HomeMy WebLinkAboutR-11031 approving an offsite mitigation agreement with The Land ConservancyRESOLUTION NO. 11031 (2019 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING AN OFFSITE MITIGATION
AGREEMENT WITH THE LAND CONSERVANCY OF SAN LUIS
OBISPO COUNTY
WHEREAS, the Los Osos Valley Road and US -101 Interchange Improvement Project
was implemented to relieve traffic congestion and increase the safety of drivers, cyclists, and
pedestrians by increasing the number of traffic lanes, and improving bike lanes and pedestrian
walkways on Los Osos Valley Road was completed in 2016, and
WHEREAS, the Los Osos Valley Road and US -101 Interchange Improvement Project
resulted in biological impacts that were identified and addressed in the Final Environmental
Document for the project. Some of these impacts the mitigation requirements for the project
need to be met at an offsite location, including installation of native riparian trees, replacement of
lost functional wetland habitat, and securing protective land tenure for the mitigation site in
perpetuity; and
WHEREAS, The Land Conservancy of San Luis Obispo County (LCSLO) is currently in
escrow to acquire a 40 -acre parcel that will complete their Lower SLO Creek Floodplain
Preserve, and also owns an adjacent property with wetland habitat features that have recently
been enhanced through a separate mitigation project relationship with the County of San Luis
Obispo, and collectively, these two sites have the necessary characteristics to support the City of
San Luis Obispo's offsite mitigation requirements, and
WHEREAS, The City of San Luis Obispo and LCSLO desire to partner together to
conduct the required mitigation activities, and
WHEREAS, an Offsite Mitigation Agreement has been prepared to effectuate the
completion of the City's mitigation requirements and to set forth a contractual understanding and
relationship between the two parties.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council hereby finds and declares that the City's implementation
of offsite mitigation requirements for the Los Osos Valley Road and US -101 Interchange
Improvement Project is in the public's interest to protect the health, safety and welfare of its
citizens and the natural environment, as well as to responsibly and lawfully carry out its
mitigation requirements to replace or restore habitat functions and values that were lost or
impacted by the Los Osos Valley Road and US -101 Interchange Improvement Project.
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Resolution No. 11031 (2019 Series)
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SECTION 2. Offsite Mitigation Agreement. The City Council hereby appropriates
$260,000, approves the Offsite Mitigation Agreement and authorizes the Mayor to sign the
Offsite Mitigation Agreement, an official copy of which shall be kept on record with the City
Clerk, based on the following findings:
a) The Offsite Mitigation Agreement and mitigation activities described therein are
consistent with General Plan policies, including Conservation and Open Space
Element Policy 8.6.3 that states:
"Loss or harm shall be mitigated to the maximum extent feasible. Mitigation must at
least comply with Federal and State requirements. Mitigation shall be implemented
and monitored in compliance with State and Federal requirements, by qualified
professionals, and shall be funded by the project applicant.
A. For natural habitat that is relatively limited in extent (such as riparian or wetland
habitat) mitigation shall consist of creating twice the area of habitat lost, of equal
quality, in the following order ofpreference:
1) The same kind on the same site.
2) The same kind on a different site (the site shall be within the San Luis Obispo
planning area).
B. Habitat created as mitigation should be located and designed to minimize the
need for long-term artificial support (such as supplying wetlands from a well
requiring energy and maintenance).
F. The City may establish or participate in a "mitigation bank, " through which
resources are protected in a consolidated location ahead of the need to mitigate
impacts of individual, small projects. The City will work with other agencies to
assure successful operation of any mitigation bank that is established. "
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Resolution No. 11031 (2019 Series)
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b) The Offsite Mitigation Agreement is consistent with the requirements of the
California Environmental Quality Act. The State of California Department of
Transportation (CalTrans) was the lead agency for the LOVR/US-101 Interchange
Improvements Project and certified the Final Environmental Document for the project
on August 16, 2011 (SCH # 2008061098). The Final Environmental Document
specifically describes the possibility of conducting offsite mitigation at LCSLO's
Lower SLO Creek Floodplain Preserve.
Upon motion of Council Member Christianson, seconded by Vice Mayor Pease, and on the
following roll call vote:
AYES: Council Members Christianson, Gomez, and Stewart,
Vice Mayor Pease and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 16th day of July 2019,x.
Mayor Heidi Harmon
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ATTEST:
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Teresa Purrington
City Clerk
APPROVED AS TO FORM:
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 2q "14 day of LTJ vi ,2,019
Teresa Purrington
City Clerk
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