HomeMy WebLinkAboutMitigation AgreementApplicant Acceptance of Mitigation Measures
Project: EID-0100-2020
163 Serrano Heights Drive Tentative Parcel Map
This agreement is entered into by and between the City of San Luis Obispo and John Rourke,
on the _______ day of ________________, 2021. The following measures are included in the
project to mitigate potential adverse environmental impacts. Please sign the original and return it
to the Community Development Department.
REQUIRED MITIGATION AND MONITORING PROGRAMS
Air Quality
AQ-1 Idling Control Techniques. During all construction activities and use of diesel
vehicles, the applicant shall implement the following idling control techniques:
1. Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road
Equipment.
a. Staging and queuing areas shall not be located within 1,000 feet of
sensitive receptors if feasible;
b. Diesel idling within 1,000 feet of sensitive receptors shall not be
permitted;
c. Use of alternative fueled equipment shall be used whenever possible;
and
d. Signs that specify the no idling requirements shall be posted and
enforced at the construction site.
2. California Diesel Idling Regulations. On-road diesel vehicles shall comply
with 13 CCR 2485. This regulation limits idling from diesel-fueled
commercial motor vehicles with gross vehicular weight ratings of more than
10,000 pounds and licensed for operation on highways. It applies to California
and non-California based vehicles. In general, the regulation specifies that
drivers of said vehicles:
a. Shall not idle the vehicle’s primary diesel engine for greater than 5
minutes at any location, except as noted in Subsection (d) of the
regulation; and
b. 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
minutes at any location when within 1,000 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 5-minute idling limit. The specific requirements and exceptions in the
regulation can be reviewed at the following website: www.arb.ca.gov/msprog/truck-
idling/2485.pdf.
AQ-2 Particulate Matter Control Measures. During all construction and ground-
disturbing activities, the applicant shall implement the following particulate matter
control measures and detail each measure on the project grading and building plans:
1. Reduce the amount of disturbed area where possible.
2. Use of water trucks or sprinkler systems in sufficient quantities to prevent
airborne dust from leaving the site and from exceeding the SLOAPCD’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 miles
per hour (mph). Reclaimed (non-potable) water should be used whenever
possible.
3. All dirt stockpile areas (if any) shall be sprayed daily and covered with tarps
or other dust barriers as needed.
4. Permanent dust control measures identified in the approved project
revegetation and landscape plans shall be implemented as soon as possible,
following completion of any soil-disturbing activities.
5. Exposed grounds that are planned to be reworked at dates greater than 1
month after initial grading shall 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 shall 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 shall be completed as
soon as possible. In addition, building pads shall 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 mph on any
unpaved surface at the construction site.
9. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or
shall maintain at least 2 feet of freeboard (minimum vertical distance between
top of load and top of trailer) in accordance with California Vehicle Code
(CVC) Section 23114.
10. “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 (CWC) Section 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.
11. 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.
12. All PM10 mitigation measures required should be shown on grading and
building plans.
13. 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
SLOAPCD’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 SLOAPCD Compliance Division prior to the start of any
grading, earthwork, or demolition (Contact Tim Fuhs at 805-781-5912).
AQ-3 Geologic 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 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
NOA, the applicant must file an Asbestos ATCM exemption request with the
SLOAPCD.
AQ-4 Naturally Occurring Asbestos Control Measures. If NOA 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
NOA, 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;
1. Preparation of an asbestos survey conducted by a Certified Asbestos
Consultant; and
2. Implementation of applicable removal and disposal protocol and requirements
for identified NOA.
Monitoring Program: These measures shall be incorporated onto Final Map and project
grading / building plans for review and approval by the City Community Development
Department. Compliance shall be verified by the City during regular inspections, in coordination
with the SLOAPCD, as necessary.
Biological Resources
BIO-1 Nesting Birds and Raptors. Site preparation, ground disturbance, and construction
activities including any tree trimming and vegetation removal shall be conducted
outside of the migratory bird nesting season (February 15 through October 31). If
such activities cannot be avoided during this period, a County-approved qualified
biologist shall conduct a preconstruction nesting bird survey no sooner than 1–4
weeks prior to tree removal activities and shall verify whether migratory birds are
nesting in the site. If nesting activity is detected, the following measures shall be
implemented:
1. The project shall be modified via the use of protective buffers, delaying
construction activities, or other methods designated by the qualified biologist
to avoid direct take of identified nests, eggs, and/or young protected under the
MBTA and/or California Fish and Game Code.
2. The qualified biologist shall monitor the nests within the vicinity of project-
related disturbances and determine if construction activities are causing
behavioral changes or affecting nesting activities. Monitoring results shall
then be utilized to develop an appropriate buffer around the next site to
minimize disturbance. Construction activities within the buffer zone shall be
prohibited until the young have fledged the nest and achieved independence.
3. The qualified biologist shall document all active nests and submit a letter
report to the County documenting project compliance with the MBTA,
California Fish and Game Code, and applicable project mitigation measures
within 14 days of survey completion.
BIO-2 Roosting Bats. Site preparation, ground disturbance, and construction activities
including any tree trimming and/or vegetation removal shall be conducted outside of
the typical bat maternity roosting and pupping season (February 1 to August 31), if
feasible. If site disturbance activities are to occur within this season, the applicant
shall retain a County-qualified biologist to conduct a preconstruction survey within
14 days prior to commencement of proposed site disturbance activities. If any
roosting bats are found during preconstruction surveys, no work activities shall occur
within 100 feet of active roosts until bats have left the roosts. The County-qualified
biologist shall prepare a report after each survey and a copy of the report shall be
provided to the County within 14 days of completion of each survey. If no bat
roosting activities are detected within the proposed work area, site disturbance and
noise-producing construction activities may proceed, and no further mitigation is
required.
Monitoring Program: These conditions and measures shall be noted on Final Map and all
grading and construction plans. The City Community Development Department and Natural
Resources Manager shall verify compliance.
Cultural Resources
CR-1 Discovery of Previously Unidentified Cultural Resources. In the event that
historical or archaeological remains are discovered during ground-disturbing
activities associated with the project, an immediate halt work order shall be issued
and the City Community Development 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. These requirements shall be noted on the project’s final
map and all improvement/construction plans.
CR-2 Discovery of Human Remains. In the event that human remains are exposed during
ground-disturbing activities associated with the project, an immediate halt work order
shall be issued and the City Community Development 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 PRC Section 5097.98. If the remains are determined to be of
Native American descent, the coroner shall notify the Native American Heritage
Commission (NAHC) within 24 hours. These requirements shall be noted on the
project’s final map and all improvement/construction plans.
Monitoring Program: These conditions shall be noted on Final Map and all grading and
construction plans. The City Community Development Department shall verify compliance,
including preparation and implementation of the Monitoring Plan, and review and approval of
cultural resources monitoring reports documenting compliance with required mitigation
measures.
Noise
N-1 Construction Noise BMPs. Prior to issuance of grading permits for any future
development on the project site, the applicant shall ensure that all construction
equipment shall have the manufacturers’ recommended noise abatement methods
installed, such as mufflers, engine enclosures, and engine vibration insulators, intact
and operational, and all construction equipment shall undergo inspection at periodic
intervals to ensure proper maintenance and presence of noise-control devices (e.g.,
mufflers, shrouding, etc.).
Monitoring Program: These measures shall be incorporated into Final Map and project
grading and building plans for review and approval by the City Community Development
Department. Compliance shall be verified by the City during regular inspections.
TR-1 Culturally Affiliated Native American Monitor. A representative from the Salinan
Tribe shall be notified prior to any ground disturbing activities to provide for on-site
monitoring. If cultural resources are encountered during subsurface earthwork
activities, all ground disturbing activities shall cease and the City Community
Development Director shall be notified immediately consistent with the requirements
of Mitigation Measures CR-1 and CR-2.
Monitoring Program: This measure shall be incorporated into Final Map and noted on all
grading and construction plans. The City Community Development Department shall verify
compliance through initial and regular inspections.
WF-1 Vegetation/Fuel Management Plan. Prior to issuance of any construction permit,
the applicant shall provide a vegetation/fuel management plan prepared by a
registered professional forester or certified arborist for each lot. The plan shall
identify fuel load reduction techniques, including vegetation removal and trimming,
to increase defensible space around residential structures and driveways/access roads.
The plan shall also identify appropriate standards for installation of new landscaping,
such as requirements for drought-tolerant and fire-resistant species.
Monitoring Program: This measure shall be incorporated into Final Map and noted on all
grading and construction plans. The City Community Development Department shall verify
compliance through initial and regular inspections.
If the Community Development Director or hearing body determines that the above mitigation
measures are ineffective or physically infeasible, they may add, delete or modify the mitigation
to meet the intent of the original measures.
Please note that section 15070 (b) (1) of the California Administrative Code requires the
applicant to agree to the above mitigation measures before the proposed Mitigated Negative
Declaration is released for public review. This project will not be scheduled for public review
and hearing until this signed original is returned to the Community Development
Department.
_________________________________ ___________________________________
Shawna Scott Date Applicant Date
Senior Planer Print Name:
Community Development Department