HomeMy WebLinkAboutPC-1001-18 (USE-0348-2017 -- 35 Prado Road)RESOLUTION NO. PC -1001-2018
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, APPROVING MODIFICATIONS TO
AN EXISTING USE PERMIT TO UPDATE THE CITY OF SAN LUIS
OBISPO'S WATER RESOURCE RECOVERY FACILITY (WRRF) TO
MEET NEW DISCHARGE PERMIT REQUIREMENTS, INCREASE
CAPACITY, REPLACE AGING INFRASTRUCTURE, MAXIMIZE
RECYCLED WATER PRODUCTION AND INCORPORATE PUBLIC
AMENITIES AND INTERPRETIVE FEATURES, AS REPRESENTED IN
THE STAFF REPORT AND ATTACHMENTS DATED JANUARY 10, 2018
(USE -0348-2017; 35 PRADO ROAD)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber City Hall, 990 Palm Street, San Luis Obispo, California, on April
27, 2016, for the purpose of receiving a presentation, public testimony and providing feedback to
staff on the Water Resource Recovery Facility (WRRF) project Draft EIR; and
WHEREAS, the City Council conducted a public hearing in the Council Chamber of City
Hall, 990 Palm Street, San Luis Obispo, California, on August 16, 2016, for the purpose of
considering the Final EIR for the WRRF project; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing on January 10, 2018 in the Council Chambers of City Hall, 990 Palm Street, San Luis
Obispo, California, for the purpose of considering USE -0348-2017, an update to Planning
Commission Use Permit for the Water Resource Recovery Facility (WRRF) project; 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 the
testimony of the applicant, interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. findings. The Planning Commission hereby grants final approval to the
project (USE -1035-2015), based on the following findings:
a) The proposed modifications to the Water Resource Recovery Facility (WRRF) will
not adversely affect the health, safety, or welfare of persons residing or working on
the site or in the vicinity.
b) The modifications are appropriate at the proposed location and are compatible with
the site and the surrounding land uses.
Resolution No. PC -1001-2018
USE -0348-2017 (35 Prado Road, 25, 29, 41, 43 & 45 Prado Road)
Page 2
C) The upgrades to the WRRF are consistent with the General Plan and meets Zoning
Regulation development standards.
SECTION 2. Environmental Review. The Planning Commission hereby finds that:
a) All potentially significant effects were analyzed adequately in the Final
Environmental Impact Report (FEIR) certified by the City Council on August 16,
2016.
b) The proposed project shall be subject to the FEIR mitigation measures outlined in
Attachment 1, Resolution No. 10740 (2016 Series).
On motion of Vice -Chair Fowler, seconded by Commissioner Bisheff, and on the following
roll call vote:
AYES: Commissioners Bisheff, Malak, Dandekar, Wulkan Vice -Chair Fowler and
Chair Stevenson
NOES: None
ABSENT: Commissioner Osterbur
RECUSED: None
The foregoing resolution was passed and adopted this 10th day of January 2018.
Doug Davi son, Secretary
Planning Commission
ATTACHMENT 1
RESOLUTION NO. 10740 (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE WATER RESOURCE RECOVERY
FACILITY PROJECT
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber City Hall, 990 Palm Street, San Luis Obispo, California, on April
27, 2016, for the purpose of receiving a presentation on the Water Resource Recovery Facility
(WRRF) project Draft EIR; and
WHEREAS, said public hearing was for the purpose of public testimony and providing
feedback to staff on WRRF project Draft EIR; and
WHEREAS, the City Council conducted a public hearing in the Council Chamber of City
Hall, 990 Palm Street, San Luis Obispo, California, on August 16, 2016, for the purpose of
considering the Final EIR for the WRRF project; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of interested parties and Planning Commissioners, and presented at said hearing, and the evaluation
and recommendation by staff, and
WHEREAS, notices of said public hearing were made at the time and in a manner required
by law.
NOW, THEREFORE, BE IT RESOLVED by the Council ofthe City of San Luis Obispo
as follows:
SECTION 1. Finding. Based upon all the evidence, including, without limitation, staff
reports, memoranda, technical studies, maps, letters and minutes of all relevant meetings, the City
Council hereby makes the following findings in addition to the CEQA findings set forth in Exhibit
A attached hereto and incorporated herein as though set forth in full;
1. The Draft EIR for the Water Resources Recovery Facility (WRRF) was released on April
18, 2016 with a 45 -day comment period that closed on June 6, 2016. The Final EIR was
issued on July 25, 2016. For each identified potentially significant effect under the
categories of Air Quality, Biological Resources, Cultural Resources, Hazards and
Hazardous Materials, Hydrology and Water Quality, and Recreation, mitigation measures
and/or the implementation of standard project best management practices (BMPs) were
included and incorporated into the WRRF project to reduce the identified potentially
significant impacts to less than significant levels. No significant unavoidable impacts were
identified as a result of the proposed project implementation.
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Resolution No. 10740 (2016 Series)
ATTACHMENT 1
Page 2
2. Pursuant to CEQA Guidelines Section 15025(c), the Planning Commission has reviewed
and considered the information in the EIR prior to making its recommendations to the City
Council.
3. The EIR was presented to the City Council, and the Council has reviewed and considered
the information contained in the EIR prior to approving the WRRF project.
4. The City Council finds that the information and analysis in the Final EIR prepared for the
WRRF project reflects the independent judgment of the City Council as to the
environmental consequences of the proposed project, and certifies the EIR as adequate,
complete and in compliance with CEQA statues and guidelines, and the City's local
guidelines.
SECTION 2. Action. The City Council hereby adopts the CEQA findings set forth herein,
approves and adopts Mitigation Monitoring and Reporting Program attached as Exhibit A and
hereby certifies the Final EIR for the WRRF project. The Utilities Director is hereby directed to
file a notice of determination consistent herewith.
Upon motion of Council Member Christianson, seconded by Council Member Ashbaugh, and on
the following roll call vote:
AYES: Council Members Ashbaugh, Christianson and Rivoire,
Vice Mayor Carpenter and Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 16th day of August, 2016.
�r
Mayor ,Ia arx
ATTEST:
Carrie Gallagher T
City Clerk
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ATTACHMENT 1
Resolution No. 10740 (2016 Series) Page 3
APPROVED AS TO FORM:
2
A. Chris me 1]ietri k -
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this �(okh day of Avi X15-
CDA�\kQ )� A
Carrie Gallagher
City Clerk
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ATTACHMENT 1
Resolution No. 10740 (2016 Series) Page 4
EXHIBIT A
CITY OF SAN LUIS OBISPO
FINDINGS OF MITIGATION AND ADOPTION OF MITIGATION MONITORING
PROGRAM FOR THE WATER RESOURCE RECOVERY FACILITY PROJECT
I. Environmental Determination
The City Council of the City of San Luis Obispo considers and relies on the Final Environmental Impact Report
(State Clearinghouse Number 2015101044) for the Water Resource Recovery Facility Project (WRRF) in
determining to carry out the proposed project. The Final EIR consists of the Draft EIR; responses to comments on
the Draft EIR; a list of persons and agencies commenting on the Draft EIR; a Mitigation Monitoring Program; and
technical appendices. The City Council has received, reviewed, considered, and relied on the information contained
in the Final EIR, as well as information provided at hearings and submissions of testimony from official
participating agencies, the public and other agencies and organizations.
Having received, reviewed and considered the foregoing information, as well as any and all information in the
record, the City Council of the City of San Luis Obispo hereby makes these Findings pursuant to, and in accordance
with, Section 21081 of the Public Resources Code, as follows:
II. Summary Project Description and Background
The City is proposing the WRRF Project, which entails upgrading the City's wastewater treatment facility to comply
with updated discharge requirements outlined in the National Pollutant Discharge Elimination System (NPDES)
permit adopted by the Regional Water Quality Control Board and State Water Resources Control Board in
September 2014. The NPDES permit went into effect December 1, 2014, and compliance is required by November
30, 2019. At the same time, the WRRF would be upgraded to provide a nominal increase in average dry weather
flow (ADWF) capacity to serve the needs of the City, as projected in the updated San Luis Obispo 2035 General
Plan Land Use Element.
The WRRF Project includes equipment and process upgrades that are based on meeting various performance
standards so that the facility will comply with the updated discharge specifications set by the Regional Water
Quality Control Board. Implementation of the proposed project would include the following elements:
A. Demolishing existing structures to make room for new and enlarged equipment.
B. Modernizing equipment and operations processes to improve primary, secondary, and tertiary wastewater
treatment systems, as well as solids and liquids handling processes.
C. Upgrading effluent cooling system through the addition of cooling towers, wetland cooling, and/or other
methods.
D. Improving internal site drainage for stormwater management and flood control, with the possibility of
designing these improvements to support the effluent cooling system.
E. Incorporating public amenities at the site, including within the newly constructed Water Resource Center,
the proposed Learning Center, and grading and restoring land at the northeast corner of the WRRF site after
removal of the existing supernatant lagoon; this restored area may ultimately be used for public park
purposes under the direction of the City Parks and Recreation Department.
F. Promoting continued research and development activities by Cal Poly and future testing of as yet
unidentified pilot process and treatment technologies at the WRRF facility.
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ATTACHMENT 1
Resolution No. 10740 (2016 Series) Page 5
EXHIBIT A
These project elements are further described in the EIR, specifically Section 2.4.2, Project Characteristics, and the
proposed changes are shown in Figure 2-4 (Construction Sequencing) and 2-5 (Proposed Site Plan). Additionally,
detailed descriptions of the proposed upgrades are provided in Section 7 of the WRRF Facilities Plan, while control
upgrades and other proposed amenities are further described in other sections of the WRRF Facilities Plan. The
WRRF Facilities Plan is available at the following link: htt ://www.slocit .or overnment/dcpzrtmciat-
di rectory!utilit ies-departmenUwastewaterlwastewater-treatmentlwrrf-upgrade-project.
Because the WRRF must continue operating during upgrades, not all of the demolition and upgrades would occur
concurrently. The proposed construction sequencing is shown in Figure 2-4 of the EIR (Construction Sequencing)
and described in the WRRF Facilities Plan (Figure 13-2). This sequencing, however, may be refined as the design
process continues. Construction activities are expected to start in late 2017. The deadline for most of the proposed
upgrades that are required to meet the Time Schedule Order issued by the RWQCB and SWRCB is November 30,
2019. Other upgrades that will address capacity, condition and other facility needs are planned to be completed as
part of this project, at a later date. The proposed project and alternatives are described in more detail in the Water
Resource Recovery Facility Project Final and Draft EIR (EIR), and Appendices thereto.
The City of San Luis Obispo Staff recommends the proposed project (for which these CEQA Findings are prepared).
As discussed in Section 5.0 (Alternatives) of the DEIR, the No Project Alternative was determined to potentially
be the environmentally superior alternative, when compared to the proposed project in that it would avoid all of the
potentially significant impacts associated with construction of the proposed project. However, it would not meet
any of the objectives of the proposed project, including complying with the stringent discharge requirements
included in the facility's September 2014 National Pollutant Discharge Elimination System (NPDES) permit and
the accompanying Time Schedule Order that establishes the compliance schedule for the project. In addition, none
of the beneficial impacts of the project with regards to water quality and odor reduction would be realized under
this alternative.
The proposed project is described in more detail in the Staff Report accompanying these findings.
III. The Record
The California Code of Regulations, Title 14, Section 15091 (b) requires that the City's findings be supported by
substantial evidence in the record. Accordingly, the Lead Agency's record consists of the following, which are
located at the City Community Development Department office, San Luis Obispo, California:
A. Documentary and oral evidence, testimony and staff comments and responses received and reviewed by
the Lead Agency during public review and the public hearings on the Project.
B. The City of San Luis Obispo Water Resource Recovery Facility Project Final Environmental Impact Report
(July 2016).
IV. The July 2016 Final Environmental Impact Report for the WRRF Project
The City Council of the City of San Luis Obispo makes the following findings with respect to the July 2016 Final
Environmental Impact Report for the Water Resource Recovery Facility Project SCH #2015101044:
A. The City Council has considered the information in the July 2016 Final Environmental Impact Report for
the Water Resource Recovery Facility Project, the pubnlic comments and responses previously submitted
and the public comments and information presented at the public hearings.
B. The City Council hereby finds and determines that implementation of the WRRF Project may have a
significant adverse effect on the environment.
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Resolution No. 10740 (2016 Series)
EXHIBIT A
ATTACHMENT 1
Page 6
C. The City Council hereby finds with respect to the adverse environmental impacts detailed in the Final EIR:
1. That, based on information set forth in the Final EIR, the City Council finds and determines that changes
or alterations have been required in or incorporated into the project which avoid or substantially lessen
the adverse environmental effects identified in the Final EIR.
2. That no additional adverse impacts will have a significant effect or result in substantial or potentially
substantial adverse changes in the environment as a result of the WRRF Project.
D. The City Council hereby finds and determines that
1. All significant effects have been eliminated or substantially lessened;
2. Based on the Final EIR, the Findings, and other documents in the record, specific environmental,
economic, social and other considerations make infeasible other project alternatives identified in the
Final EIR;
3. Should the WRRF Project have the potential to result in adverse environmental impacts that are not
anticipated or addressed by the July 2016 Final EIR, subsequent environmental review shall be required
in accordance with CEQA Guidelines Section 15162(a).
V. Statement of Overriding Considerations
Findings pursuant to CEQA Guidelines sections 15093 and 15092.
A. The VAW Project would not result in any significant, unmitigable, unavoidable adverse effects. Therefore, a
statement of overriding considerations is not required.
VI. Potential Environmental Effects Which Are Not Significant or Beneficial (Class III)
The findings below are for Class III impacts. Class III impacts are adverse but not significant.
The City Council has concluded that the following effects are adverse but not considered significant.
Air Quality
Impact AQ -1 The proposed project would not contribute to population growth, and would therefore be consistent
with the growth assumptions in the 2001 Clean Air Plan and the City of San Luis Obispo Climate Action Plan. This
impact would be Class III, less than significant.
Impact AQ -3 Standard operation of the proposed project would involve regular testing of two new diesel
generators, which would incrementally increase long-term emissions. Regular testing of the generators would
ensure they would not generate emissions greater than the daily or annual thresholds set by SLOAPCD. Impacts
would be Class III, less than significant.
Impact AQ -4 In the unlikely event of an emergency power outage, the two new generators would temporarily
generate worst-case scenario emissions over a short period of time. Impacts would be Class III, less than significant.
Greenhouse Gas Emissions
Impact GHG-1 The proposed project would generate greenhouse gas emissions through construction, increased
energy use, increased biogenic processes as a result of the increased wastewater capacity, and testing of emergency
diesel generators. The increased emissions would be below the SLOAPCD threshold for annual greenhouse gas
emissions, therefore impacts would be Class III, less than significant.
Impact GHG-2 The proposed project would not conflict with State GHG reduction goals, or any applicable plan,
policy, or regulation adopted for the purpose of reducing GHG emissions. Impacts would be Class III, less than
significant.
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ATTACHMENT 1
Resolution No. 10740 (2016 Series) Page 7
EXHIBIT A
Hazards and Hazardous Materials
Impact HAZ-4 The proposed project would not result in a safety hazard for people residing or working in the
project area due to location within an airport land use plan. Impacts would be Class III, less than significant.
Hydrology/Water Quality
Impact HYD -2 The proposed project would not result in flooding, erosion or siltation on- or off-site. Impacts would
be Class III, less than significant.
Noise
Impact N-1 Construction activities associated with the proposed project would expose nearby sensitive receptors
to temporary increases in noise, however, these would not exceed City noise thresholds. Impacts would be Class
III, less than significant.
Impact N-2 Project construction would expose nearby sensitive receptors to a temporary increase in vibration
levels. However, vibration levels during construction would not expose nearby structures to vibration damage or
excessive vibration noise. Impacts would be Class III, less than significant.
Impact N-3 Noise associated with operation of the proposed project would not exceed City thresholds. Therefore,
impacts would be Class III, less than significant.
Public Services and Utilities
Impact UTL-1 The proposed project would not directly or indirectly induce population growth and require the
need for new or addition fire protection or police services that would result in the need for expanded facilities.
Impacts would be Class II1, less than significant.
Impact UTL-3 Stormwater drainage improvements are included as part of the proposed project. Impacts would be
Class III, less than significant.
Impact UTL-5 The proposed project would not be served by a landfill with insufficient capacity to accommodate
solid waste that would be generated. Impacts would be Class III, less than significant.
Impact UTL-6 The proposed project would comply with all federal, state, and local statutes and regulations related
to solid waste. Impacts would be Class III, less than significant.
VII. Potential Significant Effects Which Have Been Mitigated to a Level of Insignificance
Class II impacts are significant but can be mitigated to a level of insignificance by measures identified in this
EIR and the project description. When approving a project with Class II impacts, the decision -makers must make
findings that changes or alternatives to the project have been incorporated that reduce the impacts to a less than
significant level.
The City Council has concluded that the mitigation measures identified in the Mitigation Monitoring Program
(Section X.) will result in substantial mitigation of the following effects and that these effects are not considered
significant or they have been mitigated to a level of insignificance.
Air Quality
Impact AQ -2 Construction of the proposed project would result in temporary generation of air pollutants, which
would affect local air quality. Short term emissions would exceed SLOAPCD thresholds for ozone precursors.
Impacts would be Class II, potentially significant unless mitigation is incorporated.
Biological Resources
Impact BIO -1 Construction of the project could have a substantial adverse effect on candidate, sensitive, or special -
status species. Impacts would be Class II, potentially significant unless mitigation is incorporated.
Impact BIO -2 Construction of the project could have a substantial adverse effect on sensitive habitats, including
riparian areas. Impacts would be Class II, potentially significant unless mitigation is incorporated.
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Resolution No. 10740 (2016 Series) Page S
EXHIBIT A
Impact 11I0-3 Construction of the project could have a substantial adverse effect on Federally protected wetlands as
defined by Section 404 of the Clean Water Act. Impacts would be Class Il, potentially significant unless mitigation is
incorporated.
Cultural Resources
Impact CR -1 Construction of the proposed project would involve ground -disturbing activities which have the
potential to unearth or adversely impact archaeological resources. Impacts would be Class II, potentially significant
unless mitigation is incorporated.
Impact CR -2 Construction of the proposed project would involve ground -disturbing activities which have the
potential to unearth or adversely impact paleontological resources. Impacts would be Class II, potentially significant
unless mitigation is incorporated.
Hazards and Hazardous Materials
Impact HAZ-1 Construction of the proposed project would temporarily increase the routine transport and use of
hazardous materials used in construction activities. Operation of the expanded and upgraded WRRF would entail
the routine transportation, use, storage, and/or disposal of minor amounts of hazardous materials. Impacts would be
Class II, potentially significant unless mitigation is incorporated.
Impact HAZ-2 The proposed project has potential to create a hazard through reasonably foreseeable upset and
accident conditions involving the release of hazardous materials into the environment during both construction and
operation. Impacts would be Class Il, potentially significant unless mitigation is incorporated.
Impact HAZ-3 The proposed project could result in the disturbance of contaminated soils on an active cleanup
sites listed on the SWRCB GeoTracker database. Impacts would be Class II, potentially significant unless mitigation
is incorporated.
Impact HAZ-S The proposed project could impair or physically interfere with an adopted emergency evacuation
and response during construction. Impacts would be Class II, potentially significant unless mitigation is
incorporated.
Impact HAZ-6 The proposed project would not increase the exposure of people or structures to wildfire risks due
to population growth, but construction activities could create hazardous fire conditions. Impacts would be Class II,
potentially significant unless mitigation is incorporated.
Hydrology and Water Quality
Impact HYD -1 During construction the proposed project could potentially violate water quality standards or waste
discharge requirements. Impacts would be Class Il, potentially significant unless mitigation is incorporated.
Impact HYD -4 The proposed project would result in placement of structures within a 100 -year flood hazard area.
Impacts would be Class II, potentially significant unless mitigation is incorporated.
Recreation
Impact REC-2 Impacts associated with construction of the recreational components of the proposed project are
part of the wider project analyzed in this EIR. Potential adverse impacts have been identified in several
environmental issue areas, related primarily to construction activities associated with the proposed project. Impacts
would be Class II, potentially significant unless mitigation is incorporated.
VIII. Potential Significant Unavoidable Effects for Which Sufficient Mitigation is not Feasible (Class I)
Class I impacts are significant and unavoidable. To approve a project resulting in Class I impacts, the CEQA
Guidelines require efeei.sion makers to makefindings ofoverrirling consideration that' .-specific legal, technological,
economic, social, or other considerations make infeasible the mitigation measures or alternatives identified in the
EIR... if:
No significant and unavoidable (Class I) impacts were identified.
IX. Beneficial Impacts (Class IV)
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Resolution No. 10740 (2016 Series)
EXHIBIT A
Class IV inipacts are beneficial impacts.
ATTACHMENT 1
Page 9
Air Quality
Impact AQ -5 The proposed project would have the potential to emit odors as a result of several processes on site.
However, one of the main objectives of the proposed project is to prevent and reduce odor on site, with a variety of
odor control technologies proposed. The reduction of odors to levels lower than currently emitted at the project site
is a goal for the City of San Luis Obispo, and new odor control systems and enhancements to the treatment process
would accomplish this. Therefore, impacts would be Class IV, beneficial.
Public Services and Utilities
Impact UTL-2 The proposed project would include improvements to the WRRF, which would improve treated
wastewater quality. There would be a beneficial impact on wastewater effluent quality. Impacts would be Class IV,
beneficial.
Hydrology/Water Quality
HYD -3 The proposed project would result in an improvement in the quality of discharges from the WRRF to San
Luis Obispo Creek. Impacts would be Class IV, beneficial.
Recreation
Impact REC-1 The proposed project would enhance recreational amenities at the site. This is a Class IV, beneficial
impact.
X. Mitigation Monitoring and Reporting Program
Section 21081.6 of the Public Resources Code requires that when a public agency is making findings required by
State CEQA Guidelines Section 15091(a)(]), codified as Section 21081(a) of the Public Resources Code, the public
agency shall adopt a reporting or monitoring program for the changes to the proposed project which it has adopted
or made a condition of approval, in order to mitigate or avoid significant effects on the environment.
The City Council hereby finds and accepts that the Draft Mitigation Monitoring Program for the WRRF Project
attached hereto and incorporated herein by reference meets the requirements of Section 21081.6 of the Public
Resources Code by providing for the implementation and monitoring of mitigation measures intended to mitigate
potential environmental effects.
XI. Alternatives
The City has examined a reasonable range of alternatives to the project, including the required No Project
Alternative. The City has determined that none of these alternatives, taken as a whole, is both environmentally
superior and more feasible than the project.
The Final EIR identifies the No Project Alternative as the environmentally superior alternative. However, it would not
meet any of the objectives of the proposed project, including complying with the stringent discharge requirements
included in the facility's September 2014 NPDES permit and the accompanying Time Schedule Order that
establishes the compliance schedule for the project. In addition, none of the beneficial impacts of the project with
regards to water quality and odor reduction would be realized under this alternative.
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Resolution No. 10740 (2016 Series) Page 10
EXHIBIT A
Alternative 1 No Project. The No Project Alternative assumes that the project site and existing treatment
methods at the WRRF would remain as currently described in the existing setting under each issue area
discussed in Chapter 3, Environmental Setting, Impacts and Mitigation Measures. It should be noted that
implementation of the No Project Alternative would not be feasible because implementation of improvements
at the project site are required to meet the more stringent discharge limits in the new NPDES permit for the
facility as well as the accompanying Time Schedule Order. The Time Schedule Order establishes the
compliance schedule for the permit and requires the City achieve the required disinfection byproduct limits and
nitrate limits by November 30, 2019. If the No Project Alternative is selected the City would not be able to
achieve compliance with the NPDES permit requirements in the required timeframe.
Alternative 2 Alternate Process Options. Alternative 2 considers alternate technologies that would enable the
WRRF to meet the new NPDES permit requirements. These process alternatives are available for renewable
energy, flow equalization, disinfection, cooling, secondary treatment and filtration. Details of these various
alternatives are discussed in the WRRF Facilities Plan. While these alternate process options were not included
in the proposed project, they would be feasible for use at the WRRF site, though not preferred based on the
various alternative analyses that were performed and the objectives and performance measures in the WRRF
Programs Charter. For a list of the current technology at the site, the technology that was selected for each
process for inclusion in the proposed project, and a list of the alternate technologies considered as part of this
alternative, refer to Table 5-1 in the Final EIR. The alternate technologies considered comprise Alternative 2.
Alternative 2 would result in a similar level of impact as the proposed project, though in some issue areas, such
as air quality, noise and greenhouse gases, potential impacts could be better or worse depending on which
combination of process options is selected. This alternative would avoid the potential need to realign the
segment of the Bob Jones Bike Trail that passes through the southern portion of the site as it would not include
the wetland cooling option. The impact to the trail resulting from the proposed project would be less than
significant as it would not necessitate removal of the trail from within the site and would maintain continuity
with the portions of the trail north and south of the facility.
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Resolution No. 10740 (2016 Series)
EXHIBIT A
ATTACHMENT 1
Page 11
WATER RESOURCE RECOVERY FACILITY PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
CEQA requires that a reporting or monitoring program be adopted for the conditions of project approval that are
necessary to mitigate or avoid significant effects on the environment (Public Resources Code 21081.6). The
Mitigation Monitoring and Reporting Program (MMRP) is designed to ensure compliance with adopted mitigation
measures during project implementation. For each applicable mitigation measure recommended in this
Environmental Impact Report, specifications are made herein that identify the action required and the monitoring
that must occur. In addition, a responsible agency is identified for verifying compliance with individual conditions
of approval contained in the Mitigation Monitoring and Reporting Program.
In order to implement this MMRP, the City of San Luis Obispo shall designate a Project Mitigation Monitoring and
Reporting Coordinator ("Coordinator"). The coordinator shall be responsible for ensuring that the mitigation
measures incorporated into the project are complied with during project implementation.
The following table shall be used as the Coordinator's checklist to determine compliance with required mitigation
measures.
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Resolution No. 10740 (2016 Series)
EXHIBIT A
ATTACHMENT 1
Page 12
Mitigation Measure/Condition of Action Required
Approval
Timing
Monitoring
Frequency
Responsible Agency or
par!
°=
;
E
:� llEt_QUALITY
Q -2(a) Standard Mitigation
Verify that standard
Prior to
Once.
City of San
Measures. The project shall comply
mitigation measures are
issuance of
Luis Obispo
with the following, outlined in Section
included as a note on all
grading and
Utilities
2.3.1 of the SLOAPCD CEQA
grading and building
building
Department
Handbook:
permits.
permits.
Once.
• Maintain all construction
equipment in proper tune according
Prior to
to manufacturer's specifications;
Verify that standard
issuance of
• Fuel all off-road and portable diesel
mitigation measures are
contractors
Periodically.
powered equipment with CARB
included as a note
specifications.
certified fuel (non -taxed version
contractor's
suitable for use off-road);
specifications.
During
• Use diesel construction equipment
grading and
meeting CARB's Tier 2 certified
construction.
engines or cleaner off-road heavy-
Field verify compliance.
duty diesel engines, and comply
with the State off -Road Regulation;
• Use on -road heavy-duty trucks that
meet the CARB's 2007 or cleaner
certification standard for on -road
heavy-duty diesel engines, and
comply with the State On -Road
Regulation;
• 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 (e.g. captive or NOx
exempt area fleets) may be eligible
by proving alternative compliance;
• All on and off-road diesel
equipment shall not idle for more
than 5 minutes, with the exception
of concrete delivery vehicles. Signs
shall be posted in the designated
queuing areas and or job sites to
remind drivers and operators of the
5 minute idling limit;
• Diesel idling within 1,000 feet of
sensitive receptors is not permitted;
• Staging and queuing areas shall not
be located within 1,000 feet of
sensitive receptors;
• Equipment shall be electrified when
feasible;
• Diesel powered equipment shall be
substituted with gasoline powered
equipment when feasible;
■ Alternatively fueled construction
equipment shall be used onsite
when feasible, such as compressed
natural gas (CNG), liquefied natural
gas (LNG), propane, or biodiesel.
•
R 10740
ATTACHMENT 1
Resolution No. 10740 (2016 Series) Page 13
EXHIBIT A
Mitigation Measure/Condition of
Action Required
Timing
Monitoring
Responsible Agency or
a
a
E
Approval
Frequencypar
°•
A
0
AQ -2(b) Best Available Control
Verify that standard
Prior to
Once.
City of San
Technology (BACT) for
BACT are included as a
issuance of
Luis Obispo
Construction Equipment. The
note on all grading and
grading and
Utilities
following BACTs, outlined in the
building permits.
building
Department
SLOAPCD CEQA Handbook, shall
permits.
Once.
be incorporated into construction of
the proposed project:
Verify that standard
Prior to
■ Tier 3 or Tier 4 off-road and 2010
BACT are included as a
issuance of
on -road compliant engines shall be
note contractor's
contractors
Periodically
used;
specifications.
specifications.
during
• Equipment shall be repowered with
grading and
the cleanest engine available;
Continuously
construction.
• California Verified Diesel Emission
Field verify compliance.
during grading
Control Strategies shall be installed.
and
construction.
BIOLOGICAL RESOURCES
BIO -1(a) Special Status Plant Verify that a qualified Prior to start Once. City of San
Species Surveys. Prior to the start of biologist has conducted of Luis Obispo
on-site construction activities and pre -construction surveys construction. Utilities
when the plants are in a phenological for special -status plant Department
stage conducive to positive species within all
identification (i.e., usually during the vegetation communities
blooming period for the species), the on the project site with
applicant shall ensure an approved the exception of the
biologist will conduct surveys for "Developed/Landscaped/
special status plant species throughout Constructed" areas
suitable habitat within the project site. shown on Figure 3.2-1 in
the Final EIR.
BI0-1(b) Special Status Plant
Verify that standard
Prior to start
Once.
City of San
Species Avoidance. If special status
Special Status Plant
of
Periodically.
Luis Obispo
plant species are discovered within the
Species Avoidance
construction.
Utilities
study area, the applicant shall ensure
Measures are
Field verify
Department
an approved biologist will flag and
implemented, as
during
fence these locations before
required based on the
construction to
construction activities start to avoid
pre -construction surveys.
ensure
impacts.
avoidance
measures
remain in
R 10740
Resolution No. 10740 (2016 Series)
EXHIBIT A
ATTACHMENT 1
Page 14
1310-1(c) Restoration Plan. If
If avoidance is not
Verify that the Once.
City of San
avoidance is not feasible; the applicant
feasible, verify that a
restoration
Luis Obispo
shall ensure all impacts be mitigated at
restoration plan has been
plan has been
Utilities
a minimum ratio of 2:1 (number of
prepared by a qualified
completed
Department
acres/individuals restored to number
biologist/ restoration
prior to
of acres/individuals impacted) for
ecologist which includes
issuance of
each species as a component of habitat
the required
grading
restoration. The applicant shall
components.
permits. Once.
prepare and submit a restoration plan
to the City for approval. The
Verify that
restoration plan shall include, at a
habitat
minimum, the following components:
restoration
• Description of the project/impact
plan has been
site (i.e., location, responsible
implemented
parties, areas to be impacted by
by end of
habitat type);
construction.
• Goal(s) of the compensatory
mitigation project [type(s) and
area(s) of habitat to be established,
restored, enhanced, and/or
preserved; specific functions and
values of habitat type(s) to be
established, restored, enhanced,
and/or preserved];
■ Description of the proposed
compensatory mitigation site
(location and size, ownership status,
existing functions and values);
• Implementation plan for the
compensatory mitigation site
(rationale for expecting
implementation success,
responsible parties, schedule, site
preparation, planting plan
[including species to be used,
container sizes, seeding rates, etc.]);
• Maintenance activities during the
monitoring period, including weed
removal and irrigation as
appropriate (activities, responsible
parties, schedule);
• Monitoring plan for the
compensatory mitigation site,
including no less than quarterly
monitoring for the first year, along
with performance standards, target
functions and values, target
acreages to be established, restored,
enhanced, and/or preserved, and
annual monitoring reports to be
submitted to the City for a
maximum of five years;
• Success criteria based on the goals
and measurable objectives; said
criteria to be, at a minimum, at least
80 percent survival of container
plants and 30 percent relative cover
by vegetation type;
• An adaptive management program
and remedial measures to address
any shortcomings in meeting
success criteria;
R 10740
R 10740
ATTACHMENT 1
Resolution No. 10740 (2016 Series)
Page 15
EXHIBIT A
Mitigation Measure/Condition of
Action Required
Monitoring Responsible
Timing Agency or z
Approval
Fre uenc
q y Party = A V
■ Notification of completion of
compensatory mitigation and
agency confirmation; and
• Contingency measures (initiating
procedures, alternative locations for
contingency compensatory
mitigation, rundiRE mcchanisin).
BI0-1(d) Best Management
Verify that standard
Prior to Once. City of San
Practices. The applicant shall ensure
BMPs are included as a
issuance of Luis Obispo
the following general wildlife Best
note on all grading and
grading and Utilities
Management Practices (BMPs) are
building permits.
building Department
required:
permits. Once.
• No pets or firearms shall be allowed
at the project site during
Verify that standard
Prior to
construction activities.
BMPs are included as a
issuance of
• All trash that may attract predators
note contractor's
contractor's Periodically,
must be properly contained and
specifications.
specifications.
removed from the work site. All
such debris and waste shall be
During
picked up daily and properly
Field verify compliance
grading and
disposed of at an appropriate site.
that BMPs are in place
construction.
• All refueling, maintenance, and
in all identified
staging of equipment and vehicles
Environmentally
shall occur at least 100 feet from
Sensitive Areas.
San Luis Obispo Creek and the
Environmentally
southern holding ponds and in a
Sensitive Areas include:
location where a spill would not
any area where a special
drain toward aquatic habitat. A plan
status species plant is
must be in place for prompt and
identified; San Luis
effective response to any accidental
Obispo Creek and the
spills prior to the onset of work
surrounding riparian
activities. All workers shall be
vegetation (i.e. red
informed of the appropriate
willow thicket — see
measures to take should an
Final EIR Figure 3.2-1);
accidental spill occur.
and areas where nesting
• To control sedimentation during
birds are identified to be
and after project implementation,
present.
appropriate erosion control BMPs
(i.e., use of coir rolls, jute netting,
etc.) shall be implemented to
minimize adverse effects on
adjacent San Luis Obispo Creek.
No plastic monofilament netting
shall be utilized on-site.
• All vehicles and equipment shall be
in good working condition and free
of leaks.
• Environmentally Sensitive Areas
shall be delineated to confine access
routes and construction areas.
• Work shall be restricted to daylight
hours.
R 10740
Resolution No. 10740 (2016 Series)
EXHIBIT A
Mitigation Measure/Condition of
g
Approval Action Required
ATTACHMENT 1
Page 16
Responsible
Monitoring y � E
Timing Fre uenc Agency or �, o
Frequency party = G u
BIO -1 (e) WE" Training. Prior to
Verify that all personnel
Prior to start Once. City of San
the initiation of construction activities
associated with project
of Luis Obispo
(including staging and mobilization),
construction activities in
construction. Utilities
the applicant shall ensure all personnel
Environmentally
Periodically. Department
associated with project construction
Sensitive Areas attend
During
shall attend a Worker Environmental
WEAP training prior to
construction
Awareness Program (WEAP) training.
start of construction.
period as new
• The training shall be conducted by
Personnel associated
workers attend
a qualified biologist, to aid workers
with construction in
the site.
in recognizing special status
these areas who have not
resources that may occur in the
completed the WEAP,
project area. The specifics of this
training shall be
program shall include identification
accompanied onsite by
of the sensitive species and habitats,
personnel who has
a description of the regulatory
completed the training.
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 shall
also be prepared for distribution to
all contractors, their employers, and
other personnel involved with
construction of the project, All
employees shall sign a form
provided by the trainer
documenting they have attended the
WEAP and understand the
information presmed to them.
BIO-I(f) Blainville's Horned Lizard
Verify that a qualified
During initial As needed. City of San
(Phrynosoma biainviiii). The
biologist is present on-
ground Luis Obispo
applicant shall ensure the following
site during initial ground
disturbance at Utilities
measures are implemented to avoid
disturbance in areas
identified Department
and minimize potential impacts to
determined to have
sensitive
Blainville's horned lizard.
suitable habitat for
areas.
• A qualified biologist shall be
Blainville's Homed
present on-site during initial ground
Lizard. Suitable habitat
As needed.
disturbance in areas determined to
onsite consists of Groves
During
have suitable habitat for this
and Screens, Annual
relocation
species. Any Blainville's horned
Grassland, and Coastal
activities.
lizards that are observed during
Scrub (see Final EIR
initial ground disturbance shall be
Figure 3.2-1).
relocated the shortest distance
possible to a location that contains
Verify any relocation
suitable habitat not likely to be
completed complies with
affected by activities associated
distance requirements.
with the proposed project.
R 10740
Resolution No. 10740 (2016 Series)
EXHIBIT A
ATTACHMENT 1
Page 17
Mitigation Measure/Condition of
Approval
Action Required
Timing
Monitoring
Frequency
Responsible
Agency or
Par!
_
a
A
c
c1
13I04(g) Western Pond Turtle
Verify that a qualified
Prior to start of
Once.
City of San
(Actinemys /==Emysl marmorata).
biologist conducted a pre-
work activities
Luis Obispo
The applicant shall ensure the
construction survey
in identified
Utilities
following measures are implemented
within 24 hours prior to
areas.
Department
to avoid and minimize potential
the onset of work
impacts to southern western pond
activities within and
turtle:
around areas considered
■ A qualified biologist(s) shall
potential western pond
conduct a pre -construction survey
turtle habitat.
within 24 hours prior to the onset of
This is only applicable to
Once.
work activities within and around
the red willow thicket and
Prior to start of
areas considered potential western
sparsely vegetated
work activities
pond turtle habitat. If this species is
streambed vegetation
in identified
found and the individuals are likely
communities and the
areas.
Once.
to be injured or killed by work
holding ponds (see Final
activities, the approved biologist
EIR Figure 3.2-1).
Prior to start of
shall be allowed sufficient time to
work activities
move them from the project site
in identified
before work activities begin. The
Verify required relocation
areas.
biologist(s) must relocate the any
occurs and complies with
western pond turtle the shortest
distance requirements.
distance possible to a location that
contains suitable habitat that is not
likely to be affected by activities
Verify minimization of
associated with the proposed
access routes, staging
project.
areas and construction
■ Access routes, staging, and
areas in in riparian and
construction areas shall be limited
wetland areas.
to the minimum area necessary to
achieve the project goal and
minimize potential impacts to
southern western pond turtle habitat
including locating access routes and
construction staging areas outside
of wetlands and riparian areas to the
maximum extent practicable.
R 10740
ATTACHMENT 1
Resolution No. 10740 (2016 Series) Page 18
EXHIBIT A
131O4(h) California Red -Legged
Verify receipt of written
Prior to start Once. City of San
Frog (Rana draytonii). The applicant
approval from USFWS of
of Luis Obispo
shall ensure the following measures
the approved biologist.
construction. Community
are implemented to ensure that
Once; Developmen
impacts to CRLF from the proposed
Verify placement of
Prior to start periodically. t Department
project are reduced to a less than
exclusion fencing around
of
significant level.
areas of suitable habitat,
construction;
• Only USFWS-approved biologists
including red willow
during
shall participate in activities
thicket, sparsely
construction
associated with the capture,
vegetated streambed,
period.
handling, and monitoring of CRLF.
seasonal wetland and the
• Ground disturbance shall not begin
holding ponds (see Final
until written approval is received
EIR Figure 3.2-1), as well
from the USFWS that the biologist
as on the southern and
is qualified to conduct the work. If
eastern boundaries of the
Periodically.
the USFWS does not authorize the
site to place a barrier
relocation of CRLF occurring
between the San Luis
During
within the project site, CRLF found
Obispo Creek riparian
construction
within the project site shall be
corridor and the rest of
period. Once;
avoided with a 100 -foot buffer and
the site with the exception
periodically.
no activities shall occur within that
of the northern portion of
Prior to start
buffer until the CRLF has left the
the site where operations
of
project site on its own.
are ongoing and the
construction;
• The project site shall be surrounded
adjacent habitat is
during
by a solid temporary exclusion
developed/landscaped/co
construction Once.
fence (such as silt fencing) that
nstructed,
period.
shall extend at least three feet above
the ground and be buried into the
Verify vehicles and
Prior to start
ground at least 6 inches to exclude
equipment are in good
of
CRLF from the project site. Plastic
working order.
construction.
monofilament netting or other
Periodically.
similar material will not be used.
The location of the fencing shall be
Verify delineation of
determined by a qualified biologist.
Environmentally
The fence shall remain in place
Sensitive Habitats.
During
throughout construction activities.
construction
Installation of the exclusion fencing
period.
shall be monitored by a qualified
biologist to ensure that it is installed
correctly.
• All vehicles and equipment shall be
Verify work hour
in good working condition and free
restrictions, the
of leaks,
fieldwork code of practice
• Environmentally Sensitive Areas
developed by the
shall be delineated to confine access
Declining Amphibian
routes and construction areas.
Populations Task Force,
• Work shall be restricted to daylight
and pet and firearm
hours.
restrictions are included
• To ensure that diseases are not
as a note on the
conveyed between work sites by the
contractor's
approved biologist, the fieldwork
specifications.
code of practice developed by the
Declining Amphibian Populations
Field verify compliance
Task Force shall be followed at all
with work hour
times.
restrictions, the
• No pets or firearms shall be
fieldwork code of practice
permitted on-site.
developed by the
Declining Amphibian
Populations Task Force,
and pet and firearm
restrictions.
R 10740
Resolution No. 10740 (2016 Series)
EXHIBIT A
8I0 -1(i) Steelhead Trout
Verify that all
(Oncorhynchus mykiss HMO. The
construction personnel
applicant shall ensure the following
working in proximity to
mitigation measures are undertaken to
San Luis Obispo Creek
ensure that impacts to steelhead from
or on activities that
the proposed project are reduced to a
could result in indirect
less than significant level. These
impacts to the creek
measures are included in or are
attend a Steelhead Trout
subsequent to the measures stipulated
training.
in the facility's existing National
Marine Fisheries Service Biological
workers attend
Opinion.
• Before any activities begin on the
project, a qualified biologist will
conduct a training session for all
Verify compliance with
construction personnel. At a
all requirements of the
minimum, the training will include
measure.
a description of the steelhcad and its
• For the
habitat, the specific measures that
purposes of
are being implemented to conserve
this measure
this species for the current project,
the area
and the boundaries within which
identified as
the project may be accomplished.
"immediate
Brochures, books, and briefings
vicinity of San
may be used in the training session,
Luis Obispo
provided that a qualified person is
Creek" is
on hand to answer any questions.
defined as the
During the duration of project
red willow
activities, all trash that may attract
thicket
predators will be properly contained
vegetation
and secured, promptly removed
community
from the work site, and disposed of
(see Final EIR
regularly. Following construction,
Figure 3.2-1).
all trash and construction debris
• Cover of stock
will be removed from the work
piles is
areas.
required
All refueling, maintenance, and
during rain
staging of equipment and vehicles
events and
will occur at least 100 feet from
when not
riparian habitat or bodies of water
actively in use.
and in a location where a potential
• Silt fencing is
spill would not drain directly
required along
toward aquatic habitat (e.g., on a
the top of bank
slope that drains away from the
only where
water source). The monitor shall
project related
ensure that contamination of
construction
suitable habitat does not occur
will occur,
during such operations. Prior to the
specifically in
onset of work activities, a plan must
the area where
be in place for prompt and effective
the outfall will
response to any accidental spills.
be installed
All workers shall be informed of
within the red
the importance of preventing spills
willow thicket
and of the appropriate measures to
vegetation
take should an accidental spill
community.
occur.
The number of access routes, size
of staging areas, and the total area
used for construction activities shall
be limited to the minimum area
necessary to achieve the project
goals.
ATTACHMENT 1
Prior to start
Once.
City of San
of
Luis Obispo
construction.
Utilities
Periodically.
Department
During
construction
period as new
workers attend
the site.
Continuous]
During
Y.
construction.
Page 19
R 10740
Resolution No. 10740 (2016 Series)
EXHIBIT A
■ The City will attempt to schedule
work within the immediate vicinity
of San Luis Obispo Creek for times
of the year when potential impacts
to steelhead would be minimal. To
the maximum extent feasible, work
should be restricted during the wet
season (October 15 through April
30) and should ideally occur during
the late summer and early fall.
To control sedimentation during
and after project implementation,
the City shall implement the
following BMPs. If the BMPs are
somehow ineffective, the City, in
consultation with the appropriate
resource agency(ies), will attempt
to remedy the situation
immediately.
It shall be the owner's/contractor's
responsibility to maintain control of
the entire construction operations
and to keep the entire site in
compliance.
The owner/contractor shall be
responsible for monitoring erosion
and sediment control measures
(including but not limited to fiber
rolls, inlet protections, silt fences,
and gravel bags) prior, during and
after storm events, monitoring
includes maintaining a file
documenting onsite inspections,
problems encountered, corrective
actions, and notes and a map of
remedial implementation measures.
All earth stockpiles over 2.0 cubic
yards shall be covered with a tarp
and ringed with straw bales or silt
fencing. The site shall be
maintained so as to minimize
sediment -laden runoff to any storm
drainage system including existing
drainage swales and/or sand
watercourses.
o Construction operations shall
be carried out in such a
manner that erosion and water
pollution will be minimized.
o State and local laws
concerning pollution
abatement shall be complied
with.
o If grading operations are
expected to denude slopes, the
slopes shall be protected with
erosion control measures
immediately following
grading on the slopes.
Specifically, in order to prevent
sedimentation and debris from
enterine San Luis Obisntr Creek
ATTACHMENT 1
Page 20
R 10740
Resolution No. 10740 (2016 Series)
EXHIBIT A
Mitigation Measure/Condition of
Approval
during construction, silt fencing
shall be installed along the top of
the banks on the west side of the
channel prior to the onset of
construction activities.
The project biologist will monitor
construction activities, in stream
habitat, and overall performance of
BMPs and sediment controls for the
purpose of identifying and
reconciling any condition that could
adversely affect steelhead or their
habitat.
Equipment will be checked daily
for leaks prior to the initiation of
construction activities. A spill kit
will be placed near the creek and
will remain readily available during
construction in the event that any
contaminant is accidentally
released.
In addition to these avoidance and
minimization measures, mitigation
measure 13I0-2 would also ensure
that potential indirect impacts to
steelhead from this project are
reduced to the extent practicable.
Action Required
ATTACHMENT 1
Page 21
Responsible
Monitoringm E
Timing Frequency Agency or �, e
q Y Partv ° A U
R 10740
Resolution No. 10740 (2016 Series)
EXHIBIT A
Mitigation Measure/Condition of
g
Approval Action Required
ATTACHMENT 1
Page 22
Responsible
Monitoring y c
Timing Frequency Agency or ;. „ c
810-10) Nesting Birds. 31ic
If initial ground
Prior to start Once. City of San
applicant shall ensure the following
disturbing activities
of Luis Obispo
mitigation measures are undertaken to
occur during the
construction Utilities
reduce any potential impacts to
breeding bird nesting
(if during Department
nesting birds to a less than significant
season, verify that a
nesting
level.
qualified biologist has
season) Periodically.
• For construction activities occurring
performed a nesting bird
during the nesting season (generally
survey with results
During
February I to September 15),
submitted to the City.
construction,
surveys for nesting birds covered by
the California Fish and Game Code
If active bird nests are
and the Migratory Bird Treaty Act
located during the pre -
shall be conducted by a qualified
construction survey,
biologist no more than 14 days
field verify buffer zones.
prior to vegetation removal. The
The size of the buffer
surveys shall include the
zones required will be at
disturbance area plus a 500 -foot
the discretion of the
buffer around the site. If active
qualified biologist.
nests are located, all construction
work shall be conducted outside a
buffer zone from the nest to be
determined by the qualified
biologist. The buffer shall be a
minimum of 50 feet for non -raptor
bird species and at least 300 feet for
raptor species. Larger buffers may
be required depending upon the
status of the nest and the
construction activities occurring in
the vicinity of the nest. The buffer
area(s) shall be closed to all
construction personnel and
equipment until the adults and
young are no longer reliant on the
nest site. A qualified biologist shall
confirm that breeding/nesting is
completed and young have fledged
the nest prior to removal of the
buffer.
If feasible, removal of vegetation
within suitable nesting bird habitats
will be scheduled to occur in the fall
and winter (between September I and
February 14), after fledging and
before the initiation of the nesting
season.
R 10740
Resolution No. 10740 (2016 Series)
EXHIBIT A
13I0-2 Riparian Habitat. A Habitat
Mitigation and Monitoring Plan
(HMMP) shall be prepared which will
provide a minimum a 1:1 ratio for
temporary and permanent impacts to
riparian habitat. The HMMP will
identify the specific mitigation sites
and it will be implemented
immediately following project
completion. The HMMP shall include,
at a minimum, the following
components:
• Description of the project/impact
site (i.e. location, responsible
parties, areas to be impacted by
habitat type);
Goal(s) of the compensatory
mitigation project [type(s) and
area(s) of habitat to be established,
restored, enhanced, and/or
preserved; specific functions and
values of habitat type(s) to be
established, restored, enhanced,
and/or preserved];
Description of the proposed
compensatory mitigation -site
(location and size, ownership status,
existing functions and values of the
compensatory mitigation -site);
Implementation plan for the
compensatory mitigation -site
(rationale for expecting
implementation success,
responsible parties, schedule, site
preparation, planting plan
[including plant species to be used,
container sizes, seeding rates, etc.]);
Maintenance activities during the
monitoring period, including weed
removal and irrigation as
appropriate (activities, responsible
parties, schedule);
Monitoring plan for the
compensatory mitigation site,
including no less than quarterly
monitoring for the first year
(performance standards, target
functions and values, target
acreages to be established, restored,
enhanced, and/or preserved, annual
monitoring reports);
Success criteria based on the goals
and measurable objectives; said
criteria to be, at a minimum, at least
80 percent survival of container
plants and 80 percent relative cover
by vegetation type;
An adaptive management program
and remedial measures to address
negative impacts to restoration
efforts:
Verify that a HMMP has Prior to start of Once.
been prepared by a construction.
qualified biologist/
restoration ecologist and
that it includes the
required components.
The HMMP would apply During Periodically.
to areas of riparian construction.
habitat only (i.e. red
willow thicket — see
Final EIR Figure 3.2-1).
Verify compliance with
HMMP.
ATTACHMENT 1
Page 23
City of San
Luis Obispo
Utilities
Department
R 10740
Resolution No. 10740 (2016 Series)
EXHIBIT A
Mitigation Measure/Condition of Action Required
Approval
Notification of completion of
compensatory mitigation and
agency confirmation; and
Contingency measures (initiating
procedures, alternative locations
for contingency compensatory
mitigation, funding mechanism).
ATTACHMENT 1
Page 24
Monitoring
Responsible
E
Timing Fre uenc Agency or a o c
q Y Party G U
R 10740
Resolution No. 10740 (2016 Series)
EXHIBIT A
Mitigation Measure/Condition of
Approval
BI0-3 Jurisdictional Water and
Wetlands BMPs. The following
BMPs shall be implemented:
1. To control sedimentation during
and after project implementation,
appropriate erosion control best
management practices (i.e.,
installation of straw wattle, jute
netting, etc.) shall be
implemented to minimize
adverse effects on jurisdictional
areas in the vicinity of the
project. Plastic monofilament
erosion control matting will not
be implemented onsite.
2. Project activities within the
jurisdictional areas shall occur
during the dry season (typically
between June i and November 1)
in any given year, or as otherwise
directed by the regulatory
agencies. Deviations from this
work window can be made with
permission from the relevant
regulatory agencies.
3. During construction, no litter or
construction debris shall be
placed within jurisdictional areas.
All such debris and waste shall
be picked up daily and properly
disposed of at an appropriate site.
In addition, all project -generated
debris, building materials, and
rubbish shall be removed from
jurisdictional areas and from
areas where such materials could
be washed into them.
4. Any substances which could be
hazardous to aquatic species
resulting from project -related
activities shall be prevented from
contaminating the soil and/or
entering jurisdictional areas.
All refueling, maintenance, and
staging of equipment and vehicles
shall occur at least 100 feet from
bodies of water and in a location
where a potential spill would not drain
directly toward aquatic habitat (e.g.,
on a slope that drains away from the
water source). Prior to the onset of
work activities, a plan must be in
place for prompt and effective
response to any accidental spills. All
workers shall be informed of the
importance of preventing spills and of
the appropriate measures to take
should an accidental sailI occur.
Action Required
Timing
Monitoring
Frequency
Verify that BMPs are
Prior to
Once.
included as a note on all
issuance of
grading and building
grading and
permits.
building
permits.
Once.
Verify that BMPs are
Prior to
included on contractor's
issuance of
specifications.
contractor
Periodically.
specifications.
Field verify compliance
During
in area of jurisdictional
construction
waters as identified on
activities.
Final EIR Figure 3.2-1.
ATTACHMENT 1
Page 25
Responsible
Agency or 1j
Part% � G
('ily (If Sara
Luis Obispo
Utilities
Department
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R 10740
ATTACHMENT 1
Resolution No. 10740 (2016 Series)
Page 26
EXHIBIT A
Mitigation Measure/Condition of
Action Required
Monitoring E
Timing Agency orApproval
Frequency
part o U
CULTURAL RESOURU%S
CR-1(a) WEAP Training. Prior to
Verify that all personnel
Prior to start Once. City of San
project construction, the applicant
associated with ground
of Luis Obispo
shall retain a qualified archaeologist
disturbing activities
construction; Utilities
meeting the Secretary of the Interior's
attend a WEAP training.
Periodically. Department
Standards for historic archaeology to
Personnel associated
During
conduct a Worker's Environmental
with ground disturbing
construction
Awareness Program (WEAP) for all
activities who have not
period as new
construction personnel working on the
completed the WEAP
workers attend
project. The training shall include an
training shall be
the site.
overview of potential cultural
accompanied onsite by
resources that could be encountered
personnel who has
during ground disturbing activities to
completed the training.
facilitate worker recognition,
avoidance, and notification to a
qualified archaeologist in the event of
unanticipated discoveries. The Native
American monitor shall also be
present at the WEAP training to
provide the Native American
perspective on cultural resources and
potential project-related impacts, and
to receive information regarding the
project schedule, roles and
responsibilities, and mitigation
measures.
CR-1(b) Archaeological and Native
Verify that a qualif icd
Field Periodically. City of San
American Monitoring. Prior to
archaeologist and Native
verification as Luis Obispo
project construction the applicant shall
American monitor are
necessary Utilities
retain a qualified archaeologist and
present for all project
during Department
Native American representative to
related ground disturbing
construction
conduct archaeological monitoring of
activities within 200 feet
period.
all project related ground disturbing
of the centerline of the
As needed.
activities within 200 feet of the creek
creek bed.
As needed.
bed. Archaeological monitoring
should be performed under the
direction of an archaeologist meeting
Verify conditions of
the Secretary of the Interior's
measure are implemented
Professional Qualification Standards
if archaeological
for archaeology (NPS 1983). The
resources are discovered.
duration and timing of monitoring
shall be determined by the qualified
archaeologist in consultation with the
City and based on the grading plans
and level of previous disturbance
within work areas. if archaeological
resources are encountered during
ground-disturbing activities, work in
the immediate area must halt and the
find be evaluated for significance
under Section 106 of the NHPA and
C'I?QA.
R 10740
Resolution No. 10740 (2016 Series)
EXHIBIT A
ATTACHMENT 1
Page 27
Mitigation Measure/Condition of
Approval
Action Required
Timing
Monitoring
Frequency
Responsible
Agency or
party
d
E
u
CR -1(c) Discovery of
Verify that mandard
Pricer to start of
Once.
City of San
Archaeological Resources. In the
mitigation measure CR-
construction.
Luis Obispo
event that archaeological resources are
I (c) is included as a note
Utilities
unearthed during project construction,
on contractor's
As needed.
As needed.
Department
all earth disturbing work within the
specifications.
vicinity of the find shall be
temporarily suspended or redirected
Verify measure
until an archaeologist has evaluated
implemented if
the nature and significance of the find.
archaeological resources
Evaluation of significance for the find
are discovered.
may include the determination of
whether or not the find qualifies as an
archaeological site. Isolated finds do
not qualify as historical resources
under CEQA or historic properties
under the NHPA and require no
management consideration under
either regulation. Should any
resource(s) be identified, an evaluation
of eligibility for the CRHR and NRNP
may be required through the
development of a treatment plan
including a research design and
subsurface testing through the
excavation of test units and shovel test
pits. After effects to the find have been
appropriately mitigated, work in the
area may resume. Mitigation of
significant impacts or adverse effects
to the find may include a damage
assessment of the find, archival
research, and/or data recovery to
remove any identified archaeological
deposits, as determined by a qualified
archaeologist
R 10740
R 10740
ATTACHMENT 1
Resolution No. 10740 (2016
Series)
Page 28
EXHIBIT A
Mitigation Measure/Condition of
g
Action Required
Responsible
Monitoring �, M E
Timing Agency or .. E
Approval
Frequency
q y Part = v
CR -1(d) Discovery of Human
Verify that standard
Prior to start of Once. City of San
Remains. If human remains are
mitigation measure CR-
construction. Luis Obispo
found, the State of California Health
l (d) is included as a note
Utilities
and Safety Code Section 7050.5 states
on contractor's
As needed. As needed. Department
that no further disturbance shall occur
specifications.
until the county coroner has made a
determination of origin and
Verify measure
disposition pursuant to Public
implemented if human
Resources Code Section 5097.98. In
remains are discovered.
the event of an unanticipated
discovery of human remains, the San
Luis Obispo County coroner must be
notified immediately. If the human
remains are determined to be
prehistoric, the coroner will notify the
Native American Heritage
Commission (NAHC), 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.
CR -2(a) Paleontological Mitigation
Verify that a
Prior to start of Once. City of San
and Monitoring Program. Prior to
Paleontological
construction. Luis Obispo
construction activity a qualified
Mitigation and
Utilities
paleontologist should prepare a
Monitoring Program has
Department
Paleontological Mitigation and
been prepared by a
Monitoring Program to be
qualified paleontologist
implemented during project ground
which include the
disturbance activity. This program
required components.
should be based on the final project
plans to identify specific areas where
ground disturbing activity has the
potential to impact scientifically
significant paleontological resources
and include the following details:
I ) Outline the procedures for
construction staff Worker
Environmental Awareness Program
(WEAP) training;
2) Specify the extent, location and
duration of paleontological monitoring
based on proposed construction
activity;
3) Specify the procedures for
salvage and preparation of fossils;
4) Require a final mitigation and
monitoring report; and
5) Specify the qualifications of a
qualified paleontologist and
paleontological monitors.
R 10740
R 10740
ATTACHMENT 1
Resolution No. 10740 (2016 Series)
Page 29
EXHIBIT A
Mitigation Measure/Condition of
Action Required
Monitoring Responsible'a&
Timing Agency or
E
Approval
Frequency ,�
9 Y Partv A
c
U
CR -2(b) Paleontological WEAP.
Verify that all personnel
Prior to start Once. City of San
Prior to the start of construction,
associated with ground
of Luis Obispo
construction personnel should be
disturbing activities
construction. Utilities
informed on the appearance of fossils
attend a WEAP training.
Department
and the procedures for notifying
Personnel associated
paleontological staff should fossils be
with ground disturbing
discovered by construction staff.
activities who have not
completed the WEAP
training shall be
accompanied onsite by
personnel who has
completed the training.
CR -2(c) Paleontological
Verify that mitigation
Prior to Once City of San
Monitoring. Any excavations
measure CR -2(c) is
issuance of Luis Obispo
exceeding five feet in depth, including
included as a note on
start of Utilities
those in the young alluvium, should be
contractor's
construction. Department
monitored according to the
specifications.
Periodically,
specifications outlined in the PMMP.
During as needed.
At a minimum, paleontological
construction
monitoring should be sufficient to
Verify monitoring
period.
evaluate the potential of newly
occurs in identified
exposed geologic units to contain
locations.
fossils. If the qualified paleontologist
determines that geologic units are
unlikely to yield significant
paleontological resources, monitoring
may be discontinued. If ground
disturbance activity is initiated in a
new area or to a deeper depth than
previous excavations, paleontological
monitoring should be re-initiated.
Monitoring should be conducted by a
qualified paleontological monitor as
specified in the PMMP. Ground
disturbing activity that does not
exceed five feet in depth in young
alluvium would not require
Paleontological monitoring.
CR -2(d) Salvage of Fossils. If fossils
Verify measure
As needed, if Periodically. City of San
are discovered, the qualified
implementation if fossils
fossils are Luis Obispo
paleontologist (or paleontological
are identified during
identified. Utilities
monitor) should recover them.
construction.
Department
Typically fossils can be safely
salvaged quickly by a single
paleontologist and not disrupt
construction activity. In some cases
larger fossils (such as complete
skeletons or large mammal fossils)
require more extensive excavation and
longer salvage periods. In this case the
paleontologist should have the
authority to temporarily direct, divert
or halt construction activity to ensure
that the fossil(s) can be removed in a
safe and timet. manner.
R 10740
Resolution No. 10740 (2016 Series)
EXHIBIT A
ATTACHMENT 1
Page 30
Mitigation Measure/Condition of
Approval Action Required
CR -2(e) Preparation and Curation Verify measure
Timing
Monitoring
Frequency
Once.
Responsible
Agency or
Party
G
_
o
u
By end of
City of San
of Recovered Fossils. Once salvaged, implementation if fossils
construction.
Luis Obispo
Before construction is initiated, the Treatment Plan has been
fossils should be identified to the are identified during
Utilities
Utilities
City of San Luis Obispo shall work prepared.
lowest possible taxonomic level, construction.
Department
Department
with its design engineers and
prepared to a curation-ready condition
construction contractor to develop an
and curated in a scientific institution
Emergency Wastewater Treatment
with a permanent paleontological
Plan which identifies procedures for
collection (such as the University of
handling and treating wastewater
California Museum of Paleontology or
flows during construction of the
the Los Angeles County Museum of
Project. This Plan shall include
Natural History), along with all
procedures and contingency
pertinent field notes, photos, data, and
measures for proper handling and
maps.
treatment of wastewater flows in the
CR -2(f) Final Paleontological Verify that a Final
By end of
Once.
City of San
event that the treatment train goes
Mitigation and Monitoring Report. Paleontological
construction.
Luis Obispo
offline unexpectedly as a result of
Upon completion of ground disturbing Mitigation and
Utilities
construction activities, such as
activity (and curation of fossils if Monitoring Report has
Department
temporary storage wastewater flows.
necessary) the qualified paleontologist been prepared by a
The Plan shall consider storage
should prepare a final mitigation and qualified paleontologist
options, varying levels of treatment
monitoring report outlining the results which include the
and/or blending, temporary
of the mitigation and monitoring required components.
treatment options, and conveyance to
program. The report should include
alternative treatment facilities. An
discussion of the location, duration
existing emergency treatment plan
and methods of the monitoring,
could be used in place of this
stratigraphic sections, any recovered
Emergency Wastewater Treatment
fossils, and the scientific significance
Plan so long as its provisions could
of those fossils, and where fossils
be successfully implemented during
were curated.
project construction.
I HYDROLOGY AND WATER QUALITY I
HYD -1 Prepare an Emergency Verify that an
Prior to start of
Once.
City of San
Wastewater Treatment Plan. Emergency Wastewater
construction.
Luis Obispo
Before construction is initiated, the Treatment Plan has been
Utilities
City of San Luis Obispo shall work prepared.
Department
with its design engineers and
construction contractor to develop an
Emergency Wastewater Treatment
Plan which identifies procedures for
handling and treating wastewater
flows during construction of the
Project. This Plan shall include
procedures and contingency
measures for proper handling and
treatment of wastewater flows in the
event that the treatment train goes
offline unexpectedly as a result of
construction activities, such as
temporary storage wastewater flows.
The Plan shall consider storage
options, varying levels of treatment
and/or blending, temporary
treatment options, and conveyance to
alternative treatment facilities. An
existing emergency treatment plan
could be used in place of this
Emergency Wastewater Treatment
Plan so long as its provisions could
be successfully implemented during
project construction.
R 10740
Resolution No. 10740 (2016 Series)
EXHIBIT A
ATTACHMENT 1
Page 31
Mitigation Measure/Condition of
Action Required
Timing
Monitoring
Responsible
Agency or
E
Approval
Frequency
part
r
,,
HYD -4 Design Stormwater Outfall
Verify that USACE
Prior to start of
Once.
City of San
with Energy Dissipaters. The City
approval of stormwater
construction.
Luis Obispo
of San Luis Obispo shall ensure that
outfall design and
Utilities
the San Luis Obispo Creek
location.
Department
stormwater outfall, if selected to
manage storm flows on the WRRF
site is designed with energy
dissipation features as needed to
prevent flooding and erosion at or
downstream of the point of
discharge. The design and location
of the stormwater outfall shall be
approved by USACE to ensure that
it does not impede high flow
capacity.
HAZARDS AND HAZARDOUS MATERIALS
HAZ-1(a) Hazardous Materials
Verify that a HMMSCP
Prior to start of
Once.
City of San
Management and Spill Control
has been prepared.
construction.
Luis Obispo
Plan. Before construction begins, all
Utilities
construction contractors shall be
Department
required to develop and implement a
HMMSCP that includes project -
specific contingency plan for
hazardous materials and waste
operations. The HMMSCP shall
establish policies and procedures
consistent with applicable codes and
regulations, including but not limited
to the California Building and Fire
Codes, and federal and California
Occupational Safety and Health
Administration (OSHA). The
HMMSCP shall articulate hazardous
materials handling practices to
prevent their release into San Luis
Obispo Creek during construction of
the storm water outfall.
HAZ-1(b) Preparation of
Verify that a HMBP has
Prior to
Once.
City of San
Hazardous Materials Business
been prepared.
operation of
Luis Obispo
Plan. Prior to operation of the new
new facilities.
Utilities
facilities, a HMBP shall be prepared
Department
and implemented for the proposed
project. The HMBP shall include a
hazardous materials inventory, site
plan, an emergency response plan,
and requirements for employee
training. An existing HMBP can be
updated and resubmitted for the
expanded facilities.
R 10740
Resolution No. 10740 (2016 Series)
EXHIBIT A
ATTACHMENT 1
Page 32
Mitigation Measure/Condition of Action Required
Approval
Timing
Monitoring
Frequency
Responsible Agency or
Partv
W
Q
E
u
HAZ-3(a) Phase I Environmental Verify that a Phase I
Prior to start of
Once.
City of San
Site Assessment. Before ESA has been prepared
construction.
Luis Obispo
construction begins, the City of San for the southern end of
Utilities
Luis Obispo shall perform a Phase I the site if construction is
Department
Environmental Site Assessment planned in that area;
(ESA) to clarify the potential for soil verify recommendations
contamination due to the adjacent have been implemented.
open cleanup site. The
recommendations set forth in the
Phase I ESA shall be implemented
before construction begins. Follow-
up sampling may be conducted, if
needed, to characterize soil and
groundwater quality. Prior to
construction, contractors shall be
informed of the location of potential
areas of hazardous materials that
may be encountered during
construction, and shall ensure that
safety precautions are in place to
avoid or minimize exposure to
potentially contaminated soils, and
to reduce the potential for accidental
damage to underground storage
tanks that could cause accidental
release of hazardous materials into
the environment.
HAZ-3(b) Contaminated Soil Verify that a
Prior to start of
Once.
City of San
Contingency Plan. The City of San Contaminated Soil
construction.
Luis Obispo
Luis Obispo shall require its Contingency Plan has
Utilities
construction contractors to develop been prepared.
Department
and implement a Contaminated Soil
Contingency Plan to handle
treatment and/or disposal of
contaminated soils. If contaminated
soil is encountered during project
construction, work shall halt and an
assessment made to determine the
extent of contamination. Treatment
and/or disposal of contaminated soils
shall be conducted in accordance
with the Contingemy Plan.
R 10740
Resolution No. 10740 (2016 Series)
EXHIBIT A
ATTACHMENT 1
Page 33
Mitigation Measure/Condition of
g Monitoring
Approval Action Required Timing Frequency
Responsible
Agency or
Party
eE
;o
c
e
U
HAZ-5 Traffic Management Plan. Verify that a Traffic Prior to start of Once.
City of San
Prior to the start of construction, the Management Plan has construction.
Luis Obispo
City shall develop a Traffic been prepared.
Utilities
Management Plan, in coordination
Department
with City Transit, Public Works, and
other appropriate departments or
users of the site, that would include
industry, Caltrans, and City
standards for managing construction
traffic to and from the site. Measures
to manage construction traffic could
include warning signs, flag men, and
scheduling deliveries outside the
AM and PM peak hours. The Traffic
Management Plan shall include
measures that address how to
accommodate emergency evacuation
and response, if needed.
HAZ-6 Prevention of Fire Verify that standard fire Prior to Once.
City of San
Hazards. During construction of the prevention measures are issuance of
Luis Obispo
proposed project, staging areas, included as a note on all contractor's
Utilities
welding areas, or areas slated for contractor's specifications.
Department
construction shall be cleared of dried specifications. Periodically
vegetation or other material that Continuously during
could ignite. Construction equipment during grading grading and
that includes a spark arrestor shall be Field verify compliance. and construction.
equipped in good working order. In construction.
addition, construction crews shall
have a spotter during welding
activities to look out for potentially
dangerous situations, such as
accidental sparks. Other construction
equipment, including those with hot
vehicle catalytic converters, shall be
kept in good working order and used
only within cleared construction
zones. The creation and maintenance
of approved fire access to work areas
shall be required in accordance with
local Fire regulations. During
construction of the proposed project,
contractors shall require vehicles and
crews working at the project site to
have access to functional fire
extinguishers.
R 10740