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HomeMy WebLinkAboutR-11447 recommending approval of the Mitigated Negative Declaration for the US 101 and Prado Road Interchange ProjectR 11447 RESOLUTION NO. 11447 (2023 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, RECOMMENDING ADOPTION OF THE MITIGATED NEGATIVE DECLARATION FOR THE PRADO INTERCHANGE PROJECT WHEREAS, The Prado Interchange Project necessitates an Initial Study/ Mitigated Negative Declaration (IS/MND); and WHEREAS, the California Department of Transportation (Caltrans) is the California Environmental Quality Act (CEQA) lead agency and the City is the project sponsor and the CEQA Responsible Agency; and WHEREAS, the Notice of Availability/Notice of Intent to Adopt the IS/MND was advertised in the local newspaper, the environmental document and technical studies were made available on the City and Caltrans websites and at City and Caltrans offices, and all required notices, environmental documents, and technical reports were sent to the State Clearinghouse for distribution to State and Federal agencies, tribal organizations, and any individual who requesting public notice of the environmental document for their review and comment; and WHEREAS, the IS/MND was circulated for public review February 2 through March 6, 2023 and a public meeting was held by the City at the Corporation Yard on February 15, 2023 at 6pm; and WHEREAS, City and Caltrans staff have completed a public and agency review and responded to all comments received; and WHEREAS, Caltrans is the lead agency for the environmental analysis of the Project under CEQA and requests City review, consideration of, and concurrence with the IS/MND prior to their own adoption of this document; and WHEREAS, pursuant to CEQA Guidelines Sections 15096 and 15381, the City is a responsible agency and is obligated to consult with Caltrans (the lead agency), consider the IS/MND proposed to be adopted by Caltrans, and reach its own conclusions on whether and how to approve the Project; and WHEREAS, the City has met its responsible agency consultation obligations by working closely with Caltrans staff to prepare the required technical reports, environmental analysis, and public notices for the Project, participate in the February 15, 2023 public meeting for the Project and environmental document, and respond to public, tribal, and agency comments on the Project and environmental document. DocuSign Envelope ID: 8641B17F-F0B7-48CB-B5F9-A65FE2DF262F Resolution No. 11447 (2023 Series) Page 2 R 11447 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo recommends adoption as follows: SECTION 1. Environmental Review. Based upon all evidence in the record before it, including an initial study, the City Council has considered the environmental effects of the Project as shown in the IS/MND, concurs with the analysis and conclusions of the IS/MND, hereby recommends that Caltrans, as the lead CEQA agency, adopt the Final IS/MND prepared and circulated for this project, and adopts all of the findings related to the Project: a) The Prado Interchange Replacement Project IS-MND was prepared and circulated for public review in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines and it adequately addresses potential environmental impacts associated with the proposed Project; and b) The City’s recommendation that Caltrans adopt the IS/MND and approve the Project reflects City’s independent judgement and analysis; and c) The City concurs with the IS/MND that 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 d) The City concurs with the IS/MND that all potentially significant environmental effects were analyzed adequately, subject to the following mitigation measures being incorporated into the Project and subject to the following mitigation monitoring program in the IS-MND: Aesthetics AES-1 - Tree Protection and Replacement Plan. Before issuing grading or building permits, a Tree Protection and Replacement Plan will be prepared for the project based on the final grading and building plans. The Tree Protection and Replacement Plan will identify all trees within the project limits. The Tree Protection and Replacement Plan will stipulate that all trees not proposed for removal will be preserved and protected from harm during project construction activities (consistent with requirements of Mitigation Measure AES-2). If, during the preparation of the Tree Protection and Replacement Plan, it is discovered that trees within the project study area must be removed, the Caltrans Design Engineer and District Landscape Architect will agree that tree removal is necessary before final approval of the project plans. Where trees are authorized by Caltrans for removal, they will be replaced with native or other horticulturally appropriate species suitable for the area at a minimum ratio of three new trees for each tree removed, as directed by the Caltrans District Landscape Architect. All replacement planting will include a minimum three-year plant establishment period. The project specifications will include provisions requiring the protection of all trees as directed in this measure, and the cost estimate will include adequate funds for identified tree protection measures and tree replacement and maintenance measures, if necessary. DocuSign Envelope ID: 8641B17F-F0B7-48CB-B5F9-A65FE2DF262F Resolution No. 11447 (2023 Series) Page 3 R 11447 AES-2 - Tree Protection. All qualifying trees within 25 feet of proposed ground disturbances that will be retained will be temporarily fenced with chain-link or other material throughout all grading and construction activities. The fencing shall be installed outside the dripline of each tree or as far from the trunk as is feasible while accommodating project construction and be shown in the Tree Protection and Replacement Plan. No construction equipment shall be staged, parked, or stored within the dripline of any qualifying tree. If project construction requires activities within the dripline of a tree that is proposed to b e retained, an arborist shall be present during ground-disturbing work under the dripline. AES-3 - Landscape Plan. A landscape plan shall be developed by the city and approved by the District Landscape Architect before project approval. The landscape plan shall consist of plantings that offer a variety of colors, shapes, and species with an emphasis on drought-tolerant, native plant materials. The landscape plan shall include plantings along constructed walls and structures as well as benched and graded are as within the project corridor to soften visual changes and reduce the visual scale of new project features. Landscaping shall be overseen for a minimum period of two years or as determined by the District Landscape Architect. Agricultural and Forest Resources AG-1 - Agricultural Conservation. The city shall provide that for every 1 acre of Important Farmland (Prime Farmland, Farmland of Statewide Importance, and Unique Farmland) on the site that is permanently converted to non-agricultural use as a result of the Elks Lane realignment, one (1) acre of comparable land in agricultural production shall be preserved in perpetuity. The land dedicated to agriculture pursuant to this measure shall be of the size, location, and configuration appropriate to maintain a viable, working agricultural operation. Said mitigation shall be satisfied through: • Granting a perpetual conservation easement(s), deed restriction(s), or other farmland conservation mechanism(s) to a qualified conservation organization that has been approved by the city, or establishing a perpetual conservation easement(s) or deed restriction(s) held by the city or other farmland conservation mechanism(s), for the purpose of permanently preserving agricultural land. The land covered by said onsite and/or offsite easement(s) or deed restriction(s) shall be located within or contiguous to the city’s Urban Reserve Line or Greenbelt, subject to review and approval of the city’s Natural Resources Manager; or • Making an in-lieu payment to the City of San Luis Obispo’s Open Space Fund to be applied toward the future purchase of a perpetual conservation easement(s) or deed restriction(s) held by the city or other farmland conservation mechanism(s), for the purpose of permanently preserving agricultural land. The land covered by said onsite and/or offsite easement(s) or deed restriction(s) shall be located within or contiguous to the city’s Urban Reserve Line or Greenbelt, subject to review and approval of the city’s Natural Resources Manager. The amount of the payment shall be sufficient to conserve similar land on a per acre basis, as determined by a licensed appraiser; or DocuSign Envelope ID: 8641B17F-F0B7-48CB-B5F9-A65FE2DF262F Resolution No. 11447 (2023 Series) Page 4 R 11447 • Making an in-lieu payment to a qualified conservation organization that has been approved by the city and that is organized for conservation purposes, to be applied toward a future purchase of comparable agricultural land, or a perpetual conservation easement, deed restriction, or other farmland conservation mechanism to preserve the required amount of agricultural land in San Luis Obispo County. The amount of the payment shall be sufficient to conserve similar land on a per acre basis, as determined by the qualifying entity or a licensed appraiser; or • Any combination of the above. Air Quality AQ-1 - Fugitive Dust and Emissions Control Measures. Construction projects shall implement the following dust control measures to reduce fugitive particulate matter emissions in accordance with District requirements. All fugitive dust mitigation measures shall be shown on grading and building 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. Please refer to the following link from the San Joaquin Valley Air District for a list of potential dust suppressants: Products Available for Controlling Dust; • All stockpiled dirt 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 plat e devices need DocuSign Envelope ID: 8641B17F-F0B7-48CB-B5F9-A65FE2DF262F Resolution No. 11447 (2023 Series) Page 5 R 11447 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 and building 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; • 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; and • Take additional measures as needed to ensure dust from the project site is not impacting areas outside the project boundary. Construction projects shall implement the following emission control measures to reduce particulate matter and toxic air contaminant emissions from idling diesel engines. All emission control measures shall be shown on grading and building plans. • Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; • Diesel idling within 1,000 feet of sensitive receptors shall not be permitted; • Use of alternative fueled equipment is recommended; and • Signs that specify no idling areas must be posted and enforced at the site. DocuSign Envelope ID: 8641B17F-F0B7-48CB-B5F9-A65FE2DF262F Resolution No. 11447 (2023 Series) Page 6 R 11447 Biological Resources BIO-1 - California Red-Legged Frog and Coast Range Newt. The city shall implement the following to avoid and minimize potential impacts to California red -legged frog and Coast Range newt. Because these species utilize similar habitats, the implementation of the following measures shall be implemented for both species. • A qualified biologist(s) shall conduct a preconstruction survey within 48 hours before the start of any work activities within and around the project disturbance footprint. If the preconstruction survey identifies the presence of individuals of California red-legged frog or Coast Range newt, or if individuals of these species are encountered during construction, then work shall sto p work and comply with all relevant requirements of the Federal Endangered Species Act before resuming project activities. • No motorized equipment shall enter riparian areas. Arroyo willow tree removal shall be performed with hand tools only. • Before trimming or removing trees within riparian areas, a qualified biologist shall conduct a training session for the tree removal crew. At a minimum, the training shall include a description of the California red-legged frog and its habitat and Coast Range newt and its habitat, the specific measures that are being implemented to conserve the California red-legged frog and Coast Range newt for the project, and the boundaries within which the project may be accomplished. • A biological monitor familiar with semi-aquatic species that have the potential to occur shall monitor the trimming or removal of trees within riparian areas. If California red-legged frog or Coast Range newt are observed in the work area, all shall stop work until all relevant requirements of the feder al Endangered Species Act have been implemented. • All areas of the project site disturbed by activities associated with the project shall be re-vegetated with an assemblage of native riparian, wetland, and upland vegetation suitable for the area as detailed in the Landscape Plan and approved by the District Landscape Architect. Locally collected plant materials shall be used to the extent practicable. Southwestern Pond Turtle Mitigation BIO-2 - Southwestern Pond Turtle. The city shall ensure the following actions are implemented to avoid and minimize potential impacts to the southwestern pond turtle: • Qualified biologist(s) shall conduct a preconstruction survey within 48 hours before the start of work activities within and around areas that may serve as potential habitat for the southwestern pond turtle, including guard rail and erosion control installation. If individuals of the southwestern pond turtle are found, the approved biologist shall be allowed sufficient time to move them from the project si te before work activities begin. The biologist(s) shall relocate any individual southwestern pond turtle the shortest distance possible to a location that contains suitable habitat that is not likely to be affected by activities associated with the project . DocuSign Envelope ID: 8641B17F-F0B7-48CB-B5F9-A65FE2DF262F Resolution No. 11447 (2023 Series) Page 7 R 11447 • Access routes, staging, and construction areas shall be limited to the minimum area necessary to achieve the project goal and minimize potential impacts to southwestern pond turtle habitat, including locating access routes and construction staging areas outside of wetlands and riparian areas to the maximum extent practicable. • Before the start of construction activities, high-visibility orange construction fencing shall be installed along the perimeter of the area of disturbance and construction access routes to ensure avoidance of sensitive habitat. • Before starting construction activities, a qualified biologist(s) shall conduct a training session for all construction personnel conducting vegetation removal activities, including a description of the southwestern pond turtle, its habitat and legal status, and the need for conservation of the species. South-Central California Coast Steelhead Trout and Designated Critical Habitat Mitigation BIO-3 - South-Central California Coast steelhead trout. The applicant shall ensure the following actions are undertaken to avoid and minimize potential impacts to steelhead: • Before any activities begin on the project, a qualified biologist shall conduct a training session for all construction personnel. The training shall inc lude a description of the steelhead and its habitat, the specific measures that are being implemented to conserve this species for the current project, and the boundaries within which the project may be accomplished. • Before starting construction activities, high-visibility orange construction fencing shall be installed outside of the tops of the banks of San Luis Obispo Creek along the limits of the proposed disturbance to avoid disturbance to steelhead and its federally designated critical habitat. Fencing shall be located a minimum of 20 feet from the edge of the riparian canopy or top of the bank and shall be maintained throughout the construction period. Once construction in this area is complete, the fencing may be removed. • During the duration of project activities, waste shall be properly contained and secured, promptly removed from the work site, and disposed of regularly. Following construction, all trash and construction debris shall be removed from the work areas. • Project construction activities within 50 feet from the edge of the riparian canopy or top of the bank of San Luis Obispo Creek shall only occur during the dry season (e.g., between May 1 and November 1) in any given year, when potential effects to steelhead would be minimal. • To control sedimentation during and after project implementation, the following Best Management Practices shall be implemented for the project. It shall be the city’s responsibility to maintain control of construction operations and to keep the entire site in compliance with required Best Management Practices. DocuSign Envelope ID: 8641B17F-F0B7-48CB-B5F9-A65FE2DF262F Resolution No. 11447 (2023 Series) Page 8 R 11447 o Erosion shall be controlled by covering stockpiled construction materials (i.e., soil, spoils, aggregate, fly ash, stucco, hydrated lime, etc.) over 2.0 cubic yards that are not actively being used, consistent with the applicable construction general permit, or through other means of erosion control approved by the city (e.g., temporary erosion and sediment control). The site shall be maintained to minimize sediment-laden runoff to any storm drainage system, including existing drainage swales and/or sand watercourses. o If grading operations are expected to denude slopes, the slopes shall be protected with erosion control measures immediately following grading on the slopes. o During construction, to prevent sedimentation and debris from entering San Luis Obispo Creek during construction, a temporary large sediment barrier shall be installed along the top of the banks of the channel before the start of construction activities planned for the project. o Equipment will be checked daily for leaks before the start of construction activities. A spill kit will be placed near the creek and will remain readily available during construction if any contaminant is accidentally released. o The project biologist will monitor construction activities, in-stream habitat, and overall performance of Best Management Practices and sediment controls to identify and reconcile any condition that could adversely affect steelhead or their habitat. The biologist will stop work if necessary and will recommend site- specific measures to avoid adverse effects to steelhead and their habitat. o The city shall be responsible for monitoring erosion and sediment control measures (including but not limited to fiber rolls, inlet protections, and gravel bags) before, during, and after storm events. Monitoring includes maintaining a file documenting onsite inspections, problems encountered, corrective actions, notes, and a map of remedial implementation measures. Ferruginous Hawk, Cooper’s Hawk, Purple Martin, Loggerhead Shrike, White-Tailed Kite, And Other Nesting Birds Mitigation BIO-4 - Nesting Birds. The city shall ensure the following actions are undertaken to avoid and minimize potential impacts to nesting birds: • For construction activities occurring during the nesting season (generally February 1 to September 15), surveys for nesting birds covered by the California Fish and Game Code and/or Migratory Bird Treaty Act shall be conducted by a qualified biologist no more than 3 days before vegetation removal or initial construction activities. The surveys shall include the disturbance area plus a 500 -foot buffer around the site, where feasible, accounting for private property right-of-entry constraints. If active nests are located, all construction work shall be conducted outside a buffer zone from the nest to be determined by the qualified biologist. The buffer shall be a minimum of 250 feet for non -raptor bird species and 500 feet for raptor species unless there is a compelling biologically valid reason for a smaller buffer (e.g., a physical barrier, such as a hill or large building, between the nest DocuSign Envelope ID: 8641B17F-F0B7-48CB-B5F9-A65FE2DF262F Resolution No. 11447 (2023 Series) Page 9 R 11447 and the site, blocks line of sight and reduces noise). Larger buffers may be required depending upon the status of the nest and the construction activities occurring in the vicinity of the nest. The buffer area(s) shall be closed to all construction personnel and equipment until the adults and young are no longer reliant on t he nest site. A qualified biologist shall confirm that breeding/nesting is completed and the young have fledged the nest before removal of the buffer. Readily visible exclusion zones shall be established in areas where nests must be avoided. • Removal of vegetation within suitable nesting bird habitats shall be scheduled to occur in the fall and winter (between September 16 and January 31), after fledging and before the initiation of the nesting season. • If active white-tailed kite nests are located during surveys, all construction work shall be conducted outside a buffer zone from the nest to be determined by the qualified biologist. The buffer shall be a minimum of 300 feet for raptor species, including white-tailed kites. Larger buffers may be required depending upon the status of the nest and the construction activities occurring in the vicinity of the nest. The buffer area(s) shall be closed to all construction personnel and equipment until the adults and young are no longer reliant on the nest site. A qua lified biologist shall confirm that breeding/nesting is completed and the young have fledged the nest before the buffer is removed. Invasive Species Mitigation BIO-5 - Invasive Species. The city shall ensure the following actions are undertaken to avoid and minimize potential impacts associated with invasive species in the project area: • Before construction, a qualified botanist/biologist shall provide invasive plant prevention training and an appropriate identification/instruction guide to staff and contractors. A list of target species shall be included, along with measures for early detection and eradication. • Before construction, specific areas shall be designated for cleaning tools, vehicles, equipment, clothing, footwear, and other gear. • Before entering and exiting the work site, all tools, equipment, vehicles, clothing and footwear, and other gear shall be cleaned to remove soil, seeds, and other plant parts. • The reproductive parts of any invasive plants, such as seeds, mature flowers, and roots/shoots of species that can reproduce vegetatively, shall be contained in sealed containers and removed from the project site and disposed of at a licensed landfill/disposal site. Before transporting invasive plant materials, the receiving areas of the landfill/disposal site shall be confirmed by the city as designated for invasive plant waste disposal. The city shall ensure that 100 percent containment of invasive plant materials is enforced during the transport of invasive plants to the disposal site. • All disturbed areas that are not converted to hardscape or formally landscaped shall be hydroseeded with a mix of locally native species upon completion of work in those areas. In areas where construction is ongoing, hydroseeding shall occur where no construction activities have occurred before winter rains. If exotic species DocuSign Envelope ID: 8641B17F-F0B7-48CB-B5F9-A65FE2DF262F Resolution No. 11447 (2023 Series) Page 10 R 11447 invade these areas before hydroseeding, weed removal shall occur in consultation with a qualified botanist/biologist. Alternatively, in areas not suitable for hydroseeding, areas that are not hardscaped and are planned for formal landscaping shall be mulched to reduce the potential for invasive species to colonize. Mulch shall be at least four inches thick and shall be weed free. Riparian Habitat and Jurisdictional Area Mitigation BIO-6 - Riparian Habitat. The city shall ensure the following actions are undertaken to avoid and minimize potential impacts to riparian habitat and jurisdictional areas: • All refueling, maintenance, and staging of equipment and vehicles shall occur at least 100 feet from riparian habitat or bodies of water and in a location where a potential spill would not drain directly toward aquatic habitat (e.g., on a slope that drains away from the water source). Before the start of work activities, a plan must be in place for a 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 an accidental spill occur. • Raw cement, concrete or washings thereof, asphalt, p aint or other coating material, oil or other petroleum products, or any other substances that could be hazardous to aquatic species resulting from project-related activities shall be prevented from contaminating the soil and/or entering jurisdictional area s. • To control sedimentation during and after project implementation, appropriate erosion control Best Management Practices (e.g., temporary erosion and sediment control) shall be implemented to minimize adverse effects on San Luis Obispo Creek. Plastic monofilament erosion control matting shall not be implemented onsite. • Before the start of construction activities, high-visibility orange construction fencing shall be installed along the limits of the proposed disturbance outside of the top of the western bank of San Luis Obispo Creek and its associated riparian habitat to minimize the potential for disturbance of this area. • Project activities within 60 50 feet of San Luis Obispo Creek shall occur during the dry season (e.g., between May 1 and November 1) in any given year. BIO-7 - Habitat Mitigation and Monitoring Plan. A Habitat Mitigation and Monitoring Plan shall be prepared, which will provide a minimum 2-to-1 restoration ratio (replaced to removed) for permanent impacts to riparian habitat unless otherwise directed by pertinent regulatory agencies. Mitigation activities associated with the replacement of riparian habitat shall occur in the designated sensitive habitat mitigation portion of the Biological Study Area and shall avoid additional impacts to sensitive plant or wildlife species. All areas of temporary disturbance shall be stabilized and revegetated with an assemblage of native vegetation suitable for the area. Examples of activities associated with the implementation of the Habitat Mitigation and Monitoring Plan include the application of native willow/ riparian seed mix and the removal of non-native weedy species within the habitat mitigation area. The final Habitat Mitigation and Monitoring Plan will be implemented immediately after project completion. DocuSign Envelope ID: 8641B17F-F0B7-48CB-B5F9-A65FE2DF262F Resolution No. 11447 (2023 Series) Page 11 R 11447 Cultural Resources CR-1 - Unidentified Cultural Materials. If archaeological resources are exposed during construction, all work shall be halted within 50 feet of the exposed resource until a qualified archaeologist can visit the site of discovery and assess the significance of the find(see 36 Code of Federal Regulations 800.11.1 and California Code of Regulations, Title 14, Section 15064.5[f]). Examples of cultural materials that could be exposed during construction include ground stone tools such as mortars, bowls, pestles, and manos; chipped stone tools such as projectile points or choppers; flakes of stone not consistent with the immediate geology such as obsidian or fused shale; historic trash pits containing bottles and/or ceramics; or structural remains. If the resources are found to be significant, they must be avoided or will be mitigated consistent with State Historic Preservation Officer Guidelines. Geology and Soils GEO-1 - Paleontological Resources. If paleontological resources are exposed during construction, all work shall be halted within 100 feet of the exposed resource until a qualified paleontologist can visit the site of discovery and assess the significance of the find. Caltrans shall be informed of the discovery immediately. If the paleontological resource is determined to be significant, the paleontologist shall have the authority to salvage and remove the fossil from its locality, as appropriate, before ground -disturbing or other construction activities resume in the area. Any fossils recovered during the development, along with their contextual stratigraphic data, shall be offered to the City of San Luis Obispo or other appropriate institution with an educational and research interest in the materials. The paleontologist shall prepare a report of the results of any findings as part of a testing or mitigation plan following an accepted professional practice. Hazards and Hazardous Materials HAZ-1 - Aerially Deposited Lead. A workplan shall be developed for aerially deposited lead sampling for the area of the selected project alternative. Surficial soil samples shall be collected and analyzed for total lead in areas that are to be disturbed for the project. The workplan shall require the investigation of surface soils to be conducted before construction. The workplan shall include all required measures for proper management and disposal of contaminated soils in accordance with the U.S. Toxic Substances Control Act, California Health and Safety Code, and California Occupational Safety and Health Act if the total lead is detected above acceptable levels in the project site soils. The workplan shall require that investigation and/or remediation of soil contamination be performed in accordance with Department of Toxic Substances Control procedures and requirements and require Department of Toxic Substances Control approval before recommencing construction or demolition work. HAZ-2 - Pesticides and Herbicides. Surface soils shall be tested by a professional geologist or environmental professional to determine the presence or absence of pesticides, herbicides, and arsenic along proposed rights-of-way. A workplan describing sampling locations and sampling and analytical methods shall be prepared by the project developer before the start of work. The workplan shall include laboratory data for the DocuSign Envelope ID: 8641B17F-F0B7-48CB-B5F9-A65FE2DF262F Resolution No. 11447 (2023 Series) Page 12 R 11447 impacted soils to profile excavated soil before transport, treatment, and recycling at a licensed treatment facility. The workplan shall also detail the requirements for removal, transportation, and disposal of impacted soil in accordance with applicable federal, state, and local laws, regulations, and ordinances. The workplan shall require that i nvestigation and/or remediation of soil contamination be performed in accordance with Department of Toxic Substances Control procedures and requirements and require Department of Toxic Substances Control approval before recommencing construction or demolit ion work. HAZ-3 - Petroleum Pipelines. The petroleum pipeline at the intersection of Elks Lane and Prado Road shall be properly marked by the developer before the start of any project construction activities. A contingency plan shall be developed by the developer and include all applicable federal, state, and local regulatory requirements for soil handling and/or remediation if contaminated soil from the petroleum pipeline is encountered during construction activities. All other known pipelines in the project area shall be identified and marked by the developer before the start of any construction activities. Upon motion of Council Member Pease, seconded by Council Member Shoresman, and on the following roll call vote: AYES: Council Member Francis, Pease, Shoresman, Vice Mayor Marx, and Mayor Stewart NOES: None ABSENT: None The foregoing resolution was adopted this 5th day of September 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 DocuSign Envelope ID: 8641B17F-F0B7-48CB-B5F9-A65FE2DF262F 9/7/2023 | 7:59 AM PDT