HomeMy WebLinkAboutR-11545 recommending adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Groundwater Contamination Characterization ProjectR 11545
RESOLUTION NO. 11545 (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE GROUNDWATER CONTAMINATION
CHARACTERIZATION PROJECT
WHEREAS, the Groundwater Contamination Characterization Project (Project)
aims to design and equip groundwater wells with treatment systems capable of removing
tetrachloroethylene (PCE) contamination, and to put the City’s available groundwater to
beneficial use as a drinking water source while removing PCE contamination from local
groundwater supplies; and
WHEREAS, the Project is consistent with the City’s adopted General Plan Water
and Wastewater Element because providing an additional reliable water supply source
helps to ensure a long-term, reliable water supply and manage the City’s water resources
to meet both current and future water demand associated with development envisioned
by the General Plan; and
WHEREAS, Native American Tribes were notified on July 25, 2024 about the
project consistent with City and State regulations including, but not limited to, Assembly
Bill 52; and
WHEREAS, an Initial Study/Mitigated Negative Declaration (IS/MND) and Notice
of Availability/Notice of Intent (NOA/NOI) to Adopt a Mitigated Negative Declaration was
prepared for the Groundwater Contamination Characterization Project and circulated for
the mandatory 30-day public and agency review period from December 12, 2024 to
January 10, 2025; and
WHEREAS, the IS/MND was submitted to the State Clearinghouse, who
distributed it to affected state agencies ; City staff provided the NOA/NOI and IS/MND to
federal and local agencies, Tribes, and interested parties ; the environmental notice was
advertised in the New Times, and the document and required notices were posted on the
City’s website, and filed with the San Luis Obispo County Clerk and State Office of
Planning and Research; and
WHEREAS, the City of San Luis Obispo received three comment letters on the
Draft IS/MND from State resource agencies: State Water Resources Control Board
(SWRCB) Division of Drinking Water; California Department of Fish and Wildlife (CDFW)
Central Region 4; and California Department of Transportation (Caltrans); and
WHEREAS, the City of San Luis Obispo received additional correspondence from
the Santa Ynez Band of Chumash Indians requesting minor modification of a mitigation
measure, which was incorporated into the Final IS/MND, and Northern Chumash Tribal
Council requesting additional information, which was provided; and
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WHEREAS, the Final IS/MND incorporates additional information and mitigation
details that address received comments, and this information clarifies, amplifies, or makes
insignificant modifications to the mitigated negative declaration.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that:
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 Groundwater Contamination Characterization 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) Additional information and mitigation details have been added to the Final
IS/MND in response to the comments and recommendations provided in
response to the IS/MND. The added mitigation measures do not create new
significant environmental effects and are not necessary to mitigate an
avoidable significant effect. The new information that has been added to the
Final IS/MND clarifies, amplifies, or makes insignificant modifications to the
IS/MND. Therefore, the additions and revisions do not require recircula tion of
the Draft IS-MND pursuant to CEQA Guidelines Section 15073.5, as:
1) Mitigation measures are replaced with equal or more effective measures
pursuant to CEQA Guidelines Section 15074.1.
2) New project revisions have been added in response to written or verbal
comments on the project's effects identified in the proposed negative
declaration which are not new avoidable significant effects.
3) Mitigation measures have been added that do not create new significant
environmental effects.
4) New information has been added, which merely clarifies, amplifies, or
makes insignificant modifications to the IS/MND.
d) All potentially significant environmental effects were analyzed adequately in the
Final IS/MND IS/MND for the Groundwater Contamination Characterization
Project, subject to the following mitigation measures being incorporated into
the Project and subject to the mitigation monitoring program in the Final
IS/MND, which is hereby adopted:
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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. Night
lighting for construction activities shall be the minimum necessary to ensure safety and
security for nighttime activities and operations. Lighting at the project site shall co nsist of
light-emitting diode lights in all areas where nighttime construction activities will occur and
be either motion-activated or use timers to ensure safety and security and reduce the
impact of additional light pollution at night. The City shall ver ify compliance with the
construction night lighting requirements via an inspection during nighttime construction
activities.
AIR QUALITY
AQ-1 Odor Reduction
Where construction activities occur within 50 feet of a sensitive receptor, the construction
contractor shall implement the following additional idling restrictions, which shall be
shown on grading and construction plans:
▪ Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road Equipment
▪ Staging and queuing areas shall be located at the greatest distance feasible from
sensitive receptor locations;
▪ Diesel idling while equipment is not in use is not permitted;
▪ Use of alternative-fueled equipment is recommended whenever possible; and
▪ Signs that specify the no-idling requirements shall be posted and enforced at the
construction site.
The City Utilities Department shall verify these measures are located on construction
plans prior to the start of construction. Once during construction, City Inspector shall visit
the project site to verify these idling restrictions have been implemented.
BIOLOGICAL RESOURCES
BIO-1 Worker Environmental Awareness Program
Prior to initiation of construction activities at the treatment well site, all personnel
associated with project construction shall attend a Worker Environmental Awareness
Program (WEAP) training, conducted by a qualified biologist, to aid workers in recog nizing
special-status species and nesting birds that may occur within 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 requi rements, general
ecological characteristics of any other sensitive resources, and a review of the limits of
construction and measures required to avoid and/or reduce impacts to biological
resources within the project site. A fact sheet conveying this information shall also be
prepared for distribution to the construction contractor. All employees shall sign a form
provided by the biologist indicating they have attended the WEAP training and understand
the information presented to them. The construction foreman shall ensure crew members
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are aware of project boundaries and adhere to the mitigation measures designed to avoid
or minimize effects to listed species, nesting birds, and other special -status species.
BIO-2 Pre-Construction Survey for Special-Status Wildlife Species
A qualified biologist shall conduct a pre-construction survey of the treatment well site and
adjacent habitat no more than two weeks prior to the start of construction at the treatment
well site. The biologist shall document the presence or absence of any special-status
wildlife species with potential to occur within the treatment well site plus a 50 -foot buffer.
The pre-construction survey shall include surveys for burrowing owl that follow the
“Burrowing Owl Survey Protocol and Mitigation Guidelines” (Cal ifornia Burrowing Owl
Consortium [CBOC] 1993) and CDFW’s “Staff Report on Burrowing Owl Mitigation”
(California Department of Fish and Game [CDFG] 2012) within areas of suitable habitat
during the survey season immediately prior to construction.
If special-status species are observed onsite during the pre -construction surveys, they
shall be allowed time to leave or be relocated prior to the initiation of construction
activities. If special-status species are present during construction activities, they shall be
handled in accordance with Mitigation Measure BIO -7.
BIO-3 Burrowing Owl Buffers
If burrows known to be currently or previously occupied by burrowing owl are found, either
during surveys or project activities, a 500-meter no-disturbance buffer shall be
established around each burrow.
BIO-4 Burrowing Owl Take Authorization
If burrowing owl individuals or burrows known to be currently or previously occupied by
burrowing owl are found, either during surveys or project activities, the City of San Luis
Obispo shall consult with CDFW to discuss how to implement the project and av oid take.
If avoidance is not feasible, acquisition of a State Incidental Take Permit pursuant to
California Fish and Game Code Section 2081 subdivision (b), prior to any ground
disturbing activities, shall be required in order to comply with the Californi a Endangered
Species Act.
BIO-5 Crotch’s Bumble Bee Habitat Assessment and Surveys
A qualified biologist shall conduct a habitat assessment to determine if the project area
and the immediate surrounding vicinity contain habitat suitable to support Crotch’s
bumble bee. The assessment shall document potential nesting sites, which include a ll
small mammal burrows, perennial bunch grasses, thatched annual grasses, brush piles,
old bird nests, dead trees, and hollow logs.
If potentially suitable habitat for Crotch’s bumble bee is identified in the habitat
assessment, the qualified biologist shall conduct focused surveys for Crotch’s bumble
bee and their requisite habitat features, following the methodology outlined in the S urvey
Considerations for California Endangered Species Act Candidate Bumble Bee Species
(CDFW 2023).
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BIO-6 Crotch’s Bumble Bee Buffers and Take Authorization
If Crotch’s bumble bee is detected during the required habitat assessment and surveys,
all small mammal burrows and thatched/bunch grasses shall be avoided by a minimum
of 50 feet to avoid take of Crotch’s bumble bee. If ground -disturbing activities would occur
during the overwintering period (October through February), the City of San Luis Obispo
shall consult with CDFW to discuss how to implement project activities and avoid take.
Any detection of Crotch’s bumble bee prior to or during project implementat ion warrants
consultation with CDFW to discuss how to avoid take.
If avoidance is not feasible, acquisition of a State Incidental Take Permit pursuant to
California Fish and Game Code Section 2081 subdivision (b), prior to any ground
disturbing activities, would be required in order to comply with the California Endanger ed
Species Act.
BIO-7 Biological Monitoring and Special-Status Species Relocation
A qualified biologist shall be onsite at the treatment well site during all vegetation removal,
initial ground disturbing activities, and/or during any construction activities that may
impact sensitive biological resources. If the biologist discovers special -status animal
species on the project site, the biologist shall have the authority to temporarily halt or
redirect work to avoid potential impacts. If avoidance is not feasible, the biologist shall be
responsible for relocating wildlife species out of the treatment well site in accordance with
the requirements of applicable regulatory agencies, such as CDFW or th e United States
Fish and Wildlife Service. Special-status wildlife shall not be handled without prior
permission from the necessary regulatory agencies. Species-specific monitoring
requirements may be superseded or added to by resource agency permits and/o r
incidental take authorizations. Following the relocation of wildlife, the biologist shall
submit a report to the City confirming the methodology and results of relocating the
wildlife.
BIO-8 Nesting Bird Surveys
A preconstruction nesting bird survey shall be conducted by a qualified biologist no more
than 14 days prior to initiation of project construction activities. The survey shall be
conducted within the treatment well site and include a 50 -foot buffer for passerines and a
500-foot buffer for raptors. 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 vicinit y of the treatment well site.
If active nests are identified in the survey, 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 treatment well
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 construction activities
shall occur within the buffer until the 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.
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CULTURAL RESOURCES
CUL-1 Workers Environmental Awareness Program Training
All construction personnel and monitors who are not trained archaeologists shall be
briefed regarding unanticipated discoveries prior to the start of construction activities. A
basic presentation shall be prepared and presented by a qualified archaeologist and
Chumash Tribal Representative to inform all personnel working on the project about the
archaeological sensitivity of the area. The purpose of the WEAP training is to provide
specific details on the kinds of archaeological materials that may be identif ied during
construction of the project and explain the importance of and legal basis for the protection
of significant archaeological resources. Each worker shall also learn the proper
procedures to follow in the event that archaeological resources or huma n remains are
uncovered during ground-disturbing activities. These procedures include work curtailment
or redirection, and the immediate contact of the on -call archaeologist and Native
American representative. The necessity of training attendance shall be stated on all
construction plans and the City of San Luis Obispo shall maintain records demonstrating
construction worker WEAP participation.
CUL-2 Archaeological and Native American Monitoring
Prior to any ground disturbing activities, the project proponent shall retain an
archaeologist meeting the Secretary of the Interior’s Qualifications Standards (NPS 1983)
(Qualified Archaeologist) to oversee the implementation of this measure.
Prior to any ground disturbing activities, the archaeologist shall provide a Cultural
Resources Mitigation and Monitoring Plan (CRMMP) for review and approval by the City
of San Luis Obispo. The CRMMP should include, but not be limited to, the following:
a. A list of personnel involved in the monitoring activities;
b. Description of Native American involvement;
c. Description of how the monitoring shall occur;
d. Description of location and frequency of monitoring (e.g., full time, part time, spot
checking);
e. Description of what resources may be encountered;
f. Description of circumstances that would result in the halting of work at the project
site;
g. Description of procedures for halting work on the site and notification procedures;
h. Description of monitoring reporting procedures; and
i. Provide specific, detailed protocols for what to do in the event of the discovery of
human remains.
The Qualified Archaeologist shall provide conditional monitoring as well as on call
response in the case of an inadvertent discovery of archaeological resources. Given the
developed nature of monitoring well locations MW-01 through MW-08 and MW-10
through MW-12, and the method of construction activities proposed (i.e., drilling),
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monitoring at these locations should be limited to spot-checking and periodic examination
of soils through selective sampling of soils brought to the surface as a result of the drilling
activities. All construction-related ground disturbances, including clearing/grubbing and
drilling, within the treatment well site, west and east of U.S. 101) and west of San Luis
Obispo Creek be monitored by an archaeologist and a Native American representative.
In general, archaeological, and Native American monitoring sha ll be limited to initial
ground disturbance, which is defined as construction -related earthmoving of sediments
from their native place of deposition and does not include any secondary movement of
sediment that might be required for the project. The Qualifi ed Archaeologist may adjust
monitoring efforts as needed (increase, decrease, or discontinue monitoring frequency)
based on the observed potential for construction activities to encounter archaeological
deposits. The Qualified Archaeologist shall be respon sible for maintaining daily
monitoring logs.
Throughout the course of project construction activities, if a discovery is made by
construction personnel and a monitor is not present, the protocols and procedures
outlined in the Mitigation Measure CUL-3, Unanticipated Discovery of Archaeological
Resources, shall be followed. Following the completion of construction, the Qualified
Archaeologist shall prepare an archaeological monitoring report for submittal to the City
and the CCIC with the results of the archaeological monitoring program.
CUL-3 Unanticipated Discovery of Archaeological Resources
In the event that archaeological remains are encountered during construction, City staff
shall be notified and all work within 50 feet of the find shall be halted until the find is
evaluated by the Qualified Archaeologist or other designated archaeologist working under
the direction of the Qualified Archaeologist and appropriate mitigation, if necessary, is
implemented. Native American tribal representatives shall be notified. If archaeological
remains are identified, the resource shall be evaluated for sig nificance under City
Archaeological Resource Preservation Program Guidelines, and further treatment
measures, including but not limited to avoidance consistent with City General Plan
Policies, Phase 2 Subsurface Archaeological Resource Evaluation, or Phase 3
Archaeological Data Recovery Excavation may be required. Work within 50 feet of the
find shall not resume until authorization is received from the City. This measure shall be
included on all construction plans.
GEOLOGY AND SOILS
GEO-1 Unanticipated Discovery of Paleontological Resources
In the event of a fossil discovery by construction personnel at the treatment well site, the
construction contractor shall halt all construction activities within the 50 feet of the fossil,
and a Qualified Professional Paleontologist shall be retained to e valuate the find prior to
resuming construction activity. If it is determined the fossil(s) is (are) scientifically
significant, the Qualified Professional Paleontologist shall complete the following
conditions to mitigate impacts to significant fossil resources:
▪ Fossil Salvage. If fossils are discovered, the Qualified Professional Paleontologist
shall have the authority to halt or temporarily divert construction equipment within
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50 feet of the find until the Qualified Professional Paleontologist evaluate the
discovery and determine if the fossil may be considered significant. Bulk matrix
sampling may be necessary to recover small invertebrates or microvertebrates
from within paleontologically sensitive deposits.
▪ Fossil Preparation and Curation. Once salvaged, significant fossils shall be
identified to the lowest possible taxonomic level, prepared to a curation -ready
condition, and curated in a scientific institution with a permanent paleontological
collection along with all pertinent field notes, photos, data, and maps. Fossils of
undetermined significance at the time of collection may also warrant curation at
the discretion of the Qualified Professional Paleontologist.
▪ Final Paleontological Report. The Qualified Professional Paleontologist shall
submit a report describing the results of the paleontological monitoring efforts
associated with the project. The report shall include a summary of the field and
laboratory methods, an overview of the project geology and paleontology, a list of
taxa recovered (if any), an analysis of fossils recovered (if any) and their scientific
significance, and recommendations. The report shall be submitted to the City.
NOISE
N-1 Noise Reducing Best Management Practices
During monitoring well installation at MW-01, MW-02, MW-03, MW-06, and MW-10, the
following construction noise best management practices shall be adhered to:
▪ Stationary construction equipment that generates noise that exceeds 60 dBA shall
be shielded with the most modern noise control devices (i.e. mufflers, lagging,
and/or motor enclosures).
▪ Impact tools (e.g., drills) 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.).
▪ At least 21 days prior to the start of construction, notify off -site businesses and
residents within 150 feet of construction of planned construction activities. The
notification shall provide brief description of the project, activities that would occur,
hours of construction, the duration of construction, and a phone number to the City
Community Development Department for the public to direct noise-related
complaints.
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N-2 City Approval and Personnel Briefing
Construction plans shall note construction hours, truck routes, and all construction noise
best management practices, and shall be reviewed and approved by the City Utilities
Department prior to advertisement of the construction request for bids. All const ruction
workers shall be briefed at a preconstruction meeting on construction hour limitations and
how, why, and where best management practices are to be implemented.
TRIBAL CULTURAL RESOURCES
Implement Mitigation Measures CUL-1, CUL-2, and CUL-3.
Upon motion of Council Member Francis, seconded by Council Member Boswell,
and on the following roll call vote:
AYES: Council Member Boswell, Francis, Marx, Vice Mayor Shoresman,
and Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 4th day of March 2025.
___________________________
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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