HomeMy WebLinkAboutr 10557 Final Eir Chevron Tank Farm Remediation and Dev project RESOLUTION NO. 10669 (2014 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO,
CALIFORNIA, APPROVING A JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE SAN LUIS 0131S130 PUBLIC FINANCING AUTHORITY, AND
AUTHORIZING CERTAIN OTHER RELATED ACTIONS
WHEREAS, the Joint Exercise of Powers Act (Government Code section 6500 and
following) (the "Act') authorizes two or more public agencies to enter into an agreement to
jointly exercise any power common to them. The Act also authorizes the public agencies to
provide in the agreement for the creation of a separate joint-powers authority that has the power
to exercise any powers common to the agencies as specified in the agreement and to exercise the
additional powers granted to thejoint-powers authority by the Act or other applicable law; and
WHEREAS, The City and the Parking Authority of the City of San Luis Obispo are
public agencies under the Act, and they desire to create a joint-powers authority, to be known as
the San Luis Obispo Public Financing Authority (the "Financing Authority'), for the purposes of
assisting any member agency of the Financing Authority (each a "Member`) with the following:
acquiring, constructing, improving, rehabilitating, or financing capital improvements or other
assets; financing working capital and addressing other cash flow needs; refinancing any
outstanding obligations; and making loans to or otherwise assisting with financings for entities
(public or private) that are not Members but are either controlled by a Member or determined by
a Member to be of benefit to the Member: and
WHEREAS, the City desires to enter into a joint-exercise-of-powers agreement that is
substantially in the form on file with the City Clerk, a copy of which is attached to this resolution
(the "Agreement'), for the purposes set forth in the Agreement and described above and to
exercise the powers provided in the Agreement and under the Act and other applicable law. -
NOW, THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo, as follows:
SECTION I. The statements in paragraphs A. B; and C of the Background are true.
SECTION 2. The proposed form of the Agreement on file with the City Clerk is hereby
approved. The Mayor, Vice Mayor, the City Manager, and the City Finance Director. or the
designee of any of them (each an "Authorized Officer'), are each hereby authorized and directed,
on the City's behalf, to sign and deliver the Agreement, which must be substantially in the form
on file with the City Clerk, with such changes as the signing Authorized Officer may require or
approve with the concurrence of the City Attorney or his or her designee, such approval to be
conclusively evidenced by the execution and delivery of the Agreement.
SECTION 3. The City Clerk or his or her designee is hereby authorized to attest the
signature of the Authorized Officer .who signs the Agreement.
Each Authorized Officer acting alone is hereby authorized and directed to do any and all
things and to sign and deliver any documents they deem necessary or desirable to implement the
Agreement and otherwise carry out, give effect to, and comply with this resolution; and all such
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actions previously taken by an Authorized Officer are hereby ratified. This resolution takes effect
when adopted.
Upon motion of Mayor Mars; seconded by Council Member Ashbaugh. and on the
following roll call vote:
AYES: Council Members Ashbaugh and Carpenter. Vice Mayor Christianson and
Mayor Mars
NOES: Council Member Smith
ABSENT: None
The foregoing resolution was adopted this 2nd day of September 2014.
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Resolution No. 10559 (2014 Series)
Page 3 EXHIBIT A
JOINT EXERCISE OF POWERS AGREEMENT
between the
I
CITY OF SAN LUIS OBISPO
and the
PARKING AUTHORITY OF THE CITY OF SAN LUIS OBISPO
creating the
SAN LUIS OBISPO PUBLIC FINANCING AUTHORITY
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Page 4 EXHIBIT A
JOINT EXERCISE OF POWERS AGREEMENT
This Joint Exercise of Powers Agreement is between the CITY OF SAN LUIS OBISPO, a
California municipal corporation (the "City"): and the PARKING AUTHORITY OF THE CITY
OF SAN LUIS OBISPO, a public body corporate and politic organized and existing under and
by virtue of the laws of the State of California (the "Parking Authority"). The City, the Parking
Authority, and any other public agency added to this Agreement under Section 17 are
individually referred to as a "i ember" and are collectively referred to as the "Members."
Capitalized terms used in this agreement have the meanings given them in Section 2 unless
otherwise defined.
Background
Under the Act, two or more public agencies may by agreement jointly exercise any power
common to them. Each Member is a "public agency" as that term is defined in section 6500 of
the Act, and each is empowered by law to issue debt and to acquire and dispose of real property.
The Act authorizes the Members to create a joint-powers authority with the authority to
exercise any powers common to the Members and to exercise the additional powers granted to it
by the Act or other applicable law. By this Agreement, each Member desires to create and
establish the San Luis Obispo Public Financing Authority for the purposes set forth below and to
exercise the powers provided below.
lVith these background facts in mint/, the Members agree as follolvs:
1. Purpose. This Agreement is made pursuant to the Act relating to the joint exercise of
powers common to public agencies. Each Member possesses the common power referred
to in the Background above. This Agreement is entered into by each Member in order to
provide for the exercise by the Authority of such common powers and to provide for the
exercise of all additional powers given to a joint-powers authority under the Act, the
Marks-Roos Act, or any other applicable law for purposes of assisting any Member in
acquiring, constructing, improving, rehabilitating, or financing capital improvements or
other assets; financing working capital and addressing other cash-(low needs; refinancing
any outstanding obligations; and making loans to or otherwise assisting with financings for
entities (public or private) that are not Members but are either controlled by a Member or
determined by a Member to be of benefit to the Member.
2. Definitions.
(a) "Act' means the Joint Exercise of Powers Act (California Government Code section
6500 and following), as amended from time to time.
(b) "Agreement' means this Joint Exercise of Powers Agreement as it may, from time
to time, be amended.
(c) "Authority" means the San Luis Obispo Public Financing Authority created by this
Agreement.
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(d) "Board" means the board of directors that serves as the governing body of the
Authority.
(e) "Bonds" has the meaning given to such term in the Marks-Roos Act.
(f) "Effective Date" means the date identified in Section 21 below.
(g) "Marks-Roos Act" means the Marks-Roos Local Bond Pooling Act of 1985
(California Government Code section 6584 and following), as amended from time to
time.
3. Term. This Agreement is effective as of the Effective Date and will continue in full force
and effect for 50 years after the Effective Date or until it is terminated in writing by all the
Members, subject to the following: in no event will this Agreement terminate while any
Bonds or other obligations of the Authority remain outstanding under the terms of any
indenture, trust agreement, contract, agreement, lease. sublease, or other instrument by
which the Bonds are issued or other obligations are incurred. The Authority shall cause all
records regarding its formation, existence, any Bonds issued by it, obligations incurred by
it, and proceedings pertaining to its termination to be retained for at least six years
following termination of the Authority or final payment of any Bonds issued by the
Authority, whichever is later.
4. Authority
(a) Creation of Authority. As authorized by the Act, there is hereby created an agency
and public entity to be known as the San Luis Obispo Public Financing Authority,
which is a public entity separate and apart from the Members. The debts, liabilities,
and obligations of the Authority will not constitute debts, liabilities, or obligations of
the Members, individually or collectively.
(1) Within 30 days after the Effective Date or the date of any amendment to this
Agreement, the Authority shall cause a notice of this Agreement or amendment
to be prepared and filed with the office of the California Secretary of State in
the manner set forth in section 6503.5 of the Act.
(2) Within 70 days after the Effective Date, and within 10 days after any change of
facts required by section 53051(b) of the California Government Code to be
stated, the Authority shall cause a notice to be prepared and filed with the
office of the California Secretary of State and with the County Clerk of each
county in which the Authority maintains an office, in the manner set forth in
section 53051 of the California Government Code.
(b) Board. The Authority will be administered by the board of directors consisting of
the members of the San Luis Obispo City Council. The term of office of a director is
equivalent to the director's term of office on the San Luis Obispo City Council.
Directors are not entitled to any compensation for serving on the Board but are
entitled to reimbursement for any expenses actually incurred in connection with that
service if the Board approves reimbursement and unencumbered funds are
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appropriated for that purpose.
(c) Meetings of the Board
(1) Legal Notice. The Board shall call, notice, hold, and conduct its meetings
subject to the Ralph M. Brown Act (California Government Code sections
54950 through 54962) or any successor legislation (the "Brown Act').
(2) Regular Meetings. The Board shall hold its regular meetings concurrently with
the regular meetings of the San Luis Obispo City Council unless the Board
provides by resolution for the holding of regular meetings upon a different
schedule. To the extent permitted by the Brown Act, the Board's regular
meetings may be held by teleconference.
(3) Special Meetings. The Board may call special meetings as authorized by
section 54956 of the California Govertument Code. To the extent permitted by
the Brown Act, the Board's special meetings may be held by teleconference.
(4) Minutes. The Secretary of the Authority shall cause minutes of all meetings of
the Board to be kept and shall cause a copy of the minutes to be forwarded to
each member of the Board and to the Members as soon as possible after each
meeting.
(5) Quorum. A majority of the members of the Board constitutes a quorum for the
transaction of business, except that less than a quorum may adjourn meetings
from time to time.
(6) Bylaws. The Board may adopt such bylaws, rules, and regulations as are
necessary for the purposes of this Agreement.
(d) Officers and their Duties
(1) The following City officers will serve es officio as the officers of the
Authority:
City Officer Ex Officio Authority Officer
Mayor . . . . . . . Chair
Vice Mayor . . . . . Vice Chair
City Clerk . . . . . . Secretary
City Treasurer . . . . Treasurer
Director of Finance . . . Controller
(2) Subject to the applicable provisions of any indenture; trust agreement, or
resolution providing for a trustee or other fiscal agent, and except as may
otherwise be specified by resolution of the Authority, the Treasurer is hereby
designated as the depositary of the Authority to have custody of all the money
of the Authority, from whatever source, and has the powers, duties, and
responsibilities of the treasurer of the Authority specified in sections 6505.5
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and 65095 of the Act. The Treasurer shall draw checks to pay demands
against the Authority when the demands have been approved by the Board.
(3) Subject to the applicable provisions of any indenture, trust agreement, or
resolution providing for a trustee or other fiscal agent, and except as may
otherwise be specified by resolution of the Authority. the Controller is
designated as the auditor and controller of the Authority and has the powers,
duties, and responsibilities of the auditor or controller of the Authority
specified in sections 6505 and 65055 of the Act.
(4) The Board shall determine the charges to be made against the Authority for the
services of the Treasurer and the Controller.
(5) The Treasurer is hereby designated as the public officer or person who has
charge of. handles, or has access to any property of the Authority, and the
Treasurer shall file an official bond in the amount of $25,000 as required by
section 6505.1 of the Act, except as follows: a bond is not required if the
Authority does not possess or own property or funds with an aggregate value
of greater than $500 (excluding amounts held by a trustee or other fiduciary in
connection with any Bonds).
(6) The Controller is hereby authorized and directed to prepare or cause to be
prepared a special audit as required by section 6505 of the Act every year
during the term of this Agreement unless the Board elects otherwise in
accordance with the Act. The Controller is hereby directed to report in .writing
on the first day of July, October, January, and April of each year to the Board
and the Members. The report must describe the amount of money held by the
Treasurer for the Authority, the amount of receipts since the last such report,
and the amount paid out since the last report (which may exclude amounts held
by a trustee or other fiduciary in connection with any Bonds to the extent that
such trustee or other fiduciary provides regular reports covering such
amounts).
(7) The San Luis Obispo City Attorney shall serve as Legal Counsel to the
Authority. The City Attorney shall receive no additional compensation beyond
that provided by the City of San Luis Obispo pursuant to contract between the
City Attorney and the City.
California Rules of Professional Conduct, Rule 3-310 (C)(1) and (C)(2)
proscribe that "[a] member shall not, without the informed written consent of
each client...[a]ccept representation of more than one client in a matter in
which the interests of the clients potentially conflict...[or] accept or continue
representation of more than one client in the same matter in which the interests
of the client actually conflict."
While the parties hereto and the City Attorney believe the interests of the
parties to be aligned in forming the Authority and facilitating the financing of
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municipal projects, as deemed appropriate by the City Council and the
Authority; the parties acknowledge that disagreements regarding rights and
obligations of the respective parties can arise between separate legal entities in
the implementation of the objectives of the Agreement and/or in the course of
individual transactions pursuant hereto. The Parties further understand and
acknowledge that that the City Attorney's joint representation of the Parties
means that there is not an individual attorney-client privilege within the joint
client relationship and the City Attorney will disclose to all joint clients
significant developments and information in the representation. With the
foregoing understandings and acknowledgements. the Parties hereby accept
and consent to the City Attorneys joint representation of the parties. In the
event that any actual dispute or conflict should arise between the Parties. the
Parties further agree that the City Attorney shall withdraw from the
representation of the Authority and that the Parties agree and consent to the
City Attorney's continued representation of the City of San Luis Obispo and its
Council.
(8) The Board is authorized to appoint such other officers and employees as it
deems necessary and to retain special counsel, consultants, administrators; and
accountants.
(9) All of the privileges and immunities from liability; all exemptions from laws.
ordinances, and rules; and all pension; relief. disability, workers'
compensation, and other benefits that apply to the activities of officers; agents,
or employees of the Members when performing their functions within the
territorial limits of the respective Members will apply to them to the same
degree and extent while they are performing any of their functions and duties
extraterritorially under this Agreement.
(10) A person directly employed by the Authority will not be deemed because of
that employment to be employed by any Member or to be subject to any
requirements of any Member.
(11) The Members hereby confirm that, as provided in the Act and in Section 4(a)
of this Agreement, the debts, liabilities; and obligations of the Authority will
not constitute debts, liabilities; or obligations of the Members. and the
Members do not intend by paragraphs (A), (B), and (C) of this section to
impair this provision.
(A) The Members are jointly and severally liable upon any liability imposed
for injury caused by a negligent or wrongful act or omission occurring in
the performance of this Agreement, as provided in section 895.2 of the
California Government Code.
(B) The Members may agree to provide for contribution or indemnification
by any of the Members upon any liability arising out of the performance
of this Agreement.
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(C) Unless the Members agree otherwise, each party has a right to
contribution, as provided in section 895.6 of the California Government
Code, from any of the other Members.
5. Authority Powers.
(a) The Authority has the power, in its own name, to exercise the common powers of the
Members described above in Section 1 and to exercise all additional powers given to
ajoint-powers authority by the Act, the Marks-Roos Act, or any other applicable law
for any purpose authorized under this Agreement. Without limiting the generality of
the preceding sentence, the Authority has the power to make and enter into contracts;
to employ agents and employees; to acquire, construct; manage, maintain, or operate
any building, works, or improvements; to acquire, hold, or dispose of property; to
incur debts, liabilities, or obligations; and to sue and be sued in its own name.
(b) The Authority is authorized, in its own name, to do all acts necessary for the exercise
of its powers for its authorized purposes.
(c) The Authority's exercise of its powers is subject only to the restrictions upon the
manner of exercising those powers that are imposed upon the City in the exercise of
its similar powers, as provided in section 6509 of the Act, except that nothing in this
Agreement limits the powers of the Authority under the Marks-Roos Act or other
applicable law.
(d) Not-withstanding the foregoing, the Authority has any additional powers conferred
tinder the Act, the Marks-Roos Act, or other applicable law insofar as the additional
powers may be necessary to accomplish the purposes set forth above in Section 1.
6. "Termination of Powers. The Authority will continue to exercise the powers conferred
upon it until this Agreement is terminated under Section 3 above.
7. Fiscal Year. Unless changed by resolution of the Board, the fiscal year of the Authority is
the period from July 1 of each year to and including the following June 30, except for the
first fiscal year, which is the period from the Effective Date to the following June 30.
8. Disposition of Assets. After termination of this Agreement, any surplus money in
possession of the Authority or on deposit in any fund or account of the Authority must be
returned in proportion to any contributions made, as required by section 6512 of the Act,
and all property of the Authority, both real and personal, is to be divided among the
Members in the manner determined by the Board. The Board is vested with all powers of
the Authority for the purpose of concluding and dissolving the business affairs of the
Authority.
9. Contributions and Advances. The Members may contribute or advance public funds and
personnel, equipment, and property to the Authority for any of the purposes of this
Agreement. Payment of public funds may be made to defray the cost of any such
purposes. Any advance must be made subject to repayment, and must be repaid, in the
manner agreed upon by the contributing Member and the Authority at the time of the
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advance. No Member is obligated to make contributions Or advances to the Authority for
the costs and expenses of administration of the Authority, even though any Member may
do so. The Members may allow the use of personnel, equipment. or other items in lieu of
other contributions or advances to the Authority.
10. Agreement Not Exclusive. This Agreement is not exclusive and does not amend Or alter
the terms of other agreements between the Members, except as follows: if a conflict exists
between this Agreement and any other agreement between the Members, then this
Agreement will control.
11. Accounts and Reports. The Authority shall establish and maintain funds and accounts as
required by good accounting practice and shall strictly account for all funds and reports of
all receipts and disbursements. The books and records of the Authority will be open to
inspection at all reasonable times by the Members and their representatives.
12. Conflict of Interest Code. The Authority shall adopt a Conflict of Interest Code as
required by law.
13. Breach. If a Member defaults On any covenant in this Agreement, then the default will not
excuse the Member from fulfilling its obligations under this Agreement, and the Members
will continue to be liable for the performance of all conditions in this Agreement. The
Members hereby declare that this Agreement is entered into for the benefit of the Authority
created hereby, and the Members hereby grant to the Authority the right to enforce, by
whatever lawful means the Board deems appropriate, all of the obligations of each of the
Members under this Agreement. Each of the remedies given to the Authority by this
Agreement or by any law in effect On or after the Effective Date are cumulative, and the
exercise of one right or remedy will not impair the right of the Authority to any other
remedies. This Agreement does not create any indebtedness of any Member, and neither
the tax revenues nor the faith and credit of any Member are pledged or encumbered by this
Agreement.
14. Successors and Assignment. This Agreement binds and inures to the benefit of the
successors of' the Members. Except to the extent expressly provided herein, a Member
may not assign any right or obligation under this Agreement without the consent of the
other Members
15. Amendments. This Agreement may be amended only by another written agreement
executed by the Members; subject to the following: the Members may terminate this
Agreement only in accordance with Section 3 above.
16. Form of Approvals. Unless the context specifies otherwise, if this Agreement requires an
approval, then, in the case of a Member; approval must be given by a resolution duly and
regularly adopted by the governing body of the Member, and, in the case of the Authority.
approval must be given by a resolution duly and regularly adopted by the Board.
Whenever in this Agreement any consent or approval is required, the consent or approval
may not be unreasonably withheld or conditioned.
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17. Withdrawal and Addition of tNlembers. A Member may withdraw from this Agreement
by giving written notice to the Board, but a withdrawal will not result in dissolution of the
Authority while any Bonds or other obligations of the Authority remain outstanding under
the terns of any indenture, trust agreement, contract, agreement; lease, sublease, or other
instrument by which the Bonds are issued or other obligations are incurred. Any
withdrawal will be effective only when the Board receives written notice of the
withdrawal, and the Board shall acknowledge receipt of the notice in writing and file the
notice as an amendment to this Agreement effective upon filing with the California
Secretary of State in accordance with Section 4 above. Additional public agencies may be
added to this Agreement and become Members, subject to the terms and conditions
imposed by the then-existing Members, upon both of the following: the filing by the public
agency of an executed counterpart of this Agreement, together with a certified copy of the
resolution of the public agency's governing body approving this Agreement and the
execution and delivery of it: and the adoption of a resolution of the Board approving the
addition of the public agency as a Member. Upon satisfaction of these conditions, the
Board shall file the executed counterpart as an amendment to this Agreement, effective
upon filing with the office of the California Secretary of State in accordance with Section 4
above.
18. Waiver of Personal Liability. No member, officer, or employee of the Authority or of any
Member will be individually or personally liable for any claims, losses, damages, costs,
injury, and liability of any kind, nature, and description arising from the actions of the
Authority or the actions undertaken under this Agreement To the full extent permitted by
law, the Board shall provide for indemnification by the Authority of any person who is or
was a director on the Board or an officer, employee, or other agent of the Authority, and
who was or is a party or is threatened to be made a party to a proceeding by reason of the
fact that such person is or was such a director on the Board or an officer, employee, or
other agent of the Authority, against expenses, judgments, fines, settlements, and other
amounts actually and reasonably incurred in connection with the proceeding, if the person
acted in good faith and in the course and scope of his or her office, employment, or agency.
In the case of a criminal proceeding, the Board may provide for indemnification and
defense of a director on the Board or an officer, employee, or other agent of the Authority
to the extent permitted by law.
19. Section Headings. All section headings are for convenience of reference only and are not
intended to define or limit the scope of any provision of this Agreement.
20. Counterparts. The Members may execute this Agreement in any number of counterparts,
each of which will be considered an original, but all of which will together constitute the
same Agreement.
21. Effective Date. This Agreement becomes effective on the day immediately before the day
on which the notice of this Agreement is filed with the California Secretary of State.
22. Severability. If any court determines that any part, term, or provision of this Agreement is
illegal or in conflict with any law of the State of California, or if any par, term or
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provision of this Agreement is otherwise rendered unenforceable or ineffectual, then the
validity of the remaining parts; terms or provisions of this Agreement will not be affected.
23. Entire Agreement. This Agreement sets forth the Members' entire understanding
regarding the matters set forth above and is intended to be their final, complete; and
exclusive expression of those matters.
(Signature Page Follows)
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City of San Luis Obispo Parking Authority of the City of San Luis
Obispo
By: By:
Jan Marx Jan Marx
Mayor Chai�rson q
Date: . 2014 Date: L( 2014
Attest
San Luis Obispo City Clerk
By:
Anthony J. Mejia, MMC
Approved as to Form
San Luis Obispo City Atto v
1
By:
J. ristine Dietrick
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RESOLUTION NO. 10557 (2014 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, CERTIFYING THE FINAL EIR FOR THE
CHEVRON TANK FARM REMEDIATION AND DEVELOPMENT
PROJECT (APPLICATION # ER 92-08)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on May 28, 2014, for the purpose of considering the Final EIR for the Chevron Tank
Farm Remediation and Development project; and
WHEREAS, said public hearing was for the purpose of formulating and forwarding a
recommendation to the City Council of the City of San Luis Obispo regarding the Final EIR for
Chevron Remediation and Development Project; and
WHEREAS, the Planning Commission recommended the City Council certify the Final
EIR which includes the mitigation monitoring program and findings of overriding considerations
prepared for the project; and
WHEREAS, the City Council conducted a public hearing in the Council Chamber of
City Hall, 990 Palm Street, San Luis Obispo, California, on September 2, 2014, for the purpose
of considering the Final EIR for the Chevron Tank Farm Remediation and Development project;
and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff and the
Planning Commission, presented at said hearing.
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION I. Findings. Based upon all the evidence, the City Council makes the
following findings in addition to the CEQA findings detailed in Exhibit A:
Findings
1. The Final EIR was prepared in compliance with the California Environmental Quality
Act (CEQA) and was considered by the City prior to any approvals of the project.
2. The Final EIR reflects the independent judgment of the City.
3. For each significant effect identified in the EIR under the categories of Air Quality,
Biological Resources, Transportation and Circulation, Geological and Soil Resources,
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Noise and Vibration, Aesthetics and Visual Resources, Hazards and Hazardous Materials,
and Public Services and Utilities, the approved mitigation measures contained in the EIR
will avoid or substantially lessen the identified adverse environmental impacts of the
project to a level of insignificance and have been incorporated into the project.
4. The significant effects identified in the Air Quality and Cumulative Transportation
sections of the EIR will not be fully mitigated to a degree of insignificance with the
incorporation of all the identified mitigation measures included in the EIR. However, the
Planning Commission finds that the adverse environmental effects are acceptable and
makes a statement of overriding considerations for those significant and unavoidable
environmental impacts because:
a. Mitigation strategies are identified in the Final EIR help to reduce project
emissions and ultimately put the air basin in closer compliance with established
State and federal standards and a similar amount of commercial development was
contemplated in the previous version of the Airport Area Specific Plan and its
accompanying FEIR.
b. Significant changes to air quality and area wide transportation are inherent to the
project due to the potential scale of the proposed development area when
combined with Cumulative development elsewhere in the City and cannot be
reduced by altering the design or location of the project.
c. The Cumulative impacts addressed in the FEIR include mitigation measures
designed to improve vehicular, bicycle and pedestrian circulation at many
locations in the area that are already reaching maximum levels of service under
current conditions.
d. The amount of land proposed for permanent open space dedication combined with
a restoration plan to enhance the open space provides positive environmental
enhancements that will help to offset the potential significant impacts of the
proposed project.
e. The proposed project will provide for necessary bicycle connections in the form
of class I pathways linking the Damon Garcia Sportsfields to Tank Farm Road
and other properties, linking Tank Farm Road to Prado Road, and linking Tank
Farm Road to the Avila Ranch property. These bicycle connections will
encourage alternative forms of transportation thereby offsetting potential
significant traffic and circulation impacts as well as air quality impacts.
C The proposed project will relocate proposed commercial areas away from
sensitive biological habitat areas while facilitating remediation and restoration of
the former tank faun property thereby enhancing the biological functions of the
property.
g. The proposed project will relocate proposed commercial areas and land uses away
from potential airport hazards while clearly identifying airport open space zones,
runway protection zones while improving physical features to enhance airport
Resolution No. 10557 (2014 Series)
Page 3
safety thereby reducing potential hazards.
h. The project will provide expansion space for existing businesses and opportunities
for new businesses to locate in the City by creating new business park and service
commercial space which will further the General Plan Land Use Element goals
and which will provide additional sales tax revenues for the City that the City can
use to provide services to the community.
i. The project will provide for a significant expansion to the City's open space
reserve, with the intent of securing open space for recreational uses, habitat
restoration, and viewshed preservation on land that is contiguous to other such
open space areas.
j. The project will help finance improvements to key circulation features including
the widening of Tank Farm Road, aesthetic improvements to the Tank Farm
corridor, the incorporation of important bicycle and pedestrian linkages, the
connection of Tank Farm Road to the future extension of Prado Road and the re-
alignment of Santa Fe Road south to correct hazardous road features.
SECTION 2. Action. The City Council hereby certifies the Final EIR for the Chevron
Remediation and Development project with findings and mitigation measures as described in
attached Exhibit A and subject to the following condition:
Condition
I. The applicant shall defend, indemnify and hold harmless the City and/or its agents, officers
and employees from any claim, action or proceeding against the City and/or its agents,
officers or employees to attack, set aside, void or annul, the certification by the City of this
Environmental Impact Report, and all actions relating thereto. The City shall promptly
notify the applicant of any claim, action, or proceeding.
Upon motion of Vice Mayor Christianson, seconded by Council Member Ashbaugh, and
on the following roll call vote:
AYES: Council Members Ashbaugh, Carpenter and Smith,
Vice Mayor Christianson and Mayor Marx
NOES: None
ABSENT: None
Resolution No. 10557 (2014 Series)
Page 4
The foregoing resolution was adopted this 2"d day of September 2014.
Mayor Jan'Marx
.�� ATTEST,
Cit7ber:' '
i .
APPROVED AS TO RM:
J instine Dietrick
City Attorney
City of San Luis Obispo Exhibit A
CHEVRON TANK FARM PROJECT
CEQA FINDINGS
I. Environmental Determination................................................................................1
It. Summary Project Description................................................................................1
III. City Development Plan / Airport Area Specific Plan Amendments........................2
IV. The Record ...........................................................................................................3
V. The December 2013 Final Environmental Impact Report for the Chevron
TankFarm.............................................................................................................4
VI. Statement of Overriding Considerations ...............................................................5
VII. Potential Environmental Effects Which Are Not Significant or Beneficial..............7
VIII. Potential Significant Effects Which Have Been Mitigated to a Level of
Insignificance ......................................................................................................20
IX. Potential Significant Unavoidable Effects for Which Sufficient Mitigation is
notAvailable .......................................................................................................39
X. Mitigation Monitoring and Reporting Program.....................................................42
R 10557
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
Page 1
CITY OF SAN LUIS OBISPO
FINDINGS OF MITIGATION AND
ADOPTION OF MITIGATION MONITORING PROGRAM FOR THE
CHEVRON TANK FARM 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 200903 1 00 1) for the Chevron Tank Farm Remediation and
Development in determining to carry out amendments to the Airport Area Specific Plan (AASP). The
Final EIR consists of the three volumes, including the Final EIR, responses to comments on the Draft
EIR, a list of persons and agencies commenting on the Draft FIR, a Mitigation Monitoring Program, and
technical appendices. The City Council has received, reviewed, considered, and relied on the information
contained in the Final FIR, 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
The Project Site was originally owned and operated by Union Oil. Chevron purchased Union Oil,
including the Project Site, in August 2005. The San Luis Obispo Tank Farm was constructed on the
property in 1910 to serve as the accumulation point for the petroleum pipeline from the San Joaquin
Valley. In 1926, many of the tanks on the Project Site were destroyed in a fire created by a lightning
strike. The Tank Farm was slowly withdrawn from operation during the later decades of the twentieth
century, and by the late 1990s it was formally decommissioned. The Project Site now exists as primarily
vacant land that is surrounded by the expanding footprint of urban development of the City, and the San
Luis Obispo County Regional Airport (SLOCRA). The Applicant intends to remediate the Project Site to
address site contamination issues, restore habitat, and develop portions of the Project Site consistent with
a proposed land use plan.
The Project consists of two principal components: remediation and development. The remediation portion
of the Project is based on an extensive collaborative process with resource agencies that have concurred
with the Applicant's proposed remediation approach, while taking into consideration the proposed future
uses at the Project Site. The second component of the Project involves development of business park and
service commercial uses.
The Project entails a complex permitting landscape for a couple of reasons. First, although the Project Site
is within the County, it is also located within the City's Urban Reserve Line (URL) and Urban Services
Line (USL) and has been identified by the City for annexation. Second, the Project is broken into two
larger phases: remediation and development.
The County is responsible for the remediation phase, while the development phase would be regulated by
either the County or City, depending on whether or not the Project Site is annexed into the City. In
addition, the Project Site is located within an area that is subject to the Airport Land Use Plan (ALUP).
On March 19, 2014 received a determination of consistency with the ALU13 from the Airport Land Use
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
Page 2
Commission.
The remediation and restoration component includes several activities proposed to occur over a three-year
period: demolition of existing buildings and selected reservoir remnants, excavation of top soil and sub-
surface material, site re-contouring, capping, and increasing the quantity of wetland and rare plant
habitats. Re-contouring would be done mostly using on-site materials.
The second component of the Project would be development of portions of the Project Site. If the Project
is annexed into the City, there would need to be amendments to the City AASP, the General Plan, the
Airport Compatibility Open Space Plan (ACOS), a tentative Tract Map, as well as other City permits. If
the development is in the County, then a General Plan amendment and conditional use permit would be
required.
The Applicant's goal is to develop approximately 17 percent of the Project Site with approximately
800,000 square feet (floor area) of business park and service commercial uses. Development would be
implemented in five phases over a period of approximately 25 years; each phase would create
approximately 160,000 square feet of leasable floor area. The proposal includes designation of
approximately 15 acres for recreational use (may include up to two acres of public land) to be developed
by a subsequent Project Site/individual lot owner.
The Project Site is included in the City's AASP that anticipates future annexation of this and other
properties in the area given its proximity to existing City boundaries, existing industrial uses, and the
SLOCRA. In addition, the City's AASP encourages the environmentally sensitive portions of the Project
Site—comprised of approximately 250 acres—be kept in open space.
III. City Development Plan / Airport Area Specific Plan Amendments
The City Development Plan proposes development of the Project Site with approximately 803,000 square
feet of commercial and industrial floor area with associated parking, landscaping, open space, recreational
playing fields, bicycle and pedestrian trails. The City Development Plan could also include land for the
City to construct public facilities such as a transit maintenance yard and storage facility or a fire station
and training facility.
The development would be phased over a 25-year period. The proposed land uses under the City
Development Plan include 27.85 acres of Business Park development (13P-SP), 26.01 acres of Service-
Commercial development (C-S-SP), 15.05 acres of Public Facilities (PF-SP) intended for recreational ball
fields, 13.62 acres of public right-of-way (e.g., streets), and the approximately 250-acre balance as Open
Space (C/OS-SP). See Figure ES-3.
The Applicant-proposed City Development Plan trades approximately nine acres of developable area in
the northwest portion of the Project Site and on the west edge of the area south of"Tank Farm Road for 16
acres in the northeast portion of the Project Site.
The City would provide water, sewer, and public services such as police and fire. The City recently
installed a sewer trunk line in Tank Farm Road along the property's frontage. The Applicant would
extend the potable and recycled water mains and utilities to the developable areas.
Improvements and modifications would be made to existing roadways in the Project area. Tank Farm
Road would be widened to four lanes from Acacia Creek in the east to the western boundary of the
property. Santa Fe Road, south of Tank Farm Road, would be re-aligned and tied into Tank Farm Road.
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
Page 3
New roads would also be constructed north of"Tank Farm Road.
The City Development Plan would also require amendments to the AASP and the ACOS. Some of the
major changes to the AASP would include modification of some of the zoning on the Project Site,
modification of the boundaries of the Cluster Development "Lone, elimination of the Unocal Collector
Road, elimination of the Class I multi-use trail to the south, and installation of a signalized intersection at
Tank Farm Road and Santa Fe Road(the AASP calls for the use of a roundabout at this intersection).
Amendments to the AASP include:
• Removing the Service-Commercial designation on approximately 8.6 acres in the northwest
corner of the Project Site;
• Eliminating or relocating the collector street (known as the Unocal Collector) along the western
and northern edges of the Project Site, which would also include removing underlying planned
utilities and realigning the sewer trunk line located within the collector street's right-of-way;
• Providing an additional driveway connection to Tank Farm Road just west of the existing
driveway entrance to the Tank Farm offices. The location of the proposed driveway entrance is
shown in Appendix A.3, page A.3-10;
• Installation of a signalized intersection at Tank Farm Road and Santa Fe Road (the AASP calls
for the use of a roundabout at this intersection); and
• Revisions to appropriate text, tables, and graphics to reflect land use and circulation changes,
including:
o Land Use areas designations amended to reflect the acreages as described for the Project;
o Plan Area Zoning amended to reflect the acreages as described for the Project;
o Primary Circulation System and Functional Classifications within AASP Area and
Surrounding Community amended to Proposed Primary Circulation System and Functional
Classifications;
o Bicycle Plan amendment consisting of eliminating the Class I bikeway on the south side of
Tank Farm Road, eliminating the Class 1 bike path connecting Tank Farm Road to Buckley
Road along Tank Farm Creek, The bike lanes along the Unocal Collector Road (this road
would not be built as part of the Project), and realignment of some of the bike paths shown in
the Bicycle"Transportation Plan.
o Modify southern side of Tank Farm Road street section to remove sidewalk and Class I path
and include a 12-foot wide Class I multi-use path on the north side of-Tank farm Road;
o Update to the AASP cluster development zone evaluation; and
o Update information and mitigations related to environmental issues.
IV. 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:
• Documentary and oral evidence, testimony, and staff comments and responses received and
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
Page 4
reviewed by the Lead Agency during informational workshops, public review, and the public
hearings on the project.
• The Chevron"rank Farm Project Final Environmental Impact Report, Volumes 1, ll, and 111.
V. The December 2013 Final Environmental Impact Report for the Chevron
Tank Farm
The City Council of the City of San Luis Obispo makes the following findings with respect to the
December 2013 Final Environmental Impact Report for the Chevron Tank Farm Project SCH
#2009031001:
A. The City has considered the information contained in the December 2013 Final EIRfor the Chevron
Tank Farm Remediation and Development Project, the public 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 City Development Plan
Chevron Tank Farm Project may have a significant adverse effect on the environment.
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 Findings of Fact, the list of
mitigation measures included in the List of Mitigation Measures (Volume III, Appendix J),
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. The organization of this section is as follows, and reflects
the organization of the December 2013 Final Environmental Impact Report for the Chevron
Tank Farm Remediation and Development Project (FEIR):
4.1.5 Air Quality
4.2.5 Biological Resources
4.3.5 Transportation and Circulation
4.5.5 Water Resources
4.6.5 Wastewater
4.7.5 Geological and Soil Resources
4.8.5 Noise and Vibration
4.9.5 Cultural Resources and Archaeology
4.10.5 Aesthetics and Visual Resources
4.11.5 Hazards and Hazardous Materials
4.12.5 Population and Housing
4.13.5 Public Services and Utilities
4.14.5 Recreation
4.15.5 Agricultural Resources
2. That, based on information set forth in the Final EIR and in the Findings of Fact, the adverse
environmental effects related to operational related air quality and cumulative transportation
and circulation associated with the Chevron Tank Farm Project are significant effects which
cannot be entirely mitigated or avoided if the project is approved and implemented;
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
Page 5
3. 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 Chevron Tank
Farm Project.
D. The City Council hereby finds and determines that:
1. All significant effects (except operational related air quality and cumulative transportation
impacts) that can be feasibly avoided have been eliminated or substantially lessened as
determined through the findings set forth in Section VIII;
2. The project design and development incorporates adequate measures to ensure protection of
significant archeological resources, biological resources, and visual and aesthetic resources.
3. 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;
4. Based on the Final EIR, the Findings, and other documents in the record, the remaining
unavoidable significant environmental effects of the Chevron Tank Farm Project are
outweighed and overridden by the benefits of the project as described in the Statement of
Overriding Considerations.
5. Should the final design of the Chevron Tank Farm Project have the potential to result in
adverse environmental impacts that are not anticipated or addressed by the December 2013
Final EIR, subsequent environmental review shall be required in accordance with CEQA
Guidelines Section 15162(a).
VI. Statement of Overriding Considerations
The Final EIR has identified and discussed significant effects that will occur as a result of the proposed
project. With the implementation of the mitigation measures identified in the Final L'-IR, these effects can
be mitigated to a level of insignificance except for operational related air quality impacts and cumulative
transportation impacts (see Section IX of these findings for further discussion of potentially significant
impacts associated with the proposed project).
Having reduced the effects of the proposed project by adopting the other mitigation measures and a
program to monitor mitigation measures for certain project-related impacts, and having balanced the
benefits of the project against the project's unavoidable adverse impacts, the City Council pursuant to
CEQA Guidelines sections 15093 and 15092 hereby determines that the benefits of the proposed project
outweigh these potential unavoidable adverse impacts based on the following overriding considerations:
1. The amount of land proposed for permanent open space dedication combined with a restoration
plan to enhance the open space provides positive environmental enhancements that will help to
offset the potential significant impacts of the proposed commercial development.
2. The proposed commercial development will provide for necessary bicycle connections in the
form of class I pathways linking the Damon Garcia Sports Fields to Tank Farm Road and other
properties, linking Tank Farm Road to Prado Road, and linking Tank Farm Road to the Avila
Ranch property. These bicycle connections will encourage alternative forms of transportation
thereby offsetting potential significant traffic and circulation impacts as well as air quality
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
Page 6
impacts.
3. The proposed amendments to the RASP will relocate proposed commercial areas away from
sensitive biological habitat areas while facilitating remediation and restoration of the former tank
farm property thereby enhancing the biological functions of the property, improving drainage and
surface water flow, reducing downstream flooding, and eliminated existing wildlife entrapment
hazards.
4. The proposed amendments to the AASP will relocate proposed commercial areas and land uses
away from potential airport hazards while clearly identifying airport open space zones, runway
protection zones while improving physical features (e.g., removing the walls and upper portions
of the berms of former Reservoir 2) to enhance airport safety thereby reducing potential hazards.
5. The City has identified the following overriding economic, social, and other public benefits of the
project, which are additional reasons that the significant and unavoidable impacts identified in the
Final EIR can be found acceptable, and hereby adopts them as a statement of overriding
considerations:
a. In conformance with the City's General Plan policies and community goals, the project will
provide for additional commercial development opportunities within the City's urban
reserve area while providing for jobs, necessary services and key infrastructure
improvements.
b. The project will provide expansion space for existing businesses and opportunities for new
businesses to locate in the City by creating new business park and service commercial
space which will further the General Plan Land Use Element goals and which will provide
additional sales tax revenues for the City that the City can use to provide services to the
community;
c. The project will provide for a significant expansion to the City's open space reserve, with
the intent of securing open space for recreational uses, habitat restoration, and viewshed
preservation on land that is contiguous to other such open space areas.
6. The development project will help finance improvements to key circulation features including the
widening of 'tank Farm Road, aesthetic improvements to the Tank Farm corridor, the
incorporation of important bicycle and pedestrian linkages, the connection of Tank Farm Road to
the future extension of Prado Road and the re-alignment of Santa Fe Road south to correct
hazardous road features.
The City Council of the City of San Luis Obispo hereby determines that the specific overriding economic,
legal, social, technological, and other benefits of the proposed project described above outweigh the
potential unavoidable adverse effects on the environment, and that the unavoidable adverse effects are
therefore acceptable based on the overriding considerations listed above.
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
Page 7
IMPACTANALYSIS: Four categories of impacts are identified:
Class 1. Class 1 impacts are significant and unavoidable. To approve a project resulting in Class
impacts, the CEQA Guidelines require decision makers to make findings of overriding
consideration that "... specific legal, technological, economic, social, or other considerations
make infeasible the mitigation measures or alternatives identified in the EIR..."
Class II. 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
IT 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.
Class Ill. Class 111 impacts are adverse but not significant.
Class IV. Beneficial impacts.
VII. Potential Environmental Effects Which Are Not Significant or Beneficial
The City Council has concluded that the following effects are not considered significant.
Air Quality
Impact Construction activities associated with the City Development Plan would
AQ.5 generate emissions that exceed SLOAPCD thresholds.
Mitigation Fugitive dust mitigation measures (see impact AQ.2) would be applicable to
this phase of the Project as per SLOAPCD requirements.
AQ-2a Prior to issuance of applicable grading permit, the Applicant shall
provide satisfactory evidence that a SLOAPCD-approved Construction Activity
Management Plan (CAMP) has been prepared that addresses fugitive dust
emissions. The Plan shall include requirements in the SLOAPCD CEQA
Handbook. Fugitive dust mitigation measures in the plan shall include a
combination of the following, as approved by the SLOAPCD:
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. An adequate water supply
source must be identified. Increased watering frequency would be
required whenever wind speeds exceed 15 mph. Reclaimed (non-
potable) water should be used whenever possible.
c. All dirt stockpile areas should be sprayed daily as needed, covered, or a
SLOAPCD-approved alternative method will be used. (90 percent
reduction).
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.
I
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
Page 8
Air Quality
c. Exposed ground areas that will 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, unless
other dust and erosion control measures are specified in the agency-
approved Dust Control Plan.
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 SLOAPCD.
g. All roadways, driveways, sidewalks, etc. to be paved should be
completed as soon as 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 2 feet of freeboard (minimum
vertical distance between top of load and top of trailer) in accordance
with CVC Section 23114.
j. Install wheel washers where vehicles enter and exit unpaved roads onto
streets, or wash off trucks and equipment leaving the site.
k. Sweep streets at the end of each day if visible soil material is carried
onto adjacent paved roads. Water sweepers with reclaimed water should
be used where feasible
1. Apply water every 3 hours to disturbed areas within the construction site
(61 percent reduction in particulate emissions).
m. Application of soil binders to dirt roads shall be applied to achieve at
least an 80 percent reduction in fugitive dust emissions. All soil binders
used shall be 'environmentally friendly' and shall be either
lignosulfonate- or calcium lignosulfonate-based approved by the
SLOAPCD. All dust control methods, including soil binders, shall be
demonstrated in the fugitive dust control plan to ensure compliance with
SLOAPCD Rule 401.
n. All roadway, driveway, and sidewalk paving should be completed as
soon as possible. In addition, building pads should be laid as soon as
possible after grading unless seeding or soil binders are used.
o. The contractor or builder shall designate a person to monitor the fugitive
dust emissions and oversee mitigation measure implementation as per
SLOAPCD approval to minimize dust complaints, reduce visible
emissions to less than 20 percent opacity, and to prevent transport of
dust off-site. The designated monitor shall carry out these duties on
regular workdays, as well as holidays and weekends when work may
not be in progress. The name and telephone number of the designated
monitor shall be provided to the SLOAPCD Compliance Division prior
I
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
Page 9
Air Quality
ito the start of any grading, earthwork, or demolition.
AQ-2b Prior to issuance of applicable grading permit, the Applicant shall
submit an APCD approved Construction Activity Monitoring Plan (CAMP),
which shall include, but not be limited to the following elements:
a. A Dust Control Management Plan that encompasses all, but is not
limited to, measures associated with impact AQ.I and AQ.2;
b. Tabulation of on- and off-road construction equipment information
(e.g., make, model, type, engine tier, DPM Level 3 filter age, horse-
power, and miles or hours of operation);
c. Construction truck trips scheduled during non-peak hours to reduce
peak-hour emissions;
d. Limited construction work-day period, if necessary; and
e. Phase construction activities, if appropriate.
AQ-2c Prior to issuance of applicable grading permit, the Applicant shall
implement the following idle-restricting measures for both on- and off-road
equipment during the Project grading and construction phase near sensitive
receptors:
a. Staging and queuing areas shall not be located within 1,000 feet of
sensitive receptors or applicable measures shall be employed as per the
direction of the SLOCAPCD, including monitoring or low-particulate
engine technologies. No staging, queuing or idling within 1,000 feet of
the recreational fields when in use;
b. Diesel idling within 1,000 feet of sensitive receptors is not permitted or
applicable measures shall be employed as per the direction of the
SLOCAPCD, including monitoring or low-particulate engine
technologies. No staging, queuing or idling within 1,000 feet of the
recreational fields when in use;
c. Use alternative fueled equipment whenever possible; and
d. Signs identifying the no idling requirements must be posted and
enforced at the construction site.
AQ-2d Prior to issuance of applicable grading permit, the Applicant shall
implement the following idle-restricting measures for on-road vehicles during
the grading and construction phase of the Project:
a. a. Section 2485 of Tide 13, the California Code of Regulations limits
diesel-fueled commercial motor vehicles that operate in the State of
California with gross vehicular weight ratings of greater than 10,000
pounds and licensed for operation on highways. It applies to California
and non-California based vehicles. In general, the regulation specifies
that drivers of these vehicles:
Shall not idle the vehicle's primary diesel engine for more than 5
minutes at any location, except as noted in Subsection (d) of the
i
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
Page 10
Air Quality
regulation; and,
Shall not operate a diesel-fueled auxiliary power system (APS)
to power a heater, air conditioner, or any ancillary equipment on
that vehicle during sleeping or resting in a sleeper berth for
greater than 5 minutes at any location when within 100 feet of a
restricted area, except as noted in Subsection (d) of the
regulation.
b. b. Signs shall be posted in the designated queuing areas and job sites to
remind on-road equipment operators of the 5-minute idling limit.
AQ-2e Prior to issuance of applicable grading permit, the Applicant shall
implement the following idle restricting measures for off-road vehicles during
the construction phase of the Project:
a. Off-road diesel equipment shall comply with the 5-minute idling
restriction identified in Section 2449(d)(3) of the CARD In-Use off-
Road Diesel regulation:
www.arb.ca.gov/regact/2007/ordiesIO7/frooal.pdf.
b. Signs shall be posted in the designated queuing areas and job sites to
remind off-road equipment operators of the 5-minute idling limit.
AQ-2f Prior to issuance of applicable grading permit, the Applicant shall
submit a geologic evaluation under the CARE Air"Toxics Control Measure
(ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations,
to determine if Naturally Occurring Asbestos (NOA) is present within the area
that will be disturbed. NOA has been identified as a toxic air contaminant by
the CARE. If NOA is not present, an exemption request must be filed with the
District. If NOA is found at the site, the Applicant must 1) comply with all
requirements outlined in the Asbestos ATCM. "Phis may include development
of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety
Program for approval by the SLOAPCD; 2) require that any crushing
operations do not result in any dust that is visible crossing the property line,
does not discharge into the air any visible emissions other than uncombined
water vapor, for a period aggregating more than three minutes in any one hour
which are 50 percent as dark or darker in shade as that designated as number
one on the Ringlemann Chart or exceed at 10 % opacity; and 3) conduct a
geological evaluation prior to any grading. Technical Appendix 4.4 of the
SLOAPCD CEQA Handbook includes a map of zones throughout the County
where NOA has been found. More information on NOA is available at
http://www.slocleanair.org/business/asbestos.plip.
AQ-2g Prior to issuance of demolition permits, the Applicant shall comply
with asbestos containing material (ACM) requirements. Demolition activities
can have potential negative air quality impacts, including issues surrounding
proper handling, demolition, and disposal of ACM. ACM could be encountered
during demolition or remodeling of existing buildings. Asbestos can also be
found in utility pipes and pipelines (transite pipes or insulation on pipes). If
utility pipelines are scheduled for removal or relocation or a building(s) is
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
Page 11
Air Quality
proposed to be removed or renovated, various regulatory requirements may
apply, 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: (1) notification to the
SLOAPCD; (2) an asbestos survey conducted by a Certified Asbestos
Inspector; and (3) applicable removal and disposal requirements of identified
ACM. More information on asbestos is available at
http://www.slocleanair.org/business/asbestos.php.
Findings Impacts are considered potentially adverse but less than significant (Class III).
Supportive Evidence: Emissions exceed the SLOAPCD thresholds For the peak day
ROG+NOx emission levels. However, as the construction activity would last for more than 90
days (anticipated lasting for 2-3 years), the daily thresholds would not apply (as per the
SLOAPCD Handbook). All other thresholds would not be exceeded by the development phase
construction activities.
Impact Operational activities associated with the City Development Plan would
AQ.9 generate CO emissions that produce localized CO I-lot Spots.
Nlitigation No mitigation measures are required since the impact is less than significant.
Findings Impacts are considered potentially adverse but less than significant (Class 111).
Supportive Evidence: Increased trips associated with the vehicles at area intersections would
emit CO emissions that could cause localized concentrations of CO to exceed the air standards.
An assessment was conducted utilizing the CALINE4 model at all intersections that would
exceed an LOS D during the build-out plus Project phase. Eleven intersections were assessed
and the greatest increase in CO emissions would be less than I ppm. The CO levels ranged
from 4.0 ppm to 5.0 ppm I-hour results and from 3.4 to 4.0 ppm for the 8-hour results. These
levels are below the standards of 20 ppm and 9 ppm for the 1-hour and 8-hour respectively.
Impact Operational activities associated with the City Development Plan would
AQ.10 generate diesel PM emissions that produce localized, elevated cancer impacts.
Mitigation No mitigation measures are required since the impact is less than significant.
Findings Impacts are considered potentially adverse but less than significant (Class 111).
Supportive Evidence: Increased trips associated with the City Development Plan would
increase diesel particulate emissions (DPM) associated with diesel trucks near area
intersections and roadways that could cause localized concentrations of DI'M to elevate cancer
risks. The City Development Plan would generate over 1,300 trucks per day on area roadways,
with over 300 daily trips of heavy trucks. The diesel emissions from these trucks and their
impacts were assessed using EMFAC201 I and AERMOD modeling of the intersections and
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Air Quality
i
roadways with highest levels of Project truck trips (Tank Farm Road/Broad Street and Tank
Farm Road/1-liguera Road). A receptor grid at 25 meter spacing was used to define receptors
outside of 30 meters from the roadway centerline to a distance of 1,000 meters. L'-valuation of
roadway segments and intersections found that the City Development Plan resulted in a
highest cancer risk of 5.8 cancer cases per million located immediately adjacent to the "Tank
Farm Road and I-liguera Street intersection, which would be below the SLOAPCD significance
criteria.
Transportation and Circulation
Impact T.2 The addition of traffic generated by the Project would cause one intersection to
operate at unacceptable levels under Existing plus Project conditions.
Mitigation No mitigation measures are required since the impact is less than significant.
Findings Impacts are considered potentially adverse but less than significant (Class Ill).
Supportive Evidence: To assess impacts associated with Existing plus Project conditions,
Project impacts were analyzed as if the Project were constructed and operating today.
Significant impacts associated with existing conditions with the Project traffic levels could
occur at Broad Street and Tank Farm Road. The addition of Phase I Project traffic during the
a.m. and p.m. peak hours would worsen operations from LOS D to LOS E. The design and
installation of a second eastbound left turn lane would improve operations to a LOS D during
both time periods. A second eastbound left tum lane was recently completed by the City using
Airport Area Impact Fees as part of a major improvement project at this intersection. The
Project would pay into the City Airport Area Impact Fee account as part of the City
Development Plan. With the recently completed second eastbound left hand turn lane the
Broad Street and Tank Farm Road intersection would operate at an LOS of D during both time
periods, which would make the impact less than significant.
Water Resources
Impact Paving and development could result in changes to surface water flows thereby
W11.6 increasing surface water runoff from the Project Site.
Mitigation No mitigation measures are required since the impact is less than significant.
Findings Impacts are considered potentially adverse but less than significant (Class 111).
Supportive Evidence: With the City Development Plan, stormwater draining from
approximately 48 acres of land will be collected into catch basins and storm drains and routed
into the North Marsh Area. Paving the eastern development area would substantially increase
runoff. However, the detention and sedimentation pond, discussed under the remediation
aspect of the Project, would be engineered to accommodate this volume and flow rate. In
accordance with RWQCB and AASP development requirements, the detention basin would
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Water Resources
supplement other proposed best management practices, such as the vegetated swale along
Tank Farm Road and the lot-level stormwater infrastructure (e.g., catch basin trash and
oil/water separators) that would be designed during implementation of the City Development
Plan.
As pan of the City Development Plan on the eastern part of the site just north of"rank Farm Road, a
new detention/sedimentation basin would be constructed for the treatment of runoff before discharging
to the existing isolated on-site ponds. The added runoff is a direct result of paving and other
impermeable surfaces that coincide with development activities and a slightly larger catchment area
generated as a result of developmental grading. None of the stormwater from this area would be
discharged off-site.
The remaining development east of the Santa Fe Road extension would drain via sheet flow to Acacia
Creek. The runoff from this area would be greatly reduced. Runoff is expected to discharge to Acacia
Creek via sheet flow at a rate of approximately 3.5 and 9.5 cubic feet per second for the 2-year and
100-year storms, respectively. These volumes and flow rates are insignificant compared to those for
Acacia Creek.
Based upon the discussion above, surface water runoff impact from the City Development Plan
component of the Project would be less than significant.
Impact Flooding of development structures or redirection of flood flows could occur if
WR.7 buildings are built within the 100-year flood plain.
Mitigation No mitigation measures are required since the impact is less than significant.
Findings Impacts are considered potentially adverse but less than significant (Class 111).
Supportive Evidence: A number of the proposed grading activities would serve to change the
area of the site that would be within the 100-year flood plain. The Applicant in conjunction
with the Lead Agency would be required to obtain a Conditional Letter of Map Revision
(CLOMR) and a letter of Map Revision (LOMR) from the Federal Emergency Management
Administration (FEMA). These documents would change the 100-year flood zone maps for the
Project Site. None of the development areas would be within the 100-year flood plain.
Wastewater
Impact The wastewater generated from the City Development Plan component or the
WW.2 Project would exceed the design capacity of the City's downstream sewer lines
or the capacity of the City's water reclamation facility.
Mitigation No mitigation measures are required since the impact is less than significant.
Findings Impacts are considered potentially adverse but less than significant (Class 111).
I
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Wastewater
Supportive Evidence: According to the RASP, the Specific Plan area(including the City
Development Plan) has been projected to generate flows of approximately 745,000 gallons per day.
Due to the fact the planned land use of the Project Site is part of the AASP, the 64,090 gallons per day
of generated flow falls within the anticipated parameters. The Project would convey the generated flow
to the existing wastewater sewer line running westerly down Tank Farm Road. The wastewater
impacts due to the City Development Plan are anticipated to be less than significant due to existing
sewer lines, pump station, and water reclamation facility are capable of handling the projected flows at
build-out. The advanced planning, and incorporation into the AASP, has allowed for the projected
wastewater generation from the City Development Plan to result in minimal impact to the wastewater
facilities.
Geological and Soil Resources
Impact Seismically induced ground shaking could damage proposed structures and
G11.2 infrastructure, potentially resulting in loss of property or risk to human health
and safety.
Mitigation No mitigation measures are required since the impact is less than significant.
Findings Impacts are considered potentially adverse but less than significant (Class 111).
Supportive Evidence: The Applicant would be required to design and construct all buildings to
withstand the expected ground acceleration that may occur at the Project Site based on the California
Building Code that is applicable at the time the buildings are permitted. The current California
Building code requires that surface facilities, buildings, residential structures, and equipment have
suitable foundations and anchoring design, surface restraints, and moment-limiting supports to
withstand seismically-induced ground shaking. In addition the 2010 California Building Code, and the
City of San Luis Obispo building code requires that slopes, roadways, and building pads are properly
engineered.
Impact Existing uncertified fill on-site could be subject to hydroconsolidation,
G11.3 excessive settlement, expansive soil shrink and swell, and differential
settlement and expansion, and thus could damage proposed facilities, resulting
in loss of property and risks to human health and safety.
Mitigation No mitigation measures are required since the impact is less than significant.
Findings Impacts are considered potentially adverse but less than significant (Class 111).
Supportive Evidence: Based on site observations and previous studies, un-engineered fill has been
placed across the Project Site at various locations for roads, holding ponds, and other operations. The
exact locations and the horizontal and vertical limits of un-engineered fill have not been clearly
discerned. The Project would have to meet all of the requirements of the City and the 2010 California
Building Code as it relates to all grading activities, including the requirements for compacted
engineering fill.
I
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Geological and Soil Resources
Impact Construction and improvement in areas lacking suitable factors of safety for
GR.6 existing slopes could result in gross or surficial instability, as well as
earthquake-induced landslides, which could damage proposed structures and
infrastructure, resulting in loss of property and risks to human health and safety.
Mitigation No mitigation measures are required since the impact is less than significant.
Findings Impacts are considered potentially adverse but less than significant (Class III).
Supportive Evidence: Based on the flat topography on-site and distance from suspected
landslide areas, the potential for landsliding or the failure of natural slopes to affect the Project
Site is low.
Noise and Vibration
Impact NA Off-site City Development Plan related traffic would generate noise impacts to
nearby areas.
Mitigation No mitigation measures are required since the impact is less than significant.
Findings Impacts are considered potentially adverse but less than significant (Class 111).
Supportive Evidence: Traffic levels at full build-out (after Phase 5)would increase on area streets
which would in turn increase noise levels. Traffic noise levels at intersections with the proposed
Project traffic are shown in Table 4.8-10. Increases in traffic would increase noise levels at 100 feet
from the roadways by up to 0.5 dBA. This increase would be below the 3 dBA increase specified in the
significance thresholds. Although the noise levels associated with traffic would be above the 60 dBA
specified as the upper limit of transportation-related noise levels at receptors, the traffic routes would
be associated with traffic along arterial roadways and would not impact residential collector streets or
local streets.
Hazards and Hazardous Materials
Impact Potential risk associated with development within the SLOCRA safety areas.
HM.7
Ylitigation No mitigation measures are required since the impact is less than significant.
Findings Impacts are considered potentially adverse but less than significant (Class 111).
Supportive Evidence: The proposed Project would have development with Safety Areas 5-16, S-
Ic. The project would be developed with an approved ACOS and CDZ specified in an approved
Detailed Area Plan (the RASP). This would allow non-residential densities of 50 persons per acre
in S-Ib and 120 persons per acre in S-lc. The data in Table 4.11-5 of the FEIR shows that the
proposed Project would be well below the allowable population densities in the ALUP.
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Hazards and Hazardous Materials
I
Impact Risk associated with land use changes and aircraft wildlife strikes and other
HM.9 aircraft hazards.
Mitigation No mitigation measures are required since the impact is less than significant.
Findings Impacts are considered potentially adverse but less than significant (Class 111).
Supportive Evidence: It is unlikely that the proposed development would result in any
substantial change in the amount of wildlife over the current baseline, but may only serve to
change the species that forage at the Project Site, and the times that these species are present.
The area is currently characterized by grassland, which attracts various species of birds,
including birds of prey that feed on rodents. Species that have been involved in aircraft strikes
include seagulls, hawks, pigeons, blackbirds, sparrows, finches, ducks, owls, American
kestrels, meadowlarks and turkey vultures. Hawks are the most frequently impacted species.
Subsequent to development, it is likely that opportunistic species, such as seagulls, pigeons,
blackbirds, sparrows, finches, ducks, etc. would be attracted to the area, while predatory
species, such as hawks, white-tailed kite, prairie falcon, northern harrier, and golden eagle (all
observed at the Project Site) would be expected to decrease due to the decrease in feeding
opportunities.
I
Population and Housing
Impact The City Development Plan may induce substantial growth in the area by
P/H.2 proposing new businesses in the area.
Mitigation No mitigation measures are required since the impact is less than significant.
Findings Impacts are considered potentially adverse but less than significant (Class 111).
Supportive Evidence: The Project would induce growth in the area by developing
commercial facilities that may employ approximately 1,971 people. As stated above, the City
reports capacity for 4,200 new dwellings to be developed within the URL. Development of
those proposed residential developments would provide adequate housing in the area for the
new residents that may be generated by the implementation of this Project over a 20 to 25 year
period.
Public Services and Utilities
Impact Build-out of the City Development Plan land uses would create an
PS/U.6 incrementally higher demand for police protection services.
Mitigation No mitigation measures are required since the impact is less than significant.
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Public Services and Utilities
Findings Impacts are considered potentially adverse but less than significant (Class Ill).
Supportive Evidence: As reported by the SLOPD, existing staff levels are adequate to meet
the demands of the community; however, a department objective of being available 30 percent
of the time is not currently being met much of the year. As service demands associated with
development in the Project area increase, additional staffing resources may need to be put in
place to insure that the area receives the same level of service as the rest of the community.
However, the City Development Plan would not require new or physically altered
governmental facilities to accommodate additional officers that may be needed in order to
maintain acceptable service ratios or other performance objectives.
Impact Construction and operation of the City Development Plan could potentially use
PS/U.7 nonrenewable resources in a wasteful or inefficient manner.
1Nitigation PS/U-7a If additional electrical or natural gas energy infrastructure is required
to accommodate the proposed Project, the Applicant would be required to pay a
fee to PG&E or SCG respectively, to provide additional service.
PS/U-7b To avoid wasteful use of gasoline or diesel fuel, construction vehicles
should be left on-site for the duration of each annual active construction season
(as defined by allowed construction timing by the various mitigation measures),
and construction vehicles shall be turned off when not in use to avoid idling.
PS/U-7c The Applicant shall comply, to the maximum extent feasible, with all
adopted City policies regarding energy consumption such as:
a. Incorporating cost-effective, renewable, energy resources into the
Project;
b. Providing passive features through site design that allows shade to
reduce unwanted heat gain, thereby reducing the need to use energy for
cooling; and
c. Installation of energy efficient appliances, heat recovery equipment, and
building energy management systems.
Findings Impacts are considered potentially adverse but less than significant (Class 111).
Supportive Evidence: Both utilities report reliable service levels in the Project area, therefore,
it is not expected that the development of the Project's commercial facilities would consume
energy beyond the capacity of PG&E or SCG to supply or produce. By adhering to SI-0
Municipal Code for energy efficiency requirements, the Project will not be in conflict with
energy conservation plans, or result in the construction or operations of a project that would
use non-renewable resources in a wasteful and inefficient manner.
Impact Construction and operation of the City Development Plan could generate
PS/U.8 significant amounts of solid waste.
Mitigation PS/U-8a Pursuant to the City of San Luis Obispo's Ordinance 1381, Chapter i
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Public Services and Utilities
8.05, a Recycling Plan for the City Development Plan to be implemented during
construction shall be submitted for approval by the City of San Luis Obispo
Utilities Department, prior to building permit issuance. Throughout
construction periods, documentation shall be provided to the City Utilities
Department demonstrating compliance with the plan and the City's Ordinance
1381. The plan shall include strategies to increase recycling of construction
materials, and documentation that a minimum of 50 percent of discarded
construction materials are diverted from landfills. The plan may consist of the
following information:
a. The name and contact information of who will be responsible for
implementing the recycling plan.
b. A brief description of the proposed Project wastes to be generated,
including types and estimated quantities of each material to be salvaged,
reused, or recycled during the construction phase of this Project.
c. Waste sorting/recycling and/or collection areas shall be clearly indicated i
on the Site Map.
d. A description of the means of transportation and destination of
recyclable materials and waste, and a description of where recyclable
materials and waste will be sorted (whether materials will be site-
separated and hauled to designated recycling or landfill facilities, or
whether mixed materials will be removed from the site to be processed
at a mixed waste sorting facility).
e. The name of the landfill(s) where trash will be disposed of and a
projected amount of material that will be landfilled.
E A description of meetings to be held between Applicant and contractor
to ensure compliance with the recycling plan.
g. A contingency plan shall identify an alternate location to recycle and/or
stockpile construction debris in the event of local recycling facilities
becoming unable to accept material (for example: all local recycling
facilities reaching the maximum tons per day due to a time period of
unusually large volune).
h. Ongoing documentation by the Contractor submitted with each
Building/Zoning Inspection reporting on a quarterly basis.
i. Disposal information including quantity of material landfilled, which
landfill was used, total landfill tipping fees paid, and copies of weight
tickets, manifests, receipts, and invoices.
j. Recycle information including quantity of material recycles, receiving
party, and copies of weight tickets, manifests, receipts, and invoices.
k. Reuse and salvage information including quantities of salvage materials,
storage locations if they are to be used on-site, or receiving party if
resold/used off-site.
PS/U-8b Pursuant to the City of San Luis Obispo's Source Reduction and
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Public Services and Utilities
Recycling Element to achieve a 50% reduction in solid waste as required by AB
939, the project shall provide a plan for the disposal, storage and collection of
solid waste material for the project. The plan shall include provisions for
adequate recycling bin capacity as well as timely collection of recyclables. The
development of the plan shall be coordinated with the City's franchised solid
waste collection and disposal fine, San I-uis Obispo Garbage.
Findings Impacts are considered potentially adverse but less than significant (Class 111).
Supportive Evidence: Cold Canyon Landfill has capacity until approximately the year 2040.
Assuming that 100 percent of disposal from the City Development Plan was to be accommodated by
either of these landfills, the increase in their percentage of permitted daily disposal quantities would be
approximately 3 percent for the Chicago Grade facility and 3.5 percent for the Paso Robles facility.
Based on the reported 2009 disposal rates, the increases would result in daily throughput percentages of
35 percent for the Chicago Grade Landfill and 23 percent for the Paso Robles Landfill. These facilities
have estimated closure dates of 2042 and 2051, respectively. As such, landfills that serve the County i
have sufficient capacity to dispose of City Development Plan generated solid waste, which would make
the solid waste impacts of this Project less than significant. i
Impact Development of the Project could impact availability of water supplies from the
PS/U.9 City water Utility.
Mitigation PS/U-9 The Development shall connect to the City's reclaimed water system
and shall use reclaimed water for landscape irrigation.
Findings Impacts are considered potentially adverse but less than significant (Class 111).
Supportive Evidence: Adequate water supply for the City Development Plan was included in
the City's Urian Water Management Plan (adopted July 21, 2011). Based on the infnnnation
provided in this Water Supply Assessment and the adopted Urban Water Management Plan,
the City has a sufficient water supply available to meet the water supply demand (171.4 afy) of
the Project.
Agriculture
Impact The City Development Plan would result in the conversion of farmland or
ARA grazing land to non-agricultural uses.
Mitigation No mitigation measures are required since the impact is less than significant.
Findings Impacts are considered potentially adverse but less than significant (Class 111).
Supportive Evidence: About 30 acres of land that is currently available for grazing would be I
converted to development. With the multitude of site constraints, the historical use of the Project Site,
and the limited grassland that is accessible for grazing, the Project Site has only has limited and
intermittent grazing for the purpose of weed control since the 1990s. Historically, the Project Site has
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Agriculture
not been used for continuous cattle grazing for the purpose of raising animals.
Cattle grazing could continue on the site with the development, but would have to be limited to
areas outside of the restored wetland, VPFS habitat, and terrestrial areas. Given that the Project
Site is only used for limited cattle grazing to control weeds, the multitude of site constraints,
the historical use of the site, and the limited grassland that is accessible for grazing, the
impacts of the City Development Plan on the conversion of grazing land would be less than
significant.
Recreation
Impact The City Development Plan would increase the City's recreational acreage
REC.2 stock with 15 acres of sports fields, as well as Class I and Class 11 bicycle lanes,
while not adding residential development.
Mitigation No mitigation required.
Findings Impacts are considered beneficial (Class IV).
Supportive Evidence: For purposes of analyzing typical development project impacts on
recreation, only residential projects are usually considered potentially impactful since
employees of businesses are not expected to utilize recreational facilities as frequently or for
extended periods of time as residents would. In addition, the increase in daytime population as
a result of the presence of construction workers is temporary in nature. The Project would not
develop any residential units and as such would not increase the use or demand for parks or
other recreational opportunities, nor accelerate deterioration of such facilities. Therefore, by
increasing the City's recreational opportunities without substantially increasing the population
that uses them, the Project's effect on City recreation facilities would be benefial.
VIII. Potential Significant Effects Which Have Been Mitigated to a Level of
Insignificance
The City Council has concluded that the mitigation measures identified in the Mitigation Monitoring
Program(Section XI.) 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 Operational activities associated with the City Development Plan would
AQ.6 generate ROG+NOx emissions that exceed SLOAPCD thresholds.
Mitigation AQ-6a Prior to issuance of applicable construction permits, the Applicant
shall implement the following mitigation measures to reduce area source
emissions, where applicable.
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Air Quality
a. Increase walls and attic insulation by 20 percent above what is required
by the 2008 Title 24 requirements.
b. Shade tree planting along southern exposures of buildings to reduce
summer cooling needs.
c. Shade tree planting in parking lots to reduce evaporative emissions from
parked vehicles.
d. Use built-in energy efficient appliances, where applicable.
e. Orient buildings toward streets with convenient pedestrian and transit
access.
f. Use double-paned windows.
g. Use low-energy parking lot and streetlights. (e.g., sodium)
h. Use energy efficient interior lighting.
i. Incorporate energy efficient skylights into roof plan (i.e., should meet
the EPA/DOE Energy Star® rating).
j. Install High efficiency or gas space heating.
k. Install door sweeps and weather stripping if more efficient doors and
windows are not available.
AQ-6b Prior to issuance of applicable construction permits or lease
agreement, the Applicant shall implement the following mitigation measures to
reduce vehicle emissions.
a. Locate electrical vehicle charging station(s) in the parking lots at a ratio
required by County or City ordinance or as recommended by APCD.
b. In coordination with the City Transit Management, provide transit
demand enhancements (i.e., additional stops, shelters, phones) within
the Project impact area to meet the increased ridership demand
associated with the Project.
c. Provide on-site long-and short-term bicycle parking consistent with
location and design criteria established by the City's Bicycle
Transportation Plan, with installation and design guidance provided by
the City's Community Design Guidelines. One bicycle parking space
for every 10 employees is considered appropriate.
d. Provide shower stalls and locker facilities to encourage employees to
bike or walk to work.
e. The Applicant or lessee shall meet with SLOCOG's Rideshare Program
Coordinator to develop a Trip Reduction Plan to be reviewed and
approved by the Public Works Director and APCD. The Trip Reduction j
Plan shall include the following:
1) A comprehensive Transportation Demand Management program
for employees. The TDM may include: (a) private vanpool
operation; (b) transit and vanpool fare subsidies; (c) pay parking
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Air Quality
for employees; (d) provision of subscription bus services; (c)
alternative work hours; (f) capital improvements for transit
services; (g) reduction of parking fees for carpools and vanpools;
(h) Bikeway linkages to established bicycle routes; and (i)
provision of an on-site employee transportation and rideshare
coordinator.
2) Preferential carpool and vanpool parking for employees.
3) A lunch-time shuttle to reduce single occupant vehicle trips.
4) On-site facilities for eating and convenience including
refrigeration, automatic banking, and other vending for
employees.
5) Incentive programs, similar to the County Rideshare
Transportation Choices Program, to reduce employee commute
trips. Programs should be coordinated with adjacent commercial
development with a goal to achieve an Average Vehicle
Ridership (AVR) of 1.20 persons per vehicle or greater.
6) The Applicant shall set aside funds equivalent to three month
enrollment in Rideshare's Back 'N' Forth Club for 25 percent of
all employees (a maximum of$52,230 for this project). This
fund shall be managed by APCD through a program similar to
the "Flash Pass" used for the San Luis Obispo Home Depot i
development. If funds are not used for this purpose, they may be
used for other incentives that have been included in the approved
Trip Reduction Plan.
f. The Applicant shall coordinate with the City and APCD to pursue a
shared use agreement to use over-supplied parking areas for a potential
park-and-ride lot. The park-and-ride lot should be away from building
entrances and as close as possible to the parking lot entrance nearest to
Tank Farm Road or fronting street. The target number of park-and-ride
spaces should be 25. The parking area should be identified with signage
and registered with the San Luis Obispo Council of Governments as an
official park-and-ride lot.
g. Implement on-site circulation design elements in parking lots to reduce
vehicle queuing and improve the pedestrian and bicycle environment.
AQ-6c Prior to issuance of applicable construction permits, if emissions of
ROG+NOx with the above mitigations still exceed the thresholds, the Applicant
shall secure SLOAPCD approved off-site reductions in ROG+NOx emissions
from the SLOAPCD to ensure that ROG+NOx emissions do not exceed the
SLOAPCD daily and annual thresholds.
AQ-6d Implement a program of periodic wet-vacuum street sweeping in i
coordination with APCD in order to reduce vehicle-related fugitive dust
emissions.
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Air Quality
Findings After implementation of mitigation measures, the proposed project operational
air quality impacts would be not significant with mitigation (Class I[).
Supportive Evidence: The City Development Plan, by design, addresses a number of
operational measures that could reduce emissions including in-fill development, development
within ''A mile of public transit connections, the use of bike paths, etc. Although the City
Development Plan does not include residential development, some measures could be applied
to reduce energy use, and thereby, reduce emissions. Title 24, for example, is applicable to all
occupied buildings in California. Some measures related to LEED requirements could reduce
energy use of the proposed land uses. However, the majority of emissions are associated with
on-road vehicle traffic. Fugitive dust, for example, is entirely associated with on-road vehicle
traffic, and 85 percent of NOx emissions are generated by on-road vehicles. As on-road
vehicles are regulated by the CARB and existing regulations are in place to reduce these
emissions in the coming years, there are minimal mitigation measures that could be applied to
the operational phase of the Project to reduce criteria emissions, although some measures can
be applied to reduce vehicle trips.
I
Impact Operational and constriction activities associated with the City Development
AQ.8 Plan would generate GHG emissions that exceed SLOAPCD thresholds.
Mitigation AQ-8 Prior to issuance of applicable construction permits for each phase,
the Applicant shall include building efficiency improvements and/or off-site
reductions in GHG emissions to ensure that GHG emissions do not exceed the
SLOAPCD thresholds.
Findings After implementation of mitigation measures, the operational and construction
GHG emission impacts would be not significant with mitigation (Class 11).
Supportive Evidence: GHG emissions would be attributable to energy consumption (21 percent),
mobile sources (23 percent), waste production and treatment creating non-biogenic and biogenic CO2
and methane (34 percent), water consumption (17 percent) and construction (I percent). GHG
emissions would exceed the SLOAPCD threshold of 1,150 metric tonnes per year. Mitigation measures
would include those associated with impact AQ.6 (off-site mobile reductions), in addition to the
requirement for the use of higher efficiency buildings. Similar to SLOAPCD ROG+NOx program, the
GHG program is administered by the SLOAPCD and funds programs in the community which reduce
GI-IG emissions.
Biological Resources
Impact The City Development Plan would result in permanent loss of biological
B10.8 functions of wetlands, native grasslands, habitats for rare plants and animals,
and other biotic communities considered sensitive by federal, state, or local
policies, statutes, and regulations.
Mitigation BIO-8a The final restoration plan shall include criteria that would require the
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Biological Resources
restoration of at least a 2:1 replacement ratio (4.14 acres as defined by Padre
2008c) of all "native grasslands" habitat permanently lost in the development
elements of the project. Restored native grassland habitat shall meet standards
and criteria as defined by the County of San Luis Obispo and CDFW within the
proposed restoration of 45.2 acres of forb field habitat. Implementation of the
terrestrial habitat restoration shall follow the plan, including locations to be
restored, restoration techniques, a schedule of surveys to monitor the rate of
recovery, success criteria, and remedial actions if success criteria are not met.
810-8b The function of the restored native grassland habitats shall be
monitored. A Long-Term Habitat Management and Evaluation Plan shall be
developed and appended to the final restoration plan. The habitat management
and evaluation plan shall include methods to determine if the restored areas are
meeting success criteria per the approved restoration plan including criteria of
plant and wildlife species in restored habitats and to compare such results to
pre-Project conditions. The complementary plan shall include surveys to
monitor the occurrence of native plants and animals in restored habitats relative
to their occurrence in similar habitats prior to remediation and development. i
810-8c Hikers, pets, and bikers shall be excluded from sensitive habitats
within the Project Site. The final SLO City and County-approved restoration i
plan shall include a fencing plan element with specific details on location,
requirements of permanent and seasonal exclusion zones, and type of fencing to
ensure that wildlife movement is not restricted. The fencing plan shall include
information on placement of signs, educational placards, type of fencing
required, method of exclusions, and monitoring and repair of exclusion devices,
and shall include, at the least, a description and figure of those areas (i.e., VPFS
habitat, vernal pool habitat, riparian habitat, and habitat in the process of being
restored) that would require full time exclusion.
810-8d The final restoration plan shall require a 2:1 replacement of the 3.71
acres of USAGE Jurisdictional Waters/wetlands, isolated waters/wetlands, and
one-parameter wetlands (for a replacement of 7.42 acres) permanently impacted
by the City Development Plan. Implementation of the wetland and habitat
restoration shall follow the plan, including locations to be restored, restoration
techniques, a schedule of surveys to monitor the rate of recovery, success
criteria, and remedial actions if success criteria are not met.
Findings After implementation of mitigation measures, the biological functions impacts
would be not significant wiih mitigation (Class 11).
Supportive Evidence: Mitigation measure BIO-3a requires a 2:1 replacement of all native grassland
impacted by remediation efforts of the project. The Conceptual Restoration Plan proposes mitigation
for the loss of needlegrass bunch grass by including this species in the general seed species mix,
outplanting over 6,500 one-gallon containers of needlegrass bunch grass, and calls for the restoration of
extensive forb fields (45.2 acres, greatly exceeding the 2:1 or 3:1 replacement ratio that is typical
mitigation for impacts to this habitat) with selected native grasslands in the upland portion of the
restoration efforts. All of this effort, after the short term impacts of restoration, would greatly improve
and enhance the overall functions of the existing native grassland community on the Project Site. MM
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
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Biological Resources
BIO-3a also requires a I:1 habitat replacement for a total of 42.93 acres for one-parameter wetland
impacts. Loss of wetland habitat in the development phase would represent a permanent loss of this
habitat. In addition to the impacts to native grasslands, sensitive plant and wildlife habitats and
populations in the vicinity of the City Development Plan footprint would be exposed to construction
related noises, trash, dust, and human presence throughout the duration of the construction phase which
could consist of periods of disturbances lasting up to 25 years. The operation phase of the development
area would also result in increased human presence, increased lighting, and new and increased usage of
the roads and bike paths near plant and wildlife habitat (i.e., vernal pools, native grasslands, and fairy
shrimp habitat) that are extremely sensitive to disturbances.
Impact The City Development Plan would permanently impede migration and dispersal
BIO.9 of upland, aquatic, and semi-aquatic wildlife species.
Mitigation BIO-9a To reduce impacts to wildlife migration, the Applicant shall include in
the approved final restoration plan (MM BIO-Ia) landscape designs for planting
of native vegetation along the northern portion of the City Development Plan
area. The native vegetation landscaping shall be designed to provide wildlife
species cover and refuge during migration. The landscaping shall be designed to
shield migrating wildlife from human presence, noise, and lighting from
residential and recreational activities in the City and County Development Plan
footprint. Due to the 2 to 25 year duration of development phase, such planting
shall occur on the onset of the development phase.
BIO-9b To reduce cumulative impacts to wildlife migration the Applicant
shall include in the final restoration plan (MM BIO-la) a fencing plan element
with specific details on location and requirements for the purpose of restricting
wildlife movement through the development area but allowing movement
through the open space areas.
Findings After implementation of mitigation measures, the wildlife migration and
dispersal impacts would be nor significant with mitigation (Class 11).
Supportive Evidence: The City Development Plan would result in impacts that could permanently
impede migration and dispersal of upland, aquatic, and semi-aquatic wildlife species. The development
would result in a permanent loss of native vegetation types in the northeastern portion of the Project
Site that comprise movement and dispersal habitat to numerous wildlife species. Permanent structures,
buildings, and bike paths and increased human presence in the area would reduce or eliminate the
ability for wildlife species to freely move through the area. In addition, the City Development Plan on
the eastern portion of the Project Site is near the riparian habitat associated with Acacia Creek and the
East Fork of San Luis Obispo Creek which are expected to support a large portion of wildlife
movement in the general area. The restoration of native habitats would assist in maintaining and re-
establishing corridors and habitat linkages that can be used by migrating and dispersing animals.
Protection measures reducing the threat of sedimentation and erosion and restoration of the East Fork
of San Luis Obispo Creek would reduce the level of impacts to migratory fish.
i
Impact The City Development Plan has the potential to reduce the size and diversity of
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
Page 26
Biological Resources
BIO.10 plant and animal populations at the Project Site.
Mitigation BIO-10 Prior to issuance of applicable grading permit the Applicant shall
submit a lighting plan to the City for approval. All Project lighting shall be
designed to shielded spillage of light into adjacent preserved open space areas.
Any structural part of the light fixture providing this shielding shall be
permanently affixed. Outdoor lighting for buildings shall be restricted to lights
required by code for lighting building exteriors and for safety and security
needs. The lighting for the ball field shall not be on during period when there
are no activities at the fields. In no case shall the lights at the ball fields be on
between the hours of midnight and 7:00 AM. After initial installation of Project
lighting, a City-approved biologist shall conduct a field inspection to confirm
that the proper lamps have been installed and that light spillage into Open
Space areas has been minimized to the maximum extent feasible without
compromising safety or other critical night-lighting requirements.
Findings After implementation of mitigation measures, the plant and animal population
size and diversity impacts would be not significant with mitigation (Class II).
Supportive Evidence: The City Development Plan would result in impacts that have the potential to
reduce the size and diversity of plant and animal populations at the Project Site. The effects of
construction activities would result in a permanent and total loss of the plants and wildlife that exist
within the graded areas. Any permanent loss of habitat would also reduce foraging habitat for species
with larger home ranges. In addition, plant and wildlife populations in the vicinity of the City
Development Plan footprint would be exposed to construction related noises, trash, dust, and human
presence throughout the duration of the operation phase of the City Development Plan area would also
result in increased human presence, increased lighting, and increased usage of the roads and bike paths
near plant and wildlife habitat (i.e. vernal pools, native grasslands, and fairy shrimp habitat) that are
extremely sensitive to disturbances. Mitigation that restricts public access into the sensitive habitat
portions of open space areas(MM BIO-9c) would reduce some of the effects of increased human
presence in natural areas. The Applicant-proposed and recommended Restoration Plan (MM BIO-la)
would restore, enhance, and increase functions for existing plant and wildlife habitats on the Project
Site.
Transportation and Circulation
Impact T.3 Impacts to the City's transit system could result due to increased ridership
generated by the Project, impacts to bicycle and pedestrian facilities could
result from network discontinuities and unsafe crossings; impacts to site access
and on-site circulation could result from queue spillback and the creation of
additional conflict points.
Mitigation T-3a Site Access (Northeastern Parcel): Tank Farm Road/Santa Fe Road:
Prior to the occupancy of Phase I buildings/development, the Applicant shall
install a multi-lane roundabout at the new intersection of Tank Farm Road and
northern leg of Santa Fe Road accessing the Project Site. This improvement is
consistent with the intersection control in the RASP. Also the Applicant shall
I
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
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Transpor(ation and Circulation
extend the existing four lane section of Tank Farm Road thru the multilane
roundabout.
Transit: Prior to the occupancy of Phase I buildings/development, the
Applicant shall install transit facilities along Tank Farm Road to the satisfaction
of the City Public Works Department with direct pedestrian and bicycle
connections to buildings on the Project Site. The Applicant shall also work with
the City and SLO Transit to ensure that transit service capacity is adequate to
serve the projected demand.
Bicycle and Pedestrian: Prior to the occupancy of Phase I
buildings/development, the Applicant shall, at a minimum, install the following
bicycle and pedestrian facilities: I) a continuous Class I multi-use path along
the north side of Tank Farm Road, 2) City standard 6.5 foot wide Class 11 bike
lanes on the north and south sides of Tank Farm Road between the east and
west boundaries of the entire Project Site along with appropriate transitions to
existing Tank Farm Road, 3) a Class I multi-use path between Tank Farm Road
and the southern limits of the Project Site connecting to the 'Avila Ranch'
development project, 4) a Class I multi-use path through the north-west portion
of the property (old Chevron Collector street location) with a provision to allow
construction of a City sewer connection to the lift station, and 5) a Class I
multi-use path through the north-east portion of the site linking the properties to
the east to the Tank Farm Road/Santa Fe Road intersection. The precise
alignment of these Class I paths shall be subject to the approval of the
Community Development and Public Works Directors.
'F-3b Site Access (Northwestern Parcel): Prior to the occupancy of Phase I
buildings/development, the Applicant shall redesign its major access to the
northwestern parcel so that it is consolidated with adjacent parcels to minimize
the potential for vehicular, bicycle, and pedestrian conflicts and to prevent a
break in the median on Tank Farm Road. The recommended consolidated
access point is proposed as a part of Tentative Tract Map 3009 and would
require coordination with other property owners.
Findings After implementation of mitigation measures, the transit, bicycle, pedestrian,
and site access/on-site circulation impacts would be not significant with
mitigation (Class II).
Supportive Evidence:
Bicycle Analysis -The Project proposes the several changes to the planned bicycle facilities within or
along the Project site, including but not limited to, 1) Instead of a Class I bike path on both sides of
Tank Farm Road (per ff I above), the Project would construct a single 12-foot multi-use path in a 20-
foot easement on the north side of Tank Farm Road; and, 2)The Project would not construct the Class I
bike path connecting Tank Farm Road to Buckley Road along Tank Farm Creek. These inconsistencies
with the City's Bike Plan could result in a discontinuous bicycle network and the potential for
uncontrolled crossings of Tank Farm Road, which are potentially significant impacts.
Pedestrian Analysis - While detailed site plans are not available at this time, the preliminary plans
provide typical public street cross-sections illustrating the planned pedestrian facilities within the
developed portions of the site. The Project would provide sidewalks along both sides of all public roads
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
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Transportation and Circulation
on the site, including Roads A, B, and C, Santa Fe Road, and Tank Farm Road. Most sidewalks would
be separated from the roadway by a planter area and, in some cases, a parking lane. In addition to
sidewalks, the planned Class I bike paths adjacent to Tank Farm Road, Prado Road, and along the East
Fork of San Luis Obispo and Acacia creeks would also serve pedestrians, so inconsistencies with the
BTP could result in a discontinuous pedestrian network and the potential for uncontrolled crossings of
Tank Farm Road, which are potentially significant impacts.
Site Access - Vehicular site access to the northeastern portion of the Project Site from the south is
proposed via Santa Fe Road, and a driveway on Tank Farm Road serving the northwestern parcel of the
Project Site. Once complete, the Prado Road extension will provide an additional route to access the
northeastern portion of the Project Site from the north via Santa Fe Road. The following potential
impacts related to site access have been identified: 1)Tank Farm Road/Santa Fe Road: Under Existing
plus Project conditions during the a.m. peak hour, the eastbound left turn movement would exceed the
storage capacity of the turn pocket and spill back on to Tank Farm Road, which could create a
potentially unsafe situation. The 95th percentile queues are projected to exceed 350 feet, thereby
blocking through traffic; and 2)Tank Farm Road/Northwestem Parcel Driveways: Two driveways are
proposed on Tank Farm Road at the northwestern parcel (i.e., an eastern and a western driveway which
are approximately 200 feet apart). The eastern driveway would be a right in/right out only access point
and the western driveway would permit all turning movements. The northwestern parcel would
generate its highest level of traffic during the p.m. peak hour, with 31 vehicles entering and 59 exiting.
The western full-access driveway would be located less than 200 feet from other driveways to the east
(i.e., the "eastern driveway" referenced above) and west (off of the Project Site). This full access
driveway would require a median break, which conflicts with the AASP plans for the Tank Farre Road
cross-section. Given the proximity of adjacent driveways and the amount and speed of traffic on Tank
Farm Road, in order to maintain roadway capacity and reduce safety concerns, it is recommended that
left-turn access to the northwestern parcel be consolidated into one location only with adjacent parcels
to minimize the potential for vehicular conflicts. One potential consolidated access point is proposed in
Tentative Tract Map 3009, and would require coordination with nearby property owners.
On-site Circulation - Detailed plans showing on-site circulation have not yet been prepared. If
improperly designed, site access and internal circulation could result in hazardous conditions for
cyclists, pedestrians, and transit users. This is a potentially significant impact.
Parking - Parking for each of the components of the Project would be based upon what is required by
code. Adequate code required parking for the components of the Project would need to be verified
upon application for building permits. No parking impacts are anticipated with this Project.
Impact TA The proposed construction phasing plan would disrupt vehicle and bicycle
travel for an extended duration, and the proposed truck routes are inconsistent
with the City's Circulation Element. Construction activities related to the
Project could result in potentially significant impacts to roadways in the Project
vicinity due to the potential obstruction of heavy vehicles.
Ditigation T-4 Prior to issuance of applicable construction permit, the Applicant
shall submit a construction traffic management plan that includes a revised
phasing plan
Findings After implementation of mitigation measures, construction-phase vehicle and
bicycle impacts would be not significant with mitigation (Class II).
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
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Transportation and Circulation
Supportive Evidence:
Truck Routes -The City's truck routes, which include Tank Farm Road, South Higuera Street, Prado
Road, and U.S. Highway 101. The truck route for transporting materials to and from destinations to the
south on U.S. Highway 101 is proposed via either the Los Osos Valley Road interchange or the South
Fliguera Street interchange. Access to and from destinations to the north on U.S. Highway 101 is
proposed via either the Los Osos Valley Road interchange or the Prado Road on-ramp. Site access
would be provided via a single access point on Tank farm Road controlled by a temporary traffic
signal. The City's truck route map and on-street signage indicate that Los Osos Valley Road is not a
truck route. The Project's truck routes are therefore inconsistent with the City's Circulation Element.
Construction Traffic - An estimated 1,624 total truck round trips per phase of the Project would be
required for the delivery of construction materials and equipment, with a peak intensity of 110 daily
truck round trips. Approximately 150 employees would work on site, resulting in approximately 150
daily round trips. The Project's infrastructure phasing plan shows that the construction of frontage and
surface improvements to Tank Farm Road are planned to occur in a discontinuous manner over the first
four phases. Similarly, the Class I bike path along Tank Farm Road would be constructed piece by
piece, and would not be continuous until Phase 5 of the Project is complete. This phasing plan would
result in persistent construction activities throughout the development of the Project, and would require
many redundant truck trips as staging and equipment delivery would have to occur as each phase's
infrastructure improvements are constructed. This level of construction would substantially disrupt
vehicle and bicycle travel.
Geological and Soil Resources
Impact Construction activities and grading may cause erosion-induced siltation of
GRA nearby waterways as a result of ground disturbing activities.
Mitigation GR-4a Prior to the issuance of the applicable building permit, the Applicant
shall prepare a construction Storm Water Pollution Prevention Plan (SWPPP)
by a Qualified SWPPP Developer(QSD) certified professional for the
development Project for review and approval by the City. The plan shall
include features meeting the construction activities best management practices
and the applicable provisions of the erosion and sediment control best
management practices (ESC-1 through ESC-56) published in the California
Storni Water Best Management Practice Handbooks (Construction Activity)
and best management practices (CD-4(2)) of the Caltrans Storm Water Quality
Handbooks, Construction Contractor's Guide and Specifications, to ensure that
every construction site meets the requirements of the regulations during the
time of construction. Further, the plan shall ensure compliance with and
enrollment under the State Water Board General Construction Permit.
GR-4b Prior to the issuance of the applicable building permit, the Applicant
shall prepare an Erosion Control Plan and Wet Weather Plan for review and
approval by the City of San Luis Obispo. The plan shall detail the best
management practices that will be used on the site to control erosion and
sedimentation to be implemented during all development activities. The plan
shall include at least the following measures unless other erosion control
measures are specified in the agency approved SWPPP:
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
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Geological and Soil Resources
a. Graded areas shall be stabilized with riprap (i.e., crushed stone) or other
ground cover as soon as grading is completed. The surface of slopes
shall be roughened during the construction period to retain water,
increase infiltration, and facilitate establishing vegetation. Tracked
machinery shall be operated up and down (parallel with) slopes to leave
horizontal (perpendicular) depressions in the soil, which run across the
slope, on the contour.
b. Slope breaks, such as diversions, benches, or contour furrows shall be
constructed to reduce the length of cut- and fill-slopes, thus limiting
sheet and rill erosion and preventing gully erosion.
c. Sediment barriers shall be used around construction areas to retain soil
particles on-site and reduce surface runoff velocities during rainfall
events. Sediment barriers could include straw bales, silt fences, and
gravel and earth berms. Silt fences shall be installed per specification on
slope contours in areas where shallow overland flow is anticipated.
d. Temporary and permanent drainages shall be employed, as necessary, to
reduce slope erosion and prevent damage to construction areas. Sheet
flow across or toward a disturbed area shall be intercepted and conveyed
to a low to moderate gradient (1 to 5 percent slope) sediment basin,
erosion-resistant drainage channel, or a level, well-vegetated area.
Drainages would include swales, diversion dikes, and slope drains.
e. Water bars, rolling dips, and out-sloping roads shall be constructed as
part of new road construction to disperse runof7'and reduce the erosive
forces associated with concentrated flows.
Findings After implementation of mitigation measures, erosion-induced siltation of
nearby waterways impacts would be not significant with mitigation (Class ll).
Supportive Evidence: Grading and building activities associated with the development may
cause an increased potential for short-term erosion and sedimentation of local and nearby
drainages. Water and wind erosion of the stockpiles and loose dirt could impact surface water
run-off. Sedimentation into local creeks would be a potentially significant impact. State and
County requirements shall be implemented throughout construction, reducing the potential for
off-site sedimentation. The Applicant would be required to prepare a Storm Water Pollution
Prevention Plan (SWPPP) by/for the Central Coast Regional Water Control Board.
Impact Moderately expansive soils prone to swelling and shrinking from increased or
GR.5 decreased water content could damage proposed structures and infrastructure,
resulting in loss of property and risks to human health and safety.
N-litigation GR-5a Expansive soils should be mitigated by the over-excavation and
replacement of non-expansive soils for all buildings and structures, as approved
by the City of San Luis Obispo. Alternatively, all construction for buildings
shall use thickened slabs, extended slab edges, and additional reinforcement to
reduce negative impacts from any expansive soil movement. Several equivalent
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Geological and Soil Resources
remedial measures may be implemented that are standard construction and
mitigation measures. In addition, capillary breaks shall be used under slabs to
address the potential for moisture transport and pumping that leads to moisture
infiltration as a result of heat and moisture gradients where buildings are
sensitive to moisture infiltration. All remedial measures, designs, and
calculations shall be prepared by a registered civil engineer, and shall be
reviewed and approved by the City prior to issuance of the applicable building
permits.
CR-5b The Applicant shall use low- to non-expansive soils for slab, trench
backfill, and pavement support to eliminate risk, which can be accommodated
by importing select materials. Select grading techniques could utilize the
granular soils on-site for subsequent use. Altematively, an equivalent remedial
measure to mitigate expansive soils may be implemented where the appropriate
design and calculations prepared by a registered civil engineer, demonstrate a
suitable design, and have been reviewed and approved by the City prior to
issuance of the applicable building permits.
G R-5c Soils shall be properly compacted as specified by a registered civil
engineer. The registered civil engineer should also specify the appropriate soil-
water content for expansive soil mitigation. The compaction levels and soil-
water content shall be approved by the City prior to issuance of the applicable
building permit.
Findings After implementation of mitigation measures, impacts related to shrinking and
swelling the ground and damage to buildings impacts would be not significant
with mitigation (Class II).
Supportive Evidence: The on-site soils consist of interlayers of sand, silt and clay. The clay
layers present a potential for moderate expansivity, though laboratory soils testing will be
necessary during the development phase to determine the magnitude of the expansion
potential. Expansive soils can heave foundations and slabs. These adverse effects could i
damage or cause catastrophic failure to structures and components, which could result in a
significant impact. Foundations for structures and slabs constructed on expansive soils require
special design considerations to mitigate the hazard.
Impact Compressible soils that underlie the site will be prone to excessive settlement
GR.7 that could adversely affect the proposed development and improvements.
il7itigation GR-7 Prior to the issuance of the applicable building permit, the Applicant
shall have a registered civil engineer prepare a geotechnical report based on the
proposed development to the magnitude of total and differential settlements and
time rates f'or waiting during construction. The report shall be submitted to the
City for review and approval. The report shall discuss the measures that have
been taken to ensure that the primary settlement is within acceptable limits for
the proposed development. Acceptable measures could include but are not
limited to:
a. Surcharging the proposed building sites with fill for a specified time
frame. Settlement monuments shall be required to measure the total
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Chevron Tank Farm Project
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Geological and Soil Resources
settlement. The results of the survey shall be presented to the City for
review and approval and should include time rate plots to demonstrate
that at least 90 percent (00) of the primary settlement (or as determined
necessary) has occurred before any further construction of structures in
the area.
b. Partial or complete over-excavation of the clay layers and replacement
with gravel drain layer and engineered fill. Settlement monuments shall
be required to measure the total settlement. The results of the survey
shall be presented to the City for review and approval and should
include time rate plots to demonstrate that at least 90 percent (00) of the
primary settlement (or as determined necessary) has occurred before any
further construction of structures in the area.
i
C. Support structures on deepened foundations that extend thru the soft or
unsuitable layers and derive support from suitable materials. Where
necessary, the piles shall be required to be designed to withstand
negative friction as necessary. Various foundations schemes will require
specific design criteria, but are typical to these types of mitigation
measures and should follow custom and practice in the industry.
d. Perform in-situ remedial measures, such as sand drains, to accelerate
and mitigate the anticipated settlements. Various schemes will require
specific design criteria, but are typical to these types of mitigation
measures and should follow custom and practice in the industry.
Findings After implementation of mitigation measures, impacts compressive soils and
settlement would be not significant with mitigation (Class 11).
Supportive Evidence: Consolidation tests performed on the site identified that the site is
underlain by normally to low pressure over-consolidated clay layers. Depending on grading,
building location, and other factors, settlements may be on the order of 1 to 4 inches. No time-
rates calculations or information to assess was provided in the report to determine waiting
periods. This order of settlement poses the potential to damage remediation areas, buildings,
pipelines and roadways and render them unusable, resulting in a hazard to public health and
safety. Excessive settlement would pose a significant hazard to the Project
Noise and Vibration
Impact N.3 Construction activities associated with the construction of the City
Development Plan could increase noise levels in the area.
Mitigation N.3 Implement mitigation measures N-la, N-16, and N-lc.
N-1 a Prior to issuance of applicable grading permit, the Applicant shall
ensure that the crushing plant is located at least 1,500 feet away from any
residential receptor or an equivalent distance or is treated with some other form
of acoustical mitigation (e.g., located within an enclosure) to ensure noise levels
at the closest residential receptor are below 60 df3A. The location of the
I
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
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Noise and vibration
crushing plant shall be identified on the site plan for the grading pennit. If noise
reducing measures are applied instead of increased distances, vibration
calculations shall be performed to demonstrate that vibration impacts would
remain below the applicable thresholds.
N-1 b The Applicant shall ensure that all construction activity at the Project
Site (including deliveries and arriving and departing workers) is limited to the
hours from 7:00 a.m. to 7:00 p.m., Monday through Friday, and prohibit
activities on Saturdays, Sundays, and federal holidays. If activities outside this
timeframe occur, noise monitoring shall be established to demonstrate that
applicable noise codes are not exceeded. This shall be a note placed on all
construction plans.
N-Ic Prior to issuance of applicable grading pennit, and throughout
construction, the Applicant shall ensure that all construction machinery is
maintained according to the manufacturers' specifications and ensure that
mufflers and silencers are maintained properly. Back-up OSHA noise indicators
shall be ambient sensitive and self-adjusting to minimize backup indicator noise
or flaggers shall be used in the place of backup alarmis (as allowed by OSHA).
Findings After implementation of mitigation measures, construction-related increases in
noise levels would be not significant with mitigation (Class II).
Supportive Evidence: Noise would be generated by a number of different construction equipment
operating at different times during the construction phase of the Project. The peak activities that could
produce the peak off-site noise levels would be associated with activities on the east end of the Project
Site, such as activities during Phase I located immediately west of the Mobile Home park. Activities at
these locations would include minor grading, building construction, and paving activities. Noise levels
off-site were estimated utilizing the FFIWA Roadway Construction Noise Model. Construction
activities at the far east end of the Project Site north of Tank Farm Road would generate Leq noise
levels at the Mobile Home park of 68.7 dBA, which would be below the intermittent, short-term
allowable noise level for mobile equipment of 75 dBA during daytime hours. None of the construction
activities would utilize stationary equipment. Mitigation measures N-la, N-lb, and N-lc would still be
applicable as construction equipment, if not properly maintained or operated during hours that are
outside of the allowable hours in the Municipal Code, could produce significant impacts.
Impact N.5 Development within the ALUP single event noise contours could cause the
development to be exposed to unacceptable noise levels.
Mitigation N-5 Prior to issuance of applicable construction pennit, the incorporate
noise reduction measures into the development design (i.e., extra insulation or
thicker walls, window design) for all applicable land uses that would be located
within the ALUP noise contours (-tentative Tract Map, Lot 1, 10, 12, 15, 16, 18
and portions of 6 and 14 within the 75 dBA contour and all or most of the
remaining plots within the 65 dBA contour). Noise mitigation shall result in
noise levels being at or below acceptable levels specified in the ALUP. Noise
reduction measures shall clearly be identified with construction permit
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
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Noise and Vibration
applications.
Findings After implementation of mitigation measures, single event noise impacts related
to SLOCRA would be not significant with mitigation (Class 11).
Supportive Evidence: The ALUP requires mitigation for projects that propose development
within the noise contours associated with the airport operations. Some portions of the Project
would be potentially placed within these noise contours, specifically portions of the City
Development Plan (Tentative Tract Map, Lot I, 10, 12, 15, 16, 18 and portions of 6 and 14
within the 75 dBA contour and all or most of the remaining plots within the 65 dBA contour).
Development within these areas, including offices, hotels, restaurants, would require additional
attenuation built in to the construction design in order to ensure that indoor noise levels are
below the ALUP standards.
Aesthetics and Visual Resources
Impact The City Development Plan component of the Project would degrade the
AE.2 existing visual character or quality of the site and its surroundings.
Mitigation AE-2 Prior to issuance of applicable construction permits, the Applicant
shall ensure that all development projects are reviewed for consistency with the
San Luis Obispo County Airport Land Use Plan, the Airport Area Specific Plan
design guidelines outlined in Section 5.0 Community Design, and the City's
Community Design Guidelines as part of the City Architectural Review
process.
Findings After implementation of mitigation measures, impacts related to degradation of
the visual quality of the site and surrounding area would be not significant with
mitigation (Class 11).
Supportive Evidence: With the removal of the Flower Mound in the northeastern portion of the
Project Site, subsequent grading and ultimate development of the Santa Fe Road extension and
commercial services buildings, landscaping, and parking lots, the visual character of that portion of the
Project Site would change from one of vacant, natural topography to one with physical development
and intense use. This increasing change to the existing visual character would extend to other portions
of the Project Site(west end, Tank Farm Road, and north and south sides of Tank Farm Road on the
east end) as all five phases of the Project are built. The quiet, serene environment currently enjoyed at
the Project Site would give way to sustained increases in vehicle and truck traffic, construction
equipment, earthwork stockpiles, man-made structures, and associated lighting and glare. With respect
to the area in which the Project Site is located, the issue of aesthetic impacts was reviewed during the
adoption of the City's General Plan and adoption of the AASP. The conclusion was reached within
Section 9.0 of the Land Use Element/Circulation Element Update FEIR that urbanization would
irreversibly change the visual character of the south end of the City from that of a low density semi-
rural area to a more intensely developed, suburban area. This was classified as a significant,
unavoidable impact in the Airport Margarita Area EIR. The City Development Plan, however, does
include features aimed at reducing impacts to the existing visual character and quality of the Project
Site and its surroundings. In general, restoration planting would be conducted throughout the Project
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
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Aesthetics and Visual Resources
Site to maintain consistency with the native plant community structure and composition of the Project
Site, removal of the power lines and power poles adjacent to project development frontage along,rank
Farm Road and the removal of chain link fencing would serve to enhance the visual quality of the
views along Tank Farm Road. A 14-foot wide landscaped median and the installation of a multi-use
pathway/bikeway would also serve as an example of enhancements along,rank Farm Road.
Over the years, the rural character of the surrounding area has been gradually encroached upon by
residential, commercial and industrial development. While the Project would continue this trend, the
above features would provide relief to the visual impacts generated by the Project, in addition to the
substantial design standards contained in the RASP and the City and County General Plans.
Implementation of these design standards would reduce the impact to the existing visually rural
character of the Project Site and its surroundings.
Impact The Project would generate a new source of substantial light or glare which
AE.3 would adversely affect day or nighttime views in the area.
Mitigation AE-3 Prior to issuance of-applicable construction permits, the Applicant
shall submit a lighting plan and lighting operation schedule for review and
approval. The lighting plan shall demonstrate that direct views of light sources
are shielded from nearby residences. The lighting schedule shall describe the
number, location and amounts of lights, and the proposed hours of operation for
the entire property. The lighting schedule shall propose the minimum number of
lights, level of illumination, and hours of operation allowed by City codes and
ordinances, including the City's Night Sky Ordinance. The approved lighting
schedule shall become a required condition of the lease between the property
owner and any tenant on the Project Site.
Findings After implementation of mitigation measures, impacts related to light and glare
would be not significant with mitigation (Class 11).
Supportive Evidence: The City Development Plan for urban uses would result in an increase in
daytime/nighttime light and glare, including the residences off of Prado Road and Margarita Avenue
northwest of the Project Site and residences in the Bidden Hills Mobile Lodge. These increases would
be the result of new lighting at service commercial, business park, and public facility uses, such as a
ball field, over the course of the 25-year development schedule. Further, while the types of lighting and
their exact locations are not specified at this point, the development would increase the amount of light
into adjacent areas, including airport lands, as well as those residential areas identified above.
Over the years, the surrounding area has been gradually encroached upon by residential,
commercial and industrial development. The development would add to the existing lighting
currently generated from these adjacent areas, such as the industrial subdivision to the west of
the Project Site and the Damon-Garcia Sports Fields to the northeast. Lighting design features,
such as shielding and a restrictive lighting schedule, could be implemented to reduce the
lighting and glare impact.
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
Page 36
Hazards and Hazardous Materials
Impact Potential health risk from exposure to residual contamination following site
1-IM.6 cleanup and development.
Mitigation IIM-6 Prior to recordation of applicable tract map, the Applicant shall
include deed restrictions on development parcels identifying specific limits on
trenching activities and procedures for conducting subsurface construction
activities. The Applicant shall maintain responsibility for air quality monitoring
during any subsurface excavation activities.
Findings After implementation of mitigation measures, health risk from exposure to
residual contamination impacts would be not significant with mitigation (Class
I I).
Supportive Evidence: Proposed soil caps located below areas being constructed upon would
require long-term monitoring and maintenance. Institutional controls would include deed
restrictions limiting land use to commercial and industrial purposes; excavation notification
requirements; a soil management plan; groundwater use restrictions in affected areas; and a
vapor barrier requirement for any new buildings constructed in a particular Operation Unit,
which would protect the building occupants from possible vapors from the underlying
hydrocarbons. Chronic health risks for intrusive workers was considered less than significant
due to limited exposure duration. However, during construction activities, such as trenching
for utilities and foundations, there is some potential for short-term acute exposure to workers
and damage to the containment cap. Soil caps of at least 4 feet in thickness has been proposed
which is sufficient for utility installation. Trenching depths up to 10 feet could occur in some
areas, but not in the areas that will utilize a soil cap. however, it is possible that intrusive
workers could over-excavate in the area of the soil cap, resulting in potential acute exposure to
residual contamination.
Impact Potential risk associated with the future use of acutely hazardous materials in
HM.8 the SLOCRA safety areas.
11itigation HNl-8 The Applicant shall include deed restrictions on development parcels
limiting on-site storage of AHMs to amounts less than the reportable quantities
as currently defined in California Health and Safety Code §2770.5, California
Accidental Release Program (CaIARP) List of Substances, and California Code
of Regulations §5189, Process Safety Management of Acutely Hazardous
Materials, Appendix A.
Findings After implementation of mitigation measures, risk impacts associated with the
future use of acutely hazardous materials in the SLOCRA safety areas would be
not.signiijicmn with mitigation (Class 11).
Supportive Evidence: Businesses associated with the future development scenario could
potentially utilize chemical substances that are defined as Acutely Hazardous Materials
(AHM). California Health and Safety Code §2770.5, California Accidental Release Program
(CaIARP) List of Substances, and California Code of Regulations §5189, Process Safety
Management of Acutely Hazardous Materials identify AHMs and reportable quantities. The
I
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
Page 37
Hazards and Hazardous Materials
storage of large quantities of AHMs in SLOCRA Safety Area S-1 would have the potential to
result in a significant accidental release in the event of an aircraft strike.
Public Services and Utilities
Impact Build-out of the City Development Plan could increase demand for fire
PS/U.5 protection services.
Mitigation PS/U-5a The Applicant shall deed to the City property at the Project Site that
the City could use for the development of a public Fire Station.
PS/U-5b Development shall only be approved when the City deems that
adequate fire suppression services and facilities, consistent with adopted travel
time standards, are available, or will be made available concurrent with
development at the Project Site. If, at time of development it is determined that
the development site is outside of adequate response time zones, feasible
options to enhance emergency access to the development sites may include but
are not limited to the following:
I
a. Completion of transportation improvements that improve emergency
services travel time to proposed development sites.
b. Co-location of City fire services with existing Cal Fire facilities located
on Broad Street
c. Establishment of fire facilities within a closer proximity to the
development site that meet or exceed adopted travel time standards.
d. Developer/Applicant financing of other improvements that will
contribute to alleviating current deficiencies as identified in the SLOFD
Master Plan.
i
Findings After implementation of mitigation measures, demand to fire protection
services impacts would be nor significant with mitigation (Class 11).
Supportive Evidence: The City Development Plan could create increased demand for fire protection
services due to structure fires, hazardous material spills associated with some of the possible
commercial services land use that would be allowed by the City zoning, paramedic response, wildfire,
etc. The Project Site is in a Moderate Fire Severity Zone, which means there is not a substantial
wildfire hazard. The site is currently surrounded primarily by agricultural land, but the area is seeing
increased levels of commercial and residential development. The Project Site also contains large
wetland areas. All of these factors would reduce wildfire hazards for the Project Site.
Development at the Project Site would have to meet all of the requirements of the City of San Luis
Obispo Fire Standards and applicable provisions of the California Fire Code. This would include items
such as installation of fire water supplies and hydrants throughout the development, building
sprinklers, adequate fire department access, proper placement of street numbers, water supply capable
of providing adequate fire flow, installation of fire protection systems and equipment in buildings,
portable fire extinguishers, etc.
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
Page 38
Public Services and Utilities
According to the SLOFD Master Plan, the Project Site lacks four-minute primary unit
response coverage for emergency calls. The nearest City fire station is located about 2.5 miles
from the Project Site. However, the City has a mutual aid agreement with CALFIRE, and the
response time for CALFIRE to the Project Site is about four minutes. The nearest CALFIRE
station is located about two miles from the Project Site. In the short-term, by adhering to a
reciprocal agreement that advises both CALFIRE and SLOFD to each send one fire engine
during a fire emergency, adequate fire-fighting resources would be provided for the Project
Site. Given that the City Development Plan would occur over a 25-year period, and the fact
that the SLOFD response time to the Project Site would not be consistent with the travel time
standards adopted by the City in the SLOFD Master Plan, the impacts to fire protection
services would be considered potentially significant.
Agricultural Resources
Impact The City Development Plan would involve other changes in the existing
AR.5 environment which, due to their location or nature, could result in conversion of
farmland to non-agricultural use.
Mitigation AR-5 The Applicant shall design the development for the Northwest
Operations Area such that the buildings are located near the eastern edge of the
parcel. This mitigation measure would not apply if the agricultural property
adjacent to the Northwest Operations Area has received entitlements from the
City to develop the property prior to development of the Northwest Operations
Area.
Findings After implementation of mitigation measures, impacts related to conversion of
farmland to non-agricultural uses would be not signtJicnnr Wild mitigation
(Class II).
Supportive Evidence: The Applicant has proposed to conduct most of the grading for the
development pads as part of the remediation activities. Dust generation during the development phase
of the project would be limited to the final grading. This could result in a short-term significant impact
to row crop productivity. Further, there is potential after build out and operational activities commence
that agricultural activities on the property adjacent to the Northwest Operations Area could create
health-related and nuisance conflicts with occupants (employees and customers) in the form of
pesticides, dust, odors and noise. However, in accordance with the Califomia Civil Code "The Right
To Farm Act"(Sections 3482.6 & 3482.6), this pre-existing agricultural use is not to be considered a
nuisance. Therefore, the development at the Northwest Operations Area would continue to be subject
to those inconveniences or discomforts arising from the adjacent agricultural operations. The potential
impacts on the development could be potentially significant.
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
Page 39
IX. Potential Significant Unavoidable Effects for Which Sufficient Mitigation is
not Feasible
Air Quality
Impact Operational activities associated with the City Development Plan would
AQ.7 generate diesel particulate and fugitive dust emissions that exceed SLOAPCD
thresholds.
Mitigation AQ-7 Implement mitigation measure AQ-6b.
Findings After implementation of mitigation measures, the project diesel particulate and
fugitive dust emission operational impacts would remain significant (Class 1)
due to diesel particulate and fugitive dust emissions exceeding SLOAPCD daily
operational thresholds.
Supportive Evidence: Emissions associated with the operational phases of City Development Plan
would generate diesel particulate and fugitive dust emissions due to activities at each site that would be
a function of land use, employee vehicles, and delivery of materials to each site. Operations would
occur associated with each of the five phases of development and would increase cumulatively every
five years associated with the five phases of development.
Emissions were estimated using the CaIEEMod modeling program for each phase along with the
associated land uses defined in the Project Description. Each phase and land use was entered into the
CaIEEMod program. Inputs were utilized as described in the SLOAPCD CaIEEMod information sheet.
Most other inputs utilized the CaIEEMod defaults. Emissions associated with each phase of the City
Development Plan are tabulated individually and are shown in Table 4.1-14 and 4.1.15. Additional
emissions would occur cumulatively during each phase of the City Development Plan until final build-
out in 2040, which is also shown in Table 4.1-14 and 4.1.15.
Transportation and Circulation
Impact T.5 The addition of Project traffic would cause nine intersections and two freeway
segments to operate at unacceptable levels under Cumulative conditions.
Mitigation T-5a South I-liguera Street and Prado Road — Prior to the occupancy of
each phase of development, the Applicant shall participate in their pro-rata
share of the right-of-way acquisition and intersection improvements to achieve
LOS D operations. These improvements include: installation of second left turn
lanes on the northbound, southbound, eastbound approaches; the addition of
right turn lanes on the northbound and southbound approaches; and the addition
of overlap phases on the eastbound and westbound approaches as determined
by the City and the level of impact associated with the contribution of either the
City or the County Development portions of the Project. This project is not
included in the City's Transportation Impact Fee program or the AASP or
MASP impact fee programs. Due to its size and complexity, the City should
consider amending this project into one of the City's impact fee programs. If
amended into an impact fee program, the Project shall pay impact fees in
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
Page 40
Transportation and Circulation
accordance with the amended fee program.
'1'-5b Los Osos Valley Road and U.S. 101 Southbound Ramps/Calle
Joaquin —The Applicant shall participate in their pro-rata share of design and
installation of a northbound left tum lane added to the future improvement on
the Calle Joaquin approach, as determined by the City and the level of impact
associated with the contribution of either the City or the County Development
portions of the Project. This project is currently contained in the City's TIF
program as part of the Los Osos Valley Road Interchange Project however it
will be not be constructed as part of the Interchange project currently underway.
'1'-5c South Higuera Street and Tank Fann Road — Prior to the occupancy
of Phase I buildings/development, the Applicant shall participate in their pro-
rata share of the design and installation of a second westbound right turn lane
with an overlap phase concurrent with the southbound left and a second
southbound left turn lane, as determined by the City and the level of impact
associated with the contribution of the City Development portions of the
Project.
T-5d South Fliguera Street and Vachell Lane— Prior to the occupancy of
each phase of development, the Applicant shall participate in their pro-rata
share of the design and installation of the extension of Buckley Road to South
Higuera Street. The AASP impact fee program contains part of the cost '
associated with the Buckley Road extension, but the impact fee program needs
to be updated to reflect new project cost estimates and permitting requirements.
T-5c South Higuera Street and Los Osos Valley Road—The applicant shall
participate in their pro-rate share of either(I) The right-of=way acquisition,
design, and installation a second southbound through lane, second southbound
right-tum lane, and an eastbound right tum overlap signal phase concurrent
with the northbound left turn; or (2) The extension of Buckley Road to the Los
Osos Valley Road interchange (LOVR Bypass). This project is not currently in
the City's Circulation Element and is not contained in any impact fee programs
established by the City or County. It is cumulative in nature and the City shall
add this project into the TIF or AASP if the Circulation Element Update
identifies it as an appropriate infrastructure improvement.
T-5f Santa Fe Road and Tank Fanm Road — Mitigation measure T-3a
would also mitigate this cumulative impact.
T-5g Broad Street and Tank Farm Road — Prior to the occupancy of each
phase of development, the Applicant shall participate in their pro-rata share of
the design and installation of a northbound right turn lane, a southbound right j
tum overlap phase concurrent with the eastbound left, and conversion of the
westbound right turn lane to a shared through right turn lane.
T-5h Broad Street and Buckley Road— Prior to the occupancy of each
phase of development, the Applicant shall participate in their pro-rata share of
the design and installation of a second northbound through lane and a second
southbound through lane.
T-5i Broad Street and Prado Road — Prior to the occupancy of each phase
City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
Page 41
Transportation and Circulation
of development, the Applicant shall participate in their pro-rata share of the
design and installation of a second northbound left-turn lane.
Findings After implementation of mitigation measures, cumulative operational impacts at
nine intersections and two freeway segments would remain significant (Class 1)
due to exceedance of the City's LOS threshold and the possibility of the
applicant not being able to obtain the necessary, privately owned, right-of-way
to make improvements to intersections; and, due to the fact that no mitigation
measures are available (specific to the improvements to U.S. Highway 101).
Supportive Evidence: The FEIR analysis examined the potential impacts of the Project in the
timeframe when it may actually be constructed and operational (i.e., approximately 27 years from date
of approval, including the remediation phase). This scenario includes development associated with the
buildout of the City's General Plan, as well as the infrastructure improvements detailed below. Future
year traffic forecasts were developed using the City's Travel Demand Forecasting Model, which
estimates future traffic levels resulting from the development of currently vacant parcels in the City.
The following intersections have been identified as having Cumulative conditions that are potentially
substandard to adopted City thresholds. Impacts from the project are cumulatively considerable and
may have potentially significant impacts under Cumulative with Project traffic conditions. These
locations are:
• South I liguera Street and Prado Road—The addition of Project traffic creates significant traffic
impacts during the a.m. and p.m. Peak Hours.
• Los Osos Valley Road and Southbound U.S. Highway 101 On/Off Ramps—The addition of
Project traffic creates significant traffic impacts during the a.m. and p.m. Peak flours.
• South Higuera Street and Tank Farm Road—The addition of project traffic creates significant
traffic impacts during the a.m. and p.m. Peak Hours.
• South Higuera Street and Vachell Lane—The addition of Project traffic creates significant
traffic impacts during the a.m. and p.m. Peak Flours.
• Los Osos Valley Road and South 1-liguera Street—The addition of Project traffic creates a
significant traffic impact during the p.m. Peak Hour.
• 'rank Farm Road and Santa Fe Road—The addition of Project traffic creates a significant
traffic impact during the p.m. Peak hour.
• Broad Street and'rank Farm Road—The addition of Project traffic creates significant traffic
impacts during the a.m. and p.m. Peak Hours.
• Broad Street and Buckley Road—The addition of Project traffic creates a significant traffic
impact during the p.m. Peak Hour.
• Prado Road and Broad Street—The addition of Project traffic creates a significant traffic
impact during the a.m. peak hour.
The Project would result in a significant and unavoidable impact to U.S. Highway 101, worsening
unacceptable operations on both study segments. No feasible mitigation measures have been identified,
and a Major Investment Study has yet to be performed identifying long term improvements necessary
for U.S. Highway 101 between Los Osos Valley Road and Monterey Street off ramps within the City
of San Luis Obispo. A mobility study for the US 101 corridor is currently being conducted by
SLOCOG and will review these issues. The long term impacts of this Project, as well as all other
County development, remains significant and unavoidable along U.S. Highway 101.
II
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City of San Luis Obispo CEOA FINDINGS Exhibit A
Chevron Tank Farm Project
Page 42
X. Mitigation Monitoring and Reporting Program
Section 21081.6 0£the Public Resources Code requires that when a public agency is making findings
required by State CEQA Guidelines Section 15091(a)(1), 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 Chevron
Tank Farm Project contained in Appendix K, Volume It of the FEIR 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.