HomeMy WebLinkAbout5/6/2019 Item 15, Codron
T 805.781.5912 F 805.781.1002 W slocleanair.org 3433 Roberto Court, San Luis Obispo, CA 93401
Via Email
May 3, 2019
Brian Leveille
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
bleveille@slocity.org
SUBJECT: APCD Comments Regarding the Mixed-Use Commercial / Assisted-Living
Center at NW Corner Broad & Tank Farm (EID-1484-2018)
Dear Mr. Leveille:
Thank you for including the San Luis Obispo County Air Pollution Control District (APCD) in
the environmental review process. We have completed our review of the proposed project
located at 3985 Broad Street in San Luis Obispo.
The proposed project includes a seven-lot subdivision on two parcels with a combined
area of approximately 10.07 acres. Lot 1 is 4.79 acres and would include an assisted living
facility with approximately 139 living units and administrative space totaling 133,656 ft2.
Lots 2-7 would comprise of a commercial shopping center on 5.28 acres. The proposed
retail shopping center consists of retail grocer space and additional buildings for
retail/restaurant use totaling 49,269 ft2. The two-parcel, 10+ acre property, contains a
single-family residence at 660 Tank Farm Road, while 3985 Broad Street is currently vacant.
The project is proposed for development in three main phases beginning with mass
grading and subsequent development of the assisted living project, followed by the retail
portion of the project.
The following are APCD comments that are pertinent to this project.
Mixed Use Support
APCD staff would like to commend the proponents for this project on their promotion of
mixed used development. When people can walk or bike to nearby stores, parks, bus
stops, park-n-ride lots, and work, traffic is reduced. This is consistent with several of the
APCD's land use goals and policies in the Clean Air Plan.
Infill within City Limits & Urban Reserve Lines
The APCD encourages balance of residential and commercial infill within the existing city
limits and the urban reserve lines, as this is consistent with the land use goals and policies
APCD Comments Regarding the Mixed-Use Commercial / Assisted-Living Center
May 3, 2019
Page 2 of 6
of the APCD’s Clean Air Plan. Increasing density can reduce emissions and vehicle miles traveled by
minimizing the number of trips and travel distances and encourages the use of alternative forms of
transportation. The APCD supports the project proponents on their use of infill development,
as it is consistent with the City’s 2014 Land Use and Circulation Element update, and the
elements of SLOCOG’s Regional Transportation Plan and Sustainable Comm unities’ Strategy.
GENERAL COMMENTS
As a commenting agency in the California Environmental Quality Act (CEQA) review process for a
project, the APCD assesses air pollution impacts from both the construction and operational phases
of a project, with separate significant thresholds for each. Please address the action items
contained in this letter that are highlighted by bold and underlined text.
CONSTRUCTION PHASE
Construction Phase Impacts - Exceeds Threshold
Based on the mitigated negative declaration emission estimates using the most recent CalEEMod
computer model, the unmitigated construction phase would exceed the APCD’s daily ozone
precursor threshold identified in Table 2-1 of the CEQA Air Quality Handbook (April 2012). The
mitigated negative declaration stated two construction mitigation measures in Section 3 – Air
Quality. These measures include the APCD’s language for standard control measures for
construction equipment (AQ-1) and best available control technology (AQ-2). These measures are
consistent with the APCD’s analysis of the proposed project and the APCD supports the
inclusion of these measures in the conditions of approval for the construction phase to
reduce the daily ozone precursor estimates to below the APCD significance threshold.
In addition to the above stated measures, the APCD is requiring other construction phase
mitigation measures and requirements below for this project.
Developmental Burning
APCD Rule 501 prohibits developmental burning of vegetative material within San Luis Obispo
County. If you have any questions regarding these requirements, contact the APCD Engineering &
Compliance Division at 805-781-5912.
Demolition Activities
Demolition activities can have potential negative air quality impacts, including issues surrounding
proper handling, abatement, and disposal of asbestos-containing material (ACM). ACM could be
encountered during the demolition or remodeling of existing structures. If this project will include
any of these activities, then it may be subject to various regulatory jurisdictions, including
the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants
(40CFR61, Subpart M - asbestos NESHAP). These requirements include but are not limited to:
▪ Written notification to the APCD, within at least 10 business days of activities commencing.
▪ Asbestos survey conducted by a Certified Asbestos Consultant.
▪ Applicable removal and disposal requirements of identified ACM.
Please contact the APCD Engineering & Compliance Division at 805-781-5912 or go to
slocleanair.org/rules-regulations/asbestos.php for further information. To obtain a Notification of
APCD Comments Regarding the Mixed-Use Commercial / Assisted-Living Center
May 3, 2019
Page 3 of 6
Demolition and Renovation Form go to the “Asbestos Forms” section of
slocleanair.org/library/download-forms.php.
Naturally Occurring Asbestos
Naturally occurring asbestos (NOA) has been identified by the Californi a Air Resources Board as a
toxic air contaminant. Serpentine and ultramafic rocks are very common throughout California and
may contain NOA. The APCD has identified areas throughout the county where NOA may be
present (NOA Map). The following requirements apply because the project site is in a candidate
area for NOA. The applicant shall ensure that a geologic evaluation is conducted to determine
if the area disturbed is exempt from the CARB Air Toxics Control Measure (ATCM) for
Construction, Grading, Quarrying, and Surface Mining Operations (17 CCR 93105) regulation.
An exemption request must be filed with the APCD. If the site is not exempt from the
requirements of the regulation, the applicant must comply with all requirements outlined in the
Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an
Asbestos Health and Safety Program for approval by the APCD. More information on NOA can be
found at slocleanair.org/rules-regulations/asbestos/noa.
Dust Control Measures
This project is greater than 4 acres and within 1,000 feet of sensitive receptors (residential units).
Construction activities can generate fugitive dust, which could be a nuisance to residents and
businesses in close proximity to the proposed construction site. Projects with grading areas that
are greater than 4-acres or are within 1,000 feet of any sensitive receptor shall implement the
following mitigation measures to manage fugitive dust emissions such that they do not
exceed the APCD’s 20% opacity limit (APCD Rule 401) or prompt nuisance violations (APCD
Rule 402):
a. Reduce the amount of the disturbed area where possible;
b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site and from exceeding the APCD’s limit of 20% opacity for greater than 3
minutes in any 60-minute period. Increased watering frequency would be required
whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used
whenever possible. When drought conditions exist and water use is a concern, the
contractor or builder should consider the use of an APCD-approved dust suppressant
where feasible to reduce the amount of water used for dust control. Please refer to the
following link from the San Joaquin Valley Air District for a list of potential dust suppressants:
Products Available for Controlling Dust;
c. All dirt stock pile areas should 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 should be implemented as soon as possible, following completion of any
soil disturbing activities;
e. Exposed ground areas that are planned to be reworked at dates greater than one month
after initial grading should be sown with a fast germinating, non-invasive grass seed and
watered until vegetation is established;
f. All disturbed soil areas not subject to revegetation should be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the APCD;
g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as
APCD Comments Regarding the Mixed-Use Commercial / Assisted-Living Center
May 3, 2019
Page 4 of 6
possible. In addition, building pads should 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 mph on any unpaved surface
at the construction site;
i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should
maintain at least two feet of freeboard (minimum vertical distance between top of load and
top of trailer) in accordance with California Vehicle Code (CVC) Section 23114;
j. “Track-Out” is defined as sand or soil that adheres to and/or agglomerates on the exterior
surfaces of motor vehicles and/or equipment (including tires) that may then fall onto any
highway or street as described in CVC Section 23113 and California Water Code 13304. To
prevent ‘track out’, designate access points and require all employees, subcontractors, and
others to use them. Install and operate a ‘track -out prevention device’ where vehicles enter
and exit unpaved roads onto paved streets. The ‘track -out prevention device’ can be any
device or combination of devices that are effective at preventing track out, located at the
point of intersection of an unpaved area and a paved road. Rumble strips or steel plate
devices need periodic cleaning to be effective. If paved roadways accumulate tracked out
soils, the track-out prevention device may need to be modified;
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;
l. All PM10 mitigation measures required should be shown on grading and building plans; and
m. The contractor or builder shall designate a person or persons whose responsibility is to
ensure any fugitive dust emissions do not result in a nuisance and to enhance the
implementation of the mitigation measures as necessary to minimize dust complaints and
reduce visible emissions below the APCD’s limit of 20% opacity for greater than 3 minutes in
any 60-minute period. Their duties shall include holidays and weekend periods when work
may not be in progress (for example, wind-blown dust could be generated on an open dirt
lot). The name and telephone number of such persons shall be provided to the APCD
Compliance Division prior to the start of any grading, earthwork or demolition (Contact Tim
Fuhs at 805-781-5912).
Construction Permit Requirements
Portable equipment, 50 horsepower (hp) or greater, used during construction activities may require
California statewide portable equipment registration (issued by the California Air Resources Board)
or an APCD permit.
The following list is provided as a guide to equipment and operations that may have permitting
requirements but should not be viewed as exclusive. For a more detailed listing, refer to the
Technical Appendices, page 4-4, in the APCD's CEQA Air Quality Handbook (April 2012).
▪ Portable generators and equipment with engines that are 50 hp or greater;
▪ Electrical generation plants or the use of standby generators;
▪ Internal combustion engines;
To minimize potential delays, prior to the start of the project, please contact the APCD
Engineering & Compliance Division at 805-781-5912 for specific information regarding
permitting requirements.
APCD Comments Regarding the Mixed-Use Commercial / Assisted-Living Center
May 3, 2019
Page 5 of 6
OPERATIONAL PHASE
Operational Phase Impacts - Below Threshold
Based on the mitigated negative declaration operational phase emission estimates using the most
recent CalEEMod computer model, the operational phase would likely be less than the APCD’s
significance threshold values identified in Table 3-2 of the CEQA Air Quality Handbook (April 2012).
The APCD acknowledges the Rincon Consultant, Inc. approach for addressing SB 32 consistency.
Therefore, with the exception of the requirements below, the APCD is not requiring other
operational phase mitigation measures for this project.
Limits of Idling during Operational Phase
The Conceptual Site Plan, in attachment two of the mitigated negative declaration, positions the
truck loading dock for the anchor grocery store within 1,000 feet of the assisted care facility. Idling
diesel engines creates toxic air pollution and may be a public health risk. To help reduce the
emissions impact of diesel vehicles that will access the facility, the applicant shall implement
Section 2485 of Title 13 of the California Code of Regulations. The specific requirements and
exceptions for the on-road regulation can be reviewed at the following web sites:
arb.ca.gov/msprog/truck-idling/factsheet.pdf.
In addition, because the truck loading dock portion of the project is within 1,000 feet of sensitive
receptors (assisted care facility), the applicant shall comply with these more restrictive
requirements to minimize impacts to nearby sensitive receptors.
▪ Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;
▪ Diesel idling within 1,000 feet of sensitive receptors shall not be permitted;
▪ Use of alternative fueled equipment and electrification of loading docks (e.g., electrical plug -
ins for truck refrigeration units and electrification of loading equipment) is recommended;
and
▪ Signs that specify the no idling areas must be posted and enforced at the site.
Residential Wood Combustion
Under APCD Rule 504, only APCD approved wood burning devices can be installed in new
dwelling units. These devices include:
▪ All EPA-Certified Phase II wood burning devices;
▪ Catalytic wood burning devices which emit less than or equal to 4.1 grams per hour of
particulate matter which are not EPA-Certified but have been verified by a nationally-
recognized testing lab;
▪ Non-catalytic wood burning devices which emit less than or equal to 7.5 grams per hour of
particulate matter which are not EPA-Certified but have been verified by a nationally-
recognized testing lab;
▪ Pellet-fueled woodheaters; and
▪ Dedicated gas-fired fireplaces.
If you have any questions about approved wood burning devices, please contact the APCD
Engineering and Compliance Division at 805-781-5912.
APCD Comments Regarding the Mixed-Use Commercial / Assisted-Living Center
May 3, 2019
Page 6 of 6
Operational Permit Requirements
Based on the information provided, we are unsure of the types of equipment that may be present at
the site. Operational sources may require APCD permits. The following list is provided as a guide to
equipment and operations that may have permitting requirements and should not be viewed as
exclusive. For a more detailed listing, refer to the Technical Appendix, page 4 -4, in the APCD's CEQA
Air Quality Handbook (April 2012).
▪ Portable generators and equipment with engines that are 50 hp or greater;
▪ Food and beverage preparation (primarily coffee roasters);
▪ Furniture and fixture products; and
▪ Dry cleaning.
Most facilities applying for an Authority to Construct or Permit to Operate with stationary diesel
engines greater than 50 hp, should be prioritized or screened for facility wide health risk impacts. A
diesel engine-only facility limited to 20 non-emergency operating hours per year or that has
demonstrated to have overall diesel particulate emissions less than or equal to 2 lb/yr does not
need to do additional health risk assessment. To minimize potential delays, prior to the start of
the project, please contact the APCD Engineering & Compliance Division at 805-781-5912 for
specific information regarding permitting requirements.
Again, thank you for the opportunity to comment on this proposal. If you have any questions or
comments, feel free to contact me at (805) 781-5912.
Sincerely,
JACKIE MANSOOR
Air Quality Specialist
JNM/jjh
cc: C.M. Florence, Agent
Dora Drexler, APCD
Tim Fuhs, APCD
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