HomeMy WebLinkAboutPC-1012-16 (Bob Jones Pathway Connection)RESOLUTION NO. PC-1012-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, APPROVE CREEK SETBACK AND
MITIGATED NEGATIVE DECLARATION FOR BOB JONES PATHWAY
CONNECTION
WHEREAS, the City of San Luis Obispo desires to create a comprehensive network of
multi -use paths, consistent with its adopted Bicycle Transportation Plan (November 2013) and
General Plan Circulation Element (December 2014); and
WHEREAS, the project is consistent with the Bob Jones City -to -Sea Bike Trail
Preliminary Alignment Plan because it identifies a Class I Bikeway being developed adjacent to
San Luis Obispo Creek south of the downtown; and
WHEREAS, The City's 2011-13 Financial Plan included the Bob Jones Trail Octagon
Barn Connection project to identify the path alignment that will connect the City and the County
sections of the City -to -Sea trail; and
WHEREAS, Alta Planning + Design consultants developed a draft Bob Jones Pathway
Octagon Barn Connection Study and the document and its recommendations were reviewed and
recommended for approval by the City Bicycle Advisory Committee, County Bicycle Advisory
Committee, County Trails Committee, and County Parks and Recreation Commission; and
WHEREAS, the Planning Commission directed staff on September 11, 2013 to complete
Initial Environmental Studies related to the preferred alignment; and
WHEREAS, the City of San Luis Obispo completed an Initial Study of the environmental
impacts associated with the project and determined those impacts are considered to be less than
significant with the identified mitigation and monitoring measures implemented; and
WHEREAS, the Initial Environmental Studies and Mitigated Negative Declarations
published by the City for this project have been completed in compliance with the California
Environmental Quality Act and CEQA Guidelines; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the City Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California,
on November 9, 2016, pursuant to a proceeding instituted under GENP 30-13; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission has duly considered all evidence, including
testimony of the applicant, interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
R PC-1012-16
Resolution No. PC- 1012-16
GENP 30-13 (4433/4435 Octagon Way)
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. Findings. Based upon all evidence, the Commission makes the following
findings:
a) The preferred alignment shown in the Bob Jones Pathway Octagon Barn
Connections Study is the best alternative for the connection because it provides a
path along the creek while minimizing the impacts to agricultural lands.
b) The preferred alignment adjacent to San Luis Obispo Creek complies with the
City's General Plan goals and policies.
c) The placement of the trail within the creek setback satisfies each of the findings in
17.16.025.G.4(d) of the City's Zoning Regulations:
i. The location and design of the trail will minimize impacts to scenic resources,
water quality, riparian habitat, including opportunities for wildlife habitation,
rest, movement, being located outside of the creek's vegetated riparian corridor;
and
ii. The exception will not limit the City=s design options for providing flood
control measures that are needed to achieve adopted flood policies because the
trail will be designed considering the potential for flooding; and
iii. The exception will allow for the implementation of city -adopted plans which
include the development of bike paths within the creek setback; and
iv. There are special circumstances that apply to the site in the that the overall Bob
Jones City -to -Sea Trail was planned to follow the San Luis Obispo Creek; and
V. The exception will not constitute a grant of special privilege because other
sections of the Bob Jones City -to -Sea trail are located within the creek setback
and because the Bob Jones trail is a unique project by the City with public
benefits; and
vi. The exception will not be detrimental to the public welfare or injurious to other
property in the area of the project or downstream; and
vii. Developing the trail within the creek setback will minimize the potential
impacts to the remainder of the parcel; and
viii. Relocation of the trail outside the creek setback would further impact the
agricultural lands.
SECTION 2. Environmental Review. The project's Mitigated Negative Declaration (ER
30-13) adequately addresses potential significant environmental impacts of the proposed project,
includes mitigation measures that will avoid or reduce in insignificant levels impacts associated
with the project, and is hereby adopted. The mitigation measures and monitoring programs are as
follows:
Aesthetics
AES-1 Prior to construction, grading and construction plans shall be prepared showing the
following elements and verification measures:
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a. Grading and landform alterations shall be minimized to the maximum extent feasible,
and shall blend with the natural topography by following existing contours where
feasible.
b. Fences shall consist of 48-inch T-post wire and 36-inch split rail.
c. The bridge crossing at the pathway approach to South Higuera Street shall be designed
to be compatible with the existing agricultural visual setting, and shall include the use
of wood (or wood -simulated) or painted (dark brown or dark green, non -reflective,
muted color) guard rails. Weather -resistant, durable materials shall be used to minimize
required maintenance.
b. Appropriate non-invasive native plant materials (i.e., ground cover for pathway
shoulders, shrubs and trees for areas where these plants have been removed or
trimmed), as identified by a qualified individual, and as agreed to by the agricultural
landowner, that will cover graded areas and cut and fill slopes and that are compatible
with adjacent vegetation to minimize visual impacts.
c. Revegetation of disturbed areas shall occur concurrent with construction.
d. The City/County shall be responsible for mitigation monitoring to ensure mitigation
planting is installed and maintained for five years to ensure establishment.
Monitoring Program: These measures shall be incorporated into project grading and
building plans for review and approval by the City/County Public Works Department. Compliance
shall be verified by the City/County during regular inspections.
Ayricultural Resources
AG-1 Prior to commencing construction, grading and construction plans shall be prepared
showing compliance with the following measures:
a. During grading activities, contractor shall set aside the top six inches of topsoil for
incorporation into the adjacent agricultural field by the agricultural landowner.
b. All groundcover, soil stabilizers, and erosion control measures shall avoid the use of
invasive plant and seed material.
Monitoring Program: These measures shall be incorporated into project grading and
building plans for review and approval by the City/County Public Works Department. Compliance
shall be verified by the City/County during regular inspections.
AG-2 Prior to commencing operation of the pathway, City and County of San Luis Obispo shall
provide a payment of $6,000 per acre to offset the permanent impact of 1.3 acres of prime
farmland at a minimum 1:1 ratio, pursuant to City LUCE Policy 1.8.2 and City COSE
Policy 8.6.3(C). These funds will be held in a designated fund with the City of San Luis
Obispo for future acquisition of land or land interests of equal area and of equal quality,
which does not already have permanent protection, within the San Luis Obispo Planning
Area. The City/County shall identify an appropriate site prior to the construction phase of
the project.
Monitoring Program: Compliance shall be verified by the City/County and documented
for the public record prior to implementation of the project.
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GENP 30-13 (4433/4435 Octagon Way)
Page 4
AG-3 Prior to commencing construction, the City and County of San Luis Obispo, in coordination
with property owners and the San Luis Obispo County Department of Agriculture, shall
develop and implement a Farmland Conflict Reduction Plan. The Farmland Conflict
Reduction Plan shall include, at a minimum: methods for minimizing trespassing and
disturbance by trail users; procedures for minimizing pesticide exposure (notification,
pathway closure, etc.); and establishment of potential temporary pathway closure
procedures. The Farmland Conflict Reduction shall also include and comply with the
following measures:
a. Examples of the signage, striping, and fencing required. Signage shall describe the
importance of the local agricultural lands and educate the public/users how to respect
the surrounding important resources and reduce conflicts, including, but not limited to,
the following: staying on designated trails; minimizing litter/waste; and prohibiting
picking of crops.
b. Signage shall be located at the northern and southern terminuses of the alignment, and
all signage shall be installed prior to public use of the trail.
c. Pathway alignment and intersections shall be designed to minimize conflicts with
agricultural operations through use of deterring devices such as fencing, striping,
signage, bollards, and paving. Pavement and intersection development standards shall
be identified and accommodate use by agricultural machinery and vehicles at all
pathway/agricultural road intersection locations in order to minimize maintenance
requirements where the pathway crosses agricultural roads. All methods of reducing
conflict shall be demonstrated on final construction documents.
d. Circumstances that require temporary pathway closure shall be clearly defined. Such
circumstances may include routine maintenance, agricultural spraying, or potential
and/or actual flood conditions. The timing of and average duration of routine temporary
closures shall be clearly defined.
e. Every effort shall be made to schedule temporary pathway closures during non -peak
pathway usage periods, which are typically weekends, holidays, and commute hours,
as established with agricultural operator. Any temporary closures shall be clearly
posted at the trailheads, parking areas, and point of closure. The notification shall
identify the reason for the closure, time and date of closure, and duration of closure.
f. Signage shall be posted at least 24 hours prior to closure and removed immediately
upon the identified duration or being cleared for re -opening by the City and County of
San Luis Obispo.
g. Prior to issuance of grading permit and initiation of grading activities, the City and
County of San Luis Obispo shall ensure that final construction documents include the
requirements of the Farmland Conflict Reduction Plan
Monitoring Program: Preparation of the Farmland Conflict Reduction Plan is required
prior to construction. The approved Plan shall be implemented during construction and for the life
of the project. Compliance shall be verified by the City/County during regular inspections.
AG-4 Prior to commencing construction, the City and County of San Luis Obispo shall ensure
proposed grading, drainage, and construction plans, stormwater management plan, Storm
Water Pollution Prevention Plan, and sedimentation and erosion control plan include best
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GENP 30-13 (4433/4435 Octagon Way)
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management practices that would ensure that the proposed project minimizes the quantity
and rate of runoff off -site. The pathway shall be graded to convey runoff away from
agricultural crops and fields to reduce runoff onto adjacent agricultural lands.
Monitoring Program: These measures shall be incorporated into project grading and
building plans for review and approval by the City/County Public Works Department. Compliance
shall be verified by the City/County during regular inspections.
AG-5 Prior to operation of the pathway, and throughout the life of the project, the City and
County of San Luis Obispo shall provide and dispose of refuse bags and disposal cans for
domestic animal waste at an accessible, serviceable point along the alignment.
Monitoring Program: Compliance shall be verified by the City/County during regular
inspections.
Air 4aality
AQ-1 Fugitive Dust Control Measures. The proposed project shall implement the following dust
control measures so as to reduce PM10 emissions in accordance with SLOAPCD
requirements.
a. Reduce the amount of the disturbed area where possible;
b. Use of 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 mph. Reclaimed (nonpotable) water should be used whenever
possible;
c. All dirt stock pile areas should be sprayed daily as needed;
d. 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;
e. 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;
f. 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;
g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as
possible after grading unless seeding or soil binders are used;
h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site;
i. 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) in accordance with CVC Section 23114;
j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash
off trucks and equipment leaving the site;
k. 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;
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GENP 30-13 (4433/4435 Octagon Way)
Page 6
1. All of these fugitive dust mitigation measures shall be shown on grading and building
plans; and
in. 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 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 APCD Compliance Division prior to the start of any
grading, earthwork or demolition.
Monitoring Program: These conditions shall be noted on all project grading and building
plans. Public Works Inspectors shall conduct field monitoring.
AQ-2 Construction Equipment. The proposed project shall implement the following Standard
Control Measures for construction equipment as to reduce air emissions in accordance with
SLOAPCD requirements.
a. Maintain all construction equipment in proper tune according to manufacturer's
specifications;
b. Fuel all off -road and portable diesel powered equipment with ARB certified motor
vehicle diesel fuel (non -taxed version suitable for sue off -road);
c. Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner
off -road heavy-duty diesel engines, and comply with the State Off -Road Regulation;
d. Use on -road heavy-duty trucks that meet the ARB's 2007 or cleaner certification
standard for on -road heavy-duty diesel engines, and comply with the State On -Road
Regulation;
e. Construction or trucking companies with fleets that do not have engines in their fleet
that meet the engine standards identified in the above two measures may be eligible by
proving alternative compliance;
f. All on and off -road diesel equipment shall not idle for more than 5 minutes. Signs shall
be posted in the designated queuing areas and or job sites to remind drivers and
operators of the 5 minute idling limit;
g. Diesel idling within 1,000 feet of sensitive receptors is not permitted;
h. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;
i. Electrify equipment when feasible;
j. Substitute gasoline -powered in place of diesel -powered equipment, where feasible; and
k. Use alternatively fueled construction equipment on -site where feasible, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel.
1. All of these mitigation measures shall be shown on grading and building plans, and
confirmed by the contractor or builder in consultation with the City and County The
contractor or builder shall be responsible for ensuring and demonstrating compliance
during construction.
Monitoring Program: These conditions shall be noted on all project grading and building
plans. Public Works Inspectors shall conduct field monitoring.
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GENP 30-13 (4433/4435 Octagon Way)
Page 7
AQ-3 Developmental Burning. APCD regulations prohibit developmental burning of vegetative
material within San Luis Obispo County; therefore, burning of vegetative material shall
not occur.
Monitoring Program: These conditions shall be noted on all project grading and building
plans. The Public Works Inspectors shall conduct field monitoring.
AQ-4 Permits. Prior to construction, the contractor or builder shall obtain all required permits
from SLOAPCD, and shall provide documentation to the City/County. Portable equipment
and engines 50 horsepower (hp) or greater, used during construction activities will require
California statewide portable equipment registration (issued by the ARB) or an Air District
permit. The following list is provided as a guide to equipment and operations that may have
permitting requirements, but should not be viewed as exclusive:
a. Power screens, conveyors, diesel engines, and/or crushers;
b. Portable generators and equipment with engines that are 50 hp or greater;
c. Internal combustion engines;
d. Unconfined abrasive blasting operations;
e. Concrete batch plants;
f. Rock and pavement crushing;
g. Tub grinders; and,
h. Trommel screens.
Monitoring Program: These conditions shall be noted on all project grading and building
plans. The City/County shall obtain any required permits or exemptions issued by APCD.
AQ-5 Naturally Occurring Asbestos. Naturally Occurring Asbestos (NOA) has been identified as
a toxic air contaminant by the California Air Resources Board (ARB). Under the ARB Air
Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface
Mining Operations, prior to any grading activities a geologic evaluation shall be conducted
to determine if NOA is present within the area that will be disturbed. If NOA is not present,
an exemption request must be filed with the District. If NOA is found at the site, the
contractor or builder must comply with all requirements outlined in the Asbestos ATCM.
This may include development and implementation of an Asbestos Dust Mitigation Plan
and an Asbestos Health and Safety Program for approval and verification by the APCD.
More information on NOA can be found at
http://www.slocleanair.org/business/asbestos.asp.
Monitoring Program: These conditions shall be noted on all project grading and building
plans. The City/County shall obtain any required permits or exemptions issued by APCD.
Biological Resources
BR-1 Prior to commencement of construction the City/County shall retain a qualified biological
monitor(s) to ensure compliance with avoidance and minimization measures. Monitoring
will occur throughout the length of construction or as directed by the regulatory agencies.
Full-time monitoring will occur during initial grading, vegetation removal, and erosion
Resolution No. PC- 1012-16
GENP 30-13 (4433/4435 Octagon Way)
Page 8
control installation. Monitoring may be reduced to part-time once construction activities
are under way and the potential for additional impacts is reduced. Monitoring reports shall
be submitted to the City/County, or its designee, on a quarterly basis or as specified by
specific mitigation measures.
Monitoring Program: These conditions and measures shall be noted on all grading and
construction plans. The City/County Public Works Department and Natural Resources
.Manager/Environmental Coordinator shall verify compliance, including documentation of
retained monitor and receipt of monitoring reports.
BR-2 During construction, the biological monitor(s) will ensure that the spread or introduction
of invasive exotic plant species will be avoided to the maximum extent possible. When
practicable, invasive exotic plants on the project site will be removed and properly
disposed.
Monitoring Program: These conditions and measures shall be noted on all grading and
construction plans. The City/County Public Works Department and Natural Resources
Manager/Environmental Coordinator shall verify implementation of these measures, including
receipt and approval of biological monitoring reports documenting compliance.
BR-3 Prior to commencement of construction, the City/County, or its designee, shall clearly flag
or fence project site will be so that the contractor is aware of the limits of allowable site
access and disturbance. Areas within the designated project site that do not require regular
access will be clearly flagged as off -limit areas to avoid/discourage unnecessary damage
to sensitive habitats or existing vegetation within the project site.
Monitoring Program: These conditions and measures shall be noted on all grading and
construction plans. The City/County Public Works Department and Natural Resources
Manager/Environmental Coordinator shall verify implementation of these measures, including
receipt and approval of biological monitoring reports documenting compliance.
BR-4 Prior to commencement of construction, the City/County or its designee shall prepare a
Hazardous Materials (HAZMAT) Response Plan to allow 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 a spill occur. During
construction, all project -related hazardous materials spills within the project site will be
cleaned up immediately. Spill prevention and cleanup materials will be on site at all times
during construction. The HAZMAT Response Plan shall allow the cleaning and refueling
of equipment and vehicles occur only within a designated staging area, which shall be
located at least 60 feet from wetlands, other waters, or other aquatic areas. This staging
area will conform to best management practices (BMPs) applicable to attaining zero
discharge of stormwater runoff. At a minimum, all equipment and vehicles will be checked
and maintained on a daily basis to ensure proper operation and to avoid potential leaks or
spills.
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Monitoring Program: These conditions and measures shall be noted on all grading and
construction plans. The City/County Public Works Department and Natural Resources
Manager/Environmental Coordinator shall verify implementation of these measures, including
preparation of required documents, implementation of the approved Plan, and receipt and approval
of biological monitoring reports documenting compliance.
BR-5 Prior to commencement of construction, the City/County shall have a qualified arborist
prepare a vegetation management plan that minimizes the trimming of trees to the extent
feasible. To avoid the potential for accidental removal or unnecessary trimming of trees,
trees to be trimmed shall be clearly flagged. Un-flagged trees shall not be removed or
trimmed. All trimming shall be conducted by a qualified arborist.
Monitoring Program: These conditions and measures shall be noted on all grading and
construction plans. The City/County Public Works Department, City Arborist, and Natural
Resources Manager/Environmental Coordinator shall verify implementation of these measures,
including preparation of required documents, implementation of the approved Plan, and receipt
and approval of biological monitoring reports documenting compliance.
BR-6 Prior to commencement of construction, the City/County shall prepare and incorporate into
final construction documents an erosion control plan and stormwater pollution prevention
plan (SWPPP) for the project. Provisions of these plans shall be'implemented during and
after construction as necessary to avoid and minimize erosion and stormwater pollution in
and near the work area. The SWPPP shall include erosion control measures to be
implemented during and after project implementation. Best management practices
including, but not limited to, temporary construction fencing delineating the boundary of
the 30 to 60-foot wide construction corridor, silt fencing, fiber rolls, and barriers (e.g., hay
bales) will be installed between the project site and adjacent wetlands and other waters. No
synthetic plastic mesh products shall be used in any erosion control materials. At a
minimum, best management practices shall be checked and maintained by the contractor
on a daily basis throughout the construction period, and the biological monitor shall check
best management practices periodically, in addition to before and after rain events to ensure
compliance. The contractor shall also apply adequate dust control techniques, such as site
watering and use of soil stabilizers, during construction. The City/County or its designee
shall ensure compliance with the SWPPP throughout the duration of the proposed project.
Monitoring Program: These conditions and measures shall be noted on all grading and
construction plans. The City/County Public Works Department and Natural Resources
Manager/Environmental Coordinator shall verify implementation of these measures, including
preparation of required documents, implementation of the approved Plan, and receipt and approval
of biological monitoring reports documenting compliance.
BR-7 Prior to commencement of construction, the City/County shall prepare a construction
management plan that identifies the rules and requirements of the job site. The construction
management plan shall reference other applicable plans (i.e., SWPPP, HAZMAT Response
Plan, employee training program, etc.), identify construction hours, contact names and
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numbers, and other specific management requirements, including, but not limited to, the
following:
a. During construction, trash will be contained, removed from the work site, and disposed
of regularly. Following construction, all trash and construction debris will be removed
from work areas. All vegetation removed from the construction site shall be taken to a
certified landfill to prevent the spread of invasive species. If soil from weedy areas
(such as areas with poison hemlock or other invasive exotic plant species) must be
removed off site, the top 6 inches containing the seed layer in areas with weedy species
shall be disposed of at a certified landfill. Prior to removal, the City/County will
coordinate with the agricultural landowner to ensure the soil does not consist of desired
topsoil for agricultural crops.
b. During construction, no pets will be allowed on the construction site.
c. All other applicable biological measures referenced in this Initial Study that relate to
field practices during construction.
Monitoring Program: These conditions and measures shall be noted on all grading and
construction plans. The City/County Public Works Department shall verify implementation of
these measures, including preparation of required documents, implementation of the approved
Plan, and receipt and approval of biological monitoring reports documenting compliance.
BR-8 Prior to commencement of construction, City/County Public Works Department shall have
a qualified biologist prepare and conduct a worker environmental training program. The
environmental training program shall include descriptions of all special -status species with
the potential to occur within the project area, their ecology, legal status, the need for
conservation of the species, and what to do if one is observed. The environmental training
program shall be subject to review and approval by the City /County or assigned designee.
All construction personnel conducting work within habitat that potentially supports these
species shall participate in the training program conducted by a qualified biologist.
Evidence of participation in the environmental training program shall be submitted to the
City/County on a quarterly basis.
Monitoring Program: These conditions and measures shall be noted on all grading and
construction plans. The City/County Public Works Department and Natural Resources
Manager/Environmental Coordinator shall verify implementation of these measures, including
receipt and approval of biological monitoring reports documenting compliance.
BR-9 Prior to commencement of construction, the City/County shall have a qualified biologist
conduct pre -construction surveys and regular surveys during construction, as determined
by the qualified biologist, for Coast Range newts, southwestern pond turtles, and two -
striped garter snakes and any other California Special Concern species or other special -
status species. The City/County of San Luis Obispo shall obtain a letter of permission from
the California Department of Fish and Wildlife (CDFW) to relocate identified California
Special Concern species from work areas encountered during construction as necessary. A
qualified biologist shall capture and relocate any California Special Concern species or
other special -status species (if present) to suitable habitat outside of the area of impact.
Observations of California Special Concern species or other special -status species shall be
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documented on California Natural Diversity Database forms and submitted to CDFW and
the City /County, or its designee, upon project completion.
Monitoring Program: These conditions and measures shall be noted on all grading and
construction plans. The City/County Public Works Department and Natural Resources
Manager/Environmental Coordinator shall verify implementation of these measures, including
receipt and approval of biological monitoring reports documenting compliance.
BR-10 Prior to commencement of construction, the City/County shall implement the following
avoidance and minimization measures for California red -legged frog:
a. Prior to ground disturbance, 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
California red -legged frog 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 them from the site before work activities begin. The USFWS-approved biologist
shall relocate the California red -legged frogs the shortest distance possible to a location
that contains suitable habitat and will not be affected by the activities associated with
the project. The USFWS-approved biologist shall maintain detailed records of any
individuals that are moved (e.g., size, coloration, any distinguishing features,
photographs [digital preferred]) to assist him or her in determining whether translocated
animals are returning to the point of capture.
b. Prior to commencement of grading and construction, a USFWS-approved biologist
shall conduct a training session for all construction personnel. At a minimum, the
training shall include a description of the California red -legged frog and its habitat, the
specific measures that are being implemented to conserve the California red -legged
frog 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.
c. A USFWS-approved biologist shall be present at the work site until all California red -
legged frogs have been removed (as applicable), workers have been instructed, and
disturbance of the upland habitat has been completed. After this time, the City/County
shall designate a person to monitor on -site compliance with all minimization measures
as required under the Habitat Mitigation and Monitoring Plan.
d. All refueling, maintenance, and staging of equipment and vehicles shall occur at least
60 feet (18 meters) from the riparian habitat or water bodies and not in a location from
which a spill would drain directly toward aquatic habitat. The monitor shall ensure
contamination of habitat does not occur during such operations.
e. Disturbed areas shall be revegetated with an assemblage of native, non-invasive plant
species. 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 associated with the
project, unless that it is not feasible or modification of original contours would not
benefit the California red -legged frog.
f. The total area of activity (i.e., construction corridor, staging area, access route) shall be
limited to the minimum necessary, and delineated with flagging and/or temporary
construction fencing.
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g. To the maximum extent feasible, work shall be scheduled for the times of the year when
impacts to the California red -legged frog would be minimal (i.e. avoid the breeding
season, November through May, if possible).
h. Best management practices (BMPs) shall be implemented to control sedimentation
during and after project implementation.
i. If a work site is to be temporarily dewatered by pumping, intakes shall be completely
screened with wire mesh not larger than 0.2 inch (5 mm) to prevent California red -
legged frogs from entering the pump system. Water shall be released or pumped
downstream at an appropriate rate to maintain downstream flows during construction.
j. Water shall not be impounded in a manner that may attract California red -legged frog.
k. The use of herbicides is prohibited as the primary method to control invasive, exotic
plants within the pathway alignment.
Monitoring Program: These conditions and measures shall be noted on all grading and
construction plans. The City/County Public Works Department and Natural Resources
Manager/Environmental Coordinator shall verify implementation of these measures, including
receipt and approval of biological monitoring reports documenting compliance.
BR-11 The City and County shall obtain all necessary permits or authorizations from Federal and
State Agencies, including the US Army Corps of Engineers, Regional Water Quality
Control Board, and California Department of Fish and Wildlife, or documentation that such
permit and authorizations are not warranted, based on the final design of the project.
Pursuant to Section 7 of the Endangered Species Act, formal consultation shall be initiated
with the California Department of Fish and Wildlife, US Fish and Wildlife Service and/or
the National Marine Fisheries Service for impacts to listed species (i.e. south-central
California coast steelhead ESU).
Monitoring Program: These conditions and measures shall be noted on all grading and
construction plans. The City/County Public Works Department and Natural Resources
Manager/Environmental Coordinator shall verify compliance with federal, state, and local
permitting requirements, as applicable, based on the final design of the project.
BR-12 If any special -status species are observed in or near work areas during monitoring or
construction, the City/County shall have a qualified biologist map, establish and mark off
an exclusion zone, and avoid these species until the appropriate regulatory agencies (e.g.,
California Department of Transportation, US Fish and Wildlife Service, and California
Department of Fish and Wildlife) are consulted for further mitigation options. Additional
measures may include temporary halting of work, avoidance, relocation, or other measures
as identified by the resource agencies, depending upon the specific species and its
distribution.
Monitoring Program: These conditions and measures shall be noted on all grading and
construction plans. The City/County Public Works Department and Natural Resources
Manager/Environmental Coordinator shall verify implementation of these measures, including
receipt and approval of biological monitoring reports documenting compliance.
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BR-13 Prior to issuance of any permit, the City/County shall document on all final construction
documents that vegetation trimming shall occur outside of the nesting season (as
determined by qualified biologist), wherever possible, to minimize birds nesting within
areas of disturbance during or just prior to construction. These timing requirements shall
be confirmed by the City Natural Resources Manager/ County Environmental Coordinator
or designee.
Monitoring Program: These conditions and measures shall be noted on all grading and
construction plans. The City/County Public Works Department and Natural Resources
Manager/Environmental Coordinator shall verify implementation of these measures, including
receipt and approval of biological monitoring reports documenting compliance.
BR-14 If construction activities are proposed to occur during the typical nesting season (February
15 to August 31) within 200 feet (60 meters) of potential nesting habitat the City/County
shall have a qualified biologist conduct pre -construction surveys for nesting birds
(including swallows) in potential nesting habitat. Pre -construction surveys shall be
conducted at least two weeks prior to construction and periodically during the construction
period to determine presence/absence of nesting birds within the project area. The USFWS
and/or the CDFW shall be contacted if any listed bird species are observed during surveys
and consulted for additional guidance if nesting birds are observed within or near the
boundaries of the project site. Nests, eggs, or young of birds covered by the Migratory Bird
Treaty Act and the California Fish and Game Code shall not be moved or disturbed until
the end of the nesting season or until young fledge, whichever is later, nor shall adult birds
be killed, injured, or harassed at any time. Work activities shall be avoided within 100 feet
(30 meters) of active bird nests and 200 feet (60 meters) of active raptor nests until young
birds have fledged and left the nest. Readily visible exclusion zones shall be established by
a qualified biologist in areas where active nests must be avoided. Results of the pre -
construction surveys shall be submitted to the City/County, or its designee, upon
completion and prior to construction.
Monitoring Program: These conditions and measures shall be noted on all grading and
construction plans. The City/County Public Works Department and Natural Resources
Manager/Environmental Coordinator shall verify implementation of these measures, including
receipt and approval of biological monitoring reports documenting compliance.
BR-15 Prior to commencement of construction, the City/County or its designee shall prepare a
comprehensive Habitat Mitigation and Monitoring Plan (HMMP), for review and approval
by the City /County, that specifies final mitigation requirements for impacts to vegetation
and natural habitats including the requirements of permits and consultation with the
resource agencies (as applicable based on the final design). The HMMP shall identify
specific mitigation sites based on the specific mitigation acreage required by regulatory
agencies during the permitting process and as identified below. The HMMP shall be
consistent with federal and state regulatory requirements and reflect any regulatory permit
conditions, as required. The City/County or its designee shall ensure implementation of
mitigation requirements of the HMMP during construction and immediately following
Resolution No. PC- 1012-16
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Page 14
project completion. Measures identified in the final HMMP shall include at a minimum the
following:
a. On -site mitigation at the following minimum ratios, unless determined otherwise by a
regulatory agency, which shall ensure no net loss of habitat:
b. On -site mitigation (within areas in or near the San Luis Obispo Creek watershed) for
permanent impacts to jurisdictional areas would be implemented at a minimum 2:1
ratio;
c. Off -site mitigation for permanent impacts to jurisdictional areas would be implemented
at a 3:1 ratio; and
d. On -site and/or off -site mitigation for temporary impacts to jurisdictional areas would
be implemented at a 1:1 ratio.
e. Any loss of southern California black walnut trees and coast live oak trees shall be
mitigated at a 4:1 restoration ratio for every walnut or oak tree removed and at a 2:1
ratio for every walnut or oak tree trimmed or otherwise impacted but not removed. If
more than 25 percent of a walnut or oak tree must be trimmed, it shall be mitigated at
a 4:1 restoration ratio.
f. Implementation of the restoration and mitigation activities will be conducted or
overseen by an agency -approved restoration specialist. The restoration specialist will
oversee site preparation and plant installation to ensure conformity with the approved
HMMP. Restoration and mitigation activities shall include, but are not limited to, plant
salvage, site preparation and planting, installation of irrigation, and preparation and
implementation of maintenance and monitoring plans.
g. The maintenance plan shall address watering requirements, weed control, herbicide
use, vandalism, and remedial plantings and fertilizing. The monitoring plan shall
identify a monitoring schedule, performance goals, other attributes to monitor, and
reporting requirements.
Monitoring Program: These conditions and measures shall be noted on all grading and
construction plans. The City/County Public Works Department and Natural Resources
Manager/Environmental Coordinator shall verify implementation of these measures, including
receipt and approval of the HMMP, and subsequent monitoring reports documenting compliance.
Cultural Resources
CR-1 Prior to commencement of construction, final grading and construction plans shall
delineate the extent of the Stometta Bridge and a minimum 50-foot buffer, and shall
prohibit the use of construction equipment and storage of materials on the bridge and within
the 50-foot buffer area. The 50-foot buffer shall be delineated in the field using temporary
construction fencing and/or flagging.
Monitoring Program: These conditions shall be noted on all grading and construction
plans. The County Public Works Department shall verify compliance.
CR-2 Prior to commencement of construction, the City/County shall ensure the preparation of a
Cultural Resources Monitoring Plan, prepared by a_qualified archaeologist. The intent of
Resolution No. PC- 1012-16
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Page 15
this Plan is to monitor all earth -disturbing activities. The Monitoring Plan shall include at
a minimum:
a. List of personnel involved in the monitoring activities;
b. Inclusion of involvement of the Native American community, as appropriate;
c. Description of how the monitoring shall occur;
d. Description of frequency of monitoring (e.g., full-time, part time, spot checking);
e. Description of what resources are expected to be encountered;
f. Description of circumstances that would result in the halting of work at the project site
(e.g., What is considered "significant" archaeological resources?);
g. Description of procedures for halting work on the site and notification procedures; and
h. Description of monitoring reporting procedures.
Monitoring Program: These conditions shall be noted on all grading and construction
plans. The City/County Public Works Department shall verify compliance, including preparation
and implementation of the Plan, and review and approval of cultural resources monitoring reports
documenting compliance with required mitigation measures.
CR-3 If, during the course of constructing and implementing the proposed project,
archaeological, paleontological, or cultural resources (i.e., prehistoric sites, historic sites,
or isolated artifacts and features) are discovered, the contractor shall halt all ground
disturbing activities immediately within 50 feet of the discovery, the City/County shall be
notified, and a professional archaeologist, architectural historian, or paleontologist
(depending on the nature of the finding) shall be retained to determine the significance of
the discovery. The City/County shall consider mitigation recommendations presented by
the professional, and the City/County shall consult and agree upon implementation of a
measure(s) that they deem feasible and appropriate. Such measures may include avoidance,
preservation in place, excavation, documentation, curation, data recovery, or other
appropriate measures. The City/County shall be required to implement any mitigation
necessary for the protection of archaeological, paleontological, and cultural resources.
Monitoring Program: These conditions shall be noted on all grading and construction
plans. The City/County Public Works Department shall verify compliance, including review and
approval of cultural resources monitoring reports documenting compliance with required
mitigation measures.
CR-4 In the event of human burial discovery, no further disturbance shall occur within 100 feet
of the finding until the County of San Luis Obispo (County) Coroner has made a
determination of origin and disposition pursuant to PRC Section 5097.98. The County
Coroner must be notified of the find immediately. If the human remains are determined to
be Native American, the County Coroner will notify the Native American Heritage
Commission within 24 hours, which will determine and notify a Most Likely Descendant
(MLD). The City/County shall allow the MLD to complete an inspection of the site
(typically within 48 hours of notification) and shall comply with MLD recommendations,
which may include scientific removal and nondestructive analysis of human remains and
items associated with Native American burials.
Resolution No. PC- 1012-16
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Page 16
Monitoring Program: These conditions shall be noted on all grading and construction
plans. The City/County Public Works Department shall verify compliance, including review and
approval of cultural resources monitoring reports documenting compliance with required
mitigation measures.
CR-5 Prior to development of Native American interpretive materials or educational signage
associated with the project, the City/County shall coordinate with local Native American
tribal representatives regarding appropriate language and educational information to be
included in the materials or on the signage.
Monitoring Program: The City/County Public Works Department shall verify compliance.
Hydrology
HYD-1 The City/County shall install signage on the pathway including wording notifying
and cautioning users of potential flooding hazards both during and following rain events.
Monitoring Program: The City/County Public Works Department shall verify compliance.
Noise
a) N-1 Prior to issuance of grading and construction permits, the Applicant shall submit a
Construction Noise Reduction Plan including, but not limited to, the following measures
(or comparable, equally effective measures):
b) a. All residences within 200 feet of the project site shall be notified of scheduled
construction activity a minimum of 14 days prior to initiation of construction.
c) b. Minimize the use of impact devices, such as jackhammers, pavement breakers, and
hoe rams.
d) c. Pneumatic impact tools and equipment used at the construction site shall have
intake and exhaust mufflers recommended by the manufacturers thereof.
e) d. Provide impact noise producing equipment, i.e. jackhammers and pavement
breaker(s), with noise attenuating shields, shrouds or portable barriers or enclosures, to
reduce operating noise.
f) e. Line or cover hoppers, conveyor transfer points, storage bins, and chutes with
sound -deadening material (e.g., apply wood or rubber liners to metal bin impact
surfaces).
g) f. Provide upgraded mufflers, acoustical lining or acoustical paneling for other noisy
equipment, including internal combustion engines.
h) g. Use alternative procedures of construction and select a combination of techniques
that generate the least overall noise and vibration. Such alternative procedures could
include the following: use electric welders powered by remote generators; mix concrete
at non -sensitive off -site locations, instead of on -site; and erect prefabricated structures
instead of constructing buildings on -site.
i) i. Use construction equipment manufactured or modified to reduce noise and
vibration emissions where feasible such as: electric instead of diesel -powered
Resolution No. PC- 1012-16
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Page 17
equipment; hydraulic tools instead of pneumatic tools; and electric saws instead of air -
or gasoline -driven saws.
j) j. Turn off idling equipment when not in use for periods longer than 30 minutes.
k) k. Operate equipment so as to minimize banging, clattering, buzzing, and other
annoying types of noises.
1) 1. Provide enclosures for stationary items of equipment and noise barriers around
particularly noisy areas at the project site.
m) m. Minimize noise -intrusive impacts during most noise sensitive hours (7:00 PM to
7:00 AM).
Monitoring Program: These conditions shall be noted on all grading and construction
plans. The City/County Public Works Department shall verify compliance.
Upon motion by Commissioner Larson, seconded by Commissioner Dandekar, and on the
following roll call vote:
AYES: Commissioners Dandekar, Larson, Malak, and Chair Stevenson
NOES: None
ABSENT: Commissioner Knight and Vice -Chair Fowler
The foregoing resolution was adopted this 9th day of November, 2016.
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Doug David on, Secretary
Planning Commission