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HomeMy WebLinkAboutR-10842 adopting a Mitigated Negative Declaration for the Laguna Lake Dredging and Sediment Management ProjectRESOLUTION NO. 10842 (2017 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE LAGUNA LAKE DREDGING AND SEDIMENT MANAGEMENT PROJECT WHEREAS, the City of San Luis Obispo has adopted policies for protection, management, and public use of open space lands and cultural resources acquired by the City; and WHEREAS, the City of San Luis Obispo owns and manages fourteen Open Space properties totaling approximately 3,850 acres, as well Open Space or Conservation Easements totaling approximately 3,400 acres; and WHEREAS, one of the City of San Luis Obispo's Open Space properties is the 344 -acre Laguna Lake Natural Reserve, the management and stewardship of which is guided by the Council -adopted Laguna Lake Natural Reserve Conservation Plan that calls for dredging and sediment management strategies, among other goals and policies; and WHEREAS, members of the public provided continuous testimony to the City Council requesting implementation of dredging and sediment management strategies, and City staff have identified a project to begin implementation of maintenance dredging regime for Laguna Lake, following a Council -directed process. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: The City Council hereby adopts a Mitigated Negative Declaration of environmental impact for the Laguna Lake Dredging and Sediment Management Project based on the following findings and subject to the following mitigation measures: 1. The Laguna Lake Dredging and Sediment Management Project considered a "Project" under the California Environmental Quality Act (CEQA) as defined in Public Resources Code §21065 because it represents an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and because it is an activity directly undertaken by a public agency. 2. An Initial Study and Environmental Review has been prepared for the pilot program that concludes that significant impacts on the environment could occur, but these impacts will be reduced to less than significant with mitigation measures incorporated. Potentially significant impacts were identified in the areas of Air Quality, Biological Resources, Cultural Resources, Geology / Soils, Hazards and Hazardous Materials, and Hydrology / Water Quality. These potentially significant impacts are reduced to less than significant with the following mitigation measures, which are incorporated herein: R 10842 Resolution No. 10842 (2017 Series) Air Qualify Page 2 AQ -1 During construction/ground disturbing activities, the applicant shall implement the following particulate (dust) control measures. These measures shall be shown on grading and building plans. In addition, the contractor shall designate a person or persons to monitor the dust control program and to order increased watering, modify practices as necessary, to prevent transport of dust off site. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the Community Development and Public Works Departments prior to commencement of construction. a. Reduce the amount of disturbed area where possible. b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site and from exceeding the APCD's limit of 20% opacity for no greater than 3 minutes in any 60 -minute period. Increased watering frequency will be required whenever wind speeds exceed 15 m.p.h. and cessation of grading activities during periods of winds over 25 m.p.h. Reclaimed (non -potable) water is to be used in all construction and dust control work. c. All dirt stock pile areas (if any) shall be sprayed daily and covered with tarps or other dust barriers as needed. d. Permanent dust control measures identified in the approved project revegetation and landscape plans shall be implemented as soon as possible, following completion of any soil disturbing activities. e. Exposed grounds that are planned to be reworked at dates greater than one month after initial grading shall 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 shall 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 shall be completed as soon as possible. In addition, building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. h. Vehicle speed for all construction vehicles shall not exceed 15 m.p.h. on any unpaved surface at the construction site. i. All trucks hauling dirt, sand, soil, or other loose materials, are to be covered/tarped in accordance with California Vehicle Code Section 23114 to prevent the escape of soil or dust. j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. R 10842 Resolution No. 10842 (2017 Series) Page 3 k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers shall be used with reclaimed water where feasible. Roads shall be pre - wetted prior to sweeping when feasible. 1. All PM 10 mitigation measures required shall be shown on grading and building plans. 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 the APCD's limit of 20% opacity for no greater than 3 minutes in any 60 -minute period. Their duties shall include holidays and weekend. AQ 2 Prior to any construction activities at the site, the project proponent shall ensure that all equipment and operations are compliant with California Air Resource Board and APCD permitting requirements, by contacting the APCD Engineering Division at (805) 781-5912 for specific information regarding permitting requirements. AQ 3 To reduce sensitive receptor emissions impact of diesel vehicles and equipment used to construct the project and export soil from the site, the applicant shall implement the following idling control techniques: I. California Diesel Idling Regulations a. On -road diesel vehicles shall comply with Section 2485 of Title 13 of the California Code of regulations. This regulation limits idling from diesel -fueled commercial motor vehicles with gross vehicular weight ratings of more than 10,000 pounds and licensed for operation on highways. It applies to California and non -California based vehicles. In general, the regulation specifies that drivers of said vehicles: 1. Shall not idle the vehicle's primary diesel engine for greater than 5 minutes at any location, except as noted in Subsection (d) of the regulation; and, 2. Shall not operate a diesel -fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5.0 minutes at any location when within 1,000 feet of restricted area, except as noted in Subsection (d) of the regulation. b. Off-road diesel equipment shall comply with the 5 minute idling restriction identified in Section 2449(d)(2) of the California Air Resources Board's In -Use Off -Road Diesel regulation. c. Signs must be posted in the designated queuing areas and job sites to remind drivers and operators of the state's 5 minute idling limit. Il. Diesel Idling Restrictions Near Sensitive Receptors (residential homes). In addition to the State required diesel idling requirements, the project applicant shall comply with these more restrictive requirements to minimize impacts to nearby sensitive receptors: a. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors. b. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted. R 10842 Resolution No. 10842 (2017 Series) Page 4 c. Use of alternative fueled equipment is recommended. d. Signs that specify the no idling areas must be posed and enforces at the site. III. Soil Transport. The final volume of soil that will be hauled off-site, together with the fleet mix, hauling route, and number of trips per day will need to be identified for the APCD. Specific standards and conditions will apply. Monitoring Program: These measures shall be incorporated into project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified by the City during regular inspections, in coordination with the County of San Luis Obispo Air Pollution Control District, as necessary. Bioloeical Resources BI0-1 Special Status Plant Species Avoidance: Avoid impacts to occurrences of special status plants listed under ESA and/or CESA. As part of the design of the projects, biological surveys shall be conducted by a qualified Biologist to identify specimens in the project area. If total avoidance of CRPR species is not feasible, minimize impacts to less than 10 percent of onsite populations. BI0-2 Special Status Plant Species Mitigation. Should it be determined that more than 10% of onsite population of Special Status Plants be impacted, the City shall develop a Habitat Mitigation and Monitoring Plan (HMMP) to develop adequate mitigation to offset impacts to species. The HMMP shall quantify the impacts associated with operations and specify restoration practices and enhancement of species habitat. The HMMP shall be reviewed, as applicable by the California Department of Fish and Wildlife for consistency with State requirements. BI0-3 Special Status Wildlife -Birds Avoidance. To avoid take of nesting birds, and raptor nests at any time of year (including inactive nests), activities requiring vegetation disturbance would occur outside the nesting season, which is approximately February 1 through September 15. If activities must begin within the bird breeding season, then no more than two weeks prior to initiation of ground disturbance and/or vegetation removal, a nesting bird pre -construction survey will be conducted by a qualified biologist within the disturbance footprint plus a 100 -foot buffer. Pre -construction nesting bird surveys will be conducted during the time of day when birds are active and will be of sufficient duration to reliably conclude presence/absence of nesting birds and raptors onsite and within the designated vicinity. If no nests are observed no further mitigation is required. BI04 Special Status Wildlife -Birds Nesting. If nests are found, their locations will be flagged and then mapped onto an aerial photograph of the project site at a scale no less than 1"=200' and/or recorded with the use of a Global Positioning System (GPS) unit. An appropriate avoidance buffer ranging in size from 50 to 500 feet from the nest, depending upon the species and the proposed work activity, will be determined and demarcated by a qualified biologist with bright orange construction fencing or other high -visibility delineators. No ground disturbance will occur within this buffer until the qualified biologist confirms that the breeding/nesting is completed and all the young have fledged. If buffer zones are determined to be infeasible, a full - R 10842 Resolution No. 10842 (2017 Series) Page 5 time qualified biological monitor can monitor project activity within the buffer zones to ensure active nests and nesting birds are not impacted. BI0-5 Special Status Animals Badger. Prior to activities that disturb native habitats in upland areas, a qualified biologist should complete a survey for badger dens. In order to avoid the potential direct take of adults and nursing young, no grading should occur within 50 feet of an active badger den between March 1 and June 30. Activities during July 1 and March 1 should comply with the following measures to avoid direct take of adult and weaned juvenile badgers. o Conduct a biological survey of the anticipated development areas between 2 weeks and 4 weeks of the start of ground clearing or grading activity. The survey should cover the entire area proposed for disturbance. Surveys should focus on both old and new den sites. If dens are too long to see the end, a fiber optic scope (or other acceptable method) can be used to assess the presence of badgers. o Inactive dens shall be excavated by hand with a shovel to prevent badgers from reusing them during construction. o Badgers should be discouraged from using currently active dens prior to the grading of the site by partially blocking the entrance of the den with sticks, debris and soil for 3 to 5 days or through use of a 1 -way door. After badgers have stopped using active dens within the development area, the dens shall be hand excavated with a shovel to prevent re -use. BI0-6 Special Status Animals Pallid Bat. Prior to activities that require tree removal, a qualified biologist should inspect trees proposed for removal to ensure bats are not roosting. If bats are observed, the biologist shall determine if the roost is a hibernaculum or a maternity colony. If so, removal of the tree would be postponed until outside wintering or maternity seasons. If not, the bat(s) would be evicted using appropriate one-way devices and the tree inspected again prior to tree removal. BI0-7 Special Status Animals Coast Horned Lizard. During new grading activities in upland habitats, a qualified biologist should be on-site to recover any coast horned lizards that may be excavated/unearthed with native material or found under vegetation. If the animals are in good health, they should be immediately relocated to a designated release area. If they are injured, the animals shall be turned over to an approved wildlife rehabilitator until they are in a condition to be released into the designated release area. BI0-8 Special Status Animals Vernal Pool Fairy Shrimp. The project would be designed to avoid impacts to the basins and wetland depressions (adjacent to but not abutting Laguna Lake), and would avoid altering hydrology of these features. Work areas would be flagged, resources to be avoided would be flagged, and no work would occur upslope and within 250 feet of vernal pool fairy shrimp habitat. BI0-9 Special Status Animals Western Spadefoot Toad. During new grading activities in upland habitats, a qualified biologist should be on-site to recover any spadefoot toads that may be excavated/unearthed with native material or found under vegetation. If the animals are in good Resolution No. 10842 (2017 Series) Page 6 health, they should be immediately relocated to a designated release area. If they are injured, the animals shall be turned over to an approved wildlife rehabilitator until they are in a condition to be released into the designated release area. BI0-10a Special Status Animals California Red -Legged Frog. Prior to initiation of construction activities (including staging and mobilization), all personnel associated with project construction would attend a Worker Environmental Awareness Program (WEAP) training, conducted by a qualified biologist, to aid workers in recognizing special status resources that may occur in the project area. The specifics of this program would include identification of the sensitive species and habitats, a description of the regulatory status and general ecological characteristics of sensitive resources, and review of the limits of construction and avoidance measures required to reduce impacts to biological resources within the work area. A fact sheet conveying this information would also be prepared for distribution to all contractors, their employers, and other personnel involved with construction of the project. BI0-10b Special Status Animals California Red -Legged Frog. Ground disturbing activities associated with dry portions of Prefumo Creek should be conducted between May 1 and October 31 during dry weather conditions, which are periods of low activity for these species in dry habitats, to minimize the potential for encountering CRLF. Work should be restricted to daylight hours to the extent feasible. o If activities must occur between November 1 and April 30, the qualified biologist should conduct a pre -activity clearance sweep each morning prior to start of project activities after any rain events of 0.1 inch or greater. o All trash should be removed from the site daily and disposed of properly to avoid attracting potential predators to the site. o Non -automated operational activities (i.e. truck trips), shall not be conducted during rain events occurring at night to the extent feasible. If project activities requiring movement of equipment are to occur at night during rain events, a qualified biologist should conduct a pre -construction survey of the site each night. BI0-10c Special Status Animals California Red -Legged Frog. A qualified biologist should conduct a survey of work areas associated with the lake and creek within 48 hours of initial ground disturbing activities. The survey area would include the proposed disturbance area and all proposed ingress/egress routes, plus a 100 -foot buffer. A biologist authorized to relocate frogs should be present for activities that require movement or placement of equipment into the lake, stream, and wetlands along the lake to monitor for frogs. If a frog is observed in the work area, the biologist would relocate it, with prior authorization from USFWS, out of the work area. BI0-10d Special Status Animals California Red -Legged Frog. If drying basins are used to remove water from the sediment, appropriate exclusion fence should be placed around the basins to prevent access by frogs. R 10842 Resolution No. 10842 (2017 Series) Page 7 BIO -11 Special Status Animals Southwestern Pond Turtle. A qualified biologist should conduct a survey of work areas associated with the lake and creek within 48 hours of initial ground disturbing activities. The survey area would include the proposed disturbance area and all proposed ingress/egress routes, plus a 100 -foot buffer. Turtles within work areas should be relocated outside the work area. A biologist authorized to relocate turtles should be present for activities that require movement or placement of equipment into the lake, stream, and wetlands along the lake to monitor for turtles. If a turtle is observed in the work area, the biologist would relocate it out of the work area. BIO -12 Habitat Enhancement Fisheries. During project design, including options to stabilize banks along the lake, the following habitat parameters would be considered and incorporated as feasible: o The lake should provide abundant cover including woody debris, boulders, and undercut banks. Woody debris is very important to provide needed shelter for juvenile fish especially in low velocity refuges. Having appropriate cover and shelter would be imperative for steelhead to survive in Laguna Lake. o Depths greater than 0.5 meter are generally deep enough to avoid wading birds. Depth alone is not the determining factor in water temperature, but lake which has a depth to create a thermocline cold enough to support the fish during periods of higher water temperatures is desirable. o The lake should contain a regular and pronounced slope along its banks. o DO concentrations affect the migration and swimming performance of steelhead at all temperatures. Low DO levels decrease the rate of metabolism, swimming speed, growth rate, food consumption rate, efficiency of food utilization, behavior, and survival. Steelhead does best where DO concentration is at least 7.0 mg/L. DO concentrations should remain at or near saturation levels with temporary reductions no lower than 5.0 mg/L, which has been documented to result in severe production impairment (Carter, 2005). o Suspended and deposited fine sediment can directly affect steelhead by clogging gills, indirectly causing reduced feeding, destruction of food supplies, and changed rearing habitat. Silt loads of less than 25 mg/L permit good rearing conditions for juvenile steelhead. Controlling sediment loads into the creek and lake will improve conditions for steelhead. BIO -13 Project Monitoring Fisheries. During project implementation, a biologist with fisheries experience should be present during activities movement or placement of equipment into the lake, stream, and wetlands along the lake to monitor for fish. If feasible, the active dredge area would be screened to reduce likelihood of aquatic vertebrate species in the active dredging area (e.g. intakes will be screened). If steelhead is observed, activities would cease until NMFS can be consulted. While dredging is underway, a biologist will monitor activities at least weekly. R 10842 Resolution No. 10842 (2017 Series) Page 8 BIO -14 Needlegrass Habitat Avoidance. To the maximum extent feasible, project activities would be designed to avoid needlegrass grassland habitat. If needlegrass grassland habitat areas cannot be avoided in temporary impact areas, purple needlegrass will be incorporated into the revegetation plant palette to functionally replace the impacted habitat. BIO -15 Needlegrass Enhancement. If permanent impacts remove needlegrass grassland habitat areas greater than 0.5 acre in size, an equivalent amount of this habitat type must be created within a City -designated and -approved needlegrass grassland habitat mitigation area onsite. Pertinent and logistic details regarding the creation of needlegrass grassland habitat would be outlined in a HMMP. The needlegrass grassland habitat mitigation areas will be monitored annually for at least five years to ensure successful establishment and that no -net -loss of this sensitive habitat has been achieved. BIO -16 Wetlands Restoration. Jurisdictional areas that cannot be avoided will acquire all applicable regulatory permits. Temporary impact areas will be restored at a one to one (1:1) ratio (one acre of restoration for each acre of impact) to offset temporary losses in wetland, stream, or riparian function. Permanent impacts will be offset through creation, restoration, and/or enhancement of in-kind habitats at a minimum ratio of 2:1 to mitigate unavoidable permanent impacts to jurisdictional areas. Note the resource agencies may require a higher mitigation ratio. A Mitigation and Monitoring Plan will likely be required, and would be prepared by a biologist familiar with restoration and mitigation techniques. The plan will include, but not be limited to the following components: o Description of the project/impact site, o Goal(s) of the compensatory mitigation project, o Description of the proposed compensatory mitigation -site, o Implementation plan for the compensatory mitigation -site, o Maintenance activities during the monitoring period, o Monitoring plan for the compensatory mitigation -site, o Success criteria and performance standards, o Reporting requirements, and o Contingency measures and funding mechanisms. BIO -17 Erosion Control. Erosion control and landscaping specifications shall allow only natural -fiber, biodegradable meshes and coir rolls, (i.e. no plastic -mesh temporary erosion control measures) to prevent impacts to the environment and to fish and terrestrial wildlife. BIO -18 Habitat Improvement. Where feasible, aquatic habitat improvements such as root wads and downed logs will be incorporated into bank stabilization and sediment control efforts to enhance aquatic habitat in perennial waterways. BIO -19 State/Federal Consultation. Prior to commencement of operations, consultations with applicable federal and state agencies shall be completed per the provisions of the Clean Water Act and Porter Cologne Act. R 10842 Resolution No. 10842 (2017 Series) Page 9 Monitoring Program: These conditions and measures shall be noted on all grading and construction plans. The City Community Development Department and Natural Resources Manager shall verify compliance. Cultural Resources CULT -1: If cultural resources are encountered during ground -disturbing activities, work in the immediate area should be halted and an archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards for archaeology (National Park Service 1983) should be contacted immediately to evaluate the find. If necessary, the evaluation may require preparation of a treatment plan and archaeological testing for National Register of Historic Places eligibility. If the discovery proves to be significant under the National Historic Preservation Act and cannot be avoided by the project, additional work such as data recovery excavation maybe warranted to mitigate any adverse effects to historic properties. CULT -2: The discovery of human remains is always a possibility during ground disturbing activities; if human remains are found, State of California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. In the event of an unanticipated discovery of human remains, the San Luis Obispo County Sherriff- Coroner must be notified immediately. If the human remains are determined to be prehistoric, the coroner will notify the Native American Heritage Commission, which will determine and notify a most likely descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Monitoring Program: These conditions shall be noted on all grading and construction plans. The City Community Development Department shall verify compliance, including preparation and implementation of the Monitoring Plan, and review and approval of cultural resources monitoring reports documenting compliance with required mitigation measures. Geologv 1 Soils GEO-1 Grading and erosion and sediment control plans shall be designed to minimize erosion during operations and shall be implemented for the duration of the grading period and until regraded areas have been stabilized. The City shall prepare Erosion Control Plan using Best Management Practices (BMPs) that are designed to stabilize the site and protect natural watercourses. GEO-2 The City shall revegetate graded areas upon completion of grading activities with deep rooted, native, drought -tolerant species to minimize slope failure and erosion potential. Use of hydro -seed, straw blankets, other geo-textile binding fabrics or other P&D-approved methods as necessary to hold slope soils until vegetation is established. R 10842 Resolution No. 10842 (2017 Series) Page 10 Monitoring Program: These measures shall be incorporated into project grading plans for review and approval by the City Community Development and Public Works Departments. Compliance shall be verified by the City during regular inspections. Hazardous Materials HAZ-1 Excavated sediment must be covered/tarped when transported outside of the project area. HAZ-2 Excavated sediment shall be tested according to a soil sampling protocol to ensure that the soils are acceptable to the desired disposal site. If it is determined that the sediments contain hazardous constituents and are unacceptable to the desired disposal site, the sediments shall be disposed at a licensed hazardous waste disposal site. HAZ-4 Water sprays or other adequate measures will be applied each day that work activities occur to all disturbed areas with the potential to emit fugitive dust. At a minimum, water will be applied to exposed areas three times per day with increasing watering frequency required whenever the wind speed exceeds 15 miles per hour. Reclaimed water should be used whenever possible. HAZ-5 Sediments/soil stockpiles will be covered, kept moist, or treated with soil binders to prevent dust generation at the end of each work day. HAZ-6 On site vehicle speeds will be limited to 15 miles per hour or less. Loose dirt and dust shall be removed from all vehicular wheels using brushes, rumble strips, or water prior to leaving the site. HAZ-7 The contractor will designate a person(s) to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. The contractor will stop project activities immediately if visible dust emissions are detected at the property boundary and will implement additional dust mitigation measures. HAZ-8 After work activities are completed, all disturbed areas will be re -vegetating or otherwise developed so that dust generation will not occur. HAZ-9 A worker health, safety and education plan will be developed and required, as well as emergency and remedial procedures. Hydrology / Water Quality HYDRO -1. For dredging operations the use of a turbidity curtain will be employed as applicable. Sediment basins to be used for dewatering should be located at least 200 feet ways from the lake shoreline. Implementation of Mitigation Measure HYDRO -1 would mitigate impacts to water quality to less than significant. R 10842 Resolution No. 10842 (2017 Series) Page 11 HYDRO -2. Upon conclusion of operations, creek banks would be regraded as necessary and laid back to 2H:1 V to 2.514: IV and reinforced to stabilize banks. Slopes will be revegetated with native riparian species and ground cover. Monitoring Program: These measures shall be incorporated into project grading and building plans for review and approval by the City Community Development, Public Works, and Utilities Departments. Compliance shall be verified by the City during regular inspections. 3. Other less than significant impacts were also identified in the areas of Aesthetics, Air Quality, Biological Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology / Water Quality, Land Use and Planning, Noise, Public Services, and Transportation / Traffic. Upon motion of Council Member Christianson, seconded by Vice Mayor Rivoire, and on the following roll call vote: AYES: Council Members Christianson, Gomez and Pease, Vice Mayor Rivoire and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 24th day of October 2017. ATTEST: Carrie Gallagher, City Clerk APPROVED AS Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this 641-2 day of kWAnj-rt , Carrie Gallagher, City Clerk R 10842