HomeMy WebLinkAbout05-02-2017 - Council Reading File - 2017_0303_Marsh Street Bridge SOC
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
REGARDING FINAL ENVIRONMENTAL IMPACT REPORT FOR THE
MARSH STREET BRIDGE REPLACEMENT PROJECT
SCH No. 2015031038
March 2017
Table of Contents
I. INTRODUCTION .......................................................................................................................................... 1
A. Findings of Fact and Statement of Overriding Considerations ............................................................. 1
B. Record of Proceedings .......................................................................................................................... 3
C. Custodian and Location of Records ...................................................................................................... 4
II. Project Summary ....................................................................................................................................... 4
A. Project Location .................................................................................................................................... 4
B. Project Background ............................................................................................................................... 4
C. Project Description ............................................................................................................................... 4
C. Project Purpose and Need .................................................................................................................... 6
III. Environmental Review and Public Participation ...................................................................................... 6
IV. Summary of Impacts ................................................................................................................................ 7
V. Findings Regarding Significant Impacts .................................................................................................... 8
A. Findings Regarding Impacts That Will be Mitigated to Below a Level of Significance (CEQA
21081(a)(1) and CEQA Guidelines 15091(a)(1) ......................................................................................... 8
B. Findings Regarding Mitigation Measures Which are the Responsibility of Another Agency (CEQA
21081(a)(2) and CEQA Guidelines 15091(a)(2) ....................................................................................... 12
C. Findings Regarding Infeasible Mitigation Measures and Avoidance Alternatives (CEQA 21081(a)(3)
and CEQA Guidelines 15091(a)(3) ........................................................................................................... 12
VI. Statement of Overriding Considerations ............................................................................................... 14
A. Social and Public Safety Benefits ........................................................................................................ 14
B. Economic Benefits .............................................................................................................................. 15
VII. Conclusion ............................................................................................................................................. 15
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I. INTRODUCTION
A. Findings of Fact and Statement of Overriding Considerations
The California Environmental Quality Act (CEQA) (Pub. Res. Code 21000, et seq.) and the State CEQA
Guidelines (Guidelines) (14 Cal. Code Regs. 15000, et seq.) promulgated thereunder, require that the
environmental impacts of a proposed project be examined before a project is approved. In addition,
once significant impacts have been identified, CEQA and the CEQA Guidelines require that certain
findings be made before project approval. It is the exclusive discretion of the decision maker certifying
the EIR to determine the adequacy of the proposed candidate findings. Specifically, regarding findings,
Guidelines Section 15091 provides:
(a) No public agency shall approve or carry out a project for which an EIR has been certified which
identifies one or more significant environmental effects of the project unless the public agency
makes one or more written findings for each of those significant effects, accompanied by a brief
explanation of the rationale for each finding. The possible findings are:
1. Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the
Final EIR.
2. Such changes or alternatives are within the responsibility and jurisdiction of another
public agency and not the agency making the finding. Such changes have been adopted
by such other agency and can or should be adopted by such other agency.
3. Specific economic, legal, social, technological, or other considerations, including
considerations for the provision of employment opportunities for highly trained
workers, make infeasible the mitigation measures or project alternatives identified in
the Final EIR.
(b) The findings required by subdivision (a) shall be supported by substantial evidence in the record.
(c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has
concurrent jurisdiction with another agency to deal with identified feasible mitigation measures
or alternatives. The finding in subdivision (a)(3) shall describe the specific reasons for rejecting
identified mitigation measures and project alternatives.
(d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program
for reporting on or monitoring the changes which it has either required in the project or made a
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condition of approval to avoid or substantially lessen significant environmental effects. These
measures must be fully enforceable through permit conditions, agreements, or other measures.
(e) The public agency shall specify the location and custodian of the documents or other materials
which constitute the record of proceedings which its decision is based.
(f) A statement made pursuant to Section 15093 does not substitute for the findings required by
this section.
These requirements also exist in Section 21081 of the CEQA statute. The “changes or alterations”
referred to in Section 15091(a)(1) above, that are required in, or incorporated into, the project which
avoid or substantially lessen the significant effects of the project, may include a wide variety of
measures or actions as set forth in Guidelines Section 15370, including:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action.
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation.
(c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment.
(d) Reducing or eliminating the impact over time by preservation and maintenance operations
during the life of the action.
(e) Compensating for the impact by replacing or providing substitute resources or environments.
Should significant and unavoidable impacts remain after changes or alterations are applied to the
project, a Statement of Overriding Considerations must be prepared. The statement provides the lead
agency’s views on whether the benefits of a project outweigh its unavoidable adverse environmental
impacts. Regarding a Statement of Overriding Consideration, Guidelines Section 15093 provides:
(a) CEQA requires the decision‐making agency to balance, as applicable, the economic, legal, social,
technological, or other benefits, including regionwide or statewide environmental benefits, of a
proposed project against its unavoidable environmental risks when determining whether to
approve the project. If the specific economic, legal, social, technological, or other benefits,
including region‐wide or statewide environmental benefits, of a proposed project outweigh the
unavoidable adverse environmental effects, the adverse environmental effects may be
considered “acceptable.”
(b) When the lead agency approves a project which will result in the occurrence of significant
effects which are identified in the final EIR but are not avoided or substantially lessened, the
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agency shall state in writing the specific reasons to support its action based on the final EIR
and/or other information in the record. The statement of overriding considerations shall be
supported by substantial evidence in the record.
(c) If an agency makes a statement of overriding considerations, the statement should be included
in the record of the project approval and should be mentioned in the notice of determination.
This statement does not substitute for, and shall be in addition to, findings required pursuant to
Section 15091.
Having received, reviewed and considered the Final Environmental Impact Report for the Marsh Street
Bridge Replacement Project, State Clearinghouse No. 2015031038 (FIER), as well as all other information
in the record of proceedings on this matter, the following Findings of Fact (Findings) are made and
Statement of Overriding Considerations (Statement) is adopted by the City of San Luis Obispo in its
capacity as the CEQA Lead Agency. These Findings and Statement set forth the environmental basis for
current and subsequent discretionary actions to be undertaken by the City and responsible agencies for
the implementation of this project.
B. Record of Proceedings
For the purposes of CEQA and these Findings and Statement, the Record of Proceedings for the
proposed project consists of the following documents and other evidence, at a minimum:
The Notice of Preparation (NOP) and all other public notices issued by the City in conjunction
with the proposed project;
All responses to the NOP received by the City;
The FEIR;
The Draft EIR;
All written comments submitted by agencies or members of the public during the public review
comment period of the Draft EIR;
All responses to the written comments included in the FEIR;
The Mitigation Monitoring and Reporting Plan (MMRP);
The reports and technical memoranda included or referenced in any responses to comments in
the FEIR;
All documents, studies, EIRs, or other materials incorporated by reference in, or otherwise relied
upon during the preparation of, the Draft EIR and the FEIR;
Matters of common knowledge to the City, including but not limited to federal, state, and local
laws and regulations;
Any documents expressly cited in these Findings and Statement; and
Any other relevant materials required to be in the record of proceedings by Public Resources
Code Section 21167.6€.
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C. Custodian and Location of Records
The documents and other materials which constitute the administrative record for the City’s actions
related to the project are located at the City of San Luis Obispo, Public Works Department, 919 Palm
Street, San Luis Obispo, CA 93401. The City is the custodian of the administrative record for the project.
Copies of these documents, which constitute the Record or Proceedings, are and at all relevant times
have been and will be available upon request at the offices of the City noted at the address above. This
information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and Guidelines
Section 15091(e).
II. Project Summary
A. Project Location
The Marsh Street Bridge (Bridge Number 49C‐0298) over the San Luis Obispo Creek is located in the City
of San Luis Obispo on Marsh Street between Osos Street and Santa Rosas Street. The project is located
approximately 0.5 miles southeast of US Highway 101. At the project area, Marsh Street is a one‐way
major arterial connector from U.S. 101 through downtown San Luis Obispo serving local, commercial,
commuter, pedestrian, and bicycle traffic (see FEIR Figures 1.1‐1 and 1.1‐2). Built in 1909, the bridge is a
reinforced concrete structure with T‐beam girders and consists of a single span approximately 46 feet
long by 69 feet wide. The bridge carries three lanes of traffic over the creek along with a class II bike
lane and sidewalks on both sides of the road.
B. Project Background
A Caltrans bridge inspection determined that the bridge is structurally deficient due to a combination of
issues. The bridge has experienced a history of concrete spalling, corrosion of reinforcing steel within
the girder (evidenced by efflorescence and staining), poor condition of the bridge deck, cracks in the
girders, insufficient bridge foundation depth from scouring and damage to the southern guard rail
caused by vehicle collision (repaired with a K‐rail). As a result, the bridge has been recommended for
replacement. The project would replace the existing bridge over the San Luis Obispo Creek in order to
provide a safe and long lasting improvement to the transportation network in downtown San Luis
Obispo. A combination of Local Agency and Federal (Highway Bridge Program) funds are anticipated for
the Marsh Street Bridge Replacement project.
C. Project Description
The proposed project would replace the structurally deficient Marsh Street Bridge with a new bridge
structure. During construction Marsh Street is expected to be fully closed and detours would be
established for vehicle and pedestrian traffic. The project is located in Downtown San Luis Obispo on
Marsh Street between Osos Street and Santa Rosa Street. The environmental study area encompasses
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approximately 3 acres. The majority of permanent improvements would occur on City owned right‐of‐
way; however, some temporary construction easements are expected to be needed for the duration of
construction. The project has been designed to enhance safety on one of the major one‐way arterial
downtown San Luis Obispo roadways by replacing the structurally deficient Marsh Street Bridge.
Built in 1909, the Marsh Street Bridge (bridge) is a reinforced concrete structure with T‐beam girders
and consists of a single span approximately 46 feet long by 69 feet wide. The bridge carries three lanes
of traffic over the creek along with a class II bike lane and sidewalks on both sides of the road. The
Marsh Street Bridge was evaluated by Caltrans in 1986 and found to be eligible as a historic resource for
the National Register of Historic Places.
The proposed project would replace the existing bridge with a single span post‐tensioned slab bridge.
The proposed abutments would be located in approximately the same location as the existing
abutments. The new bridge would be 69 feet wide and 47 feet long. The abutments will be skewed 21
degrees in parallel with the creek channel. Removal of the existing bridge wingwalls would be needed.
Abutment 1 (easterly side) would require new wing walls to tie into the existing retaining walls along the
creek channel. At the southerly corner the wing wall would come straight back along the sidewalk and
tie into the existing retaining wall. At Abutment 2 (westerly side), a new retaining wall would be needed
at the north end. The wall would run perpendicular to Marsh Street and is expected to be 40 feet long.
The southerly wing wall would run along the sidewalk at the south corner and tie into an existing
retaining wall. The abutments would be supported on a micro‐pile foundation system . A 10‐foot
approach slab would be constructed at both bridge abutments.
The proposed bridge would clear span San Luis Obispo Creek and no permanent impacts to the channel
are anticipated. In order to provide enough room for construction, a temporary clear buffer of 25 feet
from the edge of each side of the bridge may be needed. Therefore, the existing riparian habitat may
need to be trimmed or removed to accommodate construction. It is anticipated that the maximum
bridge abutment excavation depth would be 10 feet below the surface level of San Luis Obispo Creek.
The excavation is needed to prepare the location for fill and placement of footings and piles that would
support the new bridge abutments. However, this work will be performed outside the creek channel.
There are active commercial properties adjacent to the bridge on the northeast, northwest, and
southwest corners. On the southwest corner is the driveway which serves a regional kidney dialysis
center and its adjacent parking lot, and on the northeast corner is an exit point for parking for an office
building. Construction activities may limit or eliminate these traditional access points on Marsh Street
for businesses; however, during the right‐of‐way phase, the City will investigate alternative access
routes with a goal of providing continuous alternative access to all affected businesses throughout
construction. Construction staging will occur on Marsh Street or on adjacent commercial property
parking lots within the project study area.
Minor utility relocation activities are expected on the bridge approach roadways. The new bridge would
contain conduits for bridge lighting, communications and future uses. The new bridge would also
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support a water line. A new sewer siphon will be constructed under the new bridge and creek to
replace the existing siphon that is in conflict with the proposed bridge abutments. All utility relocation
activities would be performed within the project study area.
C. Project Purpose and Need
The purpose of the Marsh Street Bridge Replacement Project is to replace a structurally deficient and
seismically inadequate bridge in order to:
Enhance safety on one of the major one‐way arterial connections between U.S. 101 and
downtown San Luis Obispo by providing a safer vehicular, pedestrian, and bicycle crossing over
the San Luis Obispo Creek;
Provide a transportation facility consistent with Caltrans Standards, as well as local, regional,
and statewide plans.
The existing Marsh Street Bridge is rated structurally deficient by Caltrans under Federal Highway
Administration prescribed inspection criteria. Full replacement of the bridge is needed because the
current structure does not meet structural design standards and rehabilitation will not solve the long
term structural concerns.
III. Environmental Review and Public Participation
In accordance with Guidelines Section 15082, the City of San Luis Obispo prepared a Notice of
Preparation for this project’s Environmental Impact Report, which was submitted to the California State
Clearinghouse on March 10, 2015 for distribution to other regulatory agencies that might like to
comment on the project. The Notice of Preparation provided a project overview, the purpose and need
of the project, a project description, and a summary of known environmental issues which would
require impact analysis in this EIR. The 30 day comment period for the Notice of Preparation is between
March 10, 2015 and April 8, 2015. No comments were received from other agencies during the Notice
of Preparation comment period.
The Draft EIR for the proposed project was then prepared and circulated for review and comment by the
public, agencies, and organizations for a public review period of 45 days that began on February 12,
2016 and ended on March 28, 2016. A Notice of Completion of the Draft EIR was sent to the State
Clearinghouse and the Draft EIR was circulated to State agencies for review through the State
Clearinghouse, Office of Planning and Research (SCH No. 2015031038). A Notice of Availability of the
Draft EIR for review was mailed to organizations and parties expressing interest in the project, as well as
property owners located within 500 feet of the project area. The Notice of Availability was also
published with the San Luis Obispo Tribune newspaper.
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The City of San Luis Obispo received two comments from members of the public at the March 2, 2016
Public Meeting and notice from the State Clearinghouse that no State agencies provided comments
during the public review period. Responses to the comments received have been incorporated into the
FEIR under Attachment I.
IV. Summary of Impacts
The FEIR concludes that the proposed project will have no significant impacts and require no mitigation
measures with respect to the following issues:
Aesthetics and Visual Resources
Agriculture and Forest Resources
Air Quality
Geology and Soils
Greenhouse Gas Emissions
Hydrology and Water Quality
Land Use and Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Utilities and Service Systems
Potentially significant impacts of the proposed project will be mitigated to below a level of significance
with respect to the following issues:
Biological Resources
o Revegetation and habitat restoration
o Protection of special status species known to occur in the SLO Creek
o Construction Work Window Restrictions
Hazards and Hazardous Materials
o Additional testing for potential hazardous materials prior to and during construction
o Health and Safety Plan
Transportation and Traffic
o Implement a Traffic Management Plan to accommodate traffic during construction
closure of Marsh Street at the project location
No feasible mitigation measures are available to reduce impacts to below a level of significance for the
following issues:
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Cultural Resources
o Demolition of the Historic Marsh Street Bridge
V. Findings Regarding Significant Impacts
A. Findings Regarding Impacts That Will be Mitigated to Below a Level of
Significance (CEQA 21081(a)(1) and CEQA Guidelines 15091(a)(1)
The City, having reviewed and considered the information contained in the FEIR and the Record of
Proceedings pursuant to Public Resources Code 21081(a)(1) and State CEQA Guidelines 15091(a)(1),
adopts the following findings regarding the significant effects of the proposed project, as follows:
Changes or alterations have been required in, or incorporated into, the project that mitigate
or avoid the significant effects on the environment as identified in the FEIR (SCH No.
2015031038) as described below:
BIOLOGICAL RESOURCES
Potentially Significant Effect (Natural Communities)
A small area of valley foothill riparian habitat will be impacted during project construction.
Facts in Support of Finding
The City will mitigate the impact of this vegetation and habitat loss by requiring onsite replanting
through a habitat restoration plan. As such there is a potential for significant impacts to Natural
Communities as a result of project construction; however, those impacts would be reduced to a less
than significant level through habitat mitigation outlined in measures BIO‐1 through BIO‐5.
Potentially Significant Effect (Wetlands and other Waters)
A small area of jurisdictional Waters of the U.S. and State will be impacted during project construction.
Facts in Support of Finding
The City will coordinate with the United States Army Corps of Engineers, Regional Water Quality Control
Board, and California Department of Fish and Wildlife to obtain the appropriate permits which would
authorize construction activities within their jurisdiction. Permit requirements and Mitigation Measures
BIO‐6 through BIO‐8 would ensure that impacts to jurisdictional waters are minimized where possible.
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As such there is a potential for significant impacts to Wetlands and other Waters as a result of project
construction; however, those impacts would be mitigated to a less than significant level.
Potentially Significant Effect (Special Status Animal Species)
The proposed replacement of the Marsh Street Bridge has the potential to affect the following special
status wildlife species in the project area during construction: Foothill yellow‐legged frog, Western
pond turtle, Pallid bat, Western mastiff bat, Purple martin, and protected migratory bird species.
Facts in Support of Finding
No special status animal species were identified in the project area, but suitable habitat exists so the
presence of species discussed above cannot be ruled out. Impacts to animal species could be potentially
significant if they were present during construction activities; however, those impacts would be reduced
to a less than significant level by including mitigation measures BIO‐9 through BIO‐14 to protect wildlife
during construction.
Potentially Significant Effect (Threatened and Endangered Species)
The proposed replacement of the Marsh Street Bridge has the potential to directly and indirectly affect
federal and state listed threatened California red‐legged frog and South‐central coast steelhead and
their Critical Habitats. Furthermore the project may indirectly impact the federally endangered Least
Bell’s vireo, the federally endangered Southwestern willow flycatcher, and the federally threatened
Western yellow‐billed Cuckoo through loss of habitat during construction.
Facts in Support of Finding
California red‐legged frog and South‐central coast steelhead are known to occur in the project area and
the San Luis Obispo Creek has been designated as Critical Habitat for both species. The City of San Luis
Obispo has consulted with the United States Fish and Wildlife Service as well as the National Marine
Fisheries Service and obtained a “not likely to adversely affect” determination for both species with the
inclusion of avoidance, minimization, and mitigation measures. Measures BIO‐15 through BIO‐30
mitigate potential impacts to California red‐legged frog, measures BIO‐31 through BIO‐37 mitigate
potential impacts to South‐central coast steelhead. Project impacts to the federal and state threatened
CRLF and South‐central coast steelhead could be potentially significant; however, those impacts would
be reduced to a less than significant level by including appropriate mitigation measures to protect those
species and their habitat during and after construction.
In addition to measures BIO‐1, BIO‐2, and BIO‐22, Measures BIO‐38 and BIO‐39 will mitigate potentially
significant impacts to Least Bell’s vireo, Southwestern willow flycatcher and Western yellow billed
cuckoo to a less than significant level.
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Rationale and Conclusion for Biological Resources
The individual actions making up mitigation measures BIO‐1 through BIO‐39 will assure that impacts to
biological resources, including natural communities, special status animal species, and threatened and
endangered species are avoided and minimized to the greatest extent feasible. Impacts to these
biological resources are potentially significant but would be substantially reduced to a less than
significant level through implementation of these specific 39 biological avoidance, minimization, and
mitigation measures. Implementation of these measures would be assured through incorporation of
into the MMRP which will be reviewed and implemented by the City of San Luis Obispo and their
contractors during construction.
HAZARDS AND HAZARDOUS MATERIALS
Potentially Significant Effect
The proposed replacement of the Marsh Street Bridge has the potential to encounter hazards or
hazardous materials during construction which could present a health and human safety concern for
construction workers and adjacent property owners.
Facts in Support of Finding
Potential hazardous materials have been identified through primary identification efforts and additional
testing and/or remediation will be required prior to or during construction. Prior to the start of
construction, the City of San Luis Obispo will test previously identified potential hazardous areas to
determine if any hazardous materials are present. Testing for asbestos containing materials and lead
containing paint on the bridge structure will be performed if any hazardous materials are identified.
Special provisions for disposal during demolition will be included in the 100% plans specifications and
estimate package. Furthermore, the construction contractor will prepare a site‐specific health and
safety plan to ensure impacts to construction workers and members of the public adjacent to the
project area are protected in the event of an unexpected discovery of hazardous materials such as
petroleum hydrocarbon contamination in the ground or groundwater.
Rationale and Conclusion for Hazards and Hazardous Materials
Impacts caused by hazards or hazardous materials identified or unexpectedly discovered on site could
be potentially significant; however, those impacts would be reduced to a less than significant level by
including mitigation measures HAZ‐1 through HAZ‐6 to protect the human and natural environment
during and after construction.
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TRANSPORTATION AND TRAFFIC
Potentially Significant Effect
The proposed replacement of the Marsh Street Bridge, and associated closure of Marsh Street during
construction, has the potential to cause significant traffic impacts in and around the project area due to
exceedances in the City of San Luis Obispo’s Level of Service (LOS) standards.
Facts in Support of Finding
The Traffic Impacts Memorandum prepared for this project evaluated the extent of potential traffic
impacts, predominantly associated with the temporary closure of Marsh Street during construction. A
series of traffic management mitigation measures have been identified in the Traffic Impacts
Memorandum which would collectively improve LOS throughout the San Luis Obispo downtown area
during construction and would marginalize the impacts from closing Marsh Street for approximately six
months to replace the bridge.
Mitigation measures for improving traffic operations during construction start with a comprehensive
public notification campaign. This campaign will include portable changeable message signs and key
intersections on Marsh Street and adjacent roadways, notifying local businesses and city services that
might be affected by the closure of Marsh Street, and preparation of an emergency response plan in
coordination with emergency response agencies. During construction traffic signs will be placed at the
US‐101 freeway exit to Marsh Street and other key locations throughout the downtown area to notify
drivers that Marsh Street between the Bridge and Santa Rosa Street is closed to vehicular and
pedestrian traffic. Detour routes will be identified to filter traffic off of Marsh Street gradually using
Chorro Street and Mill Street. Lane striping and traffic signal timing will be adjusted to best meet the
traffic demands at intersections that are part of the prescribed detour routes. Daily traffic monitoring
will be performed and additional signage or traffic modifications will be implemented if it is warranted
by higher than expected congestion. Lastly, signage will be provided notifying travelers that businesses
along Marsh Street remain open throughout construction and that open businesses can be accessed on
Marsh Street just east of Osos Street.
Rationale and Conclusion for Transportation and Traffic
Traffic impacts resulting from the closure of Marsh Street during construction could be potentially
significant; however, those impacts would be reduced to a less than significant level by including
mitigation measures TRAF‐1 through TRAF‐9 to ensure LOS in the study area is consistent with
acceptable standards identified in the City of San Luis Obispo’s General Plan, Circulation Element.
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B. Findings Regarding Mitigation Measures Which are the Responsibility of
Another Agency (CEQA 21081(a)(2) and CEQA Guidelines 15091(a)(2)
The City, having reviewed and considered the information contained in the FEIR and the Record of
Proceedings, finds pursuant to CEQA 21081(a)(2) and State CEQA Guidelines 15091(a)(2), that there are
no changes or alterations which could reduce significant impacts that are the responsibility and
jurisdiction of another public agency.
C. Findings Regarding Infeasible Mitigation Measures and Avoidance
Alternatives (CEQA 21081(a)(3) and CEQA Guidelines 15091(a)(3)
The City, having reviewed and considered the information contained in the FEIR and the Record of
Proceedings pursuant to Public Resources Code 21081(a)(3) and State CEQA Guidelines 15091(a)(3),
makes the following findings regarding Cultural Resources (historic bridge structure):
Specific economic, legal, social, technological, or other considerations, including
considerations of the provision of employment opportunities for highly trained workers, make
infeasible the mitigation measures or alternatives identified in the FEIR (SCH No. 2015031038)
as described below:
No avoidance alternatives are identified in the FEIR for those significant impacts arising from demolition
of the historic Marsh Street Bridge associated with Cultural Resources. Mitigation measures have been
identified to reduce the significant impacts to the historic bridge, but the City has determined that these
mitigation measures will not reduce impacts to this historic Marsh Street Bridge to less than significant
level. This finding is appropriate, however, because there are no feasible mitigation measures available
that would reduce identified impacts to below a level of significance.
Feasible is defined in Section 15364 of the CEQA Guidelines to mean “capable of being accomplished in a
successful manner within a reasonable period of time, taking into account economic, environmental,
legal, social, and technological factors.” The CEQA statute (Section 21081) and the Guidelines (Section
15019(a)(3)) also provide that “other” considerations may form the basis for a finding of infeasibility.
Case law makes clear that a mitigation measure or alternative can be deemed infeasible on the basis of
its failure to meet project purpose and/or need or on related public policy grounds.
CULTURAL RESOURCES
Significant Effect
The proposed project will require complete demolition of the existing historic Marsh Street Bridge over
the San Luis Obispo Creek, which will result in a significant and unavoidable impact to cultural resources.
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Facts in Support of Finding
The City of San Luis Obispo has studied project alternatives that would avoid significant impacts to the
historic Marsh Street Bridge. These alternatives include the No‐Build Alternative and a Bridge
Rehabilitation Alternative. The No‐Build Alternative would not improve the existing structurally
deficient bridge and as its condition continued to deteriorate, full closure of the bridge would be
necessary at some point in the future. This alternative does not meet the purpose and need of the
project and would result in significant and unavoidable impacts in the future for both cultural resources
(historic bridge deterioration) and for traffic due to the future need to permanently close Marsh Street.
The Bridge Rehabilitation Alternative was studied by the City in an Alternatives Study Report in January,
2013. The Bridge Rehabilitation Alternative would cost less than a replacement alternative, has the
shortest construction time, and the least environmental impacts, including retaining the historic bridge
structure. However, the Bridge Rehabilitation alternative does not replace the deteriorating concrete
superstructure that will continue to crack and spall as it ages. At best, this alternative would simply
delay the need to replace the bridge and would result in, at best, an additional 20 years of service life
before additional major rehabilitation or replacement would be needed. Drainage issues would not be
resolved and could further reduce the useful life of the bridge. Because of these long‐term structural
deficiencies, the Bridge Rehabilitation Alternative does not meet the project purpose and need, and the
City has eliminated it from further consideration.
Other than these avoidance alternatives, which have been determined to be infeasible, no mitigation
measures or project features have been identified that are not already a part of the project (to the
extent feasible) that could mitigate this impact to a less than significant level. In coordination with
Caltrans Environmental Staff (as part of the project’s National Environmental Policy Act compliance) and
the California State Historic Preservation Officer, the City has identified mitigation measures which will
reduce significant impacts to the historic Marsh Street Bridge, but the City has determined that these
measures will not reduce the impact below a significant level. These measures include a full Historic
American Engineering Record of the historic bridge prior to demolition (both photographic and written),
and recordation of the bridge in the Caltrans Transportation Library Historic Center, as well as the Office
of Historic Preservation in Sacramento. The City will install new informative permanent metal plaques
on the new bridge in a publically accessible location that provides a brief history of the original bridge,
it’s historic significance, the reasons for its replacement, and an explanation of the how the new bridge
differs from the old bridge. The City will create and host a website dedicated to the Historic Marsh
Street Bridge, providing the history and significance of the bridge, the career of bridge designer John B.
Leonard, and the development of concrete girder bridge typology. Finally, the new bridge has been
designed to mimic the aesthetics of the original bridge construction, particularly in the most visible
portions, including the barrier railing, concrete parapets, and the bridge lighting.
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Rational and Conclusion for Cultural Resources
The City of San Luis Obispo has evaluated other alternatives and found that they would either not be
feasible and/or prudent, or would also result in an adverse effect and significant impact to the historic
structure. As such, the City has coordinated with Caltrans and the State Historic Preservation Officer to
identify measures that would reduce the severity of these significant impacts; however, these impacts
are not able to be mitigated to a less than significant level.
VI. Statement of Overriding Considerations
Pursuant to CEQA Section 21081 and Guidelines Section 15091, the City has adopted all feasible
mitigation measures with respect to the project’s significant impacts and determined that no feasible
mitigation measures exist for the project’s unavoidable adverse impacts to Cultural Resources. The City
has also examined alternatives to the proposed project and determined that none of the alternatives
analyzed in the FEIR are feasible because they fail to meet the project’s basic purpose and need, and/or
fail to provide sufficient environmental benefits compared to the project.
As required by CEQA Section 21081(b) and Guidelines Section 15093, the City has balanced the specific
economic, legal, social, technological, and other benefits of the proposed project against its unavoidable
adverse impacts and has determined that the benefits outweigh the impacts, so the unavoidable
adverse impacts described above are considered “acceptable.” This determination is based on the
following specific benefits, each of which is determined to be by itself and independent of the other
project benefits, a basis for overriding and outweighing all unavoidable adverse environmental impacts
identified in the FEIR.
A. Social and Public Safety Benefits
The project will improve the Marsh Street Bridge, providing a safer and long lasting
transportation facility over the San Luis Obispo Creek in downtown San Luis Obispo. This new
structure will be consistent with Caltrans standards, as well as local, regional, and statewide
plans, for bridge infrastructure improvement. The new facility will ensure that vehicular,
pedestrian and bicycle movements can continue along Marsh Street, a major one‐way arterial
through downtown San Luis Obispo.
Without this project, the Marsh Street Bridge would eventually have to be closed due to a public
safety concern caused by bridge instability. Closure of Marsh Street at the San Luis Obispo
Creek would result in a long term significant traffic impact as Marsh Street is a major one‐way
arterial through the downtown area. The cost to mitigate these traffic impacts through other
projects and a complete restructuring of the downtown transportation network would greatly
outweigh the cost to replace the bridge.
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B. Economic Benefits
Maintaining this important arterial road will allow for the continued economic viability of a
portion of the downtown area without a major restructuring of the City’s transportation system.
Furthermore, a potential closure of Marsh Street at the project area would have significant
detrimental impacts to most of the businesses along Marsh Street that rely on this major access
and drive by traffic for continued viability.
VII. Conclusion
For the foregoing reasons, the City of San Luis Obispo concludes that the Marsh Street Bridge
Replacement Project will cause certain unavoidable significant environmental impacts but will result in
numerous public benefits which outweigh the adverse impacts. Therefore the City adopts the Findings
and this Statement of Overriding Considerations.