recycled water is subject to the condi tions of the
Recycled-Water program, completion of required training, and payment of the permit fee.
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APPENDIX
APPENDIX
0
APPENDIX A - FORM OF AGREEMENT
THIS AGREEMENT, made on _____________, by and between the City of San Luis
Obispo, a municipal corporation and charter city, San Luis Obispo County, California
(hereinafter called the Owner) and COMPANY NAME (hereinafter called the Contractor).
WITNESSETH:
That the Owner and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be
performed, shall provide and furnish all of the labor, materials, necessary tools,
expendable equipment, and all utility and transportation services required to complete all
the work of construction of
SLO CREEK BANK STABILIZATION NEAR JOHNSON, SPEC #1000183
in strict compliance with the plans and specifications therefor, including any and all
Addenda, adopted by the Owner, in strict compliance with the Contract Documents
hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and
said work performed and completed under the direction and supervision and subject to the
approval of the Owner or its authorized representatives.
ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration
for the faithful performance of this Contract, subject to any additions or deductions as
provided in the Contract Documents, the contract prices as follows:
Item
No.
Item Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
1.
2.
3.
BID TOTAL: $ .00
Payments are to be made to the Contractor in compliance with and subject to the provisions
embodied in the documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work
which the Contractor may be required to do, or respecting the size of any payment to the
Contractor, during the performance of this Contract, said dispute shall be decided by the
Owner and its decision shall be final, and conclusive.
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APPENDIX
APPENDIX
1
ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the
following documents, all of which are as fully a part thereof as if herein set out in full, and if
not attached, as if hereto attached:
1. Notice to Bidders and Information for Bidders
2. Standard Specifications and Engineering Standards
3. Special Provisions, any Addenda, Plans and Contract Change Orders
4. Caltrans Standard Specifications and Standard Plans 2015
5. Accepted Bid and Bid Bond
6. List of Subcontractors
7. Public Contract Code Sections 10285.1 Statement
8. Public Contract Code Section 10162 Questionnaire
9. Public Contract Code Section 10232 Statement
10. Labor Code Section 1725.5 Statements
11. Bidder Acknowledgements
12. Qualifications
13. Non-collusion Declaration
14. Agreement and Bonds
15. Insurance Requirements and Forms
ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal
counsel approved by City, and hold harmless City, its officers, officials, employees and
volunteers from and against all liability, loss, damage, expense, cost (including without
limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation) of every nature arising out of or in connection with the Contractor’s negligence,
recklessness or willful misconduct in the performance of work hereunder or its failure to
comply with any of its obligations contained in this Agreement, except such loss or damage
which is caused by the sole or active negligence or willful misconduct of the City. Should
conflict of interest principles preclude a single legal counsel from representing both the City
and the Contractor, or should the City otherwise find the Contractor’s legal counsel
unacceptable, then the Contractor shall reimburse the City its costs of defense, including
without limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation. The Contractor shall promptly pay any final judgment rendered against the City
(and its officers, officials, employees and volunteers) with respect to claims determined by
a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful
performance. It is expressly understood and agreed that the foregoing provisions are
intended to be as broad and inclusive as is permitted by the law of the State of California
and will survive termination of this Agreement.
The Contractor obligations under this section apply regardless of whether such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment,
civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of the City under any provision of this agreement, the
Contractor shall not be required to indemnify and hold harmless the City for liability
attributable to the active negligence of City, provided such active negligence is determined
by agreement between the parties or by the findings of a court of competent jurisdiction. In
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APPENDIX
2
instances where the City is shown to have been actively negligent and where the City’s
active negligence accounts for only a percentage of the liability involved, the obligation of
the Contractor will be for that entire portion or percentage of liability not attributable to the
active negligence of the City.
ARTICLE V. It is further expressly agreed by and between the parties hereto that should
there be any conflict between the terms of this instrument and the bid of said Contractor,
then this instrument shall control and nothing herein shall be considered as an acceptance
of the said terms of said bid conflicting herewith.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this
year and date first above written.
CITY OF SAN LUIS OBISPO
A Municipal Corporation
__________________________________
Derek Johnson, City Manager
APPROVED AS TO FORM CONTRACTOR:
Name of Company
________________________________
By:________________________________
J. Christine Dietrick
City Attorney
Name of CAO/President
Its: CAO/PRESIDENT
(2nd signature required if Corporation):
By:________________________________
Name of Corporate Officer
Its: ____________________
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RESOLUTION NO. _____ (2023 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE MITGATED NEGATIVE
DECLARATION FOR THE SAN LUIS CREEK BANK REPAIR PROJECT
WHEREAS, The San Luis Obispo Creek Bank Repair Project necessitates a
Mitigated Negative Declaration Environmental Document; and
WHEREAS, City staff has completed a public and agency review, held a public
meeting and received no comments.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo adopts as follows:
SECTION 1. Environmental Review. Based upon all evidence in the record before
it, including an initial study, the City Council hereby adopts the Final Initial Study –
Mitigated Negative Declaration (IS-MND) prepared and circulated for this project, and
adopts all of the findings related to the Project:
a) The San Luis Obispo Creek Bank Repair Project IS-MND was prepared and
circulated for public review in accordance with the California Environmental
Quality Act (CEQA) and the State CEQA Guidelines . It reflects the lead
agency’s independent judgement and analysis, and it adequately addresses
potential environmental impacts associated with the proposed Project; and
b) There is no substantial evidence that the Project will have a significant effect
on the environment as mitigated in accordance with the measures identified in
the IS-MND; and
c) All potentially significant environmental effects were analyzed adequately in the
referenced IS-MND, subject to the following mitigation measures being
incorporated into the Project and subject to the mitigation m onitoring program
in the IS-MND, which is hereby adopted:
Air Quality
AQ -1 The SLOAPCD recognizes the public health risk reductions that can be realized by
idle limitations for both on- and off-road equipment. The following idle restricting
measures are required for the construction phase of projects:
1. Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road
Equipment.
1. Staging and queuing areas shall be located at the greatest distance
feasible from sensitive receptor locations;
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2. Diesel idling while equipment is not in use is not permitted;
3. Use of alternative-fueled equipment is recommended whenever
possible; and
4. Signs that specify the no-idling requirements must be posted and
enforced at the construction site.
2. Idling Restrictions for On-Road Vehicles. Section 2485 of California Code of
Regulations Title 13 limits diesel-fueled commercial motor vehicles that operate
in the State of California with gross vehicular weight ratings of greater 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 while vehicle is not in
use, 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 5.0 minutes
at any location when within 100 feet of a restricted area, except as noted
in Subsection (d) of the regulation.
Signs must be posted in the designated queuing areas and job sites to
remind drivers of the no-idling requirement. The specific requirements
and exceptions in the regulation can be reviewed at the following web
site: www.arb.ca.gov/msprog/truck-idling/2485.pdf.
3. Idling Restrictions for off-Road Equipment. Off-road diesel equipment
shall comply with the no-idling requirement. Signs shall be posted in the
designated queuing areas and job sites to remind off -road equipment
operators of the no-idling requirement.
AQ -2 Throughout the construction phase of the project, the project applicant shall
implement the following measures to minimize impacts to sensitive receptors and
to significantly reduce fugitive dust emissions. These fugitive dust mitigation
measures shall be shown on grading and building plans:
1. Reduce the amount of disturbed area where possible;
2. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne
dust from leaving the site. Increased watering frequency would be required
whenever wind speeds exceed 15 miles per hour. Reclaimed (non -potable)
water should be used whenever possible;
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3. All dirt stockpile areas should be sprayed daily or covered with tarps or other
dust barriers, as needed;
4. 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;
5. Exposed ground areas that are planned to be reworked at dates greater than
1 month after initial grading should be sown with a fast germinating, non -
invasive grass seed and watered until vegetation is established;
6. 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 SLOAPCD;
7. 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;
8. Vehicle speed for all construction vehicles shall not exceed 15 miles per hour
on any unpaved surface at the construction site;
9. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or
should maintain at least 2 feet of freeboard (minimum vertical distance between
top of load and top of trailer) in accordance with California Vehicle Code
Section 23114;
10. Install wheel washers or other devices to control tracking of mud and dirt onto
adjacent roadways where vehicles enter and exit unpaved roads onto streets,
or wash off trucks and equipment leaving the site;
11. Sweep streets at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers with reclaimed water should be used
where feasible. Roads shall be pre-wetted prior to sweeping when feasible;
12. The contractor or builder shall designate a person or persons to monitor the
fugitive dust emissions and enhance the implementation of the measures as
necessary to minimize dust complaints, reduce visible emissions below the
SLOAPCD’s limit of 20% opacity for greater than 3 minutes in any 60 -minute
period, and to prevent transport of dust off-site. Their duties shall include
holidays and weekend periods when work may not be in progress. The name
and telephone number of such persons shall be provided t o the SLOAPCD
Engineering and Compliance Division prior to the start of any grading,
earthwork, or demolition.
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AQ -3 Prior to initiation of ground-disturbing activities, the applicant shall retain a
registered geologist to conduct a geologic evaluation of the property, including
sampling and testing for naturally occurring asbestos (NOA) in full compliance with
SLOAPCD requirements and the CARB ATCM for Construction, Grading,
Quarrying, and Surface Mining Operations (17 CCR 93105). This geologic
evaluation shall be submitted to the City Community Development Department
upon completion. If the geologic evaluation determines that the project would not
have the potential to disturb ACM, the applicant must file an Asbestos ATCM
exemption request with the SLOAPCD.
AQ -4 If ACM are determined to be present on-site, proposed earthwork, demolition, and
construction activities shall be conducted in full compliance with the various
regulatory jurisdictions regarding ACM, including the CARB ATCM for
Construction, Grading, Quarrying, and Surface Mining Operations (17 CCR 93105)
and requirements stipulated in the National Emission Standard for Hazardous Air
Pollutants (NESHAP; 40 Code of Federal Regulations [CFR] Section 61, Subpart
M – Asbestos). These requirements include, but are not limited to, the following:
1. Written notification, within at least 10 business days of activities commencing,
to the SLOAPCD;
2. Preparation of an asbestos survey conducted by a Certified Asbestos
Consultant; and
3. Implementation of applicable removal and disposal protocol and requirements
for identified ACM.
AQ -5 All project-related earthwork and demolition of existing structures and/or
infrastructure shall be conducted in compliance with applicable regulatory
requirements, including the requirements stipulated in the NESHAP (40 CFR 61,
Subpart M – asbestos). These requirements include, but are not limited to,
notification to the SLOAPCD, an asbestos survey conducted by a Certified
Asbestos Inspector, and applicable removal and dispo sal requirements of
identified asbestos containing materials.
AQ -6 If during construction activities, paint is separated from existing infrastructure (e.g.,
chemically or physically), the paint waste shall be evaluated independently from
the building material by a qualified hazardous materials inspector to determine
proper management. All hazardous materials (e.g., lead based paint, etc.) shall be
handled and disposed of in accordance with local, state, and federal regulations.
If required, all lead work plans shall be submitted to SLOAPCD at least 10 days
prior to the start of demolition. The City shall document proof that paint waste has
been evaluated by a qualified hazardous waste materials inspector and handled
according to their recommendation to the City Community Development
Department.
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Biological Resources
BR-1 The Habitat Mitigation and Revegetation Plan shall include an assemblage of native
flowering plants in order to provide pollination opportunities for western bumble
bee and other insect species.
BR-2 Prior to construction, a biologist determined qualified by Caltrans and the CDFW
shall survey the BSA for monarch butterfly roosts. If monarch butterfly roosts are
observed, the biologist shall coordinate with Caltrans and the CDFW to establish
an appropriate buffer zone to avoid direct impacts to roosts until roosting activity
has ceased. Observations of monarch butterfly or other special-status species
shall be documented on CNDDB forms and submitted to the CDFW upon project
completion.
BR-3 During preconstruction surveys and/or during construction, any Pyrgulopsis spp.
observed by biologists shall be relocated to suitable aquatic habitat outside of the
area of impact.
BR-4 Prior to initiation of stream diversion/dewatering, a qualified biologist shall conduct
a worker environmental training program, including a description of steelhead,
steelhead critical habitat, its legal/protected status, proximity to the project site,
avoidance/minimization measures to be implemented during the project, and the
implications of violating FESA and permit conditions.
BR-5 In-stream work shall take place between June 15 and October 31 in any given year,
when the surface water within San Luis Obispo Creek is likely to be at seasonal
minimum. Deviations from this work window shall only be made with permission
from the relevant regulatory agencies. During in-stream work, a qualified biologist
that has experience in steelhead biology and ecology, aquatic habitats, biological
monitoring (including diversion/dewatering), and capturing, handling, and
relocating fish species shall be retained. During in-stream work, the biological
monitor(s) shall continuously monitor placement and removal of any required
stream diversions/dewatering and only the approved biologist shall capture
stranded steelhead and other native fish species and relocate t hem to suitable
habitat, as appropriate. The approved biologist(s) shall capture steelhead stranded
as a result of diversion/dewatering and relocate steelhead to the nearest suitable
in-stream habitat. The approved biologist(s) shall note the number of ste elhead
observed in the affected area, the number of steelhead relocated, and the date
and time of the collection and relocation.
BR-6 During in-stream work, if pumps are incorporated to assist in temporarily dewatering
the site, intakes shall be completely screened with no larger than 3/32-inch (2.38-
millimeter) wire mesh to prevent steelhead and other sensitive aquatic species
from entering the pump system. Pumps shall release the diverted water so that
suspended sediment shall not reenter the stream. The form and function of pumps
used during the dewatering activities shall be checked daily, at a minimum, by a
qualified biological monitor to ensure a dry work environment and minimize
adverse effects to aquatic species and habitats.
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BR-7 Prior to and during construction activities, only USFWS-approved biologists shall
participate in activities associated with the capture and handling of CRLFs.
BR-8 Ground disturbance shall not begin until written approval is received from the
USFWS that the biologist(s) is qualified to do conduct the work, unless the
individual(s) has/have been approved previously and the USFWS has not revoked
that approval. Caltrans shall request approval of the biologist(s) from the USFWS.
BR-9 A USFWS-approved biologist shall survey the project area no more than 48 hours
before the onset of work activities. If any life stage of the CRLF is found and these
individuals are likely to be killed or injured by work activities, the approved biologist
shall be allowed sufficient time to move th em from the site before work activities
begin. The USFWS-approved biologist shall relocate the CRLFs the shortest
distance possible to a location that contains suitable habitat and shall not be
affected by the activities associated with the project. The relocation site should be
in the same drainage to the extent practicable. Caltrans shall coordinate with
USFWS on the relocation site prior to the capture of any CRLFs.
BR-10 Before any activities begin on a project, a USFWS-approved biologist shall
conduct a training session for all construction personnel. At a minimum, the training
shall include a description of the CRLF and its habitat, the specific measures that
are being implemented to conserve the CRLF for the current project, and the
boundaries within which the project may be accomplished. Brochures, books, and
briefings may be used in the training session, provided that a qualified person is
on hand to answer any questions.
BR-11 A USFWS-approved biologist shall be present at the work site until CRLFs have
been relocated out of harm’s way, workers have been instructed, and disturbance
of the habitat has been completed. After this time, the City shall designate a person
to monitor on-site compliance with minimization measures. The USFWS-approved
biologist shall ensure that this monitor receives the training outlined in the measure
above and in the identification of CRLFs. If the monitor or the USFWS -approved
biologist recommends that work be stopped because CRLFs would be affected in
a manner not anticipated by the USFWS, Caltrans, and the City during the review
of the proposed action, they shall notify the resident engineer (the engineer that is
directly overseeing and in command of construction activities) immediately. The
resident engineer shall either resolve the situation by eliminating the adverse effect
immediately or require that actions that are causing these effects be halted. If work
is stopped, the USFWS, Caltrans, and the City shall be notified as soon as is
reasonably possible.
BR-12 During project activities, trash that may attract predators shall be properly
contained, removed from the work site, and disposed of regularly. Following
construction, trash and construction debris shall be removed from work areas.
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BR-13 All refueling, maintenance, and staging of equipment and vehicles shall occur at
least 100 feet from riparian habitat or water bodies and in a location from where a
spill would not drain directly toward aquatic habitat (e.g., on a slope that drains
away from the water). The monitor shall ensure contamination of habitat does not
occur during such operations. Prior to the onset of work, Caltrans and the City shall
ensure that a plan is in place for prompt and effective response to any accidental
spills. All workers shall be informed of the importance of preventing spills and of
the appropriate measures to take should a spill occur.
BR-14 Habitat contours shall be returned to their original configuration at the end of
project activities. This measure shall be implemented in all areas disturbed by
activities associated with the project, unless the USFWS, Caltrans, and the City
determine that it is not feasible or modification or original contours would benefit
the CRLF.
BR-15 The number of access routes, size of staging areas, and total area of activity shall
be limited to the minimum necessary to achieve the project. Environmentally
Sensitive Areas (ESAs) shall be established to confine access routes and
construction areas to the minimum area necessary to complete construction, and
minimize the impact to CRLF habitat; this goal includes locating access routes and
construction areas outside of wetlands and riparian areas to the maximum extent
practicable.
BR-16 Caltrans and the City shall attempt to schedule work for times of the year when
impacts to CRLF would be minimal. For example, work that would affect large
pools that may support breeding would be avoided, to the maximum extent
practicable, during the breeding season (November through May). Isolated pools
that are important to maintain CRLFs through the driest portions of the year would
be avoided, to the maximum degree practicable, during the late summer and early
fall. Habitat assessments, surveys, and technical assistance between the USFWS
and Caltrans during project planning shall be used to assist in scheduling work
activities to avoid sensitive habitats during key times of year.
BR-17 To control sedimentation during and after project implementation, Caltrans and
the City shall implement Best Management Practices (BMPs) outlined in any
authorizations or permits issued under the authorities of the Clean Water Act that
it receives for the specific project. If BMPs are ineffective, Caltrans shall attempt
to remedy the situation immediately, in coordination with the USFWS.
BR-18 If a work site is to be temporarily dewatered by pumping, intakes shall be
completely screened with wire mesh not larger than 1/5 inch (5.08 millimeters) to
prevent CRLFs from entering the pump system. Water shall be released
downstream at an appropriate rate to maintain downstream flows during
construction. Upon completion of construction activities, any diversions or barriers
to flow shall be removed in a manner that would allow flow to resume with the least
disturbance to the substrate. Alteration of the streambed shall be minimized to the
maximum extent possible; any imported material shall be removed from the
streambed upon completion of the project.
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BR-19 Unless approved by the USFWS, water shall not be impounded in a manner that
may attract CRLFs.
BR-20 A USFWS-approved biologist shall permanently remove any individuals of exotic
species, such as bullfrogs (Lithobates catesbeiana), crayfish, and centrarchid
fishes, from the project area, to the maximum extent. The USFWS-approved
biologist shall be responsible for ensuring their activities are in compliance with the
California Fish and Game Code.
BR-21 If Caltrans and the City demonstrate that disturbed areas have been restored to
conditions that allow them to function as habitat for CRLF, these areas shall not
be included in the amount of total habitat permanently disturbed.
BR-22 To ensure that diseases are not conveyed between work sites by the USFWS -
approved biologist, the fieldwork code of practice developed by the Declining
Amphibian Task Force shall be followed at all times.
BR-23 Project sites shall be revegetated with an assemblage of native riparian, wetland,
and upland vegetation suitable for the area. Locally collected plant materials shall
be used to the extent practicable. Invasive, exotic plants shall be controlled to the
maximum extent practicable. This measure shall be implemented in all areas
disturbed by activities with the project, unless the USFWS, Caltrans, and the City
have determined that it is not feasible or practical.
BR-24 Caltrans and the City shall not use herbicides as the primary method to control
invasive, exotic plants. However, if Caltrans and the City determine the use of
herbicides is the only feasible method for controlling invasive plants at a specific
project site, the following additional measures shall be implemented to protect
CRLF:
1. Caltrans and the City shall not use herbicides during the breeding season for
CRLF.
2. Caltrans and the City shall conduct surveys for CRLF immediately prior to the
start of herbicide use. If found, CRLF shall be relocated by a qualified biologist
to suitable habitat far enough from the project area that no direct contact with
herbicide would occur.
3. Cape ivy and other invasive plants shall be cut and hauled out by hand and
painted with glyphosate-based products, such as Aquamaster® or Rodeo®.
4. Licensed and experienced Caltrans staff or a licensed and experienced
contractor shall use a hand-held sprayer for foliar application of Aquamaster®
or Rodeo® where large monoculture stands occur at an individual project site.
5. All precautions shall be taken to ensure that no herbicide is applied to native
vegetation.
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6. Foliar applications of herbicide shall not occur when wind speeds are in excess
of 3 miles per hour.
7. No herbicides shall be applied within 24 hours of forecasted rain.
8. Application of herbicides shall be done by qualified Caltrans staff, City staff, or
contractors to ensure that overspray is minimized, application is made in
accordance with the label recommendations, and required and reasonable
safety measures are implemented. A safe dye shall be added to the mixture to
visually denote treated sites. Application of herbicides shall be consistent with
the USEPA Office of Pesticide Programs Endangered Species Protection
Program county bulletins.
9. All herbicides, fuels, lubricants, and equipment shall be stored, poured, or
refilled at least 100 feet from riparian habitat or water bodies in a location where
a spill would not drain directly toward aquatic habitat. Caltrans and the City
shall ensure that a plan is in place for a prompt and effective response to
accidental spills. All workers shall be informed of the importance of preventing
spills and of the appropriate measures to take should a spill occur.
BR-25 Upon completion of the project, Caltrans and the City shall ensure that a Project
Completion Report is completed and provided to the USFWS Ventura Field Office.
Caltrans and the City shall recommend modifications of the protective measures if
alternative measures would facilitate compliance with the provisions of the
consultation. In addition, Caltrans shall reinitiate formal consultation in the event
any of the following thresholds are reached as a result of the projects conducted
under the provisions of the consultation associated with the Programmatic
Biological Opinion:
Caltrans shall reinitiate consultation when, as a result of projects conducted under
the provision of the consultation associated with the Programmatic Biological
Opinion, any of the following occur:
1. 10 CRLF adults or juveniles have been killed or injured in any given year (for
this and all other standards, an egg mass is considered to be a CRLF);
2. 50 CRLFs have been killed or injured in total;
3. 20 acres of critical habitat for the CRLF that include the primary constituent
elements of aquatic breeding and non-breeding aquatic habitat and upland and
dispersal habitat have been permanently lost in any given year;
4. 100 acres of critical habitat for the CRLF that include the primary constituent
elements of aquatic breeding and non-breeding aquatic habitat and upland and
dispersal habitat have been permanently lost in total;
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5. 100 acres of critical habitat for the CRLF that include the primary constituent
elements of aquatic breeding and non-breeding aquatic habitat and upland and
dispersal habitat have been temporarily disturbed in any given year; or
6. 500 acres of critical habitat for the CRLF that include the primary constituent
elements of aquatic breeding and non-breeding aquatic habitat and upland and
dispersal habitat have been temporarily disturbed in total.
BR-26 Prior to construction, a biologist determined qualified by Caltrans and the CDFW
shall survey the BSA and, if present, capture and relocate any Coast Range newts
and southwestern pond turtles to adjacent suitable habitat upstream or
downstream of the BSA. Observations of these or other special-status species
shall be documented on CNDDB forms and submitted to CDFW upon project
completion. If these species or other CDFW Species of Special Concern aquatic
species are observed during construction, they shall likewise be relocated to
suitable upstream habitat by a qualified biologist.
BR-27 If feasible and regulatory approvals allow, tree removal shall be scheduled to occur
from October 1 to January 31, outside of the typical nesting bird season, to avoid
potential impacts to nesting birds. If tree removal or other construction activities
are proposed to occur within 100 feet of potential habitat during the nesting season
(February 1 to September 1), a nesting bird survey shall be conducted by a
biologist determined qualified by Caltrans no more than 3 days prior to
construction. If an active nest is found, a qualified biologist shall determine an
appropriate buffer and monitoring strategy based on the habits and needs of the
species. The buffer area shall be avoided until a qualified biologist has determined
that juveniles have fledged.
BR-28 If least Bell’s vireo, southwestern willow flycatcher, and/or western yellow-billed
cuckoo are observed within 100 feet of construction activities, a qualified biologist
shall implement an exclusion zone and work shall be avoided within the exclusion
zone until the least Bell’s vireo, southwestern willow flycatcher, and/or western
yellow-billed cuckoo are located greater than 100 feet from project-related
disturbance. If an active least Bell’s vireo, southwestern willow flycatcher, and/or
western yellow-billed cuckoo nest is observed within 100 feet of the BSA, all project
activities shall immediately cease and Caltrans shall contact the USFWS and
CDFW within 48 hours. If required, Caltrans shall then initiate FESA Section 7
formal consultation with the USFWS and California Endangered Species Act
(CESA) coordination for least Bell’s vireo, southwestern willow flycatcher, and/or
western yellow-billed cuckoo and implement additional measures as nece ssary.
BR-29 Prior to demolition of the existing bridge, birds shall be excluded from the existing
bridge. Nesting bird exclusion methods may include installation of exclusion
netting, removing/knocking down nests before they contain eggs, or other methods
approved by the CDFW. Installation of exclusion netting shall occur outside of the
typical nesting season (i.e., implement exclusion methods from September 2 to
January 31).
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BR-30 Prior to demolition of the existing bridge, bats shall be passively excluded from the
existing bridge with exclusion netting or other means. Installation of exclusion shall
occur outside of the typical maternity roosting season (i.e., implement exclusion
from September 2 to February 14).
BR-31 If tree removal is required during the bat maternity roosting season (February 15
to September 1), a bat roost survey shall be conducted by a qualified biologist
within 3 days prior to removal. If an active bat roost is found, Caltrans shall
coordinate with the CDFW to determine an appropriate buffer based on the habits
and needs of the species. Readily visible exclusion zones shall be established in
areas where roosts must be avoided using ESA fencing. Work in the buffer area
shall be avoided until a qualified biologist has determined that roosting activity has
ceased. Active bat maternity roosts shall not be disturbed or destroyed at any time.
BR-32 If it is determined that a substantial impact to pallid bat, western mastiff bat, or a
maternity roost shall occur, then the City shall compensate for the impact through
the development and implementation of a mitigation plan in coordination with the
CDFW.
BR-33 Prior to issuance of construction permits, the City shall prepare a Habitat Mitigation
and Revegetation Plan to assist project planners in preparing agency permit
applications associated with the permanent and temporary impacts to U.S. Army
Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB),
and California Department of Fish and Wildlife (CDFW) jurisdictions i n San Luis
Obispo Creek. The HMRP shall be prepared in compliance with the guidelines
provided in the Final 2015 Regional Compensatory Mitigation and Monitoring
Guidelines for South Pacific Division USACE (USACE 2015), the Checklist for
Compensatory Mitigation Proposals (USACE 2008a), and the Final Rule for
Compensatory Mitigation for Losses of Aquatic Resources. The HMRP shall
identify the proposed 1:1 restoration ratio in-kind for temporary impacts, a 2:1
restoration or enhancement ratio in-kind for permanent impacts resulting in
degradation of ecological conditions, and a 3:1 restoration or enhancement ratio
in-kind for permanent impacts resulting in permanent loss. The final mitigation
requirements shall be determined through the permitting process and a final
Compensatory Mitigation Plan would need to be approved by the USACE, CDFW,
and RWQCB.
BR-34 Prior to construction, the City shall obtain a Section 404 Permit from the USACE,
a Section 401 Water Quality Certification from the RWQCB, and a Section 1 600
Streambed Alteration Agreement from the CDFW for project -related impacts that
shall occur in areas under state and federal jurisdiction.
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BR-35 Prior to construction, the City shall retain a qualified biological monitor(s) to
monitor construction and ensure compliance with the avoidance and minimization
efforts outlined within all project environmental documents. At a minimum,
monitoring shall occur during initial ground disturbance activities and vegetation
removal within the San Luis Obispo Creek corridor. Monitoring may be reduced to
part time once initial disturbance and vegetation removal activities are complete.
The duration of monitoring should be at least once per week throughout the
remaining construction phases, unless specified otherwise by permitting
agencies.
BR-36 Prior to construction, all personnel shall participate in an environmental awareness
training program conducted by a qualified biologist. The program shall include a
description of the sensitive aquatic resources within the BSA and the boundaries
within which the project may be accomplished. If appropriate, the biologist may
train and designate a representative of the City or other designee to provide
training to subcontractors or personnel that shall be on -site for short durations
during the project.
BR-37 Construction activities within jurisdictional areas shall be conducted during the dry
season when stream flows will be at annual lows (June 15 and October 31) in any
given year, or as otherwise directed by the regulatory agenc ies. Deviations from
this work window can be made with permission from the relevant regulatory
agencies.
BR-38 Prior to initiation of any construction activities, including vegetation clearing or
grubbing, sturdy high-visibility fencing shall be installed to protect the jurisdictional
areas adjacent to the designated work areas. This fencing shall be placed so that
unnecessary adverse impacts to the adjacent habitats are avoided. No
construction work (including storage of materials) shall occur outside of the
specified project limits. The fencing shall remain in place during the entire
construction period, be monitored periodically by a qualified biologist, and be
maintained as needed by the contractor.
BR-39 Prior to construction, a Storm Water Pollution Prevention Plan or Water Pollution
Control Plan for the project shall be prepared. Provisions of this plan shall be
implemented during and after construction as necessary to avoid and minimize
erosion and stormwater pollution in and near the work area.
BR-40 Prior to construction, the contractor shall prepare a Hazardous Materials
Response Plan to allow for a prompt and effective response to any accidental
spills. Workers shall be informed of the importance of preventing spills and of the
appropriate measures to take should a spill occur.
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BR-41 During construction, erosion control measures (e.g., silt fencing, fiber rolls, and
barriers) shall remain available on-site and shall be utilized as necessary to
prevent erosion and sedimentation in jurisdictional areas. No synthetic plastic
mesh products shall be used for erosion control and use of these materials on-site
is prohibited. Erosion control measures shall be checked to ensure that they are
intact and functioning effectively and maintained on a daily basis throughout the
duration of construction. The contractor shall also apply adequate dust control
techniques, such as site watering, during construction to protect water quality.
BR-42 During construction, the cleaning and refueling of equipment and vehicles shall
occur only within a designated staging area and at least 100 feet (30 meters) from
wetlands or other aquatic areas. At a minimum, equipment and vehicles shall be
checked and maintained on a daily basis to ensure proper operation and avoid
potential leaks or spills.
BR-43 During construction, trash shall be contained, removed from the work site, and
disposed of regularly. Following construction, trash and construction debris sha ll
be removed from the work areas. Vegetation removed from the construction site
shall be taken to a permitted landfill to prevent the spread of invasive species. If
soil from weedy areas (such as areas with poison hemlock [Conium maculatum]
or other invasive exotic plant species) must be removed to an off -site location, the
top 6 inches (152 millimeters) containing the seed layer in areas with weedy
species shall be disposed of at a permitted landfill.
BR-44 During construction, no pets shall be allowed on the construction site.
Cultural Resources
CR-1 In the event that historical or archaeological remains are discovered during earth -
disturbing activities associated with the project, an immediate halt work order shall
be issued and the City Community Development Director and City Public Works
Director shall be notified. A qualified archaeologist shall conduct an assessment
of the resources and formulate proper mitigation measures, if necessary. After the
find has been appropriately mitigated, work in the area may resume. A Chumash
representative shall monitor any mitigation excavation associated with Native
American materials.
CR-2 In the event that human remains are exposed during earth -disturbing activities
associated with the project, an immediate halt work order shall be issued and the
City Community Development Director and City Public Works Director shall be
notified. State Health and Safety Code Section 7050.5 requires that no further
disturbance of the site or any nearby area reasonably suspected to overlie
adjacent human remains shall occur until the County Coroner has made the
necessary findings as to origin and disposition pursuant to Public Resources Code
Section 5097.98. If the remains are determined to be of Native American descent,
the coroner shall notify the Native American Heritage Commission within 24
hours.
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Hazards and Hazardous Materials
HAZ-1 All project-related spills or leaks of hazardous materials shall be cleaned up
immediately. Spill prevention and clean-up materials shall be located on-site at all
times during construction.
HAZ-2 Prior to issuance of construction permits, soil sampling shall be conducted in areas
of the South Higuera Street right-of-way where soil disturbance or excavation is
proposed for the presence of hazardous materials, including aerially deposited
lead (ADL) and hydrocarbons. Soil sampling shall be conducted by a licensed
geologist or other qualified professional as approved by the City. ADL sampling
shall focus on unpaved areas and formerly unpaved areas within the right-of-way
and shall be conducted in accordance with current Caltrans guidance documents.
Analytes to be targeted should include gasoline-, diesel-, and oil-range
hydrocarbons; volatile organic compounds; and fuel oxygenates. If contaminate d
soil is present, the appropriate abatement actions shall be implemented in
accordance with applicable Caltrans Standard Special Provisions and other
applicable standards.
HAZ-3 A Soil Management Plan and Health and Safety Plan shall be developed for th e
project to ensure contaminated soils excavated during project construction are
handled, stockpiled, and disposed of in accordance with federal, state, and local
regulations. Special handling, treatment, or disposal of ADL in soils during
construction activities shall be consistent with the DTSC and Caltrans Soil
Management Agreement for Aerially Deposited Lead-Contaminated soils (effective
July 1, 2016).
HAZ-4 Prior to issuance of construction permits, yellow traffic striping and similar
pavement parking materials shall be tested for presence of elevated levels of
metals that would require removal and special disposal measures during
construction per Caltrans Standard Special Provisions and other applicable
standards.
Transportation
TR-1 At least 8 weeks prior to scheduled road closure, the City shall notify SLO Transit
and local emergency service providers (including the SLOFD, SLOPD, and San
Luis Ambulance Services) of road closures along Prado Road. The notice shall
include dates and estimated duration of the closure, identify alternative access
routes to properties made inaccessible by the closure (as applicable), and contact
information available if there are issues or complaints. Complaints shall be directed
to the City Public Works Department.
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TR-2 Construction Traffic Management Plan. Prior to the issuance of construction
permits, the construction contractor shall meet with the City Public Works
Department to determine traffic management strategies to reduce, to the maximum
extent feasible, traffic congestion, impacts to bicyclists and pedestrians, impacts
to public transit services, and impacts to emergency service providers during
construction of the project. The construction contractor shall develop a
construction management plan for review an d approval by the Public Works
Department. The plan shall include, at minimum, the following items and
requirements:
A set of comprehensive traffic control measures, including scheduling of major
truck trips and deliveries to avoid peak traffic and pedest rian hours, detour
signs if required, lane closure procedures, sidewalk closure procedures, signs,
designated construction access routes, and temporary traffic control measures
for automobile, bicycle, and pedestrian traffic.
Notification procedures for adjacent property owners and public safety
personnel regarding when major deliveries, detours, and lane closures will
occur.
Location of construction staging areas for materials, equipment, and vehicles.
Identification of haul routes for movement of construction vehicles that would
minimize impacts on vehicular and pedestrian traffic, circulation and safety.
Temporary construction fencing to contain debris and material and to secure
the site.
Provisions for removal of trash generated by project construction activity.
A process for responding to and tracking complaints pertaining to construction
activity. Complaints shall be directed to the City Public Works Department.
Provisions for monitoring surface streets used for haul and truck routes so that
any damage and debris attributable to construction-related trips can be
identified and corrected, including regular street sweeping within the project
vicinity.
Location and signage of bicycle and pedestrian detours. Safe access for
pedestrians and bicyclists shall be maintained to the greatest extent possible
throughout the duration of construction activities.
In the event the Prado Road Bridge Replacement Project is under construction
at the same time as the US 101/Prado Road Interchange Project during any
portion of the construction schedule, at least one connection from US 101 to
the City street network shall be maintained at all times (e.g., via the Prado
Road/South Higuera intersection or Elks Lane/South Higuera intersection). The
Construction Traffic Management Plan shall include measures that identify the
necessary steps that would be taken by the construction contractor and the City
to ensure this connection is maintained.
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The plan shall also incorporate, at minimum and to the extent feasible, the
following recommendations of the Construction Traffic Analysis (CCTC 2021)
prepared for the project:
Signal timing modification and/or optimization at surrounding intersections;
Restriping at surrounding intersections to improve traffic flow; and
Installation of temporary signalization at the Higuera Street/Elks Lane
intersection prior to the closure of the Prado Road Bridge.
It is anticipated that the recommendations of the Construction Traffic Management
Plan for temporary signing, striping, and signalization of the South Higuera
intersection, and other construction traffic control measures would be incorporated
into the project Plan, Specification, and Estimate (PS&E) and developed in the
context of the City Municipal Code Construction and Fire Prevention Regulations
and the City of San Luis Obispo 2013 Construction & Fire Codes, which address
other issues such as hours of construction onsite, limitations on noise and dust
emissions, and other applicable items.
Tribal Cultural Resources
TCR-1 A qualified archaeologist and Native American monitor shall be present during all
project related construction activities that result in disturbance of native soil that
may contain tribal cultural resources. Monitoring activities shall be conducted in
accordance with a Monitoring Plan as approved by the City Community
Development Department. The plan shall include provisions such as:
1. List of personnel involved in the monitoring activities including a Native
American monitor;
2. Description of how the monitoring shall occur;
3. Description of monitoring frequency;
4. Description of circumstances that would result in the “work diversion,” in t he
case of discovery, at the project site;
5. Description of procedures for diverting work on the site and notification
procedures;
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6. Description of monitoring reporting procedures; and
7. Description of the procedures for reburial of artifacts and/or human remains
within identified areas on the project site or other suitable location.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 2023.
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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RESOLUTION NO. _____ (2023 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING USE OF CAPITAL PROJECTS
RESERVE FUND TO SUPPORT THE SAN LUIS OBISPO CREEK BANK
REPAIR PROJECT, SPECIFICATION NUMBER 1000035
WHEREAS, in June of 2021, the City Council approved the 2021-23 Financial Plan
– Capital Improvement Program, which identified San Luis Obispo Creek Stabilization
project with a total budget of $392,272 to support implementation of the project; and
WHEREAS, to provide funding to support construction work for the Project, staff is
recommending the City Council approve use of $1,500,000 from the Capital Projects
Reserve Fund; and
WHEREAS, a balance of approximately $1,918,708 million is available from the
Capital Projects Reserve Fund; and
WHEREAS, there is a concurrent Capital Reserve Fund request of $200,000 for
the North Broad Street Neighborhood Park Project, subject to Council approval.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
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SECTION 1. The City Council authorizes staff to transfer $1,500,000 from the
Capital Project Reserve Fund to the San Luis Obispo Creek Bank Repair Project,
Specification No. 1000035.
Upon motion of _______________________, seconded by
_______________________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2023.
___________________________
Mayor Erica A. Stewart
ATTEST:
__________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
__________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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ENVIRONMENTAL CHECKLIST FORM
For EID-0481-2022
1. Project Title:
San Luis Obispo Creek Bank Repair Project
2. Lead Agency Name and Address:
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
3. Contact Person and Phone Number:
Wyatt Banker-Hix, Engineer III
805-783-7859
4. Project Location:
The Project Site is located near the intersection of Johnson Avenue and Pismo Street in the City of San Luis Obispo
(City), San Luis Obispo County (County), California (Figure 1). The Project Site is located within Township 30S,
Range 12E, Section 26, Mount Diablo Meridian.
The Project Site includes an approximately 180-linear foot stretch of San Luis Obispo Creek downstream from the
Johnson Avenue Bridge. The site also includes the adjacent creek banks, portions of Johnson Avenue and Pismo
Street, and a staging and laydown area along the northwest side of Pismo Street (Figure 2). The approximately
0.35-acre Project Site includes portions of Assessor’s Parcel Numbers (APNs) 002-341-007 and 002-341-016. The
approximate center of the Project Site is located at latitude 35.281432°N and longitude 120.654748°W (WGS-84
datum). Photos of the Project Site are provided in Figure 3 and Figure 4.
5. Project Sponsor’s Name and Address:
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Cannon Corporation
Contact: John W. Evans, P.E.
1050 Southwood Drive
San Luis Obispo, California 93401
6. General Plan Designations:
Medium Density Residential (12 dwelling units/acre); Office
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7. Zoning:
Medium Density Residential (R-2) and Office (O); Public Right-of-Way
8. Description of the Project:
The Project would repair drainage control infrastructure along the banks of an approximately 180-linear foot stretch
of San Luis Obispo Creek. A segment of existing concrete slope protection (pre-1957) on the southwest bank of
San Luis Obispo Creek downstream of Johnson Avenue has failed and requires repair. In addition, vegetation
growth and sediment accumulation along the inner radius of the channel bend has shifted the lowest point of the
channel to the toe-of-slope along the damaged embankment, removing portions of the slope protection footing and
creating additional exposure to the native soil underneath. As of 2021 the City has identified that additional failures
of the underlying soils and subsequent concrete slope protection would jeopardize adjacent infrastructure (i.e.,
Pismo Street and the buried utilities underneath), downstream slope protection, trees and landscaping, and adjacent
private property. The Project work plan is provided in Figure 5.
The existing concrete slope protection system downstream of the Johnson Avenue Bridge has been in place for
over 75 years and has reached the end of its useful service life. Between 2017 and 2021 the amount of damaged
area increased substantially and nearly the entire length of the concrete footing, which was designed as part of the
slope protection, has been undermined and/or washed away. As of 2021 the existing San Luis Obispo Creek channel
contours continue to move towards the toe-of-slope and erode additional material.
In September 2022 the City identified the need for emergency infrastructure measures along the banks of the Creek
channel to prevent potential loss to adjacent infrastructure (i.e., Pismo Street and the buried utilities underneath),
downstream slope protection, trees and landscaping, and adjacent private property during the 2022-2023 winter
rain season. The emergency measures taken included removal and trimming of vegetation along the banks and
repaired drainage control infrastructure along the left or south bank of San Luis Obispo Creek. Emergency measures
also included filling the existing hole with riprap to mitigate the potential of further erosion and armoring the toe
of the slope leading to the hole with riprap.
During the rain events in December 2022 and January 2023 the emergency infrastructure measures and existing
drainage control infrastructure were further damaged resulting in minor revisions to the Description of the Project
that was included in the public review Draft IS-MND circulated between November 28, 2022 and December 28,
2022. Photos of the Project Site following the rain events in December 2022 and January 2023 are provided in
Figure 4. Revisions to the Description of the Project that was included in the public review Draft IS-MND are
shown immediately below in strikethrough for deletions and underline for additions, and do not result in any
changes to the findings of the environmental analysis in the Evaluation of Environmental Impacts section or
resulting project mitigation in the Requirement Mitigation and Monitoring Programs section of this Initial Study-
Mitigated Negative Declaration.
The Project would include the following elements:
staged construction to remove the deteriorated concrete footing and construct a new concrete footing and
soil nail wall;
removal of the remaining portions of the deteriorating concrete slab bank and installation of the soil nail
wall in its place, with soil nails installed with 4 to 6-foot on-center spacing each way, to limit the
disturbance of the existing slope and to minimize the amount of work in the creek channel;
installation of a drainage system behind the soil nail wall to intercept groundwater flowing out of the
embankment;
installation of a 25-foot long 18-to 24-inch wide concrete shade shelf adjacent to the lower pool in front
of the rock-filled hole in the deteriorating concrete slab bank;
vegetation thinning and sediment removal as necessary;
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excavation on the westerly side of the creek to remove sediment buildup and expand creek capacity and
resiliency (approximately 120 cubic yards);
addition of 6-inch high concrete weirs connected to underlying bedrock to limit bank incision, encourage
ponding, and enhance fish habitat;
trimming the lower limbs of one alder tree, and cutting four willow trees and one sycamore tree to
approximately 1 foot above existing grade, to reduce potential for future creek blockage due to fallen tree
debris;1 and
revegetation with the use of native riparian trees and shrubs, a native hydroseed mix, and jute or coconut
fiber erosion control blankets, as per the Habitat Mitigation and Monitoring Plan (HMMP) that will be
prepared and implemented for the Project.
The first construction stage would require the work area at the base of the existing wall to be de-watered by
diverting existing creek flows and dewatering the area until it is dry. Dewatering and creek diversion plans are
described in more detail below.
The second construction stage would require the excavation of the loose soils and deteriorated concrete at the base
of the existing concrete apron down to bedrock (approximately 2 to 3 feet) so a replacement footing can be added.
This work would be staggered from section to section to help support uphill soil and existing concrete slope
protection from sliding further down the slope.
The third stage would involve the drilling of soil nails, and the installation of prefabricated drainage materials,
reinforcing steel, and shotcrete. It is likely that the soil nails would be drilled with equipment staged from above
on Pismo Street and would require the pruning of several of the large trees located between the upper retaining
wall along Pismo Street and the top of the slope protection (no tree removals).
The fourth stage would be to install the concrete weir structures similar to the existing weir located at the
downstream end of the Project Site. The weirs would be embedded 1 to 2 feet into the underlying bedrock. Weirs
would be short enough (approximately 6 inches high) to allow fish passage while also increasing ponding and
enhancing fish habitat. It is anticipated that vibratory and/or impact hammers would be utilized during construction
for 4 to 5 days.
The final stage would include the vegetation trimming and cutting, excavation of the secondary channel, and re-
vegetation. Creek shading would be temporarily reduced with the cutting of some trees. Re-vegetation and
restoration of the Project Site would replace any removed creek shading with new tree canopies that use native
species that are relatively fast growing.
Timing
The Project would be constructed as a single project within an approximately five-month period. The current
expected construction duration requiring the creek flow diversion is 60 calendar days. Standard resource agency
permit requirements typically restrict work during the rainy season; therefore, construction is proposed to occur
between June 1 and October 15 within the creek banks unless a modified timeline is approved by the resource
agencies. Work outside of the creek banks may start earlier or finish later than the permit-restricted periods.
Restoration monitoring would occur for approximately 3 to 5 years after construction, depending upon revegetation
success and permit requirements.
1 Five oak trees that were present when the baseline for the environmental process was established have been removed from the Project
area during winter 2022 under an emergency permit. This analysis anticipates the tree removal will require 1:1 replacement for the
removed trees. However, the removal of the five oak trees and associated replacement requirements is part of a separate environmental
regulatory process pursuant to the requirements of the emergency permit.
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Access
Access to the Project Site would be via Johnson Avenue and Pismo Street. Equipment, construction materials, and
excavated materials would be raised and lowered into the San Luis Obispo Creek channel from the Johnson Avenue
Bridge. Construction methods throughout all stages would prioritize options that keep large equipment out of the
creek corridor and equipment would be operated from the Johnson Avenue Bridge and Pismo Street to the greatest
extent feasible. Areas that cannot be reached by equipment operated from the existing bridge and adjacent streets
would need to be excavated using smaller equipment, such as bobcats and mini-excavators, which would be
lowered into the creek channel from the Johnson Avenue Bridge.
Dewatering and Flow Diversion
San Luis Obispo Creek is mostly a perennial creek. Therefore, it is anticipated that dewatering would be necessary
for project construction. As previously mentioned, the first construction stage would require the work area at the
base of the existing wall to be dewatered by diverting existing creek flows and dewatering the area until it is dry.
If/when dewatering becomes necessary, the following provides a description of the type of activities required. A
double check dam diversion with a by-pass gravity pipeline and backup pumping system would be utilized. One
24-inch diameter diversion pipe, 210 feet long, would extend from the upper check dam (inlet) to the lower check
dam (outlet). The pipe would be placed on the northwesterly side of the creek channel. The upper check dams
would extend the entire width of the channel from wall to wall under the Johnson Avenue Bridge. An additional
temporary check dam would be added just downstream of the limits of flood bench excavation within the creek
channel. There would also be a sump pump placed between the two upper check dams and connected to 200 feet
of 4-inch diameter pressure pipe, which would outlet just downstream of the lower check dam. The current expected
construction duration requiring the creek flow diversion is 60 calendar days.
The final dewatering and flow diversion plan providing more detail would be prepared subsequently during the
permitting process and will be submitted to the National Marine Fisheries Service (NMFS) and the other regulatory
agencies at least 15 days prior to the start of construction.
Equipment
Equipment, construction materials, and excavated materials would be raised and lowered from the Johnson Avenue
Bridge. It is anticipated the Project would utilize the following construction equipment:
two small rubber wheeled or rubber tracked skid steers (e.g., Bobcat, Caterpillar) for flood bench
excavation within the creek channel;
a backhoe loader (wheeled) or small excavator (tracked) with jackhammer and bucket/ grabber
attachments for removal of the existing concrete footing;
a backhoe loader (wheeled or tracked) for shuttling/transferring construction materials;
a small drill rig (tracked) with a side boom drill for installing the soil nail wall (to be used if all drilling
cannot be reached with an extended arm drill rig from Pismo Street);
a platform attachment for a backhoe loader to be used as a man-lift for shotcrete placement and core
drilling of existing slab revetment; and
a hand operated rock drill (for anchoring into bedrock) with a compressor staged on Pismo Street for
installation of new concrete weirs.
Staging
A construction staging and laydown area is planned for the northwest side of Pismo Street, from Johnson Avenue
to approximately 200 feet southwest of the Johnson Avenue intersection (depicted in Figure 2).
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CITY OF SAN LUIS OBISPO 5 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
Soil Export
Approximately 120 cubic yards of material may need to be exported during construction, as part of the excavation
of sediment buildup in the creek channel. Any exported soil would be lifted from the creek channel up to the
Johnson Avenue Bridge and subsequently hauled to a location that can legally accept the material (e.g., Cold
Canyon Landfill).
9. Project Entitlements:
The project would require City-issued permits for grading and construction.
10. Surrounding Land Uses and Settings:
The Project Site is immediately surrounded by residences to the southwest, and residential and commercial uses to
the northwest. Single family residences are to the north, south, and east, across the intersections of Johnson Avenue
and Pismo Street.
11. Have California Native American tribes traditionally and culturally affiliated with the project area
requested consultation pursuant to Public Resources Code Section 21080.3.1? If so, is there a plan for
consultation that includes, for example, the determination of significance of impacts to tribal cultural
resources, procedures regarding confidentiality, etc.?
Native American Tribes were notified about the project consistent with City and State regulations including, but
not limited to, Assembly Bill 52.
During the request for consultation window, one response was received from the Salinan Tribe of Monterey and
San Luis Obispo County on August 26th, 2022 requesting a consultation meeting to discuss concerns of
undiscovered cultural resources in the project area. The City consulted with the Tribe regarding construction
management practices and monitoring of disturbed soils during project construction. On December 2nd, 2022 the
Tribe informed the City that they are in agreement with the mitigation measures laid out in the public review Draft
IS-MND for unanticipated discoveries, and confirmed that no tribal monitoring is necessary during construction
activities. The Tribe requested to be kept informed as the project moves forward.
Pursuant to PRC §21080.3.1 (b) the request for consultation window closed on September 30th, 2022. No other
tribal agencies responded to the consultation request.
12. Other public agencies whose approval is required:
Regulatory compliance for work within San Luis Obispo Creek is expected to require permit/authorizations from
the following agencies.
U.S. Army Corps of Engineers Clean Water Act Section 404 permit for fill in waters of the U.S.
Regional Water Quality Control Board Clean Water Act Section 401 Water Quality Certification for fill
in waters of the U.S., diversion of San Luis Obispo Creek, and dewatering discharge for the lift station
and open trench construction in San Luis Obispo Creek.
California Department of Fish and Wildlife Streambed Alteration 1600 Agreement for excavation, fill,
and removal of riparian vegetation.
U.S. Fish and Wildlife Service Endangered Species Act take authorization (Biological Opinion) for
potential impacts on the California red-legged frog.
National Marine Fisheries Service Endangered Species Act take authorization (Biological Opinion) for
potential impacts on central California coast steelhead.
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CITY OF SAN LUIS OBISPO 6 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
13. Environmental review process:
Pursuant to the California Environmental Quality Act (CEQA), lead agencies are required to consult with public
agencies having jurisdiction over a proposed project and to provide the general public with an opportunity to
comment on the Draft IS-MND. The Draft IS-MND was circulated for a 30-day public review period that began on
November 28, 2022 and ended on December 28, 2022. The Notice of Availability and Intent to Adopt a Mitigated
Negative Declaration was posted in a local newspaper and sent to federal, State, and local agencies, as well as
interested parties. The Draft IS-MND was posted electronically on the City’s website, and a paper copy was
available for public review at the City of San Luis Obispo Community Development Department.
Outside of comments received from Native American Tribal representatives during the AB 52 consultation window
described in Section 11 above, the City did not receive any comment letters on the Draft IS-MND during the public
review period.
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CITY OF SAN LUIS OBISPO 7 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
Figure 1 Regional Location
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Figure 2 Project Location
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CITY OF SAN LUIS OBISPO 9 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
Figure 3 Site Photos
Photograph 1. View of the south bank of San Luis Obispo Creek where the concrete infrastructure has been undercut and
eroded by water flow (facing south, May 3, 2022).
Photograph 2. The natural bottom culvert underneath Johnson Avenue (facing northeast, May 3, 2022).
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CITY OF SAN LUIS OBISPO 10 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
Figure 4 Site Photos
Photograph 3. View of the south bank of San Luis Obispo Creek where the concrete infrastructure has been damaged by rain
events in December 2022 and January 2023 (facing south, January 26, 2023).
Photograph 4. The natural bottom culvert underneath Johnson Avenue following (facing northeast, January 26, 2023).
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CITY OF SAN LUIS OBISPO 11 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
Figure 5 Project Work Plan
Project 95% Work Plan as of December 2022. The Work Plans are currently being updated by City staff and Project engineers to reflect removal of the remaining
portions of the deteriorating concrete slab bank, installation of a 25-foot long 18-to 24-inch wide concrete shade shelf, and updated tree trimming/removal described
in Section 8, Description of the Project.
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CITY OF SAN LUIS OBISPO 12 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a
“Potentially Significant Impact” as indicated by the checklist on the following pages.
☒ Aesthetics ☐ Greenhouse Gas Emissions ☐ Public Services
☐ Agriculture and Forestry
Resources ☐ Hazards and Hazardous Materials ☐ Recreation
☐ Air Quality ☒ Hydrology and Water Quality ☐ Transportation
☒ Biological Resources ☐ Land Use and Planning ☒ Tribal Cultural Resources
☒ Cultural Resources ☐ Mineral Resources ☐ Utilities and Service Systems
☐ Energy ☒ Noise ☐ Wildfire
☒ Geology and Soils ☐ Population and Housing ☒ Mandatory Findings of
Significance
FISH AND WILDLIFE FEES
☐
The California Department of Fish and Wildlife has reviewed the CEQA document and written no effect
determination request and has determined that the project will not have a potential effect on fish, wildlife, or
habitat (see attached determination).
☒
The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish and
Game fees pursuant to Section 711.4 of the California Fish and Game Code. This initial study has been
circulated to the California Department of Fish and Wildlife for review and comment.
STATE CLEARINGHOUSE
☒
This environmental document must be submitted to the State Clearinghouse for review by one or more State
agencies (e.g. Cal Trans, California Department of Fish and Wildlife, Department of Housing and Community
Development). The public review period shall not be less than 30 days (CEQA Guidelines 15073(a)).
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CITY OF SAN LUIS OBISPO 13 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
DETERMINATION (To be completed by the Lead Agency):
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared. ☐
I find that although the proposed project could have a significant effect on the environment, there will not be a
significant effect in this case because revisions in the project have been made, by or agreed to by the project
proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
☒
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required. ☐
I find that the proposed project MAY have a “potentially significant” impact(s) or “potentially significant unless
mitigated” impact(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the
earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it
must analyze only the effects that remain to be addressed
☐
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier
EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the
proposed project, nothing further is required.
☐
January 30, 2023
Signature Date
Shawna Scott
For: Michael Codron,
Printed Name Community Development Director
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CITY OF SAN LUIS OBISPO 14 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
EVALUATION OF ENVIRONMENTAL IMPACTS
1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the
information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is
adequately supported if the referenced information sources show that the impact simply does not apply to projects like
the one involved (e.g. the project falls outside a fault rupture zone). A “No Impact” answer should be explained where
it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors
to pollutants, based on a project-specific screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well
as project-level, indirect as well as direct, and construction as well as operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must
indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant.
"Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there
are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.
4. “Negative Declaration: Less Than Significant with Mitigation Incorporated” applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact."
The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than
significant level (mitigation measures from Section 19, "Earlier Analysis," as described in (5) below, may be cross-
referenced).
5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been
adequately analyzed in an earlier EIR or negative declaration (Section 15063 (c) (3) (D)). In this case, a brief
discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and
adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects
were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe
the mitigation measures which were incorporated or refined from the earlier document and the extent to which
they addressed site-specific conditions for the project.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts
(e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where
appropriate, include a reference to the page or pages where the statement is substantiated.
7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted
should be cited in the discussion.
8. The explanation of each issue should identify:
d) the significance criteria or threshold, if any, used to evaluate each question; and
e) the mitigation measure identified, if any, to reduce the impact to less than significance
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CITY OF SAN LUIS OBISPO 15 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
1. AESTHETICS
Except as provided in Public Resources Code Section 21099,
would the project:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a scenic vista? 25 ☐ ☐ ☐ ☒
b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, open space, and historic
buildings within a local or state scenic highway?
9 ☐ ☐ ☒ ☐
c) In non-urbanized areas, substantially degrade the existing visual
character or quality of public views of the site and its
surroundings? (Public views are those that are experienced from
publicly accessible vantage point). If the project is in an
urbanized area, would the project conflict with applicable
zoning and other regulations governing scenic quality?
13, 14 ☐ ☐ ☒ ☐
d) Create a new source of substantial light or glare which would
adversely affect day or nighttime views in the area? 14 ☐ ☒ ☐ ☐
Evaluation
The Project Site is located at San Luis Obispo Creek, within the Johnson Avenue residential neighborhoods. This area contains
smaller lots from the mid-20th century, mature street trees, and occasional long-distance views of nearby hills (City of San Luis
Obispo 2014a). The Project Site is surrounded by one-story residential uses, Johnson Avenue and Pismo Street to the east and
south, and a commercial shopping center approximately 110 feet northwest. The nearest officially designated State Scenic
Highway, State Route 1, is approximately 0.63-mile northwest of the Project Site and there is no line of sight between State
Route 1 and the Project Site. United States Route 101 (U.S. 101), an Eligible Scenic Highway approximately 0.57-mile northwest
of the Project Site, is also not visible from the Project Site (Caltrans 2018). The City identifies the portion Johnson Avenue that
intersects the Project Site as having moderate scenic value (City of San Luis Obispo 2014a).
a) The Project Site is not located in an area with an identified scenic vista. The City designates the intersection of Johnson
Avenue and Bishop Street as a scenic vista, approximately 0.68-mile southeast of the Project Site, due to the ability to
view the surrounding foothills to the northeast of the scenic vista (City of San Luis Obispo 2014a). The Project Site is
not visible from or located within the viewshed of the Johnson Avenue and Bishop Street scenic vista or any other
designated scenic vista. Therefore, the Project would not have a substantial adverse effect on a scenic vista, and no
impact would occur.
b) Riparian vegetation and surrounding development block views of the Project Site from State Route 1 and U.S. 101,
which are Officially Designated and Eligible Scenic Highways, respectively. Although a portion of Johnson Avenue is
identified as having moderate scenic value, temporary construction would not have a substantial adverse effect on
riparian vegetation along the banks of the San Luis Obispo Creek as viewed from Johnson Avenue. The proposed repairs
to drainage control infrastructure along the banks of San Luis Obispo Creek would reduce the likelihood of structural
failure which could damage existing trees along the banks of the creek that serve as scenic resources. Construction
would be temporary, lasting approximately five months, and all equipment would be staged at the northwest side of
Pismo Street, which would minimize obstruction of trees from Johnson Avenue. The Project would not have a
substantial adverse effect on any scenic resources, including, but not limited to, trees, rock outcroppings, open space,
and historic buildings within a local or state scenic highway. Therefore, this impact would be less than significant.
c) The Project Site includes a portion of the San Luis Obispo Creek corridor and is surrounded by existing urban
development. The Project Site is zoned Office (O) and Medium Density Residential (R-2) (City of San Luis Obispo
2022a). The City of San Luis Obispo Municipal Code (Municipal Code) does not regulate visual character within these
zoning designations (City of San Luis Obispo 2022b). In addition, based on the location and nature of the Project, the
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CITY OF SAN LUIS OBISPO 16 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
Project would not conflict with the City’s Conservation and Open Space Element Policy 9.2.1 which prohibits
development projects from obstructing views that can be seen from scenic roadways (City of San Luis Obispo 2014b).
Construction of the Project would involve temporary staging on the northwest side of Pismo Street, which is visible
from the intersection of Johnson Avenue and Pismo Street. Although temporary staging areas and construction activities
within the San Luis Obispo Creek corridor could affect existing visual character, equipment usage, staging, and site
access would be temporary. Upon completion, all materials and equipment would be removed from the Project Site.
The Project would not introduce new permanent features that have the potential to substantially degrade the existing
visual character or quality of the site, as Project components consist of replacement structures for existing components
that have structurally failed. One alder tree within the San Luis Obispo Creek corridor would be pruned, and one
sycamore tree and four willow trees would be cut which could degrade existing visual character of the Project Site. In
addition, five oak trees that were present when the baseline for the environmental process was established have been
removed from the Project area during winter 2022 under an emergency permit. This analysis anticipates the tree removal
will require 1:1 replacement for the removed trees pursuant to the requirements of the emergency permit. However,
pursuant to Municipal Code Section 12.24.150, the trimming, pruning, and cutting of trees would occur in accordance
with all Society of Arboriculture standards, and in no case would more than one-third of the tree canopy be removed
(City of San Luis Obispo 2022b). Adherence to Municipal Code regulations would ensure pruning would not
substantially alter the aesthetic quality of riparian trees. The Project would not conflict with applicable zoning and other
regulations governing scenic quality or substantially degrade existing visual character or quality. Therefore, this impact
would be less than significant.
d) Project components would be located within the San Luis Obispo Creek corridor. Pursuant to Municipal Code Section
9.12.050, construction work would generally be limited to daytime hours between 7:00 a.m. and 7:00 p.m. unless
discretionary approval for nighttime work is granted by the City’s Community Development Department. Daytime work
would not require the use of temporary flood lights or other light/glare generating sources during the day (City of San
Luis Obispo 2022b). Nighttime work, if necessary, would be carried out in accordance with lighting provisions set forth
by the City’s Community Development Department. In the event nightwork is necessary, the project shall comply with
identified mitigation requiring that any portable lighting shall be shielded and/or directed away from adjacent properties
As a result, no substantial temporary sources of light or glare would be introduced to the Project Site or surrounding
vicinity during construction. Once construction activities are completed, there would be no long-term sources of light
or glare or new materials which have the potential to emit light or glare. The Project would not create a new source of
substantial light or glare which would adversely affect day or nighttime views in the area. Therefore, this impact would
be less than significant with mitigation.
Mitigation Measures
AES-1 Nighttime Work Requirements. In the event nighttime work is necessary during the Project construction phase, any
portable lighting shall be shielded and/or directed away from adjacent properties.
Conclusion
No significant impacts to scenic vistas, scenic resources, or scenic highways would occur. With implementation of Mitigation
Measure AES-1, the Project would not generate new sources of permanent light or glare.
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2. AGRICULTURE AND FORESTRY RESOURCES
In determining whether impacts to agricultural resources are
significant environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment Model
(1997) prepared by the California Dept. of Conservation as an
optional model to use in assessing impacts on agriculture and
farmland. In determining whether impacts to forest resources,
including timberland, are significant environmental effects, lead
agencies may refer to information compiled by the California
Department of Forestry and Fire Protection regarding the state’s
inventory of forest land, including the Forest and Range Assessment
Project and the Forest Legacy Assessment project; and forest carbon
measurement methodology provided in Forest Protocols adopted by
the California Air Resources Board. Would the project: Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency, to non-
agricultural use?
3 ☐ ☐ ☐ ☒
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract? 3 ☐ ☐ ☐ ☒
c) Conflict with existing zoning for, or cause rezoning of, forest
land (as defined in Public Resources Code section 12220(g)),
timberland (as defined by Public Resources Code section 4526),
or timberland zoned Timberland Production (as defined by
Government Code section 51104(g))?
3 ☐ ☐ ☐ ☒
d) Result in the loss of forest land or conversion of forest land to
non-forest use? 3 ☐ ☐ ☐ ☒
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?
3 ☐ ☐ ☐ ☒
Evaluation
The California Department of Conservation’s (DOC) Farmland Mapping and Monitoring Program identifies the Project Site as
Urban and Built-Up Land, which is defined as land that is occupied by structures with a building density of at least one unit to
1.5 acres (DOC 2018). The Project Site is zoned Office (O) and Medium Density Residential (R-2). The Project Site is not
located within or adjacent to active agricultural uses, land zoned for agriculture, or classified forest land (City of San Luis Obispo
2014a).
a;b) The Project Site does not contain land designated as Prime Farmland, Unique Farmland, or Farmland of Statewide
Importance as mapped by the DOC (DOC 2018). As such, there is no potential for the Project to convert such lands to non-
agricultural uses. The Project Site is not currently zoned for agriculture or held under Williamson Act or any other land
conservation contract, nor is it located adjacent to property that is zoned for agriculture or under active agricultural use.
The Project would not convert Farmland or conflict with existing zoning for agricultural use or a Williamson Act contract.
Therefore, no impact would occur.
c;d) The Project Site does not contain land that is in current timberland production, including any lands designated as forest
land or timberland. Therefore, the Project would not conflict with existing zoning for forest land, timberland, or timberland
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CITY OF SAN LUIS OBISPO 18 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
zoned Timberland Production, or result in the loss of forest land or conversion of forest land to non-forest use. No impact
would occur.
e) The Project Site does not contain any agricultural land, forest land, or timberland. The Project would not result in the
conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use. No impact would occur.
Mitigation Measures
No mitigation measures are required.
Conclusion
The Project Site does not contain any agricultural land, forest land, or timberland, and no mitigation would be required.
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3. AIR QUALITY
Where available, the significance criteria established by the
applicable air quality management district or air pollution control
district may be relied upon to make the following determinations.
Would the project: Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Conflict with or obstruct implementation of the applicable air
quality plan? 44 ☐ ☐ ☒ ☐
b) Result in a cumulatively considerable net increase of any criteria
pollutant for which the project region is non-attainment under
an applicable federal or state ambient air quality standard?
42 ☐ ☒ ☐ ☐
c) Expose sensitive receptors to substantial pollutant
concentrations? 42 ☐ ☒ ☐ ☐
d) Result in other emissions (such as those leading to odors)
adversely affecting a substantial number of people? 38 ☐ ☒ ☐ ☐
Evaluation
The Project Site is located in the South Central Coast Air Basin (Basin), which covers San Luis Obispo, Santa Barbara, and
Ventura counties (California Air Resources Board [CARB] 2014). The San Luis Obispo Air Pollution Control District
(SLOAPCD) monitors and regulates the local air quality in San Luis Obispo County and enforces the Air Quality Management
Plan (AQMP). SLOAPCD is required to monitor air pollutant levels to ensure that National Ambient Air Quality Standards
(NAAQS) and California Ambient Air Quality Standards (CAAQS) are met and, if they are not met, to develop strategies to
meet the standards.
Depending on whether the standards are met or exceeded, the Basin is classified as being in “attainment” or “nonattainment” for
air quality. SLOAPCD releases an Annual Air Quality Report that describes NAAQS and CAAQS attainment statuses for the
Basin. The Basin is in nonattainment for the federal standards for precursors to ozone (reactive organic gasses (ROG) and nitrous
oxide (NOX), and the State standards for ozone and particulate matter 10 microns or less in diameter (PM10) (SLOAPCD 2022a).
The Basin is designated in attainment for all other federal and State standards. The Project Site is located in the northern portion
of the Basin, which has moderate variability in temperature, tempered by coastal processes. Air quality in the Basin is influenced
by a wide range of emissions sources, such as dense population centers, heavy vehicular traffic, industry, and weather.
Under State law, SLOAPCD is required to prepare a plan for air quality improvement for pollutants for which its jurisdiction is
in nonattainment. Because the Basin is currently designated nonattainment for federal and State standards for ozone precursors,
and State standards for PM10, SLOAPCD is required to implement strategies that would reduce pollutant levels to recognized
acceptable standards. SLOAPCD adopted the Clean Air Plan in 2001 which evaluates long-term emissions and establishes
programs to reach acceptable air quality levels (SLOAPCD 2001). SLOAPCD has also adopted the Particulate Matter Report to
identify strategies to reduce public exposure to particulate matter, and the Ozone Emergency Episode Plan which provides the
basis for taking action when ambient ozone concentrations reach a level that poses a threat to public health in the County
(SLOAPCD 2005; SLOAPCD 2020a).
SLOAPCD provides numerical thresholds to analyze the significance of a project’s construction and operational emissions
impacts on regional air quality. These thresholds, listed in Table 1, are designed such that a project with estimated emissions that
do not exceed the thresholds would not have an individually or cumulatively significant impact to the Basin’s air quality.
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Table 1: SLOAPCD Air Quality Significance Thresholds
Maximum Daily Thresholds
Pollutant
Construction
(pounds/day)
Operation
(pounds/day)
Reactive Organic Gases (ROG) +
Nitrous Oxide (NOx) (combined)
137 25
Diesel Particulate Matter (DPM2.5) 7 1.25
Fugitive Particulate Matter (PM10) – 25
Source: SLOAPCD 2022b
Sensitive receptors typically include residences, schools, healthcare facilities, and other live-in housing facilities such as prisons
or dormitories. The closest sensitive receptors to the Project Site are residential properties located approximately 12 feet
southwest from the Project Site’s eastern boundary and 20 feet north of the Project’s northern boundary.
a) A project may be inconsistent with the Clean Air Plan if it would generate population growth exceeding the forecasts used
in development of the Clean Air Plan, generate an increase in vehicle trips and miles traveled beyond the rate of population
growth, or would not include applicable land use and transportation control measures from the Clean Air Plan to the extent
feasible (SLOAPCD 2001). The Project does not include the development of new housing or businesses, and long-term
maintenance of the Project would not require new personnel or additional vehicle trips to the Project Site. Furthermore, the
Project would be required to comply with applicable measures from the Clean Air Plan, such as only using construction
vehicles that are consistent with emissions limits for gasoline and diesel-powered vehicles set by the United States
Environmental Protection Agency (U.S. EPA). Therefore, the Project would not conflict with or obstruct implementation of
the applicable air quality plan, and this impact would be less than significant.
b) The Project would not generate criteria pollutant emissions associated with long-term operations and maintenance because
it would not require new personnel or additional vehicle trips to the Project Site beyond existing conditions, and no Project
component would result in the generation of criteria air pollutant emissions. Therefore, no operational air quality impact
would occur.
The Project would involve temporary construction activities that would result in short-term criteria pollutant emissions.
Project construction would generate temporary emissions associated with fugitive dust and exhaust emissions from heavy
vehicles and worker vehicles. SLOAPCD utilizes screening emissions rates for construction operations, based on the volume
of soil moved and the area disturbed (SLOAPCD 2012). These values can be used to calculate a project’s construction-
related air quality impacts. The screening criteria are shown in Table 2 below.
Table 2: SLOAPCD Screening Emissions Rates for Construction
Pollutant
Grams/Cubic Yard of
Material Moved
Pounds/Cubic Yard of
Material Moved
DPM2.5 2.2 0.0049
ROG 9.2 0.0203
NOx 42.4 0.0935
PM10 0.75 tons/acre/month of construction activity (assuming
22 days of operation per month)
Source: SLOAPCD 2012
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Project activities would disturb approximately 120 cubic yards of soil. Based on the rates presented in Table 2, disturbance
from Project would result in the following criteria pollutant emissions during project construction:
Table 3: Short-Term Criteria Pollutant Emissions
Pollutant
Project Emissions
(total)
SLOAPCD Screening
Levels
Exceeds
Threshold?
ROG + NOx 14 lbs 137 lbs/day No
DPM 0.6 lbs 7 lbs/day No
PM10 0.3 tons/per acre/per month – No
ROG and NOx combined - 120 x 0.1138 = 13.656 total lbs
Diesel Particulate Matter – 120 x 0.0049 = 0.588 total lbs
PM10 – 0.75 tons x 0.35 acres = -.2625 tons/acre/per month
Source: SLOAPCD 2012
The estimated Project construction emissions would not exceed SLOAPCD air quality significance thresholds for ROG,
NOX, DPM, or PM10 shown in Table 1.
In addition to the criteria pollutant emissions shown in Table 3, Project activities could generate fugitive dust which has the
potential to exceed the SLOAPCD 20 percent opacity limit for fugitive dust. To minimize fugitive dust and associated
nuisance impacts, the project would be required to implement SLOAPCD dust and emissions reduction measures in
compliance with SLOAPCD Rule 401 and 402, which are described in Mitigation Measure AQ-1. The Project would be
required to implement standard SLOAPCD requirements which would minimize temporary construction emissions.
Therefore, with Implementation of Mitigation Measure AQ-1 would ensure the Project would adhere to the requirements set
forth by SLOAPCD to minimize temporary construction emissions. As a result, the Project would not result in a cumulatively
considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable
federal or state ambient air quality standard. Therefore, this impact would be less than significant with required mitigation
incorporated.
c) The closest sensitive receptors to the Project Site are residential properties located immediately to the north and west.
Construction activities such as excavation and vegetation removal would result in temporary construction emissions and
fugitive dust that may affect nearby sensitive receptors. As described under criterion (b), the Project would be required to
implement Mitigation Measure AQ-1 which describes standard SLOAPCD fugitive dust control measures to enforce Rules
401 and 402, which would reduce sensitive receptor exposure to fugitive dust. The use and idling of construction vehicles
could result in temporary criteria pollutant emissions, which would be a potentially significant impact. Mitigation Measure
AQ-2 would implement standard SLOAPCD equipment idling restrictions near sensitive receptors pursuant to California
Code of Regulations Title 13, Section 2485. Implementation of Mitigation Measure AQ-2 would reduce exposure of
sensitive receptors to adverse construction vehicle emissions.
Naturally occurring asbestos (NOA) has been identified by CARB as a toxic air contaminant. Serpentinite and ultramafic
rocks are common throughout San Luis Obispo and may contain naturally occurring asbestos (SLOAPCD 2012). Under
CARB’s Air Toxic Control Measures (ATCM) related to construction and grading, a geologic evaluation is required to
determine of NOA is present prior to any grading activities at the Project Site. If NOA is found at the site, requirements
outlined in CARB’s ATCM would be enforced. Mitigation Measures AQ-3 and AQ-4 would require Project Site disturbance
activities in full compliance with applicable federal, State, and local regulations associated with NOA, minimizing the
chance of sensitive receptor exposure to NOA.
With implementation of Mitigation Measures AQ-2 through AQ-4, sensitive receptors would not be exposed to substantial
pollutant concentrations. This impact would be less than significant with required mitigation incorporated.
d) The Project would not involve operation of any land uses listed by SLOAPCD as facilities and operations that may generate
significant odors, such as asphalt batch plants, oil fields, sanitary landfills, or wastewater treatment plants (SLOAPCD
2022b).
Project construction activities would generate temporary odors associated with diesel exhaust emitted by operation of diesel-
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CITY OF SAN LUIS OBISPO 22 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
powered construction equipment. However, these odors would be localized to the area immediately surrounding the on-site
activity and restricted to the duration of equipment use, which would be temporary and infrequent in nature. Since the project
is within 1,000 feet of identified sensitive receptors (approximately 12 feet southwest from the Project Site’s eastern
boundary and 20 feet north of the Project’s northern boundary), contractors would be required to comply with the provisions
of Mitigation Measure AQ-2, which limits diesel-fueled commercial motor vehicles and off-road diesel vehicles from idling
for more than five minutes, thereby reducing exposure of people to diesel odors. Consequently, with implementation of
Mitigation Measure AQ-2, the Project would not result in other emissions, such as those leading to odors, adversely affecting
a substantial number of people. This impact would be less than significant with mitigation incorporated.
Mitigation Measures
AQ-1 Fugitive Dust Reduction. Throughout the construction phase of the project, the project proponent/contractor shall
implement the following fugitive dust reduction measures to minimize impacts to sensitive receptors. These fugitive
dust reduction measures shall be shown on grading plans:
Reduce the amount of the disturbed area where possible;
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. When drought conditions exist and water use is a concern, the contractor or
builder should consider use of a dust suppressant that is effective for the specific site conditions to reduce the
amount of water used for dust control;
All dirt stockpile areas should be sprayed daily and covered with tarps or other dust barriers as needed;
All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible, and building pads
should be laid as soon as possible after grading unless seeding, soil binders or other dust controls are used;
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) or otherwise comply with California
Vehicle Code (CVC) Section 23114;
“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 CVC Section 23113
and California Water Code 13304. 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 track-out prevention device may need to be modified;
All fugitive dust mitigation measures shall be shown on grading plans;
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 the Compliance Division at 805- 781-5912).
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;
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;
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;
Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site;
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CITY OF SAN LUIS OBISPO 23 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers
shall be used with reclaimed water where feasible. Roads shall be pre-wetted prior to sweeping when feasible;
Take additional measures as needed to ensure dust from the Project Site is not impacting areas outside the project
boundary
AQ-2 Equipment Idling Restrictions. Throughout the construction phase of the project, the project proponent/contractor shall
implement the following idling restrictions to minimize impacts to sensitive receptors. These idling restrictions shall be
shown on grading and construction plans:
a. Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road Equipment
1. Staging and queuing areas shall be located at the greatest distance feasible from sensitive receptor locations;
2. Diesel idling while equipment is not in use is not permitted;
3. Use of alternative-fueled equipment is recommended whenever possible; and
4. Signs that specify the no-idling requirements shall be posted and enforced at the construction site.
b. Idling Restrictions for On-Road Vehicles. Section 2485 of California Code of Regulations Title 13 limits diesel-
fueled commercial motor vehicles that operate in the State of California with gross vehicular weight ratings of
greater 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 while vehicle is not in use, except as noted in Subsection (d)
of the regulations; and
2. Shall not operate a diesel-fueled auxiliary power system (APS) to power a heated, 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.
c. Idling Restrictions for Off-Road Equipment. Off-road diesel equipment shall comply with the no-idling
requirement. Signs shall be posted at the construction site to remind off-road equipment operators of the no-idling
requirement.
AQ-3 Naturally Occurring Asbestos Evaluation. Prior to initiation of ground-disturbing activities, the applicant shall retain a
registered geologist to conduct a geologic evaluation of the property, including sampling and testing for naturally
occurring asbestos in full compliance with SLOAPCD requirements and the CARB ATCM for Construction, Grading,
Quarrying, and Surface Mining Operations (17 California Code of Regulations 93105). This geologic evaluation shall
be submitted to the City Community Development Department upon completion. If the geologic evaluation determines
that the project would not have the potential to disturb asbestos containing materials, the applicant must file an Asbestos
ATCM exemption request with the SLOAPCD.
AQ-4 Minimization of Asbestos-Related Impacts. If asbestos containing materials are present on-site, proposed earthwork,
demolition, and construction activities shall be conducted in full compliance with the various regulatory jurisdictions
regarding asbestos containing materials, including the CARB ATCM for Construction, Grading, Quarrying, and Surface
Mining Operations (17 California Code of Regulations 93105) and requirements stipulated in the National Emission
Standard for Hazardous Air Pollutants (NESHAP; 40 Code of Federal Regulations Section 61, Subpart M – Asbestos).
These requirements include, but are not limited to, the following:
Written notification, within at least 10 business days of activities commencing, to the SLOAPCD;
Preparation of an asbestos survey conducted by a Certified Asbestos Consultant; and
Implementation of applicable removal and disposal protocol and requirements for identified ACM.
Conclusion
With implementation of Mitigation Measures AQ-1 through AQ-4, Project impacts to air quality would be reduced to a less-
than-significant level.
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CITY OF SAN LUIS OBISPO 24 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
4. BIOLOGICAL RESOURCES
Would the project:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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 Game or U.S. Fish and Wildlife Service?
52, 53,
54, 56 ☐ ☒ ☐ ☐
b) Have a substantial adverse effect on any riparian habitat or other
sensitive natural community identified in local or regional plans,
policies, regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
52, 53,
54, ☐ ☒ ☐ ☐
c) Have a substantial adverse effect on state or federally protected
wetlands (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
59, 66 ☐ ☐ ☒ ☐
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?
52, 53,
54, 67 ☐ ☒ ☐ ☐
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
65, 66 ☐ ☐ ☒ ☐
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?
64, 65,
66 ☐ ☐ ☐ ☒
Evaluation
Regulatory authority over biological resources is shared by federal, State, and local authorities under a variety of statutes and
guidelines. The California Department of Fish and Wildlife (CDFW) is a trustee agency for biological resources throughout the
State under CEQA and also has direct jurisdiction under the California Fish and Game Code (CFGC). Under the California and
federal Endangered Species Acts (CESA/ESA), the CDFW and the United States Fish and Wildlife Service (USFWS) also have
direct regulatory authority over species formally listed as threatened or endangered and species protected by the Migratory Bird
Treaty Act (MBTA). The United States Army Corp of Engineers (USACE) asserts jurisdiction under Section 404 of the Clean
Water Act (CWA) over stream, lake, and wetland features with a surface connection to navigable waters of the United States.
The Regional Water Quality Control Board (RWQCB) also has jurisdiction over waters of the U.S. and waters of the State under
Section 401 of the CWA and the Porter-Cologne Water Quality Control Act.
Rincon Consultants, Inc. (Rincon) prepared a Biological Resources Assessment (BRA) in June 2022. The BRA is included as
Attachment A. The BRA documents existing site conditions based on literature review and a field reconnaissance survey, and
evaluation for the potential presence of special-status biological resources, including plant and wildlife species, plant
communities, jurisdictional waters and wetlands, and habitat for nesting birds. The study area for the BRA included a 50-foot
buffer surrounding the Project Site, which includes approximately 180-linear-foot reach of the San Luis Obispo Creek
downstream from the Johnson Avenue bridge, the adjacent creek banks, portions of Johnson Avenue and Pismo Street, and the
staging area along the northwest side of Pismo Street.
a) Special-Status Plant Species. Two special-status plant species have a low potential to occur within the Project Site. These
species are listed in Table 4 below.
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CITY OF SAN LUIS OBISPO 25 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
Table 4: Special-status Plant Species with Potential to Occur in the Project Site
Scientific Name Common Name Status Potential to Occur
Arenaria paludicola marsh sandwort FE/SE/CRPR 1B.1 Low Potential
Sanicula maritima adobe sanicle SR/CRPR/1B.1 Low Potential
FE = Federally Endangered; SE = State Endangered; SR = State Rare; CRPR = California Rare Plant Rank
1B = Rare, Threatened, or Endangered in California and elsewhere
.1 = Seriously endangered in California (more than 80 percent of occurrences threatened/high degree and
immediacy of threat)
Source: Biological Resources Assessment, Rincon Consultants, June 2022 (Attachment A)
Marginally suitable habitat for the marsh sandwort occurs along the sandy margins of the San Luis Obispo Creek within the
Project Site. Marginally suitable habitat for the adobe sanicle occurs along the banks of the San Luis Obispo Creek. Although
these special-status plant species have a low potential to occur within the Project Site, if these plants are present at the Project
Site during the commencement of Project activities, the Project has the potential to result in direct and indirect impacts to
these plant species, by means of the removal of the individual plant itself or removal of suitable habitat for the species. The
potential to impact special-status plant species, directly and indirectly, is a potentially significant impact.
Mitigation Measures BIO-1 through BIO-5 require worker environmental awareness training, mandatory Project Site
delineation to protect sensitive resources, standard procedures for invasive species management, preconstruction surveys to
identify the presence, if any, of special-status plant species within the Project Site, and compensatory mitigation and
performance standards if a special-status plant species is identified and cannot be avoided. Implementation of Mitigation
Measures BIO-1 through BIO-5 would reduce potential impacts to special-status plant species to a less-than-significant
level.
Special-Status Animal Species. Thirteen special-status wildlife species have varying potential to occur within the Project
Site. These species are listed in Table 5 below.
Table 5: Special-status Wildlife Species with Potential to Occur within the Project Site
Scientific Name Common Name Status Potential to Occur
Invertebrates
Danaus plexippus pop.1 Monarch butterfly FC High Potential
Fish
Entosphenus tridentatus Pacific lamprey SSC Present
Oncorhynchus mykiss
irideus
South-central California coast
DPS steelhead
FT Present
Amphibians
Batrachoseps minor Lesser slender salamander SSC Low Potential
Rana draytonii California red-legged frog FT/SSC High Potential
Taricha torosa Coast range newt SSC High Potential
Reptiles
Actinemys pallida southwestern pond turtle SSC Moderate Potential
Birds
Accipiter cooperii Cooper’s hawk WL High Potential
Elanus leucurus white-tailed kite FP Moderate Potential
Falco columbarius merlin WL Low Potential
Setophaga petechia yellow warbler SSC High Potential
Mammals
Antrozous pallidus pallid bat SSC Low Potential
Corynorhinus townsendii Townsend’s big-eared bat SSC Low Potential
FT = Federally Threatened; FC = Federal Candidate; SE = State Endangered; SSC = CDFW Species of Special
Concern; FP = State Fully Protected; WL = CDFW Watch List
Source: Biological Resources Assessment, Rincon Consultants, June 2022 (Attachment A)
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CITY OF SAN LUIS OBISPO 26 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
Although the pallid bat and Townsend’s big-eared bat are special-status wildlife species listed with a potential to occur
within the Project Site, these species are not State or federally listed, and have a low potential to occur on site (Attachment
A). Nonetheless, Mitigation Measures BIO-1 and BIO-11 require worker environmental awareness training, pre-
construction surveys which would include nesting birds and bats, and on-site biological monitoring of construction activities
that may impact sensitive biological resources. Implementation of Mitigation Measures BIO-1 and BIO-11 would ensure
potential impacts to special-status animal species including pallid bat and Townsend’s big-eared bat would be less than
significant with mitigation.
Monarch Butterfly
The Project Site does not contain suitable roosting or overwintering habitat for the monarch butterfly. However, a small
stand of blue gum eucalyptus trees along the southern bank of San Luis Obispo Creek approximately 50 feet west of the
Project Site could provide suitable habitat for monarchs to roost in these trees. As such, monarch butterflies have a high
potential to move through the Project Site. If monarch butterflies are present within the Project Site during construction
activities, direct impacts could occur including the injury or mortality of individuals. As such, impacts to monarch butterflies
would be potentially significant.
Mitigation Measures BIO-1 and BIO-11 require worker environmental awareness training and on-site biological monitoring
during Project activities. Based on implementation of these measures, potential impacts would be less than significant with
mitigation.
Pacific Lamprey
A 2018 assessment conducted by the USFWS concluded Pacific lamprey were present within the San Luis Obispo Creek.
Although no habitat known to contain larvae is present within the Project Site, the confirmed presence of Pacific lamprey
within the San Luis Obispo Creek strengthens the possibility individuals could be present within the Project Site during
construction activities, which have the potential to directly or indirectly result in injury or mortality to individuals due to
equipment use, streambed disturbance, vegetation disturbance, and changes to water quality. In addition, dewatering could
result in the temporary loss of aquatic habitat and invertebrate food sources for the Pacific lamprey. As such, impacts to the
Pacific lamprey would be potentially significant.
Mitigation Measures BIO-1, BIO-2, BIO-3, BIO-4, BIO-6, BIO-11, and BIO-12 require worker environmental awareness
training, Project Site delineation to protect sensitive resources, implementation of best management practices (BMPs) to
protect water quality, standard procedures for invasive species management, avoidance and minimization measures for the
Pacific lamprey, on-site biological monitoring during Project activities, and implementation of a HMMP. Based on
implementation of these measures, potential impacts would be less than significant with mitigation.
South-Central California Coast Steelhead DPS
Critical habitat for South-Central California Coast Steelhead DPS (steelhead) exists within the San Luis Obispo Creek, and
deep pools in the creek are known to support steelhead. If steelhead are present within the Project Site during dewatering or
construction, activities including equipment use, noise generated by vibratory hammers (i.e., jackhammer), and temporary
loss of aquatic habitat and invertebrate food sources could directly impact steelhead. Other potential impacts, such as the
disturbance of the streambed, changes to water quality, disturbance of streamside vegetation, and removal of existing cement
structures could result in indirect impacts to steelhead. Therefore, impacts to steelhead would be potentially significant.
Mitigation Measures BIO-1, BIO-2, BIO-3, BIO-4, BIO-7, BIO-11, and BIO-12 require worker environmental awareness
training, Project Site delineation to protect sensitive resources, implementation of BMPs to protect water quality, procedures
for invasive species management, avoidance and minimization measures for steelhead, on-site biological monitoring during
Project activities, and implementation of a HMMP. Based on implementation of these measures, potential impacts would be
less than significant with mitigation.
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California Red-legged Frog
The Project Site falls within federally designated critical habitat for California red-legged frog (Attachment A). The Project
Site contains suitable riparian habitat and undercut banks preferred by the species, as well as permanent water resources that
can be used for larval development. California red-legged frog is known to occur in San Luis Obispo Creek, including
sixteen documented occurrences within five miles noted by CDFW’s California Natural Diversity Database (CNDDB)
(Attachment A). Therefore, California red-legged frog has a high potential to occur within the Project Site. Construction
activities could result in the injury or mortality of individuals, as well as disruption of foraging, migration, or breeding
habitat, which is a potentially significant impact.
Mitigation Measures BIO-1, BIO-2, BIO-3, BIO-4, BIO-8, BIO-11, and BIO-12 require worker environmental awareness
training, Project Site delineation to protect sensitive resources, implementation of BMPs to protect water quality, procedures
for invasive species management, avoidance and minimization measures for the California red-legged frog, on-site
biological monitoring during Project activities, and implementation of a HMMP. Based on implementation of these
measures, potential impacts would be less than significant with mitigation.
Coast Range Newt and Lesser Slender Salamander
The Project site contains slow-moving water within San Luis Obispo Creek that provides suitable breeding habitat and
terrestrial habitat for the coast range newt. There are four occurrences of the species documented in the CNDDB within five
miles of the Project Site (Attachment A). As such, the coast range newt has a high potential to occur within the Project Site
(Attachment A). The lesser slender salamander has a low potential to be present at the Project Site. However, if present,
construction activities such as excavation and vegetation removal could result in direct and indirect impacts to these species
from potential injury, mortality, construction-related noise, and general disturbance. Therefore, Project impacts to these
species would be potentially significant.
Mitigation Measures BIO-1, BIO-2, BIO-3, BIO-4, BIO-9, BIO-11, and BIO-12 require worker environmental awareness
training, Project Site delineation to protect sensitive resources, implementation of BMPs to protect water quality, procedures
for invasive species management, avoidance and minimization measures for special-status amphibians and reptiles, on-site
biological monitoring during Project activities, and implementation of a HMMP. Based on implementation of these
measures, potential impacts would be less than significant with mitigation.
Southwestern Pond Turtle
The Project Site includes suitable southwestern pond turtle habitat along the banks of the creek, limited to open basking
sites. The species was not observed during reconnaissance surveys (Attachment A). There are three documented occurrences
of the species within a five-mile radius noted in the CNDBB. However, these occurrences were documented approximately
30 years ago within the same area northwest of the Project Site. In addition, multiple occurrences of the species have been
documented within a five-mile radius in iNaturalist, a web-based application that allows people to photograph and identify
plant and wildlife species, in the past decade. Therefore, moderate potential exists for the southwestern pond turtle to be
present within the Project Site (Attachment A). Direct impacts to this species could occur if they are present in the
construction area during activities such as excavation and vegetation removal. Project Site disturbance could also result in
the disruption of foraging, basking, migration, or breeding habitat. Therefore, impacts to the southwestern pond turtle are
potentially significant.
Mitigation Measures BIO-1, BIO-2, BIO-3, BIO-4, BIO-9, BIO-11, and BIO-12 require worker environmental awareness
training, Project Site delineation to protect sensitive resources, implementation of BMPs to protect water quality, procedures
for invasive species management, avoidance and minimization measures for special-status amphibians and reptiles, on-site
biological monitoring during Project activities, and implementation of a HMMP. Based on implementation of these
measures, potential impacts would be less than significant with mitigation.
Cooper’s Hawk, Yellow Warbler, White-Tailed Kite, and Merlin
Suitable foraging habitat and nesting habitat for Cooper’s hawk exists at the Project Site. Multiple occurrences of Cooper’s
hawk have been documented in and near the Project Site (Attachment A). Suitable nesting habitat for yellow warbler exists
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at the Project Site, and there have been multiple occurrences documented of yellow warbler within one mile of the Project
Site (Attachment A). White-tailed kite has been documented within one mile of the Project Site, and three occurrences of
white-tailed kit have been documented in the CNDDB within five miles of the Project Site. However, suitable foraging
habitat for white-tailed kite is not present at the Project Site, but the species has a moderate potential to fly over or roost in
trees at the Project Site. There is a low potential for merlin to be present at the Project Site (Attachment A). If any of these
species are present at the Project Site, construction activities could result in altered nesting behavior or nest abandonment.
The loss of a nest due to construction activities would be in violation of the Migratory Bird Treaty Act and California Fish
and Game Code Section 3503, resulting in a potentially significant impact.
Mitigation Measures BIO-1, BIO-2, BIO-3, BIO-4, BIO-10, BIO-11, and BIO-12 require worker environmental awareness
training, Project Site delineation to protect sensitive resources, implementation of BMPs to protect water quality, procedures
for invasive species management, preconstruction surveys for special-status and other nesting birds, on-site biological
monitoring during Project activities, and implementation of a HMMP. Based on implementation of these measures, potential
impacts would be less than significant with mitigation.
Other Migratory and Nesting Birds
Migratory birds protected under the Migratory Bird Treaty Act and nesting birds and raptors protected under California Fish
and Game Code Section 3503 have the potential to breed and forage throughout the Project Site. Nesting habitat for a variety
of bird species exists, including trees (sycamore, alder, coast live oak), willows, other vegetation, human-made structures
(i.e., bridges), and the ground surface. As previously stated, if any of these species are present at the Project Site during
construction activities could result in altered nesting behavior or nest abandonment. The loss of a nest due to construction
activities would be in violation of the Migratory Bird Treaty Act and California Fish and Game Code Section 3503, resulting
in a potentially significant impact.
Mitigation Measures BIO-1, BIO-2, BIO-3, BIO-4, BIO-10, BIO-11, and BIO-12 require worker environmental awareness
training, Project Site delineation to protect sensitive resources, implementation of BMPs to protect water quality, standard
procedures for invasive species management, preconstruction surveys for special-status and other nesting birds, on-site
biological monitoring during Project activities, and implementation of a HMMP. Based on implementation of these
measures, potential impacts would be less than significant with mitigation.
With implementation of Mitigation Measures BIO-1 through BIO-12, impacts to candidate, sensitive, and special status
species would be reduced to a less-than-significant level, through adequate survey procedures to determine presence for
these species, workers environmental awareness trainings, and proper procedures for work activities in the Project Site
related to buffering and established work limits. With mitigation incorporated, the Project would not 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 CDFW or USFWS.
Long term effects of the Project would be positive for many of the species included in this analysis. Stabilized banks and
stream channel would result in improved migratory conditions for steelhead and Pacific lamprey as well as potential higher
quality spawning habitat. Dispersal habitat would be of higher quality for California red-legged frog and other species that
utilize riparian corridors. Additionally, stabilized banks would promote a healthy riparian corridor that would provide shade
and cover for aquatic species and high quality nesting habitat for nesting birds. Overall, impacts to candidate, sensitive, and
special status species would be less than significant with mitigation incorporated.
b) The Mixed Riparian Hardwood Community that occurs within the Project Site is a sensitive natural community (Attachment
A). The Project would impact this sensitive natural community through activities including trimming understory vegetation
with limbs and/or trunks that are less than four inches in diameter at breast height, cutting one sycamore tree and four willow
trees located within the creek channel to one foot above the existing grade, trimming the branches of six coast live oak, and
possibly trimming the lower limbs of one alder tree located within the creek channel. In addition, five oak trees that were
present when the baseline for the environmental process was established have been removed from the Project area during
winter 2022 under an emergency permit. This analysis anticipates the tree removal will require 1:1 replacement for the
removed trees pursuant to the requirements of the emergency permit. Any trimming or cutting of riparian vegetation would
be regulated by the CDFW Streambed Alteration Agreement obtained for the Project.
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As discussed in criterion (a), San Luis Obispo Creek includes critical habitat for steelhead within the Project Site up to the
Ordinary High Water Mark (OHWM) (Attachment A). The OHWM is the line on the shore established by the normal
fluctuations of water which shows where the presence and action of waters are so common, usual, and ongoing. Temporary
impacts to steelhead migration, spawning, rearing, and/or foraging habitat could occur due to Project activities. Critical
habitat for the California red-legged frog also occurs within the Project Site. Temporary to California red-legged frog
migration, breeding, and foraging habitat could occur due to Project activities. Therefore, the project would result in a
potentially significant impact on riparian habitats, including sensitive natural communities regulated by CDFW and USFWS.
Implementation of Mitigation Measures BIO-1, BIO-2, BIO-3, and BIO 4, BIO-7, and BIO-8 require worker environmental
awareness training, Project Site delineation to protect sensitive resources, implementation of BMPs to protect water quality,
and procedures for invasive species management. These mitigation measures would reduce potential impacts on riparian
communities. Implementation of an HMMP, as outlined in Mitigation Measure BIO-12, would require compensatory
mitigation for temporary or permanent impacts to this sensitive natural community, as well as temporary or permanent
impacts to Steelhead and California red-legged frog critical habitat. The Project would repair drainage control infrastructure
along the banks of an approximately 180-linear foot stretch of San Luis Obispo Creek. As a result, the Project would result
in long-term beneficial impacts to steelhead habitat within the Project Site, as bank stabilization would reduce the risk of
future erosion and sedimentation. Adherence to resource agency permit conditions would also ensure that no permanent
negative impacts to critical habitat occur.
As a result of regulatory compliance and implementation of required mitigation measures the Project would not have a
substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans,
policies, regulations, or by the CDFW or USFWS. These impacts would be less than significant with mitigation incorporated.
c) The Project Site is within and adjacent to San Luis Obispo Creek and is subject to the jurisdictions of the USACE, RWQCB,
and CDFW. As previously stated, regulatory compliance for work within the San Luis Obispo Creek would require permits
and authorizations including a USACE Section 404 permit for fill in waters of the United States, a RWQCB Section 401
Water Quality Certification for fill in waters of the U.S. and diversion of the San Luis Obispo Creek, and a CDFW Streambed
Alteration Agreement for excavation activities. Consequently, Project activities, such as excavation and dewatering, would
be regulated by the USACE, RWQCB, and CDFW such that substantial hydrological interruption would not occur. A
jurisdictional delineation report prepared by Rincon in July 2022 for the Project Site determined that no federal or State
wetland waters are present within the Project Site; only non-wetland waters or riverine/streambed habitat occur onsite
(Attachment B). Therefore, the Project would have a less than significant impact to State or federally protected wetlands. In
addition, implementation of Mitigation Measure BIO-12 would further reduce impacts.
d) There are no large, natural habitat blocks that support native biodiversity (Natural Landscape Blocks) or areas essential for
ecological connectivity between them (Essential Connectivity Areas) mapped within the Project Site (Attachment A). The
riparian corridor within the Project Site could serve as a local wildlife movement corridor, particularly for disturbance-
tolerant species, such as racoons, skunks, and coyotes. The Project Site is small relative to the amount of riparian habitat
and open space in the region and Project activities are not expected to substantially interfere with existing terrestrial wildlife
movement or with established terrestrial resident or migratory wildlife corridors (Attachment A). Additionally, long term
effects will be positive for many of the species included in this analysis. Stabilized banks will result in better migratory and
dispersal conditions for species utilizing the healthy and stable riparian corridor.
San Luis Obispo Creek serves as a migration corridor for Pacific lamprey, steelhead, and other fish species. Fish migration
may be temporarily disrupted during installation and removal of the creek diversion. Once the diversion is in place, it would
allow for the downstream migration of steelhead, lamprey, and other fishes to continue during Project construction.
However, upstream migration may be disrupted for the duration of the creek diversion, which would be a potentially
significant impact. Long term effects would be positive for the aquatic species included in this analysis. Stabilized banks
would result in better migratory conditions for steelhead and Pacific lamprey as well as potential higher quality spawning
habitat. Additionally, stabilized banks would promote a healthy riparian corridor which provides shade and cover for aquatic
species.
Mitigation Measures BIO-6 and BIO-7 prohibit Project activities from occurring in flowing or standing water (with the
exception of creek diversion activities), require biological monitoring, and implement procedures for capture and relocation,
among other requirements. Therefore, implementation of Mitigation Measures BIO-6 and BIO-7 would ensure that the
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Project would not interfere substantially with the movement of any resident or migratory fish species. This impact would be
less than significant with mitigation incorporated.
e) Disturbed portions of the San Luis Obispo Creek would be restored after construction activities cease. The Project would
not interfere with the long-term natural function of the Project Site habitat. Rather, the Project would carry out a necessary
repair of damaged infrastructure which, if compromised further, could result in failure and subsequent destruction of trees
and other biological habitat. The Project would, therefore, be consistent with the City’s policies to protect natural
communities and avoid habitat disturbance pursuant to the Conservation and Open Space Element of the General Plan (City
of San Luis Obispo 2014b; Attachment A). As such, the Project would not conflict with any local polices or ordinances
protecting biological resources. This impact would be less than significant.
f) The Project Site is not located in any applicable adopted Habitat Conservation Plan, Natural Community Conservation Plan,
or other approved local, regional, or state habitat conservation plan (Attachment A). Therefore, no impact would occur.
Mitigation Measures
BIO-1 Worker Environmental Awareness Program. Prior to initiation of construction activities (including staging and
mobilization), all personnel associated with Project construction shall attend Worker Environmental Awareness
Program (WEAP) training, conducted by a qualified biologist, to aid workers in recognizing special-status species (e.g.,
California red-legged frog and steelhead), nesting birds, and other biological resources that have the potential to occur
in the Project Site. The specifics of this program shall include identification of special-status species with potential to
occur, a description of their regulatory status and habitat requirements, general ecological characteristics of any other
sensitive resources, and a review of the limits of construction and mitigation measures required to reduce impacts to
biological resources within the Project Site. A fact sheet conveying this information shall also be prepared for
distribution to all contractors, their employers, and other personnel involved with construction. All employees shall sign
a form provided by the trainer indicating they have attended the WEAP and understand the information presented to
them. A WEAP training recorded by a qualified biologist specifically for the Project may be utilized if in-person
trainings are restricted due to COVID-19 or if the construction schedule makes it infeasible for a biologist to train each
new crew member in person. The crew foreman shall be responsible to ensure crew members are aware of project
boundaries and adhere to the guidelines and restrictions designed to avoid or minimize effects to California red-legged
frog, Steelhead, nesting birds, and other sensitive species and biological resources.
BIO-2 Project Delineation, Staging Areas, Materials Storage, and Waste Management. Prior to the start of any Project
activities (including any vegetation clearing), sturdy, high-visibility fencing shall be installed to protect jurisdictional
areas and sensitive resource areas adjacent to the Project Site. This fencing shall be placed so that unnecessary impacts
to adjacent habitat are avoided. No Project activities (including storage of materials) shall occur outside of the “Project
Limits”. The required fencing shall remain in place during the entire construction period and be maintained as needed
by the construction contractor.
Areas of temporary disturbance shall be minimized to the extent practicable. Staging and laydown areas shall be limited
to sites that are unvegetated and previously disturbed (e.g., existing paved roads). Materials shall be stored on
impervious surfaces or plastic ground covers to prevent any spills or leakage. Material storage shall be as far from San
Luis Obispo Creek as is feasible. Construction materials and spoils shall be protected from stormwater runoff using
temporary perimeter sediment barriers such as fiber rolls, sand/gravel bags, and straw bale barriers, as appropriate.
All trash shall be properly contained and regularly disposed of such that it does not leave the Project Site, enter the San
Luis Obispo Creek channel, or attract wildlife. Following Project completion, all trash and construction debris shall be
removed from the work and laydown areas.
BIO-3 Best Management Practices to Protect Water Quality. All vehicles and equipment shall be in good working condition
and checked daily for leaks. The construction contractor shall prevent petroleum products, or any other pollutant, from
contaminating the soil or entering the San Luis Obispo Creek channel (dry or otherwise). When vehicles or equipment
are not in use, mats or drip pans shall be placed below vehicles to contain fluid leaks.
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Project activities shall occur between June 1 and October 15, to the maximum extent possible, to avoid working in the
creek channel during the rainy season. Work during times of precipitation shall be avoided to the maximum extent
possible. The City or their contractor(s) or representative(s) shall utilize Best Management Practices (BMPs), including
(but not limited to): berms, burlap-wrapped fiber rolls, jute netting, sand/gravel bags, and straw bale barriers to stabilize
work areas and prevent any sediment or pollutants from entering the creek.
To further protect water quality and sensitive habitat areas, no refueling, cleaning, or maintenance of equipment or
vehicles shall occur within the creek channel. Spill kits shall be kept on the Project Site and readily available at all
times. Should a spill occur in the work area, clean-up shall be conducted immediately, the contaminant(s) removed to
the greatest extent feasible, and any contaminated materials disposed of properly. The Project foreman or other
designated liaison shall immediately notify the biological monitor and the City following any project spills.
Additionally, the off‐site tracking of loose construction and landscape materials shall be prevented and/or cleaned up
daily, with street sweeping, vacuuming, and/or rumble plates, as appropriate.
BIO-4 Invasive Species Management. Prior to construction, Project plans and specifications shall clearly identify methodology
for removal and disposal of invasive exotic species found within the Project Site. Invasive vegetation removed within
the Project Site shall be properly disposed of at an off-site location. All construction materials (including jute netting,
fiber rolls, and straw bales) brought into the Project Site shall be free from invasive plant material. All revegetation
efforts (e.g., hydroseeding, planting container stock or cuttings) within the Project Site shall include only native, riparian
plant species appropriate for the Project Site. Invasive wildlife species, including bullfrog (Rana catesbeiana), and
signal and red swamp crayfish (Pacifasticus leniusculus; Procambarus clarkii), shall be removed from the Project Site
by a qualified biologist using methodologies approved by the USFWS, NMFS, and/or CDFW.
BIO-5 Preconstruction Survey for Special-Status Plant Species. A preconstruction survey for special-status plant species shall
be conducted by a qualified botanist within the Project Site prior to any site disturbance and during the bloom period of
marsh sandwort and adobe sanicle. If these, or any other special-status plant species, are observed within the Project
Site, the location(s) of individual plants or group(s) of plants shall be clearly flagged by the qualified botanist and
avoided during Project construction. If impacts to special-status plant species cannot be avoided, then compensatory
mitigation would be required by the regulatory agencies and/or lead CEQA agency (i.e., the City) through the required
Habitat Mitigation and Monitoring Plan (Mitigation Measure BIO-12).
BIO-6 Avoidance and Minimization Measures for Pacific Lamprey. No project activities shall occur in flowing or standing
water within San Luis Obispo Creek, with the exception of the installation and removal of the temporary creek diversion.
Capture and relocation surveys for Pacific lamprey shall be conducted by qualified and/or CDFW-approved biologists
prior to the commencement of diversion construction, as well as during dewatering of the work areas. A second capture
and relocation survey shall be conducted prior to the removal of the diversion. Pacific lamprey (adults, macropthalmia,
or ammocoetes) found within the Project Site prior to or during dewatering shall be captured using seine nets or dip
nets and relocated to a predetermined relocation site (with appropriate habitat features) within San Luis Obispo Creek.
Lamprey shall be placed in aerated 5-gallon buckets and held no more than 20 minutes before relocation. These capture
and relocation efforts can be conducted concurrently with the Steelhead capture and relocation efforts described in BIO-
7, though lamprey shall be held in separate buckets to avoid predation.
BIO-7 Steelhead Capture and Relocation: No Project activities shall occur in flowing or standing water in San Luis Obispo
Creek, with the exception of the installation and removal of the temporary creek diversion. Project activities within the
San Luis Obispo Creek channel are proposed to occur between June 1 and October 15, outside of the steelhead migration
season. If work extends into the migration season, approval must be obtained from the appropriate resource agencies.
If approved, at a minimum, additional requirements typically include fish passage around the work area and additional
winter water quality and bank stabilization measures. Flow conditions during this time are variable and can range from
a summer low flow condition to a dry condition. Project components that require surface water diversion (detailed
below) shall also require the capture and relocation of aquatic species, including steelhead, in the reach that will become
dewatered. A qualified biologist approved by NMFS to handle steelhead shall be present during all dewatering, as well
as all stages of the installation and removal of surface water diversions. To minimize effects to steelhead, the qualified
biologist with qualified biological assistants shall conduct steelhead capture and relocation surveys prior to the
commencement of diversion construction, as well as during dewatering of the diverted areas and removal of the
diversion. Block nets shall be erected upstream and downstream of the Project Site and steelhead shall be removed from
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the block-netted area by seine, dipnets, or electrofishing due to substantial obstacles in the creek potentially making
netting ineffective and relocated to an approved relocation site within San Luis Obispo Creek that contains suitable
habitat that would not be affected by Project activities. Block nets shall remain in place until the diversion is functional,
at which time the downstream and upstream block nets shall be removed. Fish shall be placed in aerated 5-gallon buckets
and held no more than 20 minutes before relocation. Smaller fish, including steelhead young of the year, shall be placed
in separate aerated buckets to avoid predation. Non-native fishes and invertebrates shall be removed from the creek by
qualified biologists.
If it is anticipated that surface flow may soon become discontinuous at the diversion site, a block net shall be deployed
just upstream of the diversion to block fish from entering the diversion from upstream. No block net shall be deployed
downstream to allow fish located within the diversion area to exit downstream. Once surface flows become
discontinuous, the qualified biologist with qualified biological assistants shall conduct steelhead capture and relocation
surveys within any isolated pools/habitats. Stranded fish shall be relocated to the original approved relocation site.
A surface water diversion plan shall be prepared by the construction contractor and shall include the various structures
and measures that would divert creek flow upstream of the Project Site, divert flow around or through the work area,
and discharge downstream, while avoiding water quality and special-status species impacts. This plan shall be prepared
by a licensed and qualified engineer in consultation with a licensed and qualified biologist. The plan shall include such
components as predicted diversion flow rates, pump capacities, pump screen mesh size, material to be used, contingency
plans, a removal and restoration plan, as well as design accommodations for special-status species including fish passage
requirements. A qualified biologist shall be present during dewatering and during the installation and removal of surface
water diversions. A detailed diversion plan shall be submitted to the NMFS, RWQCB, USACE, and CDFW for approval
at least 15 days prior to the construction of the diversion.
A relocation site shall be identified by a qualified biologist and a relocation site memo shall first be submitted to the
City biologist for review and then be submitted to NMFS for approval at least 15 days prior to the construction of the
first diversion. The relocation site shall be in a known perennial location in San Luis Obispo Creek, preferably upstream
of the Project Site. The relocation site shall provide adequate depth in the form of scour (>1 foot) with instream cover.
Overhead canopy cover shall also be present, if possible. Water temperature within the relocation site shall be well
within published steelhead tolerances. Other water quality parameters, including (but not limited to) dissolved oxygen,
pH, and turbidity shall also be within steelhead tolerances.
A qualified biological monitor shall be on site full-time during all Project activities that involve creek dewatering and/or
the installation or removal of surface water diversions. Once the work area is completely blocked from the creek and
dewatered, and if work conditions and/or prolonged Project activities are conducted outside of the active San Luis
Obispo Creek channel, the monitor shall be on site for no less than one day per week.
Any worker(s) who inadvertently injure(s) or kill(s) a steelhead (or any other special-status species) or find(s) one dead
or injured, shall immediately report the incident to the biological monitor. The monitor or environmental Project
manager shall then immediately notify the City. The City will then provide verbal notification, as appropriate, to the
USFWS Endangered Species Office in Ventura, California; NMFS in Long Beach, California; and the local CDFW
contact, within three working days. The Project proponents shall provide written notification of the incident to the
USFWS, NMFS, and CDFW within five working days.
Although this measure was developed based on years of experience capturing and relocation fish including steelhead,
this measure may be adjusted to include any additional mitigation elements or modifications to existing mitigation
elements included in project permits.
BIO-8 Avoidance and Minimization Measures for California Red-legged Frog. A USFWS-approved biologist shall survey the
Project Site no more than 48 hours before the onset of work activities. If the biologist finds any life stage of the
California red-legged frog and these individuals are likely to be killed or injured by work activities, the biologist shall
be allowed sufficient time to relocate them from the Project Site before work begins. The biologist shall relocate the
California red-legged frog the shortest distance possible to a predetermined location within San Luis Obispo Creek that
contains suitable habitat and that would not be affected by Project activities.
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A USFWS-approved biologist shall be present during installation and removal of the creek diversion, and during all
vegetation removal and initial ground disturbance. After this time, the USFWS-approved biologist can designate another
qualified biologist to monitor on-site compliance with all mitigation measures. Diversion intakes shall be screened with
wire mesh not larger than 0.2 inch to prevent any California red-legged frogs not initially detected, and juvenile
steelhead from entering the pump system.
To ensure that diseases are not conveyed between sites, the USFWS-approved biologist, shall follow the fieldwork code
of practice developed by the Declining Amphibian Populations Task Force at all times.
Project activities shall occur between June 1 and October 15, to the maximum extent feasible, in order to avoid the
California red-legged frog breeding season.
BIO-9 Avoidance and Minimization Measures for Other Special-Status Amphibians and Reptiles. A preconstruction survey for
special-status amphibians and reptiles (e.g., lesser slender salamander, southwestern pond turtle, and coast range newt)
shall be conducted within the Project Site by a qualified biologist no more than 48 hours before the onset of work
activities. This survey can be conducted concurrently with the preconstruction survey for the California red-legged frog.
If any special-status amphibian or reptile species are found in areas where they are likely to be killed or injured by work
activities, then a qualified biologist shall be allowed sufficient time to relocate them from the Project Site before work
begins. A qualified biologist shall also be on site during any vegetation removal or initial ground disturbing activities.
If any special-status species be encountered within the Project Site prior to or during these activities, work shall be
halted until the biologist has sufficient time to move any individuals from the site.
BIO-10 Preconstruction Survey for Special-Status Birds and Other Nesting Birds. A preconstruction nesting bird survey shall
be conducted by a qualified biologist no more than 14 days prior to initiation of Project activities. The survey shall be
conducted within the Project Site and include a 50-foot buffer for passerines and a 500-foot buffer for raptors. Portions
of the buffer areas that may be inaccessible due to private property constraints shall be surveyed from the Project Site
and/or public roads using binoculars. The survey shall be conducted by a biologist familiar with the identification of
avian species known to occur in the region and shall focus on trees, vegetated areas, and other potential nesting within
the vicinity of the Project Site. If nests are found, an appropriate avoidance buffer (typically 50 feet for passerine species
and 500 feet for raptors) shall be determined and demarcated by the biologist with high visibility material located within
or adjacent to the Project Site.
All Project personnel shall be notified as to the existence of the buffer zones and to avoid entering buffer zones during
the nesting season. No Project activities shall occur within the buffer until the avian biologist has confirmed that
breeding/nesting is complete, and the young have fledged the nest. Encroachment into the buffer shall occur only at the
discretion of the qualified biologist.
BIO-11 Onsite Biological Monitoring. A qualified biologist shall be onsite during all vegetation removal, initial ground
disturbing activities, and/or during any construction activities that may impact sensitive biological resources, such as
dewatering and diversion installation or removal. The biologist shall have the authority to temporarily halt or redirect
work to avoid impacts to special-status species or other protected biological resources. Once the diversion has been
installed and vegetation removal and initial ground-disturbing activities have been completed, the biological monitor
shall be onsite for no less than two days per week, for a minimum two-hour period per day. A Biological Monitoring
Plan shall be created for the project, which shall include species-specific details regarding preconstruction surveys and
on-site monitoring. The Monitoring Plan shall be approved by the City Biologist prior to the initiation of construction
activities.
BIO-12 Habitat Mitigation and Monitoring Plan. Project impacts to habitat within the San Luis Obispo Creek corridor shall be
mitigated through implementation of a Habitat Mitigation and Monitoring Plan (HMMP). The HMMP shall be prepared
by a qualified biologist/restoration ecologist and approved by each of the regulatory agencies (i.e., the NMFS, USACE,
RWQCB, and CDFW) prior to the initiation of construction activities. The HMMP shall include details on the
restoration of portions of San Luis Obispo Creek that will be disturbed by the Project, including jurisdictional features,
sensitive natural communities (i.e., Mixed Riparian Hardwood), and associated riparian and stream habitats. If any
Project impacts to listed plant species be unavoidable, then the HMMP shall also include details on the compensatory
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mitigation required for impacts to these species. For impacts to jurisdictional waters and riparian habitat, the HMMP
would be required to include the following minimum compensatory mitigation ratios:
On-site mitigation for permanent impacts to jurisdictional/sensitive areas implemented at a minimum ratio of 2:1;
and
On-site mitigation for temporary impacts to jurisdictional/sensitive areas implemented at a minimum ratio of 1:1.
Final mitigation ratios required by the regulatory agencies during the permitting process may differ but shall be
confirmed prior to the initiation of applicable construction activities.
At a minimum, the HMMP shall include the following:
A description of the jurisdictional waters, sensitive plant communities, riparian and stream habitat, and/or sensitive
plant species disturbed by the project, and how the mitigation method (e.g., restoration, invasive species removal,
enhancement) will achieve the necessary mitigation goal/s;
a plant palette and methods of salvaging, propagating, seeding, and/or planting the site to be restored;
methods of soil preparation;
type(s) and method(s) of instream habitat enhancement (e.g., installation of downed woody debris);
a schedule for restoration activities including weed abatement, propagating and planting, soil preparation, erosion
control, qualitative and quantitative monitoring, and reporting;
identification measurable performance standards for each objective to evaluate the success of the compensatory
mitigation (at a minimum, 80% absolute cover of vegetation by end of year 3 with less than 10% comprised of non-
native vegetation);
maintenance and monitoring necessary to confirm the mitigation area meets the success criteria; and
Identification of contingency and adaptive management measures to address unforeseen changes in site conditions
or other components of the mitigation project.
Where feasible, mitigation would be required occur on-site and may include hydroseeding with a native riparian seed
mix, installing native riparian container stock, and/or removal of invasive plant species (e.g., tree of heaven, elmleaf
blackberry). If on-site mitigation is found to be infeasible by the qualified biologist/restoration ecologist, off-site
mitigation shall occur within the San Luis Obispo Creek corridor as close to the site as is feasible, based on the
professional judgment of the qualified biologist/restoration ecologist.
Conclusion
With implementation of Mitigation Measures BIO-1 through BIO-12, Project impacts to biological resources would be reduced
to a less-than-significant level.
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5. CULTURAL RESOURCES
Would the project:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the significance of a
historic resource pursuant to §15064.5? 26 ☐ ☐ ☒ ☐
b) Cause a substantial adverse change in the significance of an
archaeological resource pursuant to §15064.5? 26 ☐ ☒ ☐ ☐
c) Disturb any human remains, including those interred outside of
formal cemeteries? 26 ☐ ☒ ☐ ☐
Evaluation
This section provides an analysis of the project’s impacts on cultural resources, including historical and archaeological resources
as well as human remains. CEQA requires a lead agency determine whether a project may have a significant effect on historical
resources (Public Resources Code [PRC] Section 21084.1). A historical resource is a resource listed in, or determined to be
eligible for listing in, the California Register of Historical Resources (CRHR); a resource included in a local register of historical
resources; or any object, building, structure, site, area, place, record, or manuscript a lead agency determines to be historically
significant (CEQA Guidelines Section 15064.5[a][1-3]). A resource shall be considered historically significant if it:
1. Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural
heritage;
2. Is associated with the lives of persons important in our past;
3. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an
important creative individual, or possesses high artistic values; or
4. Has yielded, or may be likely to yield, information important in prehistory or history.
In addition, if it can be demonstrated that a project would cause damage to a unique archaeological resource, the lead agency
may require reasonable efforts be made to permit any or all of these resources to be preserved in place or left in an undisturbed
state. To the extent that resources cannot be left undisturbed, mitigation measures are required (PRC Section 21083.2[a-b]). PRC
Section 21083.2(g) defines a unique archaeological resource as an archaeological artifact, object, or site about which it can be
clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it:
1. Contains information needed to answer important scientific research questions and that there is a demonstrable public
interest in that information;
2. Has a special and particular quality such as being the oldest of its type or the best available example of its type; or
3. Is directly associated with a scientifically recognized important prehistoric or historic event or person.
Rincon prepared a Cultural Resources Assessment Report for the Project Site and staging area in June 2022. Rincon completed
background and archival research from sources including, but not limited to, historical maps, aerial photographs, and written
histories of the area. On January 12, 2022, Rincon received records search results (Records Search Number: 21-313) from the
California Historical Resources Information System (CHRIS) located at the Central Coast Information Center (CCIC)
(Attachment C). Rincon also reviewed the National Register of Historic Places (NRHR), CRHR, California Historical Landmarks
list, and Built Environment Resources Directory, as well as its predecessor the California State Historic Property Data File.
Additionally, Rincon reviewed the Archaeological Determination of Eligibility list. The results of the searches documented no
historic resources were previously identified. The bridge at Johnson Avenue over San Luis Obispo Creek is included in the
Caltrans historic bridge inventory list. Caltrans designated this bridge as a Category Five bridge, a status which means it is
ineligible for listing in the NRHP (Attachment C).
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A pedestrian survey of the Project Site and staging area was conducted on January 27, 2022. Exposed ground surfaces were
examined for artifacts (e.g., flaked stone tools, tool-making debris, stone milling tools), ecofacts (marine shell and bone), soil
discoloration that might indicate the presence of a cultural midden, historic debris (e.g., metal, glass, ceramics), and features
indicative of the former presence of structures or buildings (e.g., standing exterior walls, postholes, foundations). Burrows and
drainages allowed the visual inspection of subsurface soils. No archaeological resources were observed during the survey
(Attachment C).
Rincon contacted the Native American Heritage Commission (NAHC) on December 17, 2021, to request a Sacred Lands File
(SLF) search for tribal heritage resources and a contact list of Native Americans culturally affiliated with the project vicinity.
SLF searches are conducted by using USGS quadrangle maps, each of which covers an approximately 50- to 70-square-mile
area, and the NAHC does not provide the specific location of tribal heritage resources. On March 11, 2022, the NAHC responded
to Rincon’s request, stating that the results of the SLF search were positive (Attachment C).
a) The Project Site encompasses the Johnson Avenue Bridge. Caltrans has designated this bridge as a Category Five bridge,
which making it ineligible for NRHP listing (Attachment C). The Project would not modify the bridge, and Project activities
in the immediate vicinity of the bridge would be reconstructed in a manner that is consistent with existing conditions as it is
repairing existing, damaged infrastructure. Therefore, the Project would not cause a substantial adverse change in the
significance of a historical resource pursuant to Section 15064.5. This impact would be less than significant.
b) No archaeological resources were identified within the Project Site (Attachment C). However, ten recorded archaeological
sites are within a 0.5-mile radius of the Project Site. These archaeological sites include one prehistoric site, one historic-
period site, and six historic-aged archaeological resources. Due to the presence of prehistoric and historic archaeological
resources within the vicinity, the Project Site and staging area are considered sensitive for the presence of archaeological
resources. The potential exists for Project construction activities that would disturb native soils to impact previously
unidentified archaeological resources, which would be a potentially significant impact. Mitigation Measures CR-1 and CR-
2 would implement a worker environmental awareness program and standard procedures for the unanticipated discovery of
cultural resources. Implementation of Mitigation Measures CR-1 and CR-2 would minimize potential impacts to previously
unidentified archaeological resources, and ensure the Project would not cause a substantial adverse change in the significance
of an archaeological resource pursuant to Section 15064.5. Therefore, potential impacts would be less than significant with
incorporation of identified mitigation.
c) No human remains are known to be present within the Project Site (Attachment C). However, the Project Site is partially
located within a Burial Sensitivity Area as identified by the City (City of San Luis Obispo 2014b). The unanticipated
discovery of unknown human remains a possibility during ground-disturbing activities. Pursuant to California Health and
Safety Code Section 7050.5, if human remains are found, the County Coroner must be notified immediately, and no further
disturbance would occur until the County Coroner has made a determination of origin and disposition pursuant to California
Public Resources Code Section 5097.98. If the human remains are determined to be of Native American origin, the County
Coroner will notify the NAHC, which will determine and notify a Most Likely Descendant (MLD). The MLD has 48 hours
from being granted site access to make recommendations for the disposition of the remains. If the MLD does not make
recommendations within 48 hours, the landowner shall reinter the remains in a location that would not be affected by future
ground-disturbing activities. The Project would be required comply with the provisions set forth pursuant to California
Health and Safety Code Section 7050.5. Therefore, the potential exists for ground-disturbing activities related to project
construction to disturb human remains. California Health and Safety Code Section 7050.5 sets forth adequate procedures
related to the potential discovery of human remains. To enforce the procedural requirements of California Health and Safety
Code Section 7050.5, Mitigation Measure CR-3 is required. Thus, this impact would be less than significant with
incorporation of mitigation.
Mitigation Measures
CR-1 Worker Environmental Awareness Program. A qualified archaeologist shall conduct a Worker Environmental
Awareness Program training on archaeological sensitivity for all construction personnel prior to the commencement of
any ground-disturbing activities within the Project Site. The training shall be developed by an archaeologist who meets
or exceeds the Secretary of Interior’s Professional Qualification Standards for archaeology (National Park Service
[NPS] 1983). Archaeological sensitivity training shall include a description of the types of cultural materials that may
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be encountered, cultural sensitivity issues, regulatory issues, and the proper protocol for treatment of the materials in
the event of a find.
CR-2 Unanticipated Discovery of Cultural Resources. In the event cultural resources are encountered during ground-
disturbing activities, work within 50 feet of the find shall halt and a City-qualified archaeologist shall be contacted
immediately to evaluate the find, pursuant to CEQA Guidelines Section 15064.5(f). If the archaeologist determines
further information is needed to evaluate significance, a testing plan shall be prepared and implemented prior to
resuming project activities. If the find is determined to be significant by the qualified archaeologist, the qualified
archaeologist shall implement a data recovery plan designed to obtain information about the discovery. Recovery of
significant cultural resources described in the data recovery plan, if necessary, shall include but not be limited to, manual
or mechanical excavations, monitoring, soils testing, photography, mapping, or drawing to adequately recover the
scientifically consequential information from and about the archaeological resource. Further treatment may be required,
including site recordation, excavation, site evaluation, and data recovery. Any artifacts uncovered shall be recorded and
removed for storage at a location to be determined by the archaeologist. The data recovery plan shall be approved by
the City prior to the implementation of data recovery activities. Once approved, the qualified archaeologist shall carry
out data recovery in conformance with the data recovery plan. All cultural resource work shall follow accepted
professional standards in recording any find including submittal of standard Department of Parks and Recreation
Primary Record forms (DPR Form 523) and location information to the appropriate California Historical Resources
Information System office for the Project Site. If the find is prehistoric, then a native American representative shall also
be contacted to participate in the evaluation of the find.
CR-3 Discovery of Human Remains. If human remains are discovered during construction activities, work shall immediately
stop within the immediate vicinity of the area where the remains were discovered. The County coroner shall immediately
be notified of the find, and a date and time for the County coroner to evaluate the find shall be determined by the
applicant, City, and County coroner. The County coroner shall make a determination of the origin and disposition of
the remains. If the County coroner determines the remains are prehistoric, the County coroner shall notify the NAHC
which will determine a Most Likely Descendant (MLD). The MLD shall perform site inspection of the site within 48
hours of being granted site access and may recommend scientific removal and nondestructive analysis of human remains
and items associated with Native American burials. The applicant, City, County coroner, and MLD, if applicable, shall
jointly decide on a date, time, and method of removal of remains. Removal shall be carried out prior construction
resuming within the vicinity.
Conclusion
With implementation of Mitigation Measures CR-1, CR-2, and CR-3. Project impacts associated with cultural resources would
be reduced to a less-than-significant level.
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6. ENERGY
Would the project:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Result in potentially significant environmental impact due to
wasteful, inefficient, or unnecessary consumption of energy
resources, during project construction or operation?
21, 26 ☐ ☐ ☒ ☐
b) Conflict with or obstruct a state or local plan for renewable
energy or energy efficiency? 21, 26 ☐ ☐ ☒ ☐
Evaluation
Energy consumption is directly related to environmental quality in that the consumption of nonrenewable energy resources
releases criteria air pollutant and greenhouse gas (GHG) emissions into the atmosphere. Energy use during construction work
would be in the form of fuel consumption (e.g., gasoline and diesel fuel) to operate construction equipment. The City’s
Conservation and Open Space Element and Climate Action Plan contain goals and policies primarily related to reducing
operational energy, including introduction of solar power, implementation of energy conservation features in buildings, and
implementation of carbon-sequestration measures (City of San Luis Obispo 2014b; City of San Luis Obispo 2020a).
The environmental impacts of air pollutant and GHG emissions associated with the project’s energy consumption are discussed
in detail in Section 3, Air Quality, and Section 8, Greenhouse Gas Emissions, respectively.
a;b) The Project would not include new structures that would require long-term energy use beyond the completion of the
proposed construction phase. Energy use during construction would last approximately five months, and equipment used
would be typical of construction projects within and surrounding the Project Site. In addition, contractors would be required
to comply with the provisions of Title 13 California Code of Regulations Sections 2449 and 2485, which prohibit diesel-
fueled commercial motor vehicles and off-road diesel vehicles from idling for more than five minutes. Heavy equipment
would be subject to the U.S. EPA Construction Equipment Fuel Efficiency Standard, which would also minimize
inefficient, wasteful, or unnecessary fuel consumption. The City’s energy-related goals and policies within the Conservation
and Open Space Element and Climate Action Plan have limited applicability to the Project as they focus primarily on energy
conservation in buildings, solar design, achieving carbon-free electricity, and carbon sequestration (City of San Luis Obispo
2014b; City of San Luis Obispo 2020a). However, Project construction activities would comply with federal and State
requirements to reduce wasteful energy consumption. Furthermore, in the interest of cost efficiency, construction
contractors would not reasonably be expected to utilize fuel in a manner that is wasteful or unnecessary. Therefore, the
Project would not result in the wasteful, inefficient, or unnecessary consumption of energy resources, or conflict with or
obstruct a state or local plan for renewable energy. This impact would be less than significant.
Mitigation Measures
No mitigation measures are required.
Conclusion
No significant impacts related to energy would occur. Therefore, no mitigation would be required.
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7. GEOLOGY AND SOILS
Would the project:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Directly or indirectly cause potential substantial adverse effects,
including the risk of loss, injury or death involving:
i. Rupture of a known earthquake fault, as delineated on the
most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42.
12 ☐ ☐ ☒ ☐
ii. Strong seismic ground shaking? 12 ☐ ☐ ☒ ☐
iii. Seismic-related ground failure, including liquefaction? 26 ☐ ☐ ☒ ☐
iv. Landslides? 26 ☐ ☐ ☒ ☐
b) Result in substantial soil erosion or the loss of topsoil? 14 ☐ ☒ ☐ ☐
c) Be located on a geologic unit or soil that is unstable, or that
would become unstable as a result of the project, and potentially
result in on- or off-site landslide, lateral spreading, subsidence,
liquefaction or collapse?
25 ☐ ☐ ☒ ☐
d) Be located on expansive soil, as defined in Table 1802.3.2 of the
California Building Code (2013), creating substantial direct or
indirect risks to life or property?
n/a ☐ ☒ ☐ ☐
e) 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?
n/a ☐ ☐ ☐ ☒
f) Directly or indirectly destroy a unique paleontological resource
or site or unique geologic feature? 47 ☐ ☐ ☒ ☐
Evaluation
The Project Site is located within the southern Coast Range geomorphic province. The Coast Range province is comprised of
sub-parallel northwest-southeast trending faults, folds, and mountain ranges (City of San Luis Obispo 2014a). According to the
California Geological Survey (CGS) the Project Site is not located within an Alquist-Priolo Fault Zone. There are no active
earthquake faults present on the Project Site, and the closest active fault to the Project Site is the Los Osos Fault Zone, located
approximately 2.97 miles southwest (CGS 2021). The Safety Element of the City’s General Plan recognizes the Project Site as
an area having high liquefaction potential (City of San Luis Obispo 2014b). The Project Site is not within a landslide hazard
zone (City of San Luis Obispo 2014a). The Project Site is underlain by Concepcion loam soil with two to five percent slopes
(United States Department of Agriculture [USDA] 2022). A Geotechnical Engineering Report prepared by Earth Systems Pacific
in December 2021 indicated the Project Site’s underlying geology is composed of Franciscan Mélange sandstone (Attachment
D).
a.i; a.ii) The Project Site does not partially or fully intersect any Alquist-Priolo Fault Zone (CGS 2021). Project excavation
activities would be limited to approximately 120 cubic yards of surface soil excavation, and thus would not create
conditions that would exacerbate unstable seismic conditions or stresses in the Earth’s crust. Therefore, the Project
would not directly or indirectly cause the risk of loss, injury, or death involving rupture of a known earthquake fault.
Although the Project Site is located near seismically active areas such as the Los Osos Fault Zone, it would conform
with standards of the California Building Code (CBC), which provides earthquake design requirements, including
earthquake loading specifications for design and construction to resist effects of earthquake motions in accordance
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with the American Society of Engineers Standard 7-05. The Project would be required to comply with CBC standards
regulating procedures for soil preparation, including, but not limited to: excavation, grading and earthwork, fills and
embankments, expansive soils, foundation investigations, liquefaction potential, and soil strength loss. Through
compliance with CBC regulations, the Project would not cause the risk of loss, injury, or death involving strong
seismic ground shaking. This impact would be less than significant.
a.iii; aiv) As identified by the City, the Project Site is in an area that exhibits high liquefaction potential, but is not within a
landslide hazard zone (City of San Luis Obispo 2014b). The Project Site does not contain steep slope conditions
necessary for a landslide to occur. Construction workers could be present at the Project Site during a seismic or
liquefaction event. Although there is potential for seismic ground shaking at the Project Site during rupture of a nearby
fault, Project construction would not increase the risk of an earthquake occurring and thus would not increase the risk
of liquefaction or landslide. Therefore, impacts would be less than significant.
b) The Geotechnical Engineering Report prepared for the Project Site indicates that on-site soils are considered erodible.
Construction activities would involve the excavation of approximate 120 cubic years of soil. Construction activities
would take place during the dry season and the Project Site would be dewatered during construction activities to
remove water from the active work area, which would reduce risk of erosion in the San Luis Obispo Creek. The
Project would also be constructed in compliance with the requirements of the Clean Water Act Section 401 Water
Quality Certification and Section 404 permit for fill activities associated with the Project. Furthermore, pursuant to
Municipal Code Section 12.08.260, construction sites with inadequate erosion and sediment controls installed are
subject to a notice of violation and restriction of site work until erosion controls are in place (City of San Luis Obispo
2022b). Additionally, implementation of the Project would minimize the potential for future scour of the south-
easterly facing slope embankment. Thus, the Project would not result in substantial soil erosion and the loss of topsoil.
This impact would be less than significant.
c) The Project Site is not within a landslide hazard zone but does have high liquefaction potential (City of San Luis
Obispo 2014a). The Project would repair drainage control infrastructure along the banks of an approximately 180-
linear foot stretch of San Luis Obispo Creek. The replaced drainage control infrastructure would prevent future scour;
improve slope protection; and protect the retaining wall. As a result, the Project would lessen the potential for the
Project Site to result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse. This impact
would be less than significant.
d) An expansion index test performed on soils from the Project Site produced an expansion index value of 39
(Attachment D). Pursuant to Section 1803.5.3 of the CBC, the Project Site soils are considered to be expansive with
“low” expansion potentials. Expansive soils swell with increases in soils moisture and shrink as soil moisture
decreases. As noted in the Geotechnical Engineering Report, the upper three to five feet of soils is the zone most
affected by seasonal fluctuations in soil moisture (Attachment D). The volumetric changes that Project Site soils
undergo could damage drainage infrastructure improvements, which would be a potentially significant impact.
Mitigation Measure GEO-1 would ensure recommendations made in the Geotechnical Engineering Report, which
include, but are not limited to, moisture conditioning, placement of non-expansive fill, retaining wall parameters, and
deepening foundations, are implemented in Project design. With implementation of Mitigation Measure GEO-1, the
Project’s effects from expansive soils would be reduced to a less than significant level.
e) The Project would not include or require the use of septic tanks or alternative wastewater disposal systems. On-site
portable restroom facilities would be provided by the construction contractor for workers operating at the site. No
impact would occur.
f) Paleontological resources, or fossils, are the evidence of once-living organisms preserved in the rock record. Such
resources include both the fossilized remains of ancient plants and animals and the traces of such remains.
Paleontological resources are not found in “soil” but are rather found in the geologic deposits or bedrock that underlies
the soil layer. Typically, fossils are greater than 5,000 years old (i.e., older than middle Holocene in age) and preserved
in sedimentary rocks. Although rare, fossils can also be preserved in volcanic rocks or low-grade metamorphic rocks
under certain conditions (Society of Vertebrate Paleontology [SVP] 2010). Fossils often occur in an unpredictable
distribution within some sedimentary units.
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According to the Geotechnical Engineering Report and mapping by Jennings (1958) the Project Site is underlain by
Mesozoic-age Franciscan Mélange with low to moderate fossil-bearing potential (Attachment D; Jennings 1958).
Ground disturbance required for the Project would be limited to surficial vehicle travel by construction equipment
over the ground surface, excavation of approximately 120 cubic yards of soil, and use of hand tools during construction
activities. Ground disturbing activities are not anticipated to reach depths where older, potentially more sensitive
sediments could be encountered. Therefore, the Project’s potential to directly or indirectly destroy a unique
paleontological resource or site or unique geologic feature would be less than significant.
Mitigation Measures
GEO-1 Implementation of Geotechnical Design Features. Prior to the issuance of grading permits, the construction contractor
shall retain a qualified geotechnical engineer to incorporate all applicable geotechnical recommendations made in the
Project specific Geotechnical Engineering Report for the purpose of reducing impacts related to soil expansion. Such
recommendations include, but are not limited to, retaining wall foundation design, deepening foundations, and moisture
conditioning soil. Geotechnical recommendations shall be noted on site plans and provided to the City for approval
prior to the issuance of grading permits. The qualified geotechnical engineer shall be retained throughout construction
to provide observation during grading and backfill, wall construction, and oversight of soil special inspection, as detailed
in the Geotechnical Engineering Report. At the completion of construction, the qualified geotechnical engineer shall
provide written confirmation to the City that all applicable geotechnical recommendations were followed.
Conclusion
With implementation of Mitigation Measure GEO-1, Project impacts associated with geology and soils would be reduced to a
less-than-significant level.
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8. GREENHOUSE GAS EMISSIONS
Would the project:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Generate greenhouse gas emissions, either directly or indirectly,
that may have a significant impact on the environment? 21 ☐ ☐ ☒ ☐
b) Conflict with an applicable plan, policy or regulation adopted
for the purpose of reducing the emissions of greenhouse gases? 21 ☐ ☐ ☒ ☐
Evaluation
In response to climate change, California implemented Assembly Bill (AB) 32, the “California Global Warming Solutions Act
of 2006.” AB 32 required the reduction of statewide GHG emissions to 1990 emissions levels (essentially a 15 percent reduction
below 2005 emission levels) by 2020 and the adoption of rules and regulations to achieve the maximum technologically feasible
and cost-effective GHG emissions reductions. On September 8, 2016, the Governor signed Senate Bill 32 into law, extending
AB 32 by requiring the State to further reduce GHG emissions to 40 percent below 1990 levels by 2030 (the other provisions of
AB 32 remain unchanged). On December 14, 2017, CARB adopted the 2017 Scoping Plan, which provides a framework for
achieving the 2030 target. The 2017 Scoping Plan relies on the continuation and expansion of existing policies and regulations,
such as the Cap-and-Trade Program and the Low Carbon Fuel Standard, and implementation of recently adopted policies and
legislation, such as Senate Bill 1383 (aimed at reducing short-lived climate pollutants including methane, hydrofluorocarbon
gases, and anthropogenic black carbon) and Senate Bill 100. The 2017 Scoping Plan does not provide project-level thresholds
for land use development. Instead, it recommends local governments adopt policies and locally appropriate quantitative
thresholds consistent with a statewide per capita goal of six metric tons (MT) of CO2e by 2030 and two MT of CO2e by 2050
(CARB 2017).
The City adopted a Climate Action Plan which establishes 2030 GHG emissions targets and a communitywide goal of carbon
neutrality by 2035 (City of San Luis Obispo 2020a). The City adopted project-specific CEQA GHG emissions thresholds for
residential, nonresidential, and mixed-use development. In addition, the City has adopted a GHG Emissions Compliance
Checklist which is designed to assist with determining a project’s consistency with the Climate Action Plan and other applicable
regulations and provide a streamlined review process subject to CEQA (City of San Luis Obispo 2020b).
a; b) Project construction would generate temporary GHG emissions as a result of the operation of construction equipment
on site as well as from vehicles transporting construction workers and material deliveries. Pursuant to CEQA Guidelines
Section 15183.5, the significance of project emissions is determined by evaluating project consistency with the GHG
emission reduction goals and policies of the City’s Climate Action Plan. Table 6 summarizes the Project’s consistency
with the City’s Climate Action Plan, evaluated through the GHG Emissions Compliance Checklist measures that are
applicable to the proposed Project (City of San Luis Obispo 2020a). As shown therein, the Project would be consistent
with the applicable goals and policies of the Climate Action Plan. Therefore, the Project would not generate GHG
emissions that would have a significant impact on the environment or conflict with an applicable plan, policy, or
regulation adopted for the purpose of reducing emissions of greenhouse gas. This impact would be less than significant.
Table 6: Project Consistency with the Climate Action Plan
Climate Action Plan Measures Project Consistency
Pillar 4: Connected Community
6a. Is the estimated Project/Plan-generated Vehicle
Miles Traveled (VMT) within the City’s adopted
thresholds, as confirmed by the City’s Transportation
Division?
Consistent. Trips associated with the
Project would be limited during
construction activities, not exceeding the
City’s threshold of significance (110
trips per day). For more information,
refer to Section 17, Transportation.
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7. Does the Project/Plan demonstrate consistency with
the City’s Bicycle Transportation Plan?
Consistent. The construction contractor
would be required to provide adequate
width to allow bike lane travel adjacent
to Pismo Street or provide clear posting
that the bicycle lane is closed, pursuant
to the Traffic Control Plan that would be
submitted for the Project. Construction
would be temporary and would not
substantially disrupt bicycle circulation.
Pillar 6: Natural Solutions
9. Does the Project/Plan comply with Municipal Code
requirements for trees?
Consistent. The cutting of one
sycamore tree and four willow trees
would occur in compliance with
Municipal Code Chapter 12.24. In
addition, five oak trees that were present
when the baseline for the environmental
process was established have been
removed from the Project area during
winter 2022 under an emergency permit.
This analysis anticipates the tree
removal will require 1:1 replacement for
the removed trees pursuant to the
requirements of the emergency permit.
Source: City of San Luis Obispo 2020a
Mitigation Measures
No mitigation measures are required.
Conclusion
No significant impacts regarding greenhouse gasses would occur. Therefore, no mitigation would be required.
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9. HAZARDS AND HAZARDOUS MATERIALS
Would the project:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous
materials?
n/a ☐ ☐ ☒ ☐
b) Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident conditions
involving the release of hazardous materials into the
environment?
n/a ☐ ☐ ☒ ☐
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school?
n/a ☐ ☐ ☒ ☐
d) Be located on a site which is included on a list of hazardous
materials sites compiled pursuant to Government Code Section
65962.5 and, as a result, would it create a significant hazard to
the public or the environment?
8, 48,
51 ☐ ☐ ☐ ☒
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 or excessive noise for people residing or working in the
project area?
25 ☐ ☐ ☐ ☒
f) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency evacuation
plan?
23 ☐ ☐ ☒ ☐
g) Expose people or structures, either directly or indirectly, to a
significant risk of loss, injury, or death involving wildland
fires?
6 ☐ ☐ ☒ ☐
Evaluation
The following databases were reviewed in July 2022 for known hazardous material contamination at the Project Site:
The State Water Resource Control Board’s (SWRCB) Geotracker database
The California Department of Toxic Substances Control’s (DTSC) EnviroStor database
The Superfund Enterprise Management System (SEMS) database
The Project Site does not appear on any hazardous material site list compiled pursuant to Government Code Section 65962.5
(DTSC 2022; SWRCB 2022; U.S. EPA 2022). The closest hazardous material sites include a case-closed Leaking Underground
Storage Tank (LUST) site located approximately 315 feet southeast and an active case State Response site located approximately
1,322 feet west of the Project Site (DTSC 2022; SWRCB 2022). The Project Site is not located within any adopted airport land
use plan. There is one school, San Luis Obispo High School, located within 0.25-mile of the Project Site.
a;b;c) The Project would not involve the routine use or disposal of hazardous materials, as Project activities would only last
the duration of the construction phase (approximately five months), and no permanent Project features would involve
the operational use or disposal of hazardous materials. San Luis Obispo High School is located approximately 0.12-
mile east of the Project Site, separated from the Project Site by residential and commercial properties and roadways.
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During construction, the presence of construction equipment would require the use of diesel fuel, gasoline, motor oil,
and other similar materials. Such materials would be property handled and disposed of in accordance with applicable
regulations. Reasonably foreseeable conditions that could lead to a release of hazardous materials during Project
activities include accidents during construction or refueling activities, such as the overturning of a backhoe on a sloped
embankment. Construction personnel would be required to have the necessary training and/or certifications to operate
equipment used during Project activities, minimizing the risk of accidental release of hazardous materials due to
equipment failure. The Project would not increase, encourage, or otherwise facilitate the transportation of hazardous
materials above existing conditions. The amount of fuels and oil to power construction equipment would be typical of
similar projects, and such minimal use of fuels would not adversely affect San Luis Obispo High School. No long-term
operational impacts related to the routine transport, handling, or disposal of hazardous materials would result from the
Project. Therefore, the Project would not create a significant hazard to the public or environment through the routine
transport, use, or disposal of hazardous materials, or through reasonably foreseeable upset and accident conditions
involving the release of hazardous materials. These impacts would be less than significant.
d) The Project Site is not included on any lists of hazardous materials compiled pursuant to Government Code Section
65962.5 (DTSC 2022; SWRCB 2022; U.S. EPA 2022). Therefore, the Project would not create a significant hazard to
the public or environment due to being located on a hazardous materials site compiled pursuant to Government Code
Section 65962.5. No impact would occur.
e) The closest airport to the Project Site is the San Luis Obispo County Regional Airport, approximately 2.97 miles
southeast of the Project Site. The Project Site is not located within any adopted airport land use plan. As such, the
Project would not result in a safety hazard or excessive noise for working at the Project Site. No impact would occur.
f) Pursuant to the City’s Specifications and Engineering Standards, the construction contractor would be required to create
a temporary traffic control plan that adheres to standards for emergency access in order to allow the construction staging
area encroach into Pismo Street (City of San Luis Obispo 2020c). The traffic control plan would address required
equipment, barricading, flagmen, use of pilot vehicles, signing, tapers, and other components required to maintain traffic
circulation. The traffic control plan is required to address how traffic would be routed, including traffic from cross
streets, alleys, and private driveways. The traffic control plan would be subject to the approval of the City Engineer
prior to the start of construction activities. Thus, the project would not interfere with traffic management such that it
would conflict with City emergency response or evacuation plans. The project would not conflict with adopted
emergency response plan or emergency evacuation plan. This impact would be less than significant.
g) The Project Site is located within a Local Responsibility Area and is not within a Very High Fire Hazard Severity Zone,
as defined by the California Department of Forestry and Fire Protection (CAL FIRE) (CAL FIRE 2022). California
Public Resources Code Section 4442 mandates the use of spark arrestors, which prevent the emission of flammable
debris from exhaust on earth-moving and portable construction equipment with internal combustion engines that are
operating on any forest-covered, brush-covered, or grass-covered land. California Public Resources Code Section 4428
requires construction contractors to maintain fire suppression equipment during the highest fire danger period (April
1st to December 1st) when operating on or near any forest-covered, brush-covered, or grass-covered land. Therefore,
through regulatory compliance, the Project would not expose people or structures, directly or indirectly, to a significant
risk of loss, injury, or death involving wildland fires. This impact would be less than significant.
Mitigation Measures
No mitigation measures are required.
Conclusion
No significant impacts regarding hazards and hazardous materials would occur. Therefore, no mitigation would be required.
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10. HYDROLOGY AND WATER QUALITY
Would the project:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Violate any water quality standards or waste discharge
requirements or otherwise substantially degrade surface or
ground water quality?
n/a ☐ ☒ ☐ ☐
b) Substantially decrease groundwater supplies or interfere
substantially with groundwater recharge such that the project
may impede sustainable groundwater management of the
basin?
10 ☐ ☐ ☒ ☐
c) Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a stream
or river or through the addition of impervious surfaces, in a
manner which would:
i. Result in substantial erosion or siltation on or off site; n/a ☐ ☒ ☐ ☐
ii. Substantially increase the rate or amount of surface runoff
in a manner which would result in flooding on- or offsite; n/a ☐ ☐ ☒ ☐
iii. 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; or
n/a ☐ ☒ ☐ ☐
iv. Impede or redirect flood flows? n/a ☐ ☒ ☐ ☐
d) In flood hazard, tsunami, or seiche zones, risk release of
pollutants due to project inundation? 27, 32 ☐ ☐ ☒ ☐
e) Conflict with or obstruct implementation of a water quality
control plan or sustainable groundwater management plan? 10 ☐ ☐ ☐ ☒
Evaluation
The San Luis Obispo Creek watershed is an approximately 53,271-acre coastal basin in southern San Luis Obispo County, which
rises to an elevation of about 2,500 feet above sea level in the Santa Lucia Range. San Luis Obispo Creek flows to the Pacific
Ocean and has six major tributary basins: Stenner Creek, Prefumo Creek, Laguna Lake, East Branch San Luis Obispo Creek,
Davenport Creek, and See Canyon. The creek flows through the City and empties into the Pacific Ocean just west of Avila
Beach.
USACE regulatory jurisdiction under Section 404 of the CWA extends to work in, over, and under waters of the United States
that results in a discharge of dredged or fill materials within USACE jurisdiction. San Luis Obispo Creek is considered
jurisdictional waters of the United States by the USACE. Section 401 of the CWA functions to ensure that federally permitted
activities comply with the federal CWA and other state-mandated water quality laws. Section 401 is implemented through a
review process that is conducted by the RWQCB and is typically triggered by the Section 404 permitting process. The RWQCB
issues a Water Quality Certification via the Section 401 process that ensures a proposed project complies with applicable effluent
limitations, water quality standards, and other conditions of state law. Evaluating the effects of the project on both water quality
and quantity (runoff) falls under the jurisdiction of the RWQCB.
Under the Porter-Cologne Act, “waters of the State” fall under the jurisdiction of the SWRCB and RWQCBs. The RWQCBs
must prepare and periodically update water quality control basin plans. Each basin plan sets forth water quality standards for
surface water and groundwater, as well as actions to control non-point and point sources of pollution to achieve and maintain
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these standards. In most cases, the RWQCBs seek to protect these beneficial uses by requiring the integration of water quality
control measures into projects that would result in discharge into waters of the State.
The San Luis Obispo Creek Watershed Enhancement Plan was prepared to guide local restoration partners and provide
recommendations for continued enhancement projects within the San Luis Obispo Creek watershed. This plan also identifies
critical issues facing the watershed such as degradation of steelhead trout instream habitat and prevalence of migration barriers,
low-quality riparian vegetation buffers, and surface water quality, and identifies recommendations to address them. Lastly, the
plan identifies specific restoration and enhancement projects based on the critical issues identified (The Land Conservancy of
San Luis Obispo County 2002).
Based on Federal Emergency Management Agency (FEMA) National Flood Hazard Layer (NFHL) Viewer, the Project Site is
within a 100-year flood zone (FEMA 2012). The FEMA 100-year flood zone identifies areas that would be subject to inundation
in a 100-year storm event, or a storm with a 1% chance of occurring in any given year.
In 2015, the state legislature approved the Sustainable Groundwater Management Act (SGMA). SGMA requires governments
and water agencies of high and medium priority basins to halt overdraft and bring groundwater basins into balanced levels of
pumping and recharge. Under SGMA, these basins should reach sustainability within 20 years of implementing their
sustainability plans. The project is located within the San Luis Obispo Valley Groundwater Basin, which has been designated by
the California Department of Water Resources (DWR) as a high-priority basin (DWR 2022). The County and City formed
Groundwater Sustainability Agencies (GSAs) within their respective jurisdictions to ensure full compliance with SGMA
throughout the entire San Luis Obispo Valley Groundwater Basin. The City is the GSA with jurisdiction over the Project Site
(City of San Luis Obispo Department of Public Works 2022).
a;c.iii;c.iv) Construction activities within the San Luis Obispo Creek banks would occur between June 1st and October 15th,
concurrent with the dry season, which reduces the risk of erosion and spills occurring during construction activities. The
Project requires dewatering and diverting the existing San Luis Obispo Creek flows at the active work area by piping
water from upstream to downstream of active construction activities which would temporarily redirect flows during
construction. Although the Project would repair drainage control infrastructure which would minimize the likelihood of
additional polluted runoff due to failure, construction activities could introduce pollutants into the San Luis Obispo
Creek, which would be a potentially significant impact.
As described in Section 4, Biological Resources, the Project would be required to implement BMPs consistent with
Mitigation Measure BIO-3. These BMPs include, but are not limited to, checking vehicles daily for leaks; use of mats
and drip pans to contain leaks; use of berms, burlap-wrapped fiber rolls, jute netting, sand/gravel bags, or other method
of stabilization to prevent sediment entering the creek; prohibiting refueling, cleaning, or maintenance of equipment or
vehicles within the creek channel; retention of spill kits; and cleaning of off-site loose construction and landscape
materials. Furthermore, implementation of Mitigation Measure BIO-3 would preclude stream diversion activities from
occurring during the wet season during which flood flows may occur, which would reduce the potential for inundation
from flooding during construction activities. The diversion pipe would be removed during the winter when construction
activities would not be occurring within the creek channel. Implementation of Mitigation Measure BIO-3 would ensure
Project construction activities would not violate water quality standards or waste discharge requirements or otherwise
substantially degrade surface or water quality, provide substantial additional polluted runoff, or impede or redirect flood
flows. At the completion of construction, modifications to the Project Site would not cause an increase in water quality
degradation beyond existing operational conditions. Therefore, impacts would be less than significant with mitigation
incorporated.
b) The Project would repair drainage control infrastructure along the banks of an approximately 180-linear foot stretch of
San Luis Obispo Creek. No groundwater supplies would be required for the Project, and no additional impervious
surfaces would be installed. Therefore, the Project would not substantially decrease groundwater supplies or
substantially interfere with groundwater recharge such that the project would impede sustainable groundwater
management of the basin. This impact would be less than significant.
c.i) Based on historic creek flow data, San Luis Obispo Creek is a perennial creek which may have water flowing through
the channel during the five-month construction schedule (Creek Lands Conservation 2019). Diversion during
construction would be provided by one 24-inch diameter diversion pipe, 210 feet long, which would extend from the
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upper check dam to the lower check dam. The upper check dams would extend the entire width of the channel from
wall to wall under the Johnson Avenue Bridge. An additional temporary check dam would be added within the Project
Site just downstream of the limits of flood bench excavation within the creek channel. A sump pump placed between
the two upper check dams and connected to 200 feet of 4-inch diameter pressure pipe, which would outlet just
downstream of the lower check dam. Proposed Project construction in the San Luis Obispo Creek channel may result
in substantial erosion or siltation on or off site, which would be a potentially significant impact.
The Project would be required implement BMPs consistent with Mitigation Measure BIO-3 that would reduce impacts
to water quality, including the risk of soil erosion. Furthermore, as stated in Section 4, Biological Resources, and Section
7, Geology and Soils, the Project would be constructed in compliance with the requirements of the Clean Water Act
Section 401 Water Quality Certification and Section 404 permit for fill activities associated with the Project, and would
include implementation of adequate erosion and sediment controls pursuant to Municipal Code Section 12.08.260.
Adherence to these statutes and Mitigation Measure BIO-3 would ensure the Project would not result in substantial
erosion or siltation on- or off-site. Therefore, this impact would be less than significant with mitigation incorporated.
c.ii) During construction, the Project would temporarily divert surface water within San Luis Obispo Creek through a double
check dam diversion system. Once complete, the Project would not introduce new impervious surfaces that would
substantially alter the existing drainage pattern of the site. The Project would be constructed during the dry season,
which would reduce the potential for inundation from flooding during construction activities. In addition, Project
activities would include the excavation of sediment buildup which would expand creek capacity. In turn, this would
reduce the long-term potential for on- and off-site flooding. As a result, the Project would improve flood capacity and
would not substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-
or off-site. This impact would be less than significant.
d) The City of San Luis Obispo is not subject to inundation from tsunami or seiche (City of San Luis Obispo 2014c). The
Project Site is within a 100-year flood zone (FEMA 2012). Facilities or construction activities that use or store large
quantities of hazardous materials could harm the environment if inundated by a flood resulting from a storm event or
dam failure. As discussed in Section 9, Hazards and Hazardous Materials, the Project would not involve the routine
use or disposal of hazardous materials beyond the construction period, as Project activities would only last the duration
of construction (approximately five months), and no permanent features would be constructed that would involve the
use or disposal of hazardous materials. The Project would be constructed during the dry season, which would reduce
the risk of inundation from flooding. Operation of the project would not introduce new pollutants to the project site or
result in a change to the existing flood patterns, as the Project Site would have improved flood capacity compared to
existing conditions once construction activities have concluded. The Project would also reduce risk of release of
pollutants resulting from erosion within the San Luis Obispo Creek by repairing drainage control infrastructure along
the banks of an approximately 180-linear foot stretch of the creek. As a result, risk of pollutant release due to project
inundation in a flood hazard would be less than significant.
e) The Project would not require the use of groundwater supplies or interfere with groundwater recharge. Therefore, the
Project would not conflict with or obstruct implementation of a sustainable groundwater management plan. No impact
would occur.
Mitigation Measures
Implement Mitigation Measure BIO-3.
Conclusion
With implementation of Mitigation Measure BIO-3, Project impacts to hydrology and water quality would be reduced to a less-
than-significant level.
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11. LAND USE AND PLANNING
Would the project:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Physically divide an established community? 23 ☐ ☐ ☐ ☒
b) Cause a significant environmental impact due to a conflict with
any land use plan, policy, or regulation adopted for the purpose
of avoiding or mitigating an environmental effect?
14 ☐ ☒ ☐ ☐
Evaluation
The 0.35-acre Project Site is located on portions of APNs 002-341-007 and 002-341-016, which total approximately 0.73-acre
(City of San Luis Obispo 2022a). APN 002-341-007 is zoned Office (O) while APN 002-341-016 is zoned as Medium Density
Residential (R-2). The Project Site is surrounded by residential properties to the southwest, and residential and commercial uses
to the northwest. Single family residences are located to the north, south, and east, across the intersections of Johnson Avenue
and Pismo Street.
a) Construction staging would occur at the northwest side of Pismo Street, from Johnson Avenue to approximately 200 feet
southwest of the Johnson Avenue intersection. Construction staging would maintain local access for residents near the
Project Site to the extent practicable throughout construction of the Project in compliance with temporary traffic control
measures specified within the City’s Standard Specifications & Engineering Standards (City of San Luis Obispo 2020c). In
addition, construction would be temporary, lasting approximately five months. Project components would not have the
potential to physically divide an established community because the Project would be located within the San Luis Obispo
Creek, and thus traverse adjacent to and beneath existing residential and commercial uses. Therefore, no impact would occur.
b) Pursuant to Municipal Code Section 16.18.155, creeks and their corridors are to be preserved as open space, and creek
corridors are to be maintained in essentially a natural state to protection the community’s water quality, wildlife diversity,
and aesthetic value (City of San Luis Obispo 2022b). The Project would repair drainage control infrastructure along the
banks of an approximately 180-linear foot stretch of San Luis Obispo Creek which, if left as-is would continue to result in
impaired drainage control, exposure of native soil, and could lead to impaired water quality within the San Luis Obispo
Creek. The Project would allow for the necessary repair of existing concrete slope protection which would maintain the
quality of the San Luis Obispo Creek, pursuant to San Luis Obispo Municipal Code Section 16.18.155. Implementation of
Mitigation Measures BIO-4, BIO-11, and BIO-12 require invasive species management, onsite biological monitoring, and
implementation of an HMMP. Implementation of these required mitigation measures would protect creek habitat and its
waters, pursuant to applicable federal, State, and local regulations, as well as City General Plan goals and policies. Therefore,
with incorporation of Mitigation Measures BIO-4, BIO-11, and BIO-12, the Project would not conflict with any land use
plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. This impact would be
less than significant with mitigation incorporated.
Mitigation Measures
Implement Mitigation Measures BIO-4, BIO-11, and BIO-12.
Conclusion
With implementation of Mitigation Measures BIO-4, BIO-11, and BIO-12, Project impacts associated with land use and planning
would be reduced to a less-than-significant level.
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12. MINERAL RESOURCES
Would the project:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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?
4 ☐ ☐ ☐ ☒
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?
4 ☐ ☐ ☐ ☒
Evaluation
Pursuant to Policy 6.5.1 of the Conservation and Open Space Element of the City’s General Plan, mineral extraction is prohibited
within City limits (City of San Luis Obispo 2014b).
a;b) The Project Site is on land classified as a Mineral Resources Zone-3, a classification where mineral resources of unknown
significance exist (DOC 1989). The Project Site is within an existing urbanized area of the City and the Conservation and
Open Space Element of the City’s General Plan prohibits mineral extraction at the Project Site. As such, the Project would
not 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. Therefore, no impacts would occur.
Mitigation Measures
No mitigation measures are required.
Conclusion
No significant impacts to mineral resources would occur. Therefore, no mitigation measures are required.
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13. NOISE
Would the project result in:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Generation of a substantial temporary or permanent increase in
ambient noise levels in the vicinity of the project in excess of
standards established in the local general plan or noise
ordinance, or applicable standards of other agencies?
25 ☐ ☒ ☐ ☐
b) Generation of excessive groundborne vibration or groundborne
noise levels? 25 ☐ ☐ ☒ ☐
c) For a project located within the vicinity of a private airstrip or
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?
25 ☐ ☐ ☐ ☒
Evaluation
Sound is a vibratory disturbance created by a moving or vibrating source, which is capable of being detected by the hearing
organs. Noise is defined as sound that is loud, unpleasant, unexpected, or undesired and may therefore be classified as a more
specific group of sounds. The effects of noise on people can include general annoyance, interference with speech communication,
sleep disturbance, and, in the extreme, hearing impairment (Caltrans 2013). Noise levels are commonly measured in decibels
(dB) using the A-weighted sound pressure level (dBA). The A-weighting scale is an adjustment to the actual sound pressure
levels so that they are consistent with the human hearing response. Decibels are measured on a logarithmic scale that quantifies
sound intensity. Groundborne vibration of concern in environmental analysis consists of the oscillatory waves that move from a
source through the ground to adjacent buildings or structures and vibration energy may propagate through the buildings or
structures. Vibration may be felt, may manifest as an audible low-frequency rumbling noise (referred to as groundborne noise),
and may cause windows, items on shelves, and pictures on walls to rattle. Although groundborne vibration is sometimes
noticeable in outdoor environments, it is almost never annoying to people who are outdoors. The primary concern from vibration
is that it can be intrusive and annoying to building occupants at vibration-sensitive land uses and may cause structural damage.
The City Municipal Code Chapter 9.12 - Noise Control, mandates that operating tools or equipment used for construction
activities between weekday hours of 7:00 p.m. and 7:00 a.m. or any time on Sundays or holidays is strictly prohibited, except
for emergency works of public service utilities or by exception issued by the City Community Development Department. The
Municipal Code also states that construction activities shall be conducted in such a manner, where technically and economically
feasible, that the maximum noise levels at affected properties shall not exceed 75 dBA at single-family residences, 80 dBA at
multi-family residences, and 85 dBA at mixed residential/commercial uses. The Municipal Code prohibits operating any device
that creates ground vibration above the vibration perception threshold of an individual at or beyond 150 feet from the source on
a public space or right-of-way (City of San Luis Obispo 2022b).
Noise exposure for various types of land uses reflect the varying noise sensitivities associated with those uses. Sensitive receptors
typically include residences, schools, healthcare facilities, and other live-in housing facilities such as prisons or dormitories. The
closest sensitive receptors to the Project Site are residential properties located approximately 12 feet southwest from the Project
Site’s eastern terminus and 20 feet north of the Project’s northern boundary. According to the City, ambient noise levels are
approximately 65 dB at the Project Site from the roadway centerline of Johnson Avenue (City of San Luis Obispo 2014a). With
regard to human perception, vibration levels would begin to be perceptible at levels of 0.04 inches per second peak particle
velocity (in/sec ppv) for continuous events and 0.25 in/sec ppv for transient events.
a) Short-Term Construction Noise. The Project Site is located within the vicinity of existing residences on Pismo Street and
Johnson Avenue. During construction, noise from construction equipment, site disturbance, and other Project activities may
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CITY OF SAN LUIS OBISPO 52 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
temporarily and intermittently dominate the noise environment in the immediate area. Typical noise levels produced by
common construction equipment are provided in Table 7 below.
Table 7: Typical Noise Levels for Construction Equipment
Equipment Type Typical Noise Level (dBA) 50 Feet from Source
Backhoe 80
Concrete Mixer 85
Concrete Pump 82
Crane, Mobile 83
Dozer 85
Heavy Truck 84
Jack Hammer 88
Paver 85
Pneumatic Tool 85
Scraper 85
Source: City of San Luis Obispo 2014a
The nearest residential properties would be exposed to intermittent and temporary construction noise levels that exceed
Municipal Code noise standards for construction near single-family residential properties. As such, there would be a
potentially significant temporary impact to surrounding residences.
Mitigation Measures N-1 and N-2 require implementation of standard noise BMPs, such as the use of electric or
hydraulically powered impact tools wherever feasible, and requirements for signs and briefing of construction employees
regarding all noise control measures to be implemented throughout the construction phase. The Municipal Code states,
where technically and economically feasible, construction activities shall be conducted in such a manner that the maximum
noise levels at affected properties will not exceed listed thresholds. Mitigation Measures N-1 and N-2 serve as mitigation
that would lower temporary and intermittent noise levels to the extent technically and economically feasible. Upon
implementation of Mitigation Measures N-1 and N-2, Project construction activities would not result in a generation of a
substantial increase in ambient noise levels in exceedance of applicable regulatory thresholds. Therefore, impacts concerning
construction noise would be less than significant with mitigation incorporated.
Long-Term Operational Noise. The Project would not introduce any long-term operational noise sources. Project
components would replace existing damaged infrastructure and would be similar to existing equipment. No impact
concerning long-term operational noise would occur.
b) Use of heavy equipment, such as the jackhammer, would generate temporary and intermittent groundborne noise or
groundborne vibration during construction. These construction activities would be periodic, limited in duration, and
consistent with other standard construction activities. Vibration levels would begin to be perceptible at levels of 0.04 in/sec
ppv for continuous events and 0.25 in/sec ppv for transient events. Groundborne vibration levels associated with
representative construction equipment are summarized in Table 8 below.
Table 8: Representative Vibration Source Levels for Construction Equipment
Equipment Peak Particle Velocity at 25 Feet (inches/second)
Loaded trucks 0.076
Jackhammer 0.035
Small Bulldozers 0.0003
Source: City of San Luis Obispo 2014a
As shown in Table 8, equipment that would be used intermittently during temporary Project construction activities lasting
approximately five months would be well below the 0.25 in/sec ppv threshold for transient groundborne vibration levels
perceptible to humans. Therefore, the Project would not generate excessive groundborne vibration or groundborne noise
levels. This impact would be less than significant.
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c) The Project Site is not located within the vicinity of any airport land use plan or within two miles of a private airport. The
closest airport is the San Luis Obispo County Regional Airport, approximately 2.97 miles southeast of the Project Site. The
Project would not add new residents to the Project Site, and given the distance to the nearest airport, the Project would not
expose construction workers to excessive noise levels associated with airport operations. Therefore, no impact would occur.
Mitigation Measures
N-1 Noise-Reducing Best Management Practices. For the entire duration of the construction phase of the project, the
following BMPs related to the reduction of construction noise shall be adhered to:
Stationary construction equipment that generates noise that exceeds 60 dBA at the project boundaries shall be
shielded with the most modern noise control devises (i.e. mufflers, lagging, and/or motor enclosures).
Impact tools (e.g., jack hammers, pavement breakers, rock drills, etc.) used for project construction shall be
hydraulically or electrically powered wherever possible to avoid noise associated with compressed-air exhaust from
pneumatically powered tools.
Where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed-air exhaust shall be used.
All construction equipment shall have the manufacturers’ recommended noise abatement methods installed, such
as mufflers, engine enclosures, and engine vibration insulators, intact and operational.
All construction equipment shall undergo inspection at periodic intervals to ensure proper maintenance and
presence of noise control devices (e.g., mufflers, shrouding, etc.).
Plan noisier operations and activities during times less sensitive to nearby receptors.
Maintain good public relations with surrounding community members and provide frequent activity updates of all
construction activities. Let all surrounding community members know that all noise-related complaints shall be
directed to the City Public Works Department.
N-2 City Approval and Personnel Briefing. Construction plans shall note construction hours, truck routes, and all
construction noise BMPs, and shall be reviewed and approved by the City Community Development Department prior
to issuance of grading/building permits. The City shall provide and post signs stating these restrictions at construction
entry sites prior to commencement of construction and maintained throughout the construction phase of the project. All
construction workers shall be briefed at a preconstruction meeting on construction hour limitations and how, why, and
where BMP measures are to be implemented. Noise-related complaints shall be directed to the City Public Works
Department.
Conclusion
With implementation of Mitigation Measures N-1 and N-2, noise impacts would be reduced to a less-than-significant level.
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14. POPULATION AND HOUSING
Would the project:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Induce substantial unplanned 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)?
n/a ☐ ☐ ☐ ☒
b) Displace substantial numbers of existing people or housing,
necessitating the construction of replacement housing
elsewhere?
14 ☐ ☐ ☐ ☒
Evaluation
As of January 1, 2022, San Luis Obispo County’s population was 280,721 with 264,529 households. As of January 1, 2022, the
City’s population was 47,653 persons, with 46,318 households (California Department of Finance [DOF] 2022).
a;b) The Project would not result in the construction of habitable structures or commercial/industrial uses, and would not induce
population growth. The Project would utilize a minor number of temporary construction personnel over the course of the
approximate five-month construction period. Construction equipment would be staged on the northwest side of Pismo Street
which would not interfere with existing residences. Once completed, the Project would not involve ongoing operational
uses that would result in new employment opportunities. The Project would not induce substantial unplanned population
growth in an area, either directly or indirectly, or require the displacement of existing people or housing. No impact would
occur.
Mitigation Measures
No mitigation measures are required.
Conclusion
No significant impacts to population and housing would occur. Therefore, no mitigation would be required.
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15. PUBLIC SERVICES
Would the project:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered
governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause
significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives
for any of the public services:
Fire protection? 45 ☐ ☐ ☐ ☒
Police protection? 46 ☐ ☐ ☐ ☒
Schools? 36 ☐ ☐ ☐ ☒
Parks? 20 ☐ ☐ ☐ ☒
Other public facilities? 29 ☐ ☐ ☐ ☒
Evaluation
The San Luis Obispo Fire Department (SLOFD) provides fire protection services for the City. The nearest fire station to the
Project Site, Station 1, is located at 2160 Santa Barbara Avenue, approximately 0.80-mile northeast of the Project Site. In 2021,
SLOFD maintained an average travel time of three minutes and 34 seconds, and 68 percent of responses were under seven
minutes total response time (SLOFD 2022).
The San Luis Obispo Police Department (SLOPD) provides public safety services for the City. SLOPD’s Operation Bureau
provides 24-hours emergency and non-emergency response, traffic enforcement, and neighborhood outreach (SLOPD 2022).
The SLOPD operates out of one police station located at 1042 Walnut Street, which is approximately 0.57-mile southeast of the
Project Site.
The Project Site is located within the service area of the San Luis Coastal Unified School District (San Luis Coastal Unified
School District 2022). There are 28 total City parks and 15 recreational facilities within the city, of which Mitchell Park is located
closest to the Project Site, approximately 0.21-mile northeast (City of San Luis Obispo 2021). The nearest library, the San Luis
Obispo Library, located at 995 Palm Street approximately 0.42-mile southeast of the Project Site, offers books, magazines,
newspapers, government publications, and access to computer technology (County of San Luis Obispo Public Libraries 2022).
a) The Project would not induce population growth, either directly or indirectly, or include any actions that would have the
potential to increase demand for fire protection, police protection, schools, libraries or other public services such that new
or physically altered public facilities would be warranted. Project activities would be temporary and would not be located
in an area that would interfere with the existing use of parks or recreational facilities. Therefore, the Project would not result
in substantial physical impacts associated with the provision of new or physically altered governmental facilities, the
construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response
times or other performance objectives for fire protection services, police protection services, schools, parks, or other public
facilities. No impacts would occur.
Mitigation Measures
Mitigation measures are not required.
Conclusion
No significant impacts to public services would occur. Therefore, no mitigation would be required.
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16. RECREATION
Would the project:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No
Impact
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?
20 ☐ ☐ ☐ ☒
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?
20 ☐ ☐ ☐ ☒
Evaluation
There are 28 City parks and 15 recreational facilities within the City including a golf course, sports complex, stadium, swim
center, community center, skate park, senior center, and community gardens. The City also owns and manages 13 open spaces
and recreational trails that cover approximately 4,050 acres (City of San Luis Obispo 2021).
a;b) The Project would not induce population growth, either directly or indirectly, that would have the potential to increase the
demand for parks or other recreational facilities. Temporary construction activities over an approximate five-month period
would not interfere with or prohibit the use of existing neighborhood or regional parks or other recreational facilities such
that other parks or recreational facilities would be utilized more frequently, and substantial physical deterioration of the
facility would occur or be accelerated. The Project does not include construction of recreational facilities and would not
require the construction or expansion of recreational facilities which might have an adverse physical effect on the
environment. Therefore, no impacts would occur.
Mitigation Measures
No mitigation measures are required.
Conclusion
No significant impacts to recreation would occur. Therefore, no mitigation would be required.
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17. TRANSPORTATION
Would the project:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Conflict with a program, plan, ordinance or policy addressing
the circulation system, including transit, roadway, bicycle and
pedestrian facilities?
23 ☐ ☐ ☒ ☐
b) Conflict or be inconsistent with CEQA Guidelines section
15064.3, subdivision (b)? 24 ☐ ☐ ☒ ☐
c) Substantially increase hazards due to a geometric design feature
(e.g., sharp curves or dangerous intersections) or incompatible
uses (e.g. farm equipment)?
25 ☐ ☐ ☒ ☐
d) Result in inadequate emergency access? 23 ☐ ☐ ☒ ☐
Evaluation
Regional access to the Project Site is available via Johnson Avenue and Pismo Street. Existing bicycle facilities located in the
vicinity of the Project Site include two Class II bicycle lanes, one of which is located on Pismo Street and spans the distance
from the intersection of Pismo Street southwest to Santa Rosa Street, and the other of which is on Johnson Avenue and spans
from Laurel Lane to Monterey Street and California Boulevard (City of San Luis Obispo 2022f). Public transit in the City is
provided by SLO Transit. SLO Transit Routes 1A and 1B travel on Johnson Avenue through the Pismo Street intersection. The
nearest bus stop to the Project Site is located at the intersection of Johnson Avenue and Marsh Street approximately 0.10-mile
northwest of the Project Site (City of San Luis Obispo 2022g).
a) Trips associated with Project activities would be limited to worker trips to and from the Project Site, delivery trips for heavy
equipment and construction tools, and trips to dispose of soil and other construction debris. Construction-related vehicle
trips would be temporary and would cease once construction is complete. The construction contractor would be required to
comply with the temporary traffic control provisions set forth in the City’s Standard Specifications and Engineering
Standards (City of San Luis Obispo 2020c). This document provides guidelines for traffic control during construction,
including maintaining traffic, specifications for flagging, pavement delineation, among other topics. In addition, a Traffic
Control Plan, compliant with the provisions set forth in the Caltrans Manual on Uniform Traffic Control Devices would be
required to be submitted and approved by the City Engineer prior to the start of construction activities. All traffic
coordination undertaken by the Project would require the City Engineer’s approval no fewer than three days prior to
implementation of traffic coordination activities (City of San Luis Obispo 2020c). Compliance with these existing standards
and measures would ensure that the Project would not conflict with a program, plan, ordinance or policy addressing the
circulation system, including transit, roadway, bicycle, and pedestrian facilities. This impact would be less than significant.
b) CEQA Guidelines Section 15064.3 describes specific considerations for evaluating a project’s transportation impacts.
Specifically, the guidelines state VMT exceeding an applicable threshold of significance may indicate a significant impact.
Pursuant to CEQA Guidelines Section 15064.3(b)(3), a lead agency may include a qualitative analysis of project-related
traffic.
The City has adopted VMT thresholds consistent with the thresholds and methodologies contained in the California
Governor’s Office of Planning and Research’s (OPR) Technical Advisory on Evaluating Transportation Impacts in CEQA
(City of San Luis Obispo 2020d). Per OPR guidance, the City states that projects anticipated to generate fewer than 110
daily vehicle trips may be assumed to result in a less-than-significant impact, unless substantial evidence indicates that a
project would generate a potentially significant level of VMT or conflict with the San Luis Obispo Council of Government’s
Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) (City of San Luis Obispo 2020d). Trips
associated with Project activities would be limited to worker trips to and from the Project Site, delivery trips for heavy
equipment and construction tools, and trips to dispose of soil and other construction debris. The anticipated vehicle trips
necessary to support project construction would not exceed 110 trips per day. Minimal construction personnel would
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generate low VMT due to temporary and intermittent vehicle trips to the Project Site. Construction-related trips would cease
once the construction period is complete. The Project would not change existing roadways, increase commercial or
residential development in the area, generate growth, or create an increase in traffic such that inconsistencies with the
RTP/SCS would occur. Therefore, the Project would not conflict or be inconsistent with CEQA Guidelines Section
15064.3(b), and this impact would be less than significant.
c) The Project would not alter or affect the existing street and intersection network in its vicinity. Construction equipment,
vehicles, and machinery would be utilized within the Project Site and staging area. As discussed under criterion (a), traffic
control measures would be implemented to maintain traffic control and public safety during construction activities, including
transportation of necessary equipment to the Project Site. In addition, the staging area on the northwest side of Pismo Street
would be clearly delineated outside of existing travel lanes, such that it would not present a significant hazard. At the
completion of the construction phase, equipment would be removed, and the Project Site would not have any new geometric
design features or incompatible uses that would increase hazards for vehicular and pedestrian traffic. Therefore, the Project
would not substantially increase hazards due to a geometric design feature or incompatible uses. This impact would be less
than significant.
d) Traffic impacts during Project construction would primarily be associated with minor roadway delays during construction,
vehicle and equipment staging, and truck deliveries to the Project Site. Construction staging on the northwest end of Pismo
Street would occur, necessitating the temporary rerouting of traffic heading west on Pismo Street at this intersection during
construction activities. Vehicular traffic would be rerouted around Pismo Street during construction. This traffic obstruction
would be temporary, ending once construction is completed. Pursuant to the City’s Standard Specifications and Engineering
Standards, the construction contractor would be required to provide advanced notification of traffic delays to local
emergency responders (City of San Luis Obispo 2020c). As discussed under criterion (a), the Project would be required to
create a temporary traffic control plan that adheres to standards for emergency access, among other requirements.
Furthermore, temporary closure of Pismo Street, a one-lane one-way street, would not substantially impact emergency access
as access can be provided through numerous other streets in the urbanized area such as Marsh Street and Johnson Avenue.
Therefore, the Project would not result in inadequate emergency access. This impact would be less than significant.
Mitigation Measures
No mitigation measures are required.
Conclusion
No significant transportation related impacts would occur. Therefore, no mitigation would be required.
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18. TRIBAL CULTURAL RESOURCES
Would the project cause a substantial adverse change in the
significance of a tribal cultural resource, defined in Public Resources
Code Section 21074 as either a site, feature, place, or cultural
landscape that is geographically defined in terms of the size and
scope of the landscape, sacred place, or object with cultural value to
a California Native American tribe, and that is: Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Listed or eligible for listing in the California Register of
Historical Resources, or in a local register of historical
resources as defined in Public Resources Code Section
5020.1(k)?
n/a ☐ ☒ ☐ ☐
b) 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 5024.1? In applying the criteria set forth in subdivision
(c) of Public Resources Code Section 5024.1, the lead agency
shall consider the significance of the resource to a California
Native American tribe.
n/a ☐ ☒ ☐ ☐
Evaluation
As of July 1, 2015, California Assembly Bill 52 of 2014 (AB 52) was enacted and expands CEQA by defining a new resource
category, “tribal cultural resources.” AB 52 establishes that “a project with an effect that may cause a substantial adverse change
in the significance of a tribal cultural resource is a project that may have a significant effect on the environment” (PRC Section
21084.2). It further states that the lead agency shall establish measures to avoid impacts that would alter the significant
characteristics of a tribal cultural resource, when feasible (PRC Section 21084.3).
PRC Section 21074 (a)(1)(A-B) defines tribal cultural resources as “sites, features, places, cultural landscapes, sacred places,
and objects with cultural value to a California Native American tribe” and are:
1. Listed or eligible for listing in the CRHR, or in a local register of historical resources as defined in PRC Section 5020.1(k),
or
2. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant
to criteria set forth in PRC Section 5024.1(c). In applying these criteria, the lead agency shall consider the significance of
the resource to a California Native American tribe.
The City sent notification letters to listed tribal contacts in the region on August 16, 2022, which included the Santa Ynez Band
of Mission Indians, the Barbareno/Ventureno Band of Mission Indians, the Salinan Tribe of Monterey and San Luis Obispo
County, the Xolon-Salian Tribe, Yak Tityu Tityu – Northern Chumash Tribe, the Northern Chumash Tribal Council, the Torres
Martinez Desert Cahuilla Indians, the Chumash Council of Bakersfield, the Coastal Band of the Chumash Nation, and the San
Luis Obispo County Chumash Council. One response was received from the Salinan Tribe of Monterey and San Luis Obispo
County on August 26th, 2022 requesting a consultation meeting to discuss concerns of undiscovered cultural resources in the
project area. The City has contacted the Tribe and is currently in consultation with the Tribe regarding construction management
practices and monitoring of disturbed soils during project construction. Pursuant to PRC §21080.3.1 (b) the request for
consultation window concluded September 30th, 2022.
a;b) During preparation of the Cultural Resources Assessment, Rincon contacted the NAHC on December 17, 2021, requesting
an SLF search for traditional cultural resources. The NAHC responded on March 11, 2022, indicating the results of the SLF
search was positive, meaning traditional cultural resources are present within the SLF search area. The NAHC provided a
consultation list of 14 Native American groups within traditional lands or cultural places located within the SLF search area
(Attachment C).
SLF searches are conducted by using USGS quadrangle maps, each of which covers an approximately 50- to 70-square-
mile area, and the NAHC does not provide the specific location of tribal heritage resources (Attachment C). Consequently,
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a positive SLF search does not explicitly indicate the presence of tribal cultural resources on the Project Site. However,
based on the positive results of the SLF search, the Project Site could have the potential to contain tribal cultural resources
that could be eligible for listing in the CRHR or local register, or considered to be a tribal cultural resource under CEQA.
As discussed in Section 5, Cultural Resources, the potential to encounter archaeological resources during ground-disturbing
activities exists. If encountered, previously undiscovered cultural resources could potentially be considered eligible for
listing in the CRHR or a local register or be considered tribal cultural resources. As such, impacts to tribal cultural resources
would be potentially significant.
Mitigation Measures CR-1, CR-2, and CR-3 would implement a worker’s environmental awareness program, standard
procedures for the unanticipated discovery of cultural resources, require a Native American representative to participate in
the evaluation of unanticipated cultural resources discovered during construction activities, and enforce procedures for
Native American consultation in the event human remains are discovered. Upon implementation of Mitigation Measures
CR-1, CR-2, the Project would not cause a substantial adverse change in the significance of a tribal cultural resource.
Mitigation Measures
Mitigation Measures CR-1, CR-2, and CR-3 would implement a worker’s environmental awareness program, standard
procedures for the unanticipated discovery of cultural resources, require a Native American representative to participate in the
evaluation of unanticipated cultural resources discovered during construction activities, and enforce procedures for Native
American consultation in the event human remains are discovered.
During the AB 52 consultation window, the Salinan Tribe of Monterey and San Luis Obispo County requesting a consultation
meeting to discuss concerns of undiscovered cultural resources in the project area. The City consulted with the Tribe regarding
construction management practices and monitoring of disturbed soils during project construction. On December 2nd, 2022 the
Tribe informed the City that they are in agreement with the mitigation measures laid out in the Draft IS-MND for unanticipated
discoveries, and confirmed that no tribal monitoring is necessary during construction activities.
Conclusion
With implementation of Mitigation Measures CR-1, CR-2, and CR-3, Project impacts associated with tribal cultural resources
would be reduced to a less-than-significant level.
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19. UTILITIES AND SERVICE SYSTEMS
Would the project:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Require or result in the relocation or construction of new or
expanded water, wastewater treatment or storm water drainage,
electric power, natural gas, or telecommunications facilities, the
construction or relocation of which could cause significant
environmental effects?
n/a ☐ ☐ ☒ ☐
b) Have sufficient water supplies available to serve the project and
reasonably foreseeable future development during normal, dry,
and multiple dry years?
n/a ☐ ☐ ☒ ☐
c) 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?
n/a ☐ ☐ ☒ ☐
d) Generate solid waste in excess of State or local standards, or in
excess of the capacity of local infrastructure, or otherwise
impair the attainment of solid waste reduction goals?
14 ☐ ☐ ☒ ☐
e) Comply with federal, state, and local management and reduction
statutes and regulations related to solid waste? 14 ☐ ☐ ☒ ☐
Evaluation
The City’s Utilities Department provides water and wastewater services to the City (City of San Luis Obispo 2022c). Wastewater
generated within the City, California Polytechnic State University, San Luis Obispo, and the County airport is treated at the
Water Resource Recovery Facility (WRRF). The WRRF treats approximately 4.5 million gallons of wastewater daily (City of
San Luis Obispo 2022d). The City’s Utilities Department is also responsible for administering an agreement with the San Luis
Garbage Company for waste collection services (City of San Luis Obispo 2014a). There are three solid waste disposal facilities
within the County, and most solid waste collected in the City is disposed of at the Cold Canyon Landfill (City of San Luis Obispo
2014a). Cold Canyon Landfill has a maximum permitted capacity of 1,650 tons per day. (California Department of Resources,
Recycling, and Recovery [CalRecycle] 2020). As of 2020, the landfill’s estimated remaining capacity was 13,000,000 cubic
yards with an estimated closure date of December 2040 (CalRecycle 2020). Electricity services are provided by Pacific Gas &
Electric Company and natural gas services are provided by the Southern California Gas Company (City of San Luis Obispo
2022e).
a;b;c) As described under Section 10, Hydrology and Water Quality, construction activities would require minimum amounts
of water for dust suppression. Adequate water supplies would be available to meet the needs of the Project for dust
suppression purposes. In accordance with Municipal Code Section 13.07.070(c), potable City water would not be used
for major construction activities, such as grading and dust control, and would not be used to wash down sidewalks,
driveways, or parking areas except to alleviate immediate fire or sanitation hazards. Consequently, the Project would not
use the City’s drinking water for dust suppression. No buildings would be constructed that would result in new long-term
water demand. Minimal wastewater would be generated during temporary construction activities lasting approximately
five months that would be served by on-site portable restroom facilities. The Project would not include any use that would
require long-term wastewater discharge. Operation of the Project would not involve any activities that would increase
water demand. Therefore, the Project would have sufficient water supplies available, would not require or result in
relocation or construction of new or expanded water facilities, and would not exceed wastewater treatment demand
beyond existing conditions.
The repair of damaged infrastructure along the banks of an approximately 180-linear foot stretch of San Luis Obispo
Creek would assist in the prevention of additional failures of underlying soils and concrete slope prevention. This
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preventative measure would reduce the potential for adjacent infrastructure, including adjacent properties and buried
utilities, to be jeopardized due to soil or concrete failure. Thus, the Project would reduce the likelihood of stormwater
runoff due to structural failure. Furthermore, the Project would not substantially increase the amount of impervious
surfaces at or near the Project Site, nor would the Project increase the amount of stormwater runoff on-site. Therefore,
the Project would not require additional wastewater treatment or stormwater drainage facilities.
As discussed in Section 6, Energy, the Project would require minimal, temporary energy use throughout construction,
and construction equipment used would be typical of similar-sized construction projects in the region. Project operation
would not increase the demand for additional electric power or natural gas as compared to existing conditions. Therefore,
the Project would not require or result in additional electric power or natural gas facilities. Similarly, the Project would
not require the need for additional telecommunications facilities.
Overall, the Project would not require relocation or construction of new or expanded utilities facilities, increase water
demand, or result in inadequate wastewater treatment capacity. These impacts would be less than significant.
d;e) Project construction activities would generate construction waste. Cold Canyon Landfill has sufficient permitted capacity
to accommodate the Project’s temporary solid waste disposal needs associated with construction activities. Pursuant to
Assembly Bill 939 and Municipal Code Chapter 8.04, recoverable materials generated during construction would be
separated and recycled to minimize construction and waste exportation from the site, resulting in limited demand on the
landfills within the County (City of San Luis Obispo 2022b). Operation of the Project would not generate solid waste.
Therefore, the Project would not generate solid waste in excess of State or local standards, or in the excess of capacity of
local infrastructure, and the Project would comply with federal, state, and local management reduction statues and
regulations related to solid waste. These impacts would be less than significant.
Mitigation Measures
No mitigation measures are required.
Conclusion
No significant impacts to utilities and services systems would occur. Therefore, no mitigation would be required.
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20. WILDFIRE
If located in or near state responsibility areas or lands classified as
very high fire hazard severity zones, would the project:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Substantially impair an adopted emergency response plan or
emergency evacuation plan? 6 ☐ ☐ ☒ ☐
b) Due to slope, prevailing winds, and other factors, exacerbate
wildfire risks, and thereby expose project occupants to,
pollutant concentrations from a wildfire or the uncontrolled
spread of a wildfire?
6 ☐ ☐ ☒ ☐
c) Require the installation or maintenance of associated
infrastructure (such as roads, fuel breaks, emergency water
sources, power lines or other utilities) that may exacerbate fire
risk or that may result in temporary or ongoing impacts to the
environment?
6 ☐ ☐ ☒ ☐
d) Expose people or structures to significant risks, including
downslope or downstream flooding or landslides, as a result of
runoff, post-fire slope instability, or drainage changes?
6 ☐ ☐ ☒ ☐
Evaluation
The central coast of California is prone to wildfire due to a warm, dry climate and expansive coverage of ignitable vegetation.
However, the Project Site is not within a State Responsibility Area or a Very High Fire Hazard Severity Zone as defined by CAL
FIRE (CALFIRE 2022). The closest Fire Hazard Severity Zone is located approximately 0.45-mile east at the foothills
immediately east of San Luis Obispo High School.
a-d) The Project Site is not within a State Responsibility Area or a Very High Fire Hazard Severity Zone (CAL FIRE 2022).
The Project would involve the movement of construction equipment, hauling of construction equipment, and transportation
of construction personnel which could temporarily increase traffic on roadways, particularly Pismo Street and Johnson
Avenue, which could possibly delay emergency vehicles. However, any minor delays during Project construction would
be temporary in nature and would not impair an adopted emergency response plan or emergency evacuation plan. The
Project would be required to comply with the City’s Standard Specifications and Engineering Standards and implement a
traffic control plan that adheres to City standards for emergency access. Therefore, the Project would not substantially
impair an adopted emergency response plan or emergency evacuation plan.
Heavy duty equipment used during construction that may produce sparks that could ignite vegetation would be limited
through regulatory compliance. California Public Resources Code Section 4442 mandates the use of spark arrestors, which
prevent the emission of flammable debris from exhaust on earth-moving and portable construction equipment with internal
combustion engines that are operating on any forest-covered, brush-covered, or grass-covered land. PRC Section 4428
requires construction contractors to maintain fire suppression equipment during the highest fire danger period (April 1 to
December 1) when operating on or near any forest-covered, brush-covered, or grass-covered land. These regulations would
minimize the risk of fire resulting from Project construction activities. No roads, fuel breaks, emergency water sources, or
power lines would be installed. In addition, the Project would not result in additional housing and would not accommodate
occupants. Thus, the Project would not expose project occupants to pollutant concentrations from a wildfire, exacerbate
fire risk due to installation or maintenance of associated infrastructure, or expose people or structures to significant risks as
a result of runoff, post-fire slope instability, or drainage changes. These impacts would be less than significant.
Mitigation Measures
No mitigation measures are required.
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Conclusion
No significant impacts to wildfire would occur. Therefore, no mitigation would be required.
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21. MANDATORY FINDINGS OF SIGNIFICANCE
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No
Impact
a) Does the project have the potential to substantially 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 self-sustaining levels, threaten to eliminate a plant
or animal community, substantially 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?
☐ ☒ ☐ ☐
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?
☐ ☒ ☐ ☐
Evaluation
a) As discussed in Section 4, Biological Resources, two special-status plant species and 13 special-status wildlife species have
potential to occur within the Project Site. Critical habitat for steelhead and the California red-legged frog occurs within the
Project Site. In addition, the Mixed Riparian Hardwood Community that occurs within the Project Site is a sensitive natural
community. Mitigation Measures BIO-1, BIO-2, BIO-3, BIO-4, BIO-5, BIO-6, BIO-7, BIO-8, BIO-10, BIO-11, and BIO-
12 require habitat restoration, environmental monitoring, species relocation, and additional protections to sensitive
resources. Furthermore, the Project would repair drainage control infrastructure along the banks of an approximately 180-
linear foot stretch of San Luis Obispo Creek, preventing the potential failure of drainage infrastructure and underlying soils
which could lead to impaired water quality and habitat loss. Therefore, the Project would serve a beneficial purpose and
assist in reducing the chance that habitat would be reduced.
The Project Site does not contain important examples of the major periods of California history or prehistory. Therefore, the
Project would not have a substantial effect on these resources. As discussed in Section 5, Cultural Resources and Section
18, Tribal Cultural Resources, Mitigation Measures CR-1, CR-2, and CR-3 would minimize potential effects on cultural
and tribal cultural resources at the Project Site.
All mitigation measures identified in this Initial Study would be included in the required Mitigation Monitoring and
Reporting Program. Therefore, the Project’s potential impacts would be reduced below applicable thresholds of significance
with mitigation incorporated.
b) As described in the discussion of Sections 1 through 20, with respect to all environmental issues, the Project’s potential
impacts associated with project construction activities would be either less than significant or reduced to a less than
significant level with implementation of required mitigation. This is because project construction would be temporary, and
project operation would not result in adverse effects on the environmental baseline conditions.
Cumulatively considerable impacts could occur if the construction of other projects occurs at the same time as the Project
and in the same vicinity, such that the effects of similar impacts of multiple projects combine to expose a resource to greater
levels of impact than would occur under the Project. Certain resource areas (e.g., Geology and Soils, Hazards and Hazardous
Materials) are by their nature specific to a project location, such that impacts at one location do not add to impacts at other
locations. Other resource areas inherently address cumulative impacts. As noted in Section 3, Air Quality, and Section 8,
Greenhouse Gas Emissions, the Project would comply with SLOAPCD’s Clean Air Plan and the City’s Climate Action
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Plan, along with other regulations that would reduce the Project’s air quality impacts and greenhouse gas emissions to less-
than-significance levels. The Clean Air Plan establishes thresholds and the Climate Action Plan contains a consistency
checklist, both of which that are designed such that a project that demonstrates compliance with these items would not have
an individually or cumulatively significant impact. As stated above, the Project would be consistent with the Clean Air Plan
and Climate Action Plan. Furthermore, implementation of Mitigation Measures AQ-1 through AQ-4 would minimize
Project-generated fugitive dust, diesel emissions, and naturally occurring asbestos such that less-than-significant impacts
would occur. Consequently, the Project would not generate a cumulatively considerable impacts to air quality or greenhouse
gas emissions.
Cumulative projects that may be developed within and near the San Luis Obispo Creek corridor would be subject to similar
regulatory requirements as the Project. These include, but are not limited to, the federal Endangered Species Act, California
Endangered Species Act, and Migratory Bird Treaty Act. These regulations are designed to protect individual species and
their habitats. Cumulative projects would be required to abide by the provisions of these regulations and subject to review
from agencies including, but not limited to, CDFW and USFWS, to ensure potential impacts to species or habitat are
minimized. However, existing regulatory requirements alone cannot guarantee species loss, habitat loss, or other impact to
biological resources due to cumulative development. The Project may temporarily impact habitat utilized by special status
species, but the Project would incorporate mitigation measures, such as biological monitoring and special status species
relocation or avoidance, and after construction the Project Site would be restored to provide similar habitat value to baseline
conditions. In addition, the Project would repair drainage control infrastructure along the banks of an approximately 180-
linear foot stretch of San Luis Obispo Creek which would serve as a benefit limiting the potential destruction of habitat due
to structural failure.
Anticipated Project impacts are temporary, localized effects that would occur during construction. Once operational, the
project would not have significant long-term adverse environmental impacts or induce development in the area that could
combine with other projects’ effects to create cumulatively significant impacts. All environmental impacts that could occur
as a result of the Project would be reduced to a less-than-significant level through compliance with existing regulations and
implementation of mitigation measures for biological resources, cultural resources, geology and soils, hydrology and water
quality, land use and planning, noise, and tribal cultural resources. These required mitigation measures would similarly
ensure that the Project’s contribution to cumulative species loss, habitat loss, or other regional environmental effects, would
not be cumulatively considerable. Therefore, the proposed project would not result in a cumulatively considerable
contribution to a significant cumulative impact.
c) Adverse effects on human beings are typically associated with air quality, hazards and hazardous materials, and noise
impacts. These impacts are addressed in Section 3, Air Quality, Section 8, Hazards and Hazardous Materials, and Section
12, Noise. As discussed in detail in these sections, the Project would not result in substantial adverse effects to humans due
to exposure to hazards and hazardous materials or air quality criteria pollutants in excess of established regulatory thresholds
set by SLOAPCD. Mitigation Measures AQ-1 through AQ-4 would enforce SLOAPCD measures to minimize fugitive dust,
diesel emissions, and the release of naturally occurring asbestos. Mitigation Measures N-1 and N-2 would reduce the
potential Project impacts associated with a temporary increase in ambient noise levels by requiring BMPs to implemented
to reduce noise levels and training to be administered to construction personnel. With incorporation of these mitigation
measures, potential effects on humans would be reduced to a less-than-significant impact. Therefore, the Project would not
have environmental effects which would cause substantial adverse effects on human beings. This impact would be less than
significant with mitigation incorporated.
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22. EARLIER ANALYSES
Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have
been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion should
identify the following items:
a) Earlier analysis used. Identify earlier analyses and state where they are available for review.
Not applicable.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately
analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
Not applicable.
c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation
measures which were incorporated or refined from the earlier document and the extent to which they address site-specific
conditions of the project.
Not applicable.
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(accessed July 2022).
33.
Federal Transit Authority (FTA). 2018. Transit Noise and Vibration Impact Assessment Manual.
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impact-assessment-manual-fta-report-no-0123_0.pdf (accessed July 2022).
34. Jennings, C. 1958. Geologic Map of California San Luis Obispo Sheet.
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National Park Service (NPS). 1983. Archaeology and Historic Preservation; Secretary of the Interior’s Standards and
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archeology-historic-preservation.pdf (accessed July 2022).
36. San Luis Coastal Unified School District. 2022. https://www.slcusd.org/our-schools (accessed July 2022).
37.
San Luis Obispo Air Pollution Control District (SLOAPCD). 2022a. Report on 2020 Air Quality in San Luis Obispo
County. January 26, 2022. https://storage.googleapis.com/slocleanair-org/images/cms/upload/files/%28E-2%29.pdf
(accessed July 2022).
38. SLOAPCD. 2022b. Land Use & CEQA. https://www.slocleanair.org/rules-regulations/land-use-ceqa.php (accessed
July 2022).
39.
SLOAPCD. 2020a. Ozone Emergency Episode Plan. January 22, 2020. https://storage.googleapis.com/slocleanair-
org/images/cms/upload/files/San%20Luis%20Obispo%20County%20Ozone%20Emergency%20Episode%20Plan%
2022%20January%202020.pdf (accessed July 2022).
40.
SLOAPCD. 2020b. Quick Guide for SLO County APCD Construction Mitigation Measures.
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ConstructionMitigation%26SpecialConditionsGuide%20%28pdf%29.pdf (accessed July 2022).
41. SLOAPCD. 2020c. Rule 406 Carbon Monoxide Emissions Standards and Limitations.
https://storage.googleapis.com/slocleanair-org/images/cms/upload/files/Rule_406.pdf (accessed July 2022).
42.
SLOAPCD. 2012. CEQA Air Quality Handbook. April 2012. https://storage.googleapis.com/slocleanair-
org/images/cms/upload/files/CEQA_Handbook_2012_v2%20%28Updated%20MemoTable1-
1_July2021%29_LinkedwithMemo.pdf (accessed August 2022).
43. SLOAPCD. 2005. Particulate Matter Report Implementation of SB 656 Requirements. July 27, 2005.
https://storage.googleapis.com/slocleanair-org/images/cms/upload/files/PM.ReportFin.pdf (accessed July 2022).
44. SLOAPCD. 2001. Clean Air Plan. December 2001. https://storage.googleapis.com/slocleanair-
org/images/cms/upload/files/business/pdf/CAP.pdf (accessed July 2022).
45. San Luis Obispo Fire Department (SLOFD). 2022. 2021 Annual Report. February 2022.
https://www.slocity.org/home/showpublisheddocument/31829/637884692321470000 (accessed July 2022).
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46.
San Luis Obispo Police Department (SLOPD). 2022. About the Department.
https://www.slocity.org/government/department-directory/police-department/about-the-department (accessed July
2022).
47.
Society of Vertebrate Paleontology (SVP). 2010. Standard Procedures for the Assessment and Mitigation of Adverse
Impacts to Paleontological Resources. https://vertpaleo.org/wp-
content/uploads/2021/01/SVP_Impact_Mitigation_Guidelines-1.pdf (accessed July 2022).
48. State Water Resources Control Board (SWRCB). 2022. GeoTracker.
https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=san+luis+obispo (accessed July 2022).
49.
The Land Conservancy of San Luis Obispo County. 2002. San Luis Obispo Creek Watershed Enhancement Plan.
January 2002. https://www.slocounty.ca.gov/Departments/Public-Works/Forms-Documents/Projects/SLO-
Watershed-Project/Resources/SLO-Creek-Watershed-Enhancement-Plan.pdf (accessed July 2022).
50. United States Department of Agriculture (USDA). 2022. Web Soil Survey.
https://websoilsurvey.sc.egov.usda.gov/app/WebSoilSurvey.aspx (accessed July 2022).
51.
United States Environmental Protection Agency (U.S.EPA). 2022. Superfund Enterprise Management System. July
1, 2022.
https://enviro.epa.gov/enviro/efsystemquery.sems?fac_search=primary_name&fac_value=&fac_search_type=Begin
ning&postal_code=&location_address=&add_search_type=Beginning2&city_name=San+Luis+Obispo&county_na
me=San+Luis+Obispo&state_code=CA&chemical=&program_search=sems&report=basic&page_no=1&output_sql
_switch=TRUE&database_type=SEMS (accessed July 2022).
52. U.S. Fish and Wildlife Service. 2002. Recovery Plan for the California Red-legged Frog (Rana
aurora draytonii). U.S. Fish and Wildlife Service, Portland, Oregon. viii + 173 pp.
53.
National Marine Fisheries Service. 2016. 5-Year Review: Summary and Evaluation of Southern
California Coast Steelhead Distinct Population Segment. National Marine Fisheries Service.
West Coast Region. California Coastal Office. Long Beach, California.
54.
National Marine Fisheries Service. 2013. South-Central California
Coast Steelhead Recovery Plan. West Coast Region, California Coastal Area Office, Long Beach,
California.
55.
National Oceanic and Atmospheric Administration. 2022. NMFS. Critical Habitat – Maps and GIS Data. West Coast
Region. Available at: https://www.fisheries.noaa.gov/resource/map/critical-habitat-maps-and-gis-data-west-coast-
region. Accessed January 2022.
56. California Department of Fish and Wildlife. 2022f. Pacific Lamprey (Entosphenus tridentatus) Species Description.
Available at: https://wildlife.ca.gov/Conservation/Fishes/Pacific-Lamprey.
57. Central Coast Regional Water Quality Control Board. 2019. Water Quality Control Plan for the Central Coast Basin,
June 2019 edition. California Environmental Protection Agency
58. Cleveland, P.A. 1996. San Luis Obispo Creek steelhead trout habitat inventory & investigation 1995. Prepared for:
California Regional Water Quality Control Board, Central Coast Region, Contract No. 4-106-253-0. August 1996.
59.
Coastal San Luis Resource Conservation District. 2014. San Luis Obispo County Watershed Management Planning
Project Phase I. San Luis Obispo, CA. January 2014. Available at:
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Project/Resources/SLO-Watershed-Management-Project.pdf
60.
Moyle, P.B., J.E. Williams, and E.D. Wikramanayake. 1989. Fish species of special concern of California. Final
Report. Prepared by Department of Wildlife and Fisheries Biology, University of California, Davis for California
Department of Fish and Game, Inland Fisheries Division, Rancho Cordova.
61. National Fish Habitat Partnership. 2020. San Luis Obispo Creek, California. Available at:
https://www.fishhabitat.org/waters-to-watch/detail/san-luis-obispo-creek-california. Accessed March 2022.
62. Payne, Thomas R. & Associates. 2004. Distribution and Abundance of Steelhead in the San Luis Obispo Creek
Watershed.
63. San Luis Obispo, City of. 2003. San Luis Obispo Creek Waterway Management Plan - Volumes I, II, and III.
64. San Luis Obispo, City of. 2012. Conservation Guidelines for Open Space Lands of the City of San Luis Obispo.
Prepared by the Natural Resources Program, Administration Department. October 2012.
65.
San Luis Obispo, City of. 2014 (revised). General Plan: Chapter 6 Conservation and Open Space Element. Available
at: https://www.slocity.org/government/department-directory/community-development/planning-zoning/general-
plan. Originally adopted on April 4, 2006.
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66.
San Luis Obispo, City of. 2018 (revised). General Plan: Chapter 8 Water and Wastewater. Available at:
https://www.slocity.org/government/department-directory/community-development/planning-zoning/general-plan.
Originally adopted on February 24, 1987.
67.
Spencer, W.D., P. Beier, K. Penrod, K. Winters, C. Paulman, H. Rustigian-Romsos, J. Strittholt, M. Parisi, and A.
Pettler. 2010. California Essential Habitat Connectivity Project: A Strategy for Conserving a Connected California.
Prepared for California Department of Transportation, California Department of Fish and Game, and Federal
Highways Administration.
68.
Spina, A.P., M.A. Allen, and M. Clarke. 2005. Downstream Migration, Rearing Abundance, and Pool Habitat
Associations of Juvenile Steelhead in the Lower Main Stem of a South-Central California Stream. North American
Journal of Fisheries Management 25: 919-930.
69. Zeiner, D., W.F. Laudenslayer, Jr., and K.E. Mayer. 1988. California’s Wildlife. California Statewide Wildlife
Habitat Relationship System, Volumes I, II, & III. California Department of Fish and Wildlife.
Attachments
A. San Luis Obispo Creek Bank Stabilization Project Biological Resources Assessment. Rincon Consultants, Inc., June 2022
B. Jurisdictional Delineation for the San Luis Obispo Creek Bank Stabilization Project near Johnson Avenue, City of San
Luis Obispo, San Luis Obispo County California. Rincon Consultants, Inc., July 2022
C. San Luis Obispo Creek Bank Stabilization Project Cultural Resources Assessment Report. Rincon Consultants, Inc., June
2022. (Note: this report is not included in the Final IS-MND because it includes confidential information related to the
locations of sensitive resources. The report is on file with the City.)
D. Geotechnical Engineering Report San Luis Obispo Creek Bank Stabilization Pismo Street San Luis Obispo, California.
Earth Systems Pacific. December 30, 2021.
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REQUIRED MITIGATION AND MONITORING PROGRAMS
Aesthetics
AES-1 Nighttime Work Requirements. In the event nighttime work is necessary during the Project construction phase, any
portable lighting shall be shielded and/or directed away from adjacent properties.
Monitoring Program: All mitigation measures shall be shown on construction plans. The Public Works Department shall
verify compliance prior to issuance of construction permits. Nighttime Work Requirements shall be identified on any prepared
and submitted Night Work Permits. The Public Works Department shall inspect the site to ensure construction activities are
completed in accordance with approved plans, permits, and mitigation measures.
Air Quality
AQ-1 Fugitive Dust Reduction. Throughout the construction phase of the project, the project proponent/contractor shall
implement the following fugitive dust reduction measures to minimize impacts to sensitive receptors. These fugitive
dust reduction measures shall be shown on grading plans:
Reduce the amount of the disturbed area where possible;
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. When drought conditions exist and water use is a concern, the contractor or
builder should consider use of a dust suppressant that is effective for the specific site conditions to reduce the
amount of water used for dust control;
All dirt stockpile areas should be sprayed daily and covered with tarps or other dust barriers as needed;
All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible, and building pads
should be laid as soon as possible after grading unless seeding, soil binders or other dust controls are used;
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) or otherwise comply with
California Vehicle Code (CVC) Section 23114;
“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 CVC
Section 23113 and California Water Code 13304. 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 track-out prevention device may need to be modified;
All fugitive dust mitigation measures shall be shown on grading plans;
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 the Compliance Division at 805- 781-5912).
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;
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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;
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;
Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction
site;
Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers
shall be used with reclaimed water where feasible. Roads shall be pre-wetted prior to sweeping when feasible;
Take additional measures as needed to ensure dust from the Project Site is not impacting areas outside the project
boundary
Monitoring Program: All mitigation measures shall be shown on construction plans. The Public Works Department shall
verify compliance prior to issuance of construction permits. The Public Works Department shall inspect the site to ensure
construction activities are completed in accordance with approved plans, permits, and mitigation measures.
AQ-2 Equipment Idling Restrictions. Throughout the construction phase of the project, the project proponent/contractor shall
implement the following idling restrictions to minimize impacts to sensitive receptors. These idling restrictions shall
be shown on grading and construction plans:
d. Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road Equipment
5. Staging and queuing areas shall be located at the greatest distance feasible from sensitive receptor locations;
6. Diesel idling while equipment is not in use is not permitted;
7. Use of alternative-fueled equipment is recommended whenever possible; and
8. Signs that specify the no-idling requirements shall be posted and enforced at the construction site.
e. Idling Restrictions for On-Road Vehicles. Section 2485 of California Code of Regulations Title 13 limits diesel-
fueled commercial motor vehicles that operate in the State of California with gross vehicular weight ratings of
greater 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:
3. Shall not idle the vehicle’s primary diesel engine while vehicle is not in use, except as noted in Subsection
(d) of the regulations; and
4. Shall not operate a diesel-fueled auxiliary power system (APS) to power a heated, 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.
f. Idling Restrictions for Off-Road Equipment. Off-road diesel equipment shall comply with the no-idling
requirement. Signs shall be posted at the construction site to remind off-road equipment operators of the no-idling
requirement.
Monitoring Program: All mitigation measures shall be shown on construction plans. The Public Works Department shall
verify compliance prior to issuance of grading/construction permits. The contractor or builder shall designate a person or
persons to monitor fugitive dust emissions as necessary during construction to minimize dust complaints, reduce visible
emissions below 20 percent opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend
periods when work may not be in progress. The name and telephone number of such persons shall be provided to the SLOAPCD
Compliance Division prior to the start of any grading or earthwork. The Public Works Department shall site inspect to ensure
construction activities are completed in accordance with approved plans, permits, and mitigation measures.
AQ-3 Naturally Occurring Asbestos Evaluation. Prior to initiation of ground-disturbing activities, the applicant shall retain
a registered geologist to conduct a geologic evaluation of the property, including sampling and testing for naturally
occurring asbestos in full compliance with SLOAPCD requirements and the CARB ATCM for Construction, Grading,
Quarrying, and Surface Mining Operations (17 California Code of Regulations 93105). This geologic evaluation shall
be submitted to the City Community Development Department upon completion. If the geologic evaluation determines
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that the project would not have the potential to disturb asbestos containing materials, the applicant must file an
Asbestos ATCM exemption request with the SLOAPCD.
Monitoring Program: All mitigation measures shall be shown on construction plans. The Public Works Department, or
their designee, shall submit the exemption request form and geologic evaluation to SLOAPCD for review prior to the issuance
of grading/construction permits. The City Public Works Department, or their designee, shall verify compliance with the
requirements of the NOA ATCM by confirming SLOAPCD receipt of the exemption request and SLOAPCD’s concurrence
with the exemption or any subsequent SLOAPCD requirements resulting from the exemption request.
AQ-4 Minimization of Asbestos-Related Impacts. If asbestos containing materials are present on-site, proposed earthwork,
demolition, and construction activities shall be conducted in full compliance with the various regulatory jurisdictions
regarding asbestos containing materials, including the CARB ATCM for Construction, Grading, Quarrying, and
Surface Mining Operations (17 California Code of Regulations 93105) and requirements stipulated in the National
Emission Standard for Hazardous Air Pollutants (NESHAP; 40 Code of Federal Regulations Section 61, Subpart M –
Asbestos). These requirements include, but are not limited to, the following:
Written notification, within at least 10 business days of activities commencing, to the SLOAPCD;
Preparation of an asbestos survey conducted by a Certified Asbestos Consultant; and
Implementation of applicable removal and disposal protocol and requirements for identified ACM.
Monitoring Program: Any subsequent requirements identified by SLOAPCD that would be required to be implemented
during project construction (e.g., dust mitigation or air monitoring) shall be printed on all construction plans.
Biological Resources
BIO-1 Worker Environmental Awareness Program. Prior to initiation of construction activities (including staging and
mobilization), all personnel associated with Project construction shall attend Worker Environmental Awareness
Program (WEAP) training, conducted by a qualified biologist, to aid workers in recognizing special-status species
(e.g., California red-legged frog and steelhead), nesting birds, and other biological resources that have the potential to
occur in the Project Site. The specifics of this program shall include identification of special-status species with
potential to occur, a description of their regulatory status and habitat requirements, general ecological characteristics
of any other sensitive resources, and a review of the limits of construction and mitigation measures required to reduce
impacts to biological resources within the Project Site. A fact sheet conveying this information shall also be prepared
for distribution to all contractors, their employers, and other personnel involved with construction. All employees shall
sign a form provided by the trainer indicating they have attended the WEAP and understand the information presented
to them. A WEAP training recorded by a qualified biologist specifically for the Project may be utilized if in-person
trainings are restricted due to COVID-19 or if the construction schedule makes it infeasible for a biologist to train
each new crew member in person. The crew foreman shall be responsible to ensure crew members are aware of project
boundaries and adhere to the guidelines and restrictions designed to avoid or minimize effects to California red-legged
frog, Steelhead, nesting birds, and other sensitive species and biological resources.
Monitoring Program: All mitigation measures shall be shown on construction plans. The qualified biologist or
Environmental Monitor shall monitor environmental compliance of the construction activities throughout the construction
period or as stipulated in the species- or resource-specific mitigation measure and provide monitoring reports to the City.
BIO-2 Project Delineation, Staging Areas, Materials Storage, and Waste Management. Prior to the start of any Project
activities (including any vegetation clearing), sturdy, high-visibility fencing shall be installed to protect jurisdictional
areas and sensitive resource areas adjacent to the Project Site. This fencing shall be placed so that unnecessary impacts
to adjacent habitat are avoided. No Project activities (including storage of materials) shall occur outside of the “Project
Limits”. The required fencing shall remain in place during the entire construction period and be maintained as needed
by the construction contractor.
Areas of temporary disturbance shall be minimized to the extent practicable. Staging and laydown areas shall be
limited to sites that are unvegetated and previously disturbed (e.g., existing paved roads). Materials shall be stored on
impervious surfaces or plastic ground covers to prevent any spills or leakage. Material storage shall be as far from San
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Luis Obispo Creek as is feasible. Construction materials and spoils shall be protected from stormwater runoff using
temporary perimeter sediment barriers such as fiber rolls, sand/gravel bags, and straw bale barriers, as appropriate.
All trash shall be properly contained and regularly disposed of such that it does not leave the Project Site, enter the
San Luis Obispo Creek channel, or attract wildlife. Following Project completion, all trash and construction debris
shall be removed from the work and laydown areas.
Monitoring Program: All mitigation measures shall be shown on construction plans. The Environmental Monitor shall
monitor environmental compliance of the construction activities throughout the construction period or as stipulated in the
Mitigation and Monitoring Plan and provide monitoring reports to the City.
BIO-3 Best Management Practices to Protect Water Quality. All vehicles and equipment shall be in good working condition
and checked daily for leaks. The construction contractor shall prevent petroleum products, or any other pollutant, from
contaminating the soil or entering the San Luis Obispo Creek channel (dry or otherwise). When vehicles or equipment
are not in use, mats or drip pans shall be placed below vehicles to contain fluid leaks.
Project activities shall occur between June 1 and October 15, to the maximum extent possible, to avoid working in the
creek channel during the rainy season. Work during times of precipitation shall be avoided to the maximum extent
possible. The City or their contractor(s) or representative(s) shall utilize Best Management Practices (BMPs),
including (but not limited to): berms, burlap-wrapped fiber rolls, jute netting, sand/gravel bags, and straw bale barriers
to stabilize work areas and prevent any sediment or pollutants from entering the creek.
To further protect water quality and sensitive habitat areas, no refueling, cleaning, or maintenance of equipment or
vehicles shall occur within the creek channel. Spill kits shall be kept on the Project Site and readily available at all
times. Should a spill occur in the work area, clean-up shall be conducted immediately, the contaminant(s) removed to
the greatest extent feasible, and any contaminated materials disposed of properly. The Project foreman or other
designated liaison shall immediately notify the biological monitor and the City following any project spills.
Additionally, the off‐site tracking of loose construction and landscape materials shall be prevented and/or cleaned up
daily, with street sweeping, vacuuming, and/or rumble plates, as appropriate.
Monitoring Program: All mitigation measures shall be shown on construction plans. The Environmental Monitor shall
monitor environmental compliance of the construction activities throughout the construction period or as stipulated in the
Mitigation and Monitoring Plan and provide monitoring reports to the City.
BIO-4 Invasive Species Management. Prior to construction, Project plans and specifications shall clearly identify
methodology for removal and disposal of invasive exotic species found within the Project Site. Invasive vegetation
removed within the Project Site shall be properly disposed of at an off-site location. All construction materials
(including jute netting, fiber rolls, and straw bales) brought into the Project Site shall be free from invasive plant
material. All revegetation efforts (e.g., hydroseeding, planting container stock or cuttings) within the Project Site shall
include only native, riparian plant species appropriate for the Project Site. Invasive wildlife species, including bullfrog
(Rana catesbeiana), and signal and red swamp crayfish (Pacifasticus leniusculus; Procambarus clarkii), shall be
removed from the Project Site by a qualified biologist using methodologies approved by the USFWS, NMFS, and/or
CDFW.
Monitoring Program: All mitigation measures shall be shown on construction plans. The Environmental Monitor shall
monitor environmental compliance of the construction activities throughout the construction period or as stipulated in the
Mitigation and Monitoring Plan and provide monitoring reports to the City. Any required permits shall be obtained from the
state and federal agencies prior to issuance of grading permits.
BIO-5 Preconstruction Survey for Special-Status Plant Species. A preconstruction survey for special-status plant species
shall be conducted by a qualified botanist within the Project Site prior to any site disturbance and during the bloom
period of marsh sandwort and adobe sanicle. If these, or any other special-status plant species, are observed within the
Project Site, the location(s) of individual plants or group(s) of plants shall be clearly flagged by the qualified botanist
and avoided during Project construction. If impacts to special-status plant species cannot be avoided, then
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compensatory mitigation would be required by the regulatory agencies and/or lead CEQA agency (i.e., the City)
through the required Habitat Mitigation and Monitoring Plan (Mitigation Measure BIO-12).
Monitoring Program: Special status species protection plans and surveys shall be submitted to for review and approval by
the City Public Works Department and City Biologist prior to the approval and issuance of grading and construction permits.
Any required permits shall be obtained from the state and federal agencies prior to issuance of grading/construction permits.
BIO-6 Avoidance and Minimization Measures for Pacific Lamprey. No project activities shall occur in flowing or standing
water within San Luis Obispo Creek, with the exception of the installation and removal of the temporary creek
diversion. Capture and relocation surveys for Pacific lamprey shall be conducted by qualified and/or CDFW-approved
biologists prior to the commencement of diversion construction, as well as during dewatering of the work areas. A
second capture and relocation survey shall be conducted prior to the removal of the diversion. Pacific lamprey (adults,
macropthalmia, or ammocoetes) found within the Project Site prior to or during dewatering shall be captured using
seine nets or dip nets and relocated to a predetermined relocation site (with appropriate habitat features) within San
Luis Obispo Creek. Lamprey shall be placed in aerated 5-gallon buckets and held no more than 20 minutes before
relocation. These capture and relocation efforts can be conducted concurrently with the Steelhead capture and
relocation efforts described in BIO-7, though lamprey shall be held in separate buckets to avoid predation.
Monitoring Program: All mitigation measures shall be shown on construction plans. Any required permits shall be
obtained from the state and federal agencies prior to issuance of grading permits. The Environmental Monitor shall monitor
environmental compliance of the construction activities throughout the construction period or as stipulated in the species- or
resource-specific mitigation measure and provide monitoring reports to the City.
BIO-7 Steelhead Capture and Relocation: No Project activities shall occur in flowing or standing water in San Luis Obispo
Creek, with the exception of the installation and removal of the temporary creek diversion. Project activities within
the San Luis Obispo Creek channel are proposed to occur between June 1 and October 15, outside of the steelhead
migration season. If work extends into the migration season, approval must be obtained from the appropriate resource
agencies. If approved, at a minimum, additional requirements typically include fish passage around the work area and
additional winter water quality and bank stabilization measures. Flow conditions during this time are variable and can
range from a summer low flow condition to a dry condition. Project components that require surface water diversion
(detailed below) shall also require the capture and relocation of aquatic species, including steelhead, in the reach that
will become dewatered. A qualified biologist approved by NMFS to handle steelhead shall be present during all
dewatering, as well as all stages of the installation and removal of surface water diversions. To minimize effects to
steelhead, the qualified biologist with qualified biological assistants shall conduct steelhead capture and relocation
surveys prior to the commencement of diversion construction, as well as during dewatering of the diverted areas and
removal of the diversion. Block nets shall be erected upstream and downstream of the Project Site and steelhead shall
be removed from the block-netted area by seine, dipnets, or electrofishing due to substantial obstacles in the creek
potentially making netting ineffective and relocated to an approved relocation site within San Luis Obispo Creek that
contains suitable habitat that would not be affected by Project activities. Block nets shall remain in place until the
diversion is functional, at which time the downstream and upstream block nets shall be removed. Fish shall be placed
in aerated 5-gallon buckets and held no more than 20 minutes before relocation. Smaller fish, including steelhead
young of the year, shall be placed in separate aerated buckets to avoid predation. Non-native fishes and invertebrates
shall be removed from the creek by qualified biologists.
If it is anticipated that surface flow may soon become discontinuous at the diversion site, a block net shall be deployed
just upstream of the diversion to block fish from entering the diversion from upstream. No block net shall be deployed
downstream to allow fish located within the diversion area to exit downstream. Once surface flows become
discontinuous, the qualified biologist with qualified biological assistants shall conduct steelhead capture and relocation
surveys within any isolated pools/habitats. Stranded fish shall be relocated to the original approved relocation site.
A surface water diversion plan shall be prepared by the construction contractor and shall include the various structures
and measures that would divert creek flow upstream of the Project Site, divert flow around or through the work area,
and discharge downstream, while avoiding water quality and special-status species impacts. This plan shall be
prepared by a licensed and qualified engineer in consultation with a licensed and qualified biologist. The plan shall
include such components as predicted diversion flow rates, pump capacities, pump screen mesh size, material to be
used, contingency plans, a removal and restoration plan, as well as design accommodations for special-status species
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including fish passage requirements. A qualified biologist shall be present during dewatering and during the
installation and removal of surface water diversions. A detailed diversion plan shall be submitted to the NMFS,
RWQCB, USACE, and CDFW for approval at least 15 days prior to the construction of the diversion.
A relocation site shall be identified by a qualified biologist and a relocation site memo shall first be submitted to the
City biologist for review and then be submitted to NMFS for approval at least 15 days prior to the construction of the
first diversion. The relocation site shall be in a known perennial location in San Luis Obispo Creek, preferably
upstream of the Project Site. The relocation site shall provide adequate depth in the form of scour (>1 foot) with
instream cover. Overhead canopy cover shall also be present, if possible. Water temperature within the relocation site
shall be well within published steelhead tolerances. Other water quality parameters, including (but not limited to)
dissolved oxygen, pH, and turbidity shall also be within steelhead tolerances.
A qualified biological monitor shall be on site full-time during all Project activities that involve creek dewatering
and/or the installation or removal of surface water diversions. Once the work area is completely blocked from the
creek and dewatered, and if work conditions and/or prolonged Project activities are conducted outside of the active
San Luis Obispo Creek channel, the monitor shall be on site for no less than one day per week.
Any worker(s) who inadvertently injure(s) or kill(s) a steelhead (or any other special-status species) or find(s) one
dead or injured, shall immediately report the incident to the biological monitor. The monitor or environmental Project
manager shall then immediately notify the City. The City will then provide verbal notification, as appropriate, to the
USFWS Endangered Species Office in Ventura, California; NMFS in Long Beach, California; and the local CDFW
contact, within three working days. The Project proponents shall provide written notification of the incident to the
USFWS, NMFS, and CDFW within five working days.
Although this measure was developed based on years of experience capturing and relocation fish including steelhead,
this measure may be adjusted to include any additional mitigation elements or modifications to existing mitigation
elements included in project permits.
Monitoring Program: All mitigation measures shall be shown on construction plans. Any required permits shall be
obtained from the state and federal agencies prior to issuance of grading permits. The Environmental Monitor shall monitor
environmental compliance of the construction activities throughout the construction period or as stipulated in the species- or
resource-specific mitigation measure and provide monitoring reports to the City.
BIO-8 Avoidance and Minimization Measures for California Red-legged Frog. A USFWS-approved biologist shall survey
the Project Site no more than 48 hours before the onset of work activities. If the biologist finds any life stage of the
California red-legged frog and these individuals are likely to be killed or injured by work activities, the biologist shall
be allowed sufficient time to relocate them from the Project Site before work begins. The biologist shall relocate the
California red-legged frog the shortest distance possible to a predetermined location within San Luis Obispo Creek
that contains suitable habitat and that would not be affected by Project activities.
A USFWS-approved biologist shall be present during installation and removal of the creek diversion, and during all
vegetation removal and initial ground disturbance. After this time, the USFWS-approved biologist can designate
another qualified biologist to monitor on-site compliance with all mitigation measures. Diversion intakes shall be
screened with wire mesh not larger than 0.2 inch to prevent any California red-legged frogs not initially detected, and
juvenile steelhead from entering the pump system.
To ensure that diseases are not conveyed between sites, the USFWS-approved biologist, shall follow the fieldwork
code of practice developed by the Declining Amphibian Populations Task Force at all times.
Project activities shall occur between June 1 and October 15, to the maximum extent feasible, in order to avoid the
California red-legged frog breeding season.
Monitoring Program: All mitigation measures shall be shown on construction plans. Any required permits shall be
obtained from the state and federal agencies prior to issuance of grading permits. The USFWS-approved biologist shall submit
a report documenting the findings of the survey to the City Public Works Department and City Biologist for review and
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approval. The Environmental Monitor shall monitor environmental compliance of the construction activities throughout the
construction period or as stipulated in the species- or resource-specific mitigation measure and provide monitoring reports to
the City.
BIO-9 Avoidance and Minimization Measures for Other Special-Status Amphibians and Reptiles. A preconstruction survey
for special-status amphibians and reptiles (e.g., lesser slender salamander, southwestern pond turtle, and coast range
newt) shall be conducted within the Project Site by a qualified biologist no more than 48 hours before the onset of
work activities. This survey can be conducted concurrently with the preconstruction survey for the California red-
legged frog. If any special-status amphibian or reptile species are found in areas where they are likely to be killed or
injured by work activities, then a qualified biologist shall be allowed sufficient time to relocate them from the Project
Site before work begins. A qualified biologist shall also be on site during any vegetation removal or initial ground
disturbing activities. If any special-status species be encountered within the Project Site prior to or during these
activities, work shall be halted until the biologist has sufficient time to move any individuals from the site.
Monitoring Program: All mitigation measures shall be shown on construction plans. The approved biologist or
Environmental Monitor shall submit a report documenting the findings of the survey to the City Public Works Department and
City Biologist for review and approval. Any required permits shall be obtained from the state and federal agencies prior to
issuance of grading permits. The Environmental Monitor shall monitor environmental compliance of the construction activities
throughout the construction period or as stipulated in the species- or resource-specific mitigation measure and provide
monitoring reports to the City.
BIO-10 Preconstruction Survey for Special-Status Birds and Other Nesting Birds. A preconstruction nesting bird survey shall
be conducted by a qualified biologist no more than 14 days prior to initiation of Project activities. The survey shall be
conducted within the Project Site and include a 50-foot buffer for passerines and a 500-foot buffer for raptors. Portions
of the buffer areas that may be inaccessible due to private property constraints shall be surveyed from the Project Site
and/or public roads using binoculars. The survey shall be conducted by a biologist familiar with the identification of
avian species known to occur in the region and shall focus on trees, vegetated areas, and other potential nesting within
the vicinity of the Project Site. If nests are found, an appropriate avoidance buffer (typically 50 feet for passerine
species and 500 feet for raptors) shall be determined and demarcated by the biologist with high visibility material
located within or adjacent to the Project Site.
All Project personnel shall be notified as to the existence of the buffer zones and to avoid entering buffer zones during
the nesting season. No Project activities shall occur within the buffer until the avian biologist has confirmed that
breeding/nesting is complete, and the young have fledged the nest. Encroachment into the buffer shall occur only at
the discretion of the qualified biologist.
Monitoring Program: All mitigation measures shall be shown on construction plans. The approved biologist or
Environmental Monitor shall submit a report documenting the findings of the survey to the City Public Works Department and
City Biologist for review and approval. Any required permits shall be obtained from the state and federal agencies prior to
issuance of grading permits. The Environmental Monitor shall monitor environmental compliance of the construction activities
throughout the construction period or as stipulated in the species- or resource-specific mitigation measure and provide
monitoring reports to the City.
BIO-11 Onsite Biological Monitoring. A qualified biologist shall be onsite during all vegetation removal, initial ground
disturbing activities, and/or during any construction activities that may impact sensitive biological resources, such as
dewatering and diversion installation or removal. The biologist shall have the authority to temporarily halt or redirect
work to avoid impacts to special-status species or other protected biological resources. Once the diversion has been
installed and vegetation removal and initial ground-disturbing activities have been completed, the biological monitor
shall be onsite for no less than two days per week, for a minimum two-hour period per day. A Biological Monitoring
Plan shall be created for the project, which shall include species-specific details regarding preconstruction surveys
and on-site monitoring. The Monitoring Plan shall be approved by the City Biologist prior to the initiation of
construction activities.
Monitoring Program: All mitigation measures shall be shown on construction plans. Any required permits shall be
obtained from the state and federal agencies prior to issuance of grading permits. The Environmental Monitor shall monitor
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environmental compliance of the construction activities throughout the construction period or as stipulated in the species- or
resource-specific mitigation measure and provide monitoring reports to the City.
BIO-12 Habitat Mitigation and Monitoring Plan. Project impacts to habitat within the San Luis Obispo Creek corridor shall
be mitigated through implementation of a Habitat Mitigation and Monitoring Plan (HMMP). The HMMP shall be
prepared by a qualified biologist/restoration ecologist and approved by each of the regulatory agencies (i.e., the NMFS,
USACE, RWQCB, and CDFW) prior to the initiation of construction activities. The HMMP shall include details on
the restoration of portions of San Luis Obispo Creek that will be disturbed by the Project, including jurisdictional
features, sensitive natural communities (i.e., Mixed Riparian Hardwood), and associated riparian and stream habitats.
If any Project impacts to listed plant species be unavoidable, then the HMMP shall also include details on the
compensatory mitigation required for impacts to these species. For impacts to jurisdictional waters and riparian habitat,
the HMMP would be required to include the following minimum compensatory mitigation ratios:
On-site mitigation for permanent impacts to jurisdictional/sensitive areas implemented at a minimum ratio of 2:1;
and
On-site mitigation for temporary impacts to jurisdictional/sensitive areas implemented at a minimum ratio of 1:1.
Final mitigation ratios required by the regulatory agencies during the permitting process may differ but shall be
confirmed prior to the initiation of applicable construction activities.
At a minimum, the HMMP shall include the following:
A description of the jurisdictional waters, sensitive plant communities, riparian and stream habitat, and/or
sensitive plant species disturbed by the project, and how the mitigation method (e.g., restoration, invasive species
removal, enhancement) will achieve the necessary mitigation goal/s;
a plant palette and methods of salvaging, propagating, seeding, and/or planting the site to be restored;
methods of soil preparation;
type(s) and method(s) of instream habitat enhancement (e.g., installation of downed woody debris);
a schedule for restoration activities including weed abatement, propagating and planting, soil preparation, erosion
control, qualitative and quantitative monitoring, and reporting;
identification measurable performance standards for each objective to evaluate the success of the compensatory
mitigation (at a minimum, 80% absolute cover of vegetation by end of year 3 with less than 10% comprised of
non-native vegetation);
maintenance and monitoring necessary to confirm the mitigation area meets the success criteria; and
Identification of contingency and adaptive management measures to address unforeseen changes in site conditions
or other components of the mitigation project.
Where feasible, mitigation would be required occur on-site and may include hydroseeding with a native riparian seed
mix, installing native riparian container stock, and/or removal of invasive plant species (e.g., tree of heaven, elmleaf
blackberry). If on-site mitigation is found to be infeasible by the qualified biologist/restoration ecologist, off-site
mitigation shall occur within the San Luis Obispo Creek corridor as close to the site as is feasible, based on the
professional judgment of the qualified biologist/restoration ecologist.
Monitoring Program: All mitigation measures shall be shown on construction plans. The City Public Works Department
and City Biologist shall review and approve the HMMP for compliance prior to issuance of the grading permits and onset of
construction.
Cultural Resources
CR-1 Worker Environmental Awareness Program. A qualified archaeologist shall conduct a Worker Environmental
Awareness Program training on archaeological sensitivity for all construction personnel prior to the commencement
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of any ground-disturbing activities within the Project Site. The training shall be developed by an archaeologist who
meets or exceeds the Secretary of Interior’s Professional Qualification Standards for archaeology (National Park
Service [NPS] 1983). Archaeological sensitivity training shall include a description of the types of cultural materials
that may be encountered, cultural sensitivity issues, regulatory issues, and the proper protocol for treatment of the
materials in the event of a find.
Monitoring Program: All mitigation measures shall be shown on construction plans. The qualified archaeologist shall
conduct the Program training and provide documentation of compliance to the City Public Works Department.
CR-2 Unanticipated Discovery of Cultural Resources. In the event cultural resources are encountered during ground-
disturbing activities, work within 50 feet of the find shall halt and a City-qualified archaeologist shall be contacted
immediately to evaluate the find, pursuant to CEQA Guidelines Section 15064.5(f). If the archaeologist determines
further information is needed to evaluate significance, a testing plan shall be prepared and implemented prior to
resuming project activities. If the find is determined to be significant by the qualified archaeologist, the qualified
archaeologist shall implement a data recovery plan designed to obtain information about the discovery. Recovery of
significant cultural resources described in the data recovery plan, if necessary, shall include but not be limited to,
manual or mechanical excavations, monitoring, soils testing, photography, mapping, or drawing to adequately recover
the scientifically consequential information from and about the archaeological resource. Further treatment may be
required, including site recordation, excavation, site evaluation, and data recovery. Any artifacts uncovered shall be
recorded and removed for storage at a location to be determined by the archaeologist. The data recovery plan shall be
approved by the City prior to the implementation of data recovery activities. Once approved, the qualified
archaeologist shall carry out data recovery in conformance with the data recovery plan. All cultural resource work
shall follow accepted professional standards in recording any find including submittal of standard Department of Parks
and Recreation Primary Record forms (DPR Form 523) and location information to the appropriate California
Historical Resources Information System office for the Project Site. If the find is prehistoric, then a native American
representative shall also be contacted to participate in the evaluation of the find.
Monitoring Program: All mitigation measures shall be shown on construction plans. In the event of unanticipated
discovery, the qualified archaeologist shall submit an evaluation report for review and approval by the City Public Works
Department and Community Development Department. Compliance with any required subsequent actions shall be ensured by
the City.
CR-3 Discovery of Human Remains. If human remains are discovered during construction activities, work shall immediately
stop within the immediate vicinity of the area where the remains were discovered. The County coroner shall
immediately be notified of the find, and a date and time for the County coroner to evaluate the find shall be determined
by the applicant, City, and County coroner. The County coroner shall make a determination of the origin and
disposition of the remains. If the County coroner determines the remains are prehistoric, the County coroner shall
notify the NAHC which will determine a Most Likely Descendant (MLD). The MLD shall perform site inspection of
the site within 48 hours of being granted site access and may recommend scientific removal and nondestructive
analysis of human remains and items associated with Native American burials. The applicant, City, County coroner,
and MLD, if applicable, shall jointly decide on a date, time, and method of removal of remains. Removal shall be
carried out prior construction resuming within the vicinity.
Monitoring Program: All mitigation measures shall be shown on construction plans. In the event of unanticipated
discovery, the qualified archaeologist shall submit an evaluation report for review and approval by the City Public Works
Department and Community Development Department. Compliance with any required subsequent actions shall be ensured by
the City.
Geology and Soils
GEO-1 Implementation of Geotechnical Design Features. Prior to the issuance of grading permits, the construction contractor
shall retain a qualified geotechnical engineer to incorporate all applicable geotechnical recommendations made in the
Project specific Geotechnical Engineering Report for the purpose of reducing impacts related to soil expansion. Such
recommendations include, but are not limited to, retaining wall foundation design, deepening foundations, and
moisture conditioning soil. Geotechnical recommendations shall be noted on site plans and provided to the City for
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approval prior to the issuance of grading permits. The qualified geotechnical engineer shall be retained throughout
construction to provide observation during grading and backfill, wall construction, and oversight of soil special
inspection, as detailed in the Geotechnical Engineering Report. At the completion of construction, the qualified
geotechnical engineer shall provide written confirmation to the City that all applicable geotechnical recommendations
were followed.
Monitoring Program: The Public Works Department shall verify compliance prior to issuance of grading permits and
throughout implementation of the Project.
Hydrology and Water Quality
Implement Mitigation Measure BIO-3.
Land Use and Planning
Implement Mitigation Measures BIO-4, BIO-11, and BIO-12.
Noise
N-1 Noise-Reducing Best Management Practices. For the entire duration of the construction phase of the project, the
following BMPs related to the reduction of construction noise shall be adhered to:
Stationary construction equipment that generates noise that exceeds 60 dBA at the project boundaries shall be
shielded with the most modern noise control devises (i.e. mufflers, lagging, and/or motor enclosures).
Impact tools (e.g., jack hammers, pavement breakers, rock drills, etc.) used for project construction shall be
hydraulically or electrically powered wherever possible to avoid noise associated with compressed-air exhaust
from pneumatically powered tools.
Where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed-air exhaust shall be used.
All construction equipment shall have the manufacturers’ recommended noise abatement methods installed, such
as mufflers, engine enclosures, and engine vibration insulators, intact and operational.
All construction equipment shall undergo inspection at periodic intervals to ensure proper maintenance and
presence of noise control devices (e.g., mufflers, shrouding, etc.).
Plan noisier operations and activities during times less sensitive to nearby receptors.
Maintain good public relations with surrounding community members and provide frequent activity updates of
all construction activities. Let all surrounding community members know that all noise-related complaints shall
be directed to the City Public Works Department.
Monitoring Program: All mitigation measures shall be shown on construction plans. The City Public Works Department
or their designee shall ensure compliance throughout construction. Permit compliance staff shall periodically inspect the site
for compliance with activity schedules and respond to complaints.
N-2 City Approval and Personnel Briefing. Construction plans shall note construction hours, truck routes, and all
construction noise BMPs, and shall be reviewed and approved by the City Community Development Department prior
to issuance of grading/building permits. The City shall provide and post signs stating these restrictions at construction
entry sites prior to commencement of construction and maintained throughout the construction phase of the project.
All construction workers shall be briefed at a preconstruction meeting on construction hour limitations and how, why,
and where BMP measures are to be implemented. Noise-related complaints shall be directed to the City Public Works
Department.
Monitoring Program: All mitigation measures shall be shown on construction plans. The City Public Works Department
or their designee shall ensure compliance throughout construction. Permit compliance staff shall periodically inspect the site
for compliance with activity schedules and respond to complaints.
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1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208 . FAX (805) 546-8641
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party interested in the
above entitled matter. I am the principal clerk
of the printer of the New Times, a newspaper
of general circulation, printed and published
weekly in the City of San Luis Obispo, County
of San Luis Obispo, and which has been
adjudged a newspaper of general circulation by
the Superior Court of the County of San Luis
Obispo, State of California, under the date of
February 5, 1993, Case number CV72789: that
notice of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following daces, to -wit:
---ya-V\u Z `o
in the year 2023.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, California, this day
U. of 10 M N .2023.
Michael Gould, New Times Legals
Mm'&V /-NTMGM 11NTMGORre/BUSI.ME55/P3E, Non,n/RedM Mb
Proof of Publication of
0 SAN LUIS OBISPO CITY COUNCIL
NOTICE OF PUBLIC HEARING
The San Luis Obispo City Council invites all
interested persons to attend a public hearing on
Tuesday, February 7, 2023 at 5:30 p.m, held in the
Council Chambers at City Hall, 990 Palm Street, San
Luis Obispo. Meetings can be viewed remotely on
Government Access Channel 20 or streamed live from
the City's YouTube channel at httnd/vornubeslociN.
Public comment, prior to the start of the meeting, may
be submitted in writing via U.S. Mail delivered to the
City Clerk's office at 990 Palm Street, San Luis Obispo,
CA 93401 or by email to emailcouncil®slociry oro
COUNCIL CONSENT ITEM:
The City Council will consider approving the San Luis
Obispo Creek Bank Repair Project (Specification
No. 40000183) and adoption of the associated Initial
Study/Mitigated Negative Declaration (IS/MND).
The City of San Luis Obispo proposes to repair
drainage control infrastructure along the banks
of an approximately 180-linear foot stretch of San
Luis Obispo Creek. Existing bank protection would
be removed on the south side of the creek, and the
hank would be re -graded to increase flaw capacity
on the *south bank. The project is located at the
intersection of Johnson Avenue and Pismo Street
(APNs 002-341-007 and 002-341-016; EIO-0481-
2022).
For more information, you are invited to contact Wort
Banker -Ha of the City's Public Works Department at
18051783-7859 or wbanker®slocity oro
The City Council may also discuss other hearings or
business items before or after the items listed above. If
you challenge the proposed project in court, you may
be limited to raising only those issues you or someone
else raised at the public hearing described in this
notice, or in written correspondence delivered to the
City Council at or prior to, the public hearing.
Council Agenda Reports for this meeting will be
available for review one week in advance of the
meeting date on the City's website, under the Public
Meeting Agendas web page: htmsJ/wwwslocity
oro/govern m e nt/mayor-and-c itv-c ounc'I/agenda s-
and -minutes. Please call the City Clerk's Office at
(805) 781-7114 for more information. The City Council
meeting will be televised live on Charter Cable Channel
20 and live streaming on the City's YcuTube channel
http'//youtube slo city.
January 26, 2023