HomeMy WebLinkAboutR-10923 Final EIR for proposed Palm Nipomo Parking Structure ProjectRESOLUTION NO. 10923 (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, CERTIFYING THE FINAL EIR FOR THE
PROPOSED PALM NIPOMO PARKING STRUCTURE PROJECT,
WHICH INCLUDES FIVE LEVELS OF PARKING FOR UP TO 445
PARKING SPACES, 5,000 SQUARE FEET OF COMMERCIAL SPACE, A
NON-PROFIT THEATRE WITH APPROXIMATELY 24,000 SQUARE
FEET AND UP TO 290 THEATRE SEATS, A ZONE CHANGE AND
GENERAL PLAN AMENDMENT FROM THE CURRENT OFFICE (0)
ZONE AND MEDIUM-HIGH RESIDENTIAL (R-3) ZONE TO PUBLIC
FACILITY (PF) ZONE, FOR PROPERTY LOCATED AT 609, 610, 614, 630,
633 PALM STREET AND 970,972 NIPOMO STREET (EID-0349-2017)
WHEREAS, the City owns certain real property located at 609, 610, 614, 630 and 633 Palm
Street and 970 and 972 Nipomo Street (the Property); and
WHEREAS, the City has prepared a Draft Environmental Impact Report (Draft EIR) to
evaluate the potential environmental impacts of constructing a 445 -space parking structure, 5,000
square feet of commercial space and 24,000 square feet of theatre space on the Property (the
"Project"); and
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted a
public hearing on January 22, 2018 to provide feedback and comments regarding the Cultural and
Tribal Cultural Resources section of the Draft EIR; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing on February 28, 2018 to provide an opportunity for public input and provide feedback and
comment regarding the Draft EIR; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; 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, presented at said
hearing.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo
as follows:
SECTION 1: Final EIR, CEQA Findings Mitigation Measures and Mitigation Monitorin
and Reporting_Fro rgram,. Based upon all the evidence, the City Council hereby certifies the Final
Environmental Impact Report (FEIR State Clearinghouse Number 2017051011), adopts a Mitigation
Monitoring and Reporting Program, and adopts the following CEQA Findings and Mitigation
Measures related to the Palm Nipomo Parking Structure Project:
1. The Palm Nipomo Parking Structure Project FEIR was prepared in accordance with the California
Environmental Quality Act (CEQA) and the State CEQA Guidelines, adequately addressing
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impacts associated with the proposed Project; and
Page 2
2. The proposed Project is consistent with the requirements of the FEIR based on the attached
Findings and Statement of Overriding Considerations prepared consistent with CEQA Guidelines
Sections 15091 and 15093 and described more fully in the attached "Findings of Fact and
Statement of Overriding Considerations" document (Exhibit A) which are incorporated herein by
this reference.
3. All potentially significant effects were analyzed adequately in the referenced FEIR, and reduced
to the extent feasible, provided the following mitigation measures are incorporated into the
project and the Mitigation Monitoring and Reporting Program.
4. Final EIR Mitigation Measures will be incorporated into design and conditions of final approval
5. The project shall not be approved until such time that a general plan amendment and Zoning
designation changes are approved by the City Council.
FINAL EIR MITIGATION MEASURES
Aesthetics Mitigation
AES -3(a). Lighting Plan. Prior to issuance of building permits, the applicant shall prepare and submit
a comprehensive lighting plan for Architectural Review Committee review and approval. The
lighting plan shall be consistent with the Municipal Code Night Sky Ordinance, and prepared using
guidance and best practices endorsed by the International Dark Sky Association. The lighting plan
shall address all aspects of the lighting, including but not limited to all buildings, infrastructure,
driveways, paths, plazas, safety, and signage. The lighting plan must include identification of all
types, sizes, and intensities of wall mounted building lights and landscape accent lighting, and a
photometric map must be provided. The lighting plan shall include the following:
a. The point source of all exterior lighting shall be shielded from offsite views
b. Light trespass from exterior lights shall be minimized by directing light downward and
utilizing cut-off fixtures or shields
c. Illumination from exterior lights shall be the lowest level allowed by public safety standards
d. Exterior lighting shall be designed to not focus illumination onto exterior walls
e. Any signage visible from offsite shall not be internally laminated
AES -3(b). Glare Reduction. To minimize impacts on residential development in proximity to the
project site, roof and building materials shall be non -reflective, and shall be muted in hues consistent
with standards in the Community Design Guidelines, Section 6.1-C.
Air Quality Mitigation
AQ -1. Fugitive Dust Control Measures. Construction projects shall implement the following dust
control measures so as to reduce PM 10 emissions in accordance with San Luis Obispo Air Pollution
Control District (SLOAPCD) requirements.
• Reduce the amount of the disturbed area where possible
• Water trucks or sprinkler systems shall be used during construction in sufficient quantities to
prevent airborne dust from leaving the site. Increased watering frequency shall be required
whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water shall be used
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whenever possible
• All dirt stock pile areas shall be sprayed daily as needed
• Permanent dust control measures identified in the approved project revegetation and
landscape plans shall be implemented as soon as possible following completion of any soil
disturbing activities
• Exposed ground areas that are planned to be reworked at dates greater than one month after
initial grading shall be sown with a fast germinating, non-invasive grass seed and watered
until vegetation is established
• All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical
soil binders, jute netting, or other methods approved in advance by the SLOAPCD
• All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible
after grading unless seeding or soil binders are used
• Vehicle speed for all construction vehicles shall not exceed 15 miles per hour (mph) on any
unpaved surface at the construction site
• All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain
at least two feet of freeboard (minimum vertical distance between top of load and top of
trailer) in accordance with California Vehicle Code Section 23114
■ Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off
trucks and equipment leaving the site
• Sweep streets at the end of each day if visible soil material is carried onto adjacent paved
roads. Water sweepers with reclaimed water shall be used where feasible
• All of these fugitive dust mitigation measures shall be shown on grading and building plans
• The contractor or builder shall designate a person or persons to monitor the fugitive dust
emissions and enhance the implementation of the measures as necessary to minimize dust
complaints, reduce visible emissions below 20 percent opacity, and to prevent transport of
dust offsite. Their duties shall include holidays and weekend periods when work may not be
in progress. The name and telephone number of such persons shall be provided to the
SLOAPCD Compliance Division prior to the start of any grading, earthwork, or demolition.
AQ -2(a). Standard Control Measures for Construction Equipment. The following standard air quality
mitigation measures shall be implemented during construction activities at the project site:
• Maintain all construction equipment in proper tune according to manufacturer's
specifications
■ Fuel all off-road and portable diesel powered equipment with ARB certified motor vehicle
diesel fuel (non -taxed version suitable for sue off-road)
• Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off-
road heavy-duty diesel engines, and comply with the State Off -Road Regulation
■ Use on -road heavy-duty trucks that meet the ARB's 2007 or cleaner certification standard for
on -road heavy-duty diesel engines, and comply with the State On -Road Regulation
• Construction or trucking companies with fleets that do not have engines in their fleet that
meet the engine standards identified in the above two measures (e.g., captive or NOX exempt
area fleets) may be eligible by proving alternative compliance
• All on- and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall be
posted in the designated queuing areas and or job sites to remind drivers and operators of the
5 minute idling limit
• Diesel idling within 1,000 feet of sensitive receptors is not permitted
• Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors
• Electrify equipment when feasible
• Substitute gasoline -powered in place of diesel -powered equipment, where feasible
• Use alternatively fueled construction equipment onsite where feasible, such as compressed
natural gas, liquefied natural gas, propane or biodiesel
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AQ -2(b). Best Available Control Technology (BACT) for Construction Equipment. The following
BACT for diesel -fueled construction equipment shall be implemented during construction activities
at the project site, where feasible:
• Further reduce emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on -road
compliant engines where feasible
• Repower equipment with the cleanest engines available
• Install California Verified Diesel Emission Control Strategies, such as level 2 diesel
particulate filters (these strategies are listed at: www.arb.ca.gov/diesel/verdev/vt/cvt.htm)
AQ -2(c). Architectural Coating. To reduce ROG and NOX levels during the architectural coating
phase, low or no VOC-emission paint shall be used with levels of 50 g/L or less.
Blolodeal Resources Mitigation
BI0-1. Nesting Bird Protection. To avoid disturbance of nesting and special -status birds, activities
related to the project, including, but not limited to, vegetation removal, ground disturbance, and
construction and demolition shall occur outside of the bird breeding season (typically February
through August in the project region). If construction must begin within the breeding season, then a
pre -construction nesting bird survey shall be conducted no more than 3 days prior to initiation of
ground disturbance and vegetation removal activities. The nesting bird pre -construction survey shall
be conducted within the Project Boundary, including a 300 -foot buffer (500 -foot for raptors), on foot,
and within inaccessible areas (i.e., private lands) afar using binoculars to the extent practical. The
survey shall be conducted by a biologist familiar with the identification of avian species known to
occur in the area. If nests are found, an avoidance buffer (which is dependent upon the species, the
proposed work activity, and existing disturbances associated with land uses outside of the site) shall
be determined and demarcated by the biologist with bright orange construction fencing, flagging,
construction lathe, or other means to mark the boundary. All construction personnel shall be notified
as to the existence of the buffer zone and to avoid entering the buffer zone during the nesting season.
No ground -disturbing activities shall occur within this buffer until the avian biologist has confirmed
that breeding/nesting is complete and the young have fledged the nest. Encroachment into the buffer
shall occur only at the discretion of the qualified biologist.
Cultural and Tribal Cultural Resources
CR -1. Historical Building Documentation Packages. Impacts to historical resources shall be
minimized through the preparation of archival historic building documentation packages for both 610
and 614 Monterey Street. Prior to issuance of demolition permits, the City of San Luis Obispo shall
ensure that documentation of both properties is completed in the form of a Historic American
Building Survey (HABS)-Like documentation that shall comply with the Secretary of the Interior's
Standards for Architectural and Engineering Documentation (NPS 1990). The documentation shall
generally follow the HABS Level III requirements and include high-quality digital photographic
recordation of the buildings and their overall setting, detailed historic narrative report, and
compilation of historic research. The documentation shall be completed by a qualified architectural
historian or historian who meets the Secretary of the Interior's Professional Qualification Standards
for History and/or Architectural History (NPS 1983). Individual archival documentation packages
shall be completed for both properties and offered as donated material to the San Luis Obispo Library
and the History Center of San Luis Obispo County, where it would be available to local researchers.
Completion of this mitigation measure shall be monitored and enforced by the lead agency.
CR -2(a). Retain a Qualified Principal Investigator. A qualified principal investigator, defined as an
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archaeologist who meets the Secretary of the Interior's Standards for professional archaeology
(hereafter qualified archaeologist), shall be retained to carry out all mitigation measures related to
archaeological resources.
CR -2(b). City of San Luis Obispo Consolidated Approach for Archaeological Investigations.
Mitigation of archaeological resources within the project area shall follow the Consolidated
Approach as outlined in the City of San Luis Obispo Archaeological Resource Preservation Program
Guidelines. The Consolidated Approach shall include (1) the preparation of a Research Design and
Mitigation Plan prepared by the qualified archaeologist and submitted for written approval to the
City's Community Development Director (Director), which shall include but not be limited to the
research design, laboratory and field methods, public interpretation, and location of curation; (2)
monitoring of demolition and clearing of pavement within the project area; (3) fieldwork after the
removal of pavement consisting of a Phase I inventory, Phase 2 Testing and Evaluation, and Phase 3
Data Recovery aimed at locating archaeological remains, evaluating their significance and integrity,
and mitigating impacts through data recovery excavation; (4) the completion of special studies, such
as faunal analysis, if appropriate, and the curation of recovered artifacts; and (5) the completion of a
technical report documenting the results of the consolidated approach prepared in accordance with
current professional standards and submitted to the Director.
CR -2(c). Archaeological Monitoring. An archaeological monitor shall be present for all project -
related ground -disturbing construction activities. The monitor(s) shall be onsite on a full-time basis
during earthmoving activities, including grading, trenching, vegetation removal, or other excavation
activities. Under consultation between the qualified archaeologist and the City, monitoring may be
reduced or eliminated based on observed conditions.
CR -2(d). Unanticipated Discovery of Archaeological Resources. In the event that cultural resources
are encountered during the implementation of mitigation measures CR -2b or CR -2c, all work shall
be halted in the vicinity of the discovery until a qualified archaeologist can assess the significance of
the resource. If the resources are found to be significant, they must be avoided or mitigated pursuant
to the qualified archaeologist's direction and the testing plan outlined under MM CR -2b. Mitigation
may involve preservation in place or documentation and excavation of the resource. A report by the
archaeologist evaluating the find and identifying mitigation actions taken shall be submitted to the
City.
CR -3(a). Qualified Project Paleontologist. A qualified project paleontologist, defined as a
paleontologist who meets the standards of the SVP (2010), shall be retained to carry out all mitigation
measures related to paleontological resources.
CR -3(b). Worker Environmental Awareness Program (WEAP). Prior to the start of construction, the
project paleontologist or his or her designee shall conduct training for construction personnel
regarding the appearance of fossils and the procedures for notifying paleontological staff should
fossils be discovered by construction staff. The WEAP shall be fulfilled at the time of a
preconstruction meeting at which a qualified paleontologist shall attend.
CR -3(c). Paleontological Monitoring. Ground -disturbing construction activities (including grading,
trenching, foundation work, and other excavations) in previously undisturbed sediments that exceed
10 feet in depth shall be monitored on a full-time basis during initial ground disturbance. Monitoring
shall be conducted by a qualified paleontological monitor, who is defined as an individual who has
experience with collection and salvage of paleontological resources and meets the minimum
standards of the SVP (2010). The duration and timing of the monitoring will be determined by the
project paleontologist and the location and extent of proposed ground disturbance. If the project
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paleontologist determines that full-time monitoring is no longer warranted, based on the specific
geologic conditions at the surface or at depth, the project paleontologist may recommend that
monitoring be reduced to periodic spot-checking or cease entirely. Monitoring is not necessary in
artificial fill or for activities that do not reach 10 feet in depth.
CR -3(d). Fossil Discoveries. In the event of a fossil discovery by the paleontological monitor or
construction personnel, all work in the immediate vicinity of the find shall cease. The project
paleontologist shall evaluate the find before restarting construction activity in the area. If it is
determined that the fossil(s) is (are) scientifically significant, the project paleontologist shall
complete the following conditions to mitigate impacts to significant fossil resources:
1) Salvage of Fossils. The project paleontologist (or paleontological monitor) shall recover
significant fossils following standard field procedures for collecting paleontological
resources, as described by the SVP (2010). Typically, fossils can be safely salvaged quickly
by a single paleontologist and not disrupt construction activity. In some cases, larger fossils
(such as complete skeletons or large mammal fossils) require more extensive excavation and
longer salvage periods. In this case the paleontologist shall have the authority to temporarily
direct, divert or halt construction activity to ensure that the fossil(s) can be removed in a safe
and timely manner.
2) Preparation and Curation of Recovered Fossils. Once salvaged, significant fossils shall be
identified to the lowest possible taxonomic level, prepared to a curation-ready condition, and
curated in a scientific institution with a permanent paleontological collection (such as the
University of California Museum of Paleontology), along with all pertinent field notes,
photos, data, and maps. Fossils of undetermined significance at the time of collection may
also warrant curation at the discretion of the project paleontologist.
Geology and Soils Mitigation
GEO-1. Minimization of Expansive Soil Hazards. Once the final maximum loads of the project have
been determined, a design -level geotechnical report shall be prepared that identifies the most
appropriate geotechnical improvements to onsite soils, the foundation, and parking structure to
minimize expansive soil hazards. Recommendations could include, but are not limited to the
following:
• Use imported non -expansive materials combined with pre -moistening of the soils to provide
protection for slabs and flatwork
• Provide a layer of non -expansive material 18 to 24 inches thick
• Use post -tensioned slabs -on -grade
• Implement shoring methods, such as shotcrete-faced soil nail walls, tangent drilled caissons,
whaler -braced retaining walls, and steel I-beam and lagging walls
■ Use over -excavation and recompaction
• Utilize a deep foundation system, such as caissons or rammed aggregate piers
• A certified soils engineer shall be retained for monitoring during construction of the project.
The certified soils engineer shall also provide any necessary soil testing during construction,
to ensure compliance with the design -level geotechnical report, and to provide site-specific
guidance as subsurface materials are encountered.
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Hazardous Materials Mitigation
HAZ-1. Hazardous Materials Soil Sampling and Remediation. Prior to issuance of grading permits,
additional soil samples testing for total petroleum hydrocarbons shall be performed. A work plan
shall be completed to address the sampling protocols to be followed, as well as the number of
samples to be taken and the chemical analysis required. Upon City of San Luis Obispo approval, the
work plan shall be implemented and the results of the soil sampling shall be forwarded to the City
of San Luis Obispo. The City shall review the data to determine if any additional investigation or
remedial activities are deemed necessary. No work shall resume in that area until the lead local
regulatory agency has provided written authorization that the area does not warrant any additional
action.
If concentrations of contaminants warrant remediation, contaminated materials shall be remediated
either prior to or concurrent with construction. Remediation shall generally include a management
plan which establishes design and implementation of remediation. Cleanup may include excavation,
disposal, bio -remediation, or any other treatment of conditions subject to regulatory action. All
necessary reports, regulations and permits shall be followed to achieve cleanup of the site. The
contaminated materials shall be remediated under the supervision of an environmental consultant
licensed to oversee such remediation and under the direction of the lead oversight agency. The
remediation program shall also be approved by the San Luis Obispo Fire Department. All proper
waste handling and disposal procedures shall be followed. Upon completion of the remediation, the
environmental consultant shall prepare a report summarizing the project, the remediation approach
implemented, and the analytical results after completion of the remediation, including all waste
disposal or treatment manifests.
Noise Miti ation
N -1(a). Construction Vehicle Travel Route. Construction vehicles and haul trucks shall utilize
roadways which avoid residential neighborhoods and sensitive receptors where possible. The
applicant shall submit a proposed construction vehicle and hauling route for City review and
approval prior to grading/building permit issuance. The approved construction vehicle and hauling
route shall be used for all construction vehicles and hauling trips during the duration of construction.
N -1(b). Construction Activity Timing. Except for emergency repair of public service utilities or
where an exception is issued by the Community Development Department, no operation of tools or
equipment used in construction, drilling, repair, alteration, or demolition work shall occur daily
between the hours of 7:00 PM and 7:00 AM, or anytime on Sundays, holidays, or after sunset, where
that operation creates a noise disturbance that exceeds 75 dBA for single family residential, 80 dBA
for multi -family residential, and 85 dBA for mixed residential/commercial land uses across a
residential or commercial property line for a maximum of 10 days. For construction activities lasting
more than 10 days, noise from construction equipment shall not exceed 60 dBA for single family
residential, 65 dBA for multi -family residential, and 70 dBA for mixed residential/commercial land
uses across a residential or commercial property line.
N -1(c). Construction Equipment Best Management Practices (BMPs). For all construction activity
at the project site, noise attenuation techniques shall be employed to reduce noise levels to extent
feasible in accordance with the City of San Luis Obispo Municipal Code, Title 9, Chapter 9.12
(Noise Control). Such techniques shall include:
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• Sound blankets on noise -generating equipment
• Stationary construction equipment that generates noise levels above 60 dBA at the project
boundaries shall be shielded with barriers that meet a sound transmission class (a rating of
how well noise barriers attenuate sound) of 25
• All diesel equipment shall be operated with closed engine doors and shall be equipped with
factory -recommended mufflers
• For stationary equipment, the applicant shall designate equipment areas with appropriate
acoustic shielding on building and grading plans. Equipment and shielding shall be installed
prior to construction and remain in the designated location throughout construction activities
• Electrical power shall be used to power air compressors and similar power tools
• The movement of construction -related vehicles, with the exception of passenger vehicles,
along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00
AM and 7:00 PM, Monday through Saturday and no movement of heavy equipment shall
occur on Sundays or official holidays (e.g., Thanksgiving, Labor Day)
• Temporary sound barriers shall be constructed between construction sites and affected uses
N -1(d). Neighborhood Property Owner Notification and Construction Noise Complaints. The
contractor shall inform residents and business operators at properties within 300 feet of the project
site of proposed construction timelines and noise complaint procedures to minimize potential
annoyance related to construction noise. Proof of mailing the notices shall be provided to the
Community Development Department before the City issues a zoning clearance. Signs shall be in
place before beginning of and throughout grading and construction activities. Noise -related
complaints shall be directed to the City's Community Development Department.
N-4. Coordination of Construction Timing. Prior to the issuance of grading permits, the City of San
Luis Obispo shall review and coordinate the construction schedules of any other projects within 300
feet of the project to ensure that construction schedules do not overlap.
Transportation Mitigation
T-1. Construction Management Plan. Prior to the issuance of each building permit, the construction
contractor shall meet with the Public Works department to determine traffic management strategies
to reduce, to the maximum extent feasible, traffic congestion and the effects of parking demand by
construction workers during construction of this project. The construction contractor will develop a
construction management plan for review and approval by the Public Works department. The plan
shall include at least the following items and requirements:
• A set of comprehensive traffic control measures, including scheduling of major truck trips
and deliveries to avoid peak traffic and pedestrian hours, detour signs if required, lane closure
procedures, sidewalk closure procedures, signs, cones for drivers, and designated
construction access routes.
• Notification procedures for adjacent property owners and public safety personnel regarding
when major deliveries, detours, and lane closures will occur.
• Location of construction staging areas for materials, equipment, and vehicles (must be
located on the project site).
• Identification of haul routes for movement of construction vehicles that would minimize
impacts on vehicular and pedestrian traffic, circulation and safety; and provision for
monitoring surface streets used for haul routes so that any damage and debris attributable to
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the haul trucks can be identified and corrected by the project applicant.
• Temporary construction fences to contain debris and material and to secure the site.
• Provisions for removal of trash generated by project construction activity.
• A process for responding to and tracking complaints pertaining to construction activity.
• Provisions for monitoring surface streets used for truck routes so that any damage and debris
attributable to the trucks can be identified and corrected.
• It is anticipated that this Construction Traffic Management Plan would be developed in the
context of a larger Construction Management Plan, which would address other issues such
as hours of construction onsite, limitations on noise and dust emissions, and other applicable
items.
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T-3. Pedestrian Access. Subject to approval of the Public Works Director, the City shall incorporate
improvements to the intersections of Dana Street/Nipomo Street and Monterey Street/Nipomo Street
to enhance pedestrian safety and accessibility. The improvements shall be consistent with the City's
Circulation Element and Downtown Physical Concept Plan (2017) and shall balance the needs of
each mode of use. At a minimum the project should consider:
• High visibility crosswalk, or other intersection enhancements, with directional curb ramps
across Nipomo Street from the northwest corner of Dana Street/Nipomo Street to the
southwest corner of the parking structure.
• High visibility crosswalk, or other intersection enhancements, with directional curb ramps
from the southeast corner of Monterey Street/Nipomo Street across Nipomo Street.
• Standard crosswalks, or other intersection enhancements, with directional curb ramps across
Monterey Street and Dana Street where they intersect with Nipomo Street.
• Reduce the curb radii on the southwest corner of Dana Street/Nipomo Street and the northeast
corner of Monterey Street/Nipomo Street.
Upon motion of Council Member Gomez, seconded by Council Member Rivoire, and on the
following roll call vote:
AYES: Council Members Gomez, and Rivoire,
Vice Mayor Christianson and Mayor Harmon
NOES: None
ABSENT: Council Member Pease
The foregoing resolution was adopted this 17th day of July 2018.
r
May r H idi Harmo
ATTEST:
l
Teresa Purrington, City Cler
APPROVED AS TO FORM:
Dietrick, City Attorney
IN(WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
San Luis Obispo, California, this 2-r` ' day of 2011
f
Teresa Purrington, City Clerk
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Resolution No. 10923 (2018 Series) Page 11
Findings of Fact and Statement of Overriding Considerations EXHIBIT A
SECTION 1. ENVIRONMENTAL DETERMINATION
The City Council of the City of San Luis Obispo considers and relies on the Final Environmental
Impact Report ([EIR] State Clearinghouse Number 201705 1011) for the Palm Nipomo Parking
Structure Project in determining if it will carry out the project. The Final EIR consists of the Draft
EIR, responses to comments on the Draft EIR, a list of persons and agencies commenting on the
Draft EIR, a Mitigation Monitoring and Reporting Program, and technical appendices. The City
Council has received, reviewed, considered, and relied on the information contained in the Final EIR,
as well as information provided at hearings and submissions of testimony from official participating
agencies, the public, and other agencies and organizations.
Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR]) and Section
21081 of the Public Resources Code (PRC) require a lead agency to adopt findings for each
significant environmental impact disclosed in an EIR. Specifically, for each significant impact, the
lead agency must find that:
* Changes or alterations have been required in, or incorporated into, the project to avoid or
substantially lessen the significant environmental effects identified in the Final EIR;
■ Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such other
agency or can and should be adopted by that agency; or
■ Specific economic, social, legal, technological, or other considerations, including provision
of employment opportunities for highly trained workers, make infeasible the mitigation
measures or project alternatives identified in the Final EIR.
The CCR Title 14, § 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 (on file at the City
Community Development Department office, San Luis Obispo, California):
• Documentary and oral evidence, testimony and staff comments and responses received and
reviewed by the lead agency during public review and the public hearings on the Palm
Nipomo Parking Structure Project
■ The City of San Luis Obispo Palm Nipomo Parking Structure Project Final Environmental
Impact Report (July 2018)
In addition to making a finding for each significant impact, if the lead agency approves a project
without mitigating all of the significant impacts, it must prepare a statement of overriding
considerations that balances the benefits of the project against the unavoidable environmental risks.
The statement of overriding considerations must explain the social, economic, or other reasons for
approving the project despite its environmental impacts (14 CCR 15093, PRC §21081).
This document contains the findings and statement of overriding considerations for the approval of
the Palm Nipomo Parking Structure Project and reflects the City's independent judgment. This
document incorporates by reference the Final EIR. The EIR and other portions of the administrative
record are available for review at the following location:
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Findings of Fact and Statement of Overriding Considerations EXHIBIT A
City of San Luis Obispo
Public Works Department
Contact: Scott Lee, Parking Manager
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7203
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, Public Resources Code §21081.
SECTION 2. PROJECT DESCRIPTION
2.1 Proposed Project
The Palm Nipomo Parking Structure project consists of a zone change and general plan amendment
of five parcels from the Office (O -H) zone and one parcel from the Medium -High Residential (R-3)
zone to the Public Facility (PF -H) zone. The project would include the removal of an existing
77 -space surface parking lot and five existing residential structures, and construction of a five -level
parking structure, commercial space, and non-profit theater.
The parking structure would provide up to 445 parking spaces. Main vehicular access to the structure
would be from Palm Street, with secondary access from Nipomo Street. Vehicle access would not be
provided from Monterey Street, but a direct pedestrian connection would be provided from the
structure to Monterey Street. The parking structure's maximum height would be 50 feet, excluding
elevator towers.
The project would also include 5,000 square feet of commercial space on two levels fronting Nipomo
Street. The maximum height of the commercial space would be 41 feet above existing grade. In
addition, the project would include a new structure for the San Luis Obispo Little Theatre (now the
San Luis Obispo Repertory Theatre or SLO REP) that would front Monterey Street. The theater
would be a three-story structure with 290 seats and a gross floor area of roughly 23,841 square feet.
Entry to the theater would be provided at the street level through a public plaza along Monterey
Street. The street -level plaza would include a public seating area and incorporate public art. The
maximum height of the theater would be approximately 43 feet above existing grade. Section 2.5,
Project Characteristics, of the Final EIR provides a detailed description of the project.
2.2 Proieet Obiectives
The City's objectives for the Palm Nipomo Parking Structure project include the following:
1. Provide a minimum of 400 parking spaces
2. Accommodate cultural uses on Monterey Street in front of the parking structure
3. Include a pedestrian -level public use plaza area at the corner of Nipomo and Monterey Streets
4. Provide a direct pedestrian connection from the parking structure to Monterey Street
5. Preserve the large oak tree on-site
6. Consider contextual sensitivity of surrounding properties (e.g., Lattimer-Hayes adobe)
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SECTION 3. ENVIRONMENTAL IMPACT REPORT
3.1 Background
The Final EIR was prepared in compliance with CEQA and the State CEQA Guidelines. In
accordance with Section 15121 of the State CEQA Guidelines, the Final EIR serves as an
informational document for the public and City of San Luis Obispo decision makers. The Final EIR
contains a project -level environmental review that fulfills the requirement of a project -level EIR. As
defined in CEQA Guidelines Section 15161, a project -level EIR:
... examines the environmental impacts of a specific development project. This type of EIR
should focus primarily on the changes in the environment that would result from the
development project. The EIR shall examine all phases of the project including planning,
construction, and operation.
In accordance with Section 15088 of the State CEQA Guidelines, the Draft EIR was circulated for a
78 -day public review period that began December 14, 2017 and concluded on March 1, 2018; the
City accepted comment letters through March 10, 2018. The City held a Cultural Heritage Committee
hearing for the project on January 22, 2018 and a public Planning Commission hearing on February
28, 2018 to receive public testimony in the form of verbal comments on the Draft EIR.
The response to comments section of the Final EIR (Section 8, Response to Comments on the Draft
EIR) includes each written and verbal comment received by the City. The Final EIR consists of the
Draft EIR, responses to comments on the Draft EIR, a list of persons and agencies commenting on
the Draft EIR, a Mitigation Monitoring and Reporting Program, and technical appendices.
3.2 Impact Analysis
Three categories of impacts are identified in the Final EIR:
Class I Class I impacts are significant and unavoidable. To approve a project resulting in Class I
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
mitigation measures identified in the EIR. When approving a project with Class II
impacts, the decision makers must make findings that changes or alternatives to the
project have been incorporated that reduce the impacts to a less than significant level.
Class III Class III impacts are adverse but not significant.
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SECTION 4. FINDINGS FOR EFFECTS DETERMINED TO BE LESS THAN
SIGNIFICANT WITH MITIGATION
This section identifies impacts that can be fully avoided or reduced to a less -than -significant level
through the incorporation of feasible mitigation measures into the project, as identified in the Final
EIR.
4.1 Aesthetics
1. Impact AES -3: Implementation of the project would result in an increase in nighttime
lighting and daytime glare. With implementation of Mitigation Measures AES -3(a), Lighting Plan,
and AES -3(b), Glare Reduction, that require preparation and approval of a comprehensive lighting
plan consistent with the Municipal Code Night Sky Ordinance and use of non -reflective materials,
the increase would not adversely affect day or nighttime views in the area and this impact would be
reduced to a less than significant level (refer to pages 56-57 of the Final EIR).
a. Miti atm The following mitigation measures are required to reduce light and glare
impacts from the project.
Mitigation Measure AES -3(a) Lighting Plan. Prior to issuance of building
permits, the applicant shall prepare and submit a comprehensive lighting plan
for Architectural Review Committee review and approval. The lighting plan
shall be consistent with the Municipal Code Night Sky Ordinance, and prepared
using guidance and best practices endorsed by the International Dark Sky
Association. The lighting plan shall address all aspects of the lighting, including
but not limited to all buildings, infrastructure, driveways, paths, plazas, safety,
and signage. The lighting plan must include identification of all types, sizes, and
intensities of wall mounted building lights and landscape accent lighting, and a
photometric map must be provided. The lighting plan shall include the
following:
a. The point source of all exterior lighting shall be shielded from offsite views.
b. Light trespass from exterior lights shall be minimized by directing light
downward and utilizing cut-off fixtures or shields.
c. Lumination from exterior lights shall be the lowest level allowed by public
safety standards.
d. Exterior lighting shall be designed to not focus illumination onto exterior
walls.
e. Any signage visible offsite shall not be internally laminated.
AES -3(b) Glare Reduction. To minimize impacts on residential development
in proximity to the project site, roof and building materials shall be non -
reflective, and shall be muted in hues consistent with standards in the
Community Design Guidelines, Section 6.1-C.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
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2. Cumulative Impact - Light and Glare. Cumulative development would be subject to similar
existing City regulations pertaining to light and glare as discussed under Impact AES -3. New
sources of light and glare in the boundaries of the city would be evaluated on a case-by-case
basis to ensure compatibility with surrounding uses. While the proposed project would
introduce new sources of light and glare in the project area, implementation of mitigation
measures AES -3(a), Lighting Plan, and AES -3(b), Glare Reduction, would ensure lighting
and glare would be compatible with surrounding uses and comply with existing policies.
Design review procedures would reduce impacts on a project -by -project basis. Therefore, the
project's impacts to light and glare would not be cumulatively considerable (refer to pages
56-57 of the Final EIR).
a. Mitigation: Mitigation Measure AES -3(a) and AES -3(b) are required to reduce light and
glare impacts from the project.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
4.2 Air Ouality
1. Construction Emissions: Construction of the project would generate temporary increases in
localized air pollutant emissions (fugitive dust, ozone precursors, and diesel particulate matter
emissions). The estimated construction emissions associated with the project and would be below the
San Luis Obispo Air Pollution Control District (SLOAPCD) thresholds and would not introduce new
hazardous air pollutants to the area, but in accordance with the standards of the SLOPACD CEQA
Handbook, standard mitigation measures are required because sensitive receptors are located within
1,000 feet of the project site and because the South Coast Air Basin is in non -attainment for PMIo.
Implementation of mitigation measures AQ -1, Fugitive Dust Control Measures, AQ -2(a), Standard
Control Measures for Construction Equipment, AQ -2(b), Best Available Control Technology for
Construction Equipment, and AQ -2(c), Architectural Coating, are required to reduce fugitive dust,
ozone precursors, and diesel particulate matter emissions from the project in accordance with
SLOAPCD requirements. With implementation of mitigation measures AQ -I and AQ -2(a) through
AQ -2(c), this impact would be reduced to a less than significant level (refer to pages 127-129 of the
Final EIR).
a. 'Mitigation: The following mitigation measures are required to address project
construction emissions.
Mitigation Measure AQ -1 Fugitive Dust Control Measures. Construction
projects shall implement the following dust control measures so as to reduce
PMIo emissions in accordance with SLOAPCD requirements.
■ Reduce the amount of the disturbed area where possible
• Water trucks or sprinkler systems shall be used during construction in
sufficient quantities to prevent airborne dust from leaving the site. Increased
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watering frequency shall be required whenever wind speeds exceed 15 mph.
Reclaimed (non -potable) water shall be used whenever possible
■ All dirt stock pile areas shall be sprayed daily as needed
■ Permanent dust control measures identified in the approved project
revegetation and landscape plans shall be implemented as soon as possible
following completion of any soil disturbing activities
■ Exposed ground areas that are planned to be reworked at dates greater than
one month after initial grading shall be sown with a fast germinating, non-
invasive grass seed and watered until vegetation is established
■ All disturbed soil areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by the SLOAPCD
■ All roadways, driveways, sidewalks, etc. to be paved shall be completed as
soon as possible after grading unless seeding or soil binders are used
■ Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site
■ All trucks hauling dirt, sand, soil, or other loose materials are to be covered
or shall maintain at least two feet of freeboard (minimum vertical distance
between top of load and top of trailer) in accordance with California Vehicle
Code Section 23114
■ Install wheel washers where vehicles enter and exit unpaved roads onto
streets, or wash off trucks and equipment leaving the site
■ Sweep streets at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers with reclaimed water shall be used
where feasible
* All of these fugitive dust mitigation measures shall be shown on grading and
building plans
■ The contractor or builder shall designate a person or persons to monitor the
fugitive dust emissions and enhance the implementation of the measures as
necessary to minimize dust complaints, reduce visible emissions below 20
percent opacity, and to prevent transport of dust offsite. Their duties shall
include holidays and weekend periods when work may not be in progress.
The name and telephone number of such persons shall be provided to the
SLOAPCD Compliance Division prior to the start of any grading, earthwork
or demolition
Mitigation Measure AQ -2(a) Standard Control Measures for Construction
Equipment. The following standard air quality mitigation measures shall be
implemented during construction activities at the project site:
■ Maintain all construction equipment in proper tune according to
manufacturer's specifications
■ Fuel all off-road and portable diesel powered equipment with ARB certified
motor vehicle diesel fuel (non -taxed version suitable for sue off-road)
■ Use diesel construction equipment meeting ARB's Tier 2 certified engines
or cleaner off-road heavy-duty diesel engines, and comply with the State
Off -Road Regulation
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■ Use on -road heavy-duty trucks that meet the ARB's 2007 or cleaner
certification standard for on -road heavy-duty diesel engines, and comply
with the State On -Road Regulation
■ Construction or trucking companies with fleets that do not have engines in
their fleet that meet the engine standards identified in the above two
measures (e.g. captive or NOx exempt area fleets) may be eligible by
proving alternative compliance
■ All on and off-road diesel equipment shall not idle for more than 5 minutes.
Signs shall be posted in the designated queuing areas and or job sites to
remind drivers and operators of the 5 minute idling limit
■ Diesel idling within 1,000 feet of sensitive receptors is not permitted
■ Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors
■ Electrify equipment when feasible
■ Substitute gasoline -powered in place of diesel -powered equipment, where
feasible
■ Use alternatively fueled construction equipment on-site where feasible, such
as compressed natural gas, liquefied natural gas, propane or biodiesel
Mitigation Measure AQ -2(b) Best Available Control Technology for
Construction Equipment. The following best available technology for diesel -
fueled construction equipment shall be implemented during construction
activities at the project site, where feasible:
■ Further reducing emissions by expanding use of Tier 3 and Tier 4 off-road
and 2010 on -road compliant engines where feasible
■ Repowering equipment with the cleanest engines available
■ Installing California Verified Diesel Emission Control Strategies, such as
level 2 diesel particulate filters. These strategies are listed at
http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm
Mitigation Measure AQ -2(c) Architectural Coating. To reduce ROG and
NOx levels during the architectural coating phase, low or no VOC-emission
paint shall be used with levels of 50 g/L or less.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
4.3 Biolop-icai Resources
1. Wildlife Movement: Construction of the project would involve general construction activity
and tree removal that may affect protected nesting birds. With implementation of Mitigation
Measure BIO -1, Nesting Bird Protection, this impact would be reduced to a less than
significant level (refer to page 129 and 130 of the Final EIR).
a. Mitigation: The following mitigation measure is required to reduce impacts to protected
nesting birds.
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Mitigation Measure BIO -1 Nesting Bird Protection. To avoid disturbance of
nesting and special -status birds, activities related to the project, including, but
not limited to, vegetation removal, ground disturbance, and construction and
demolition shall occur outside of the bird breeding season (typically February
through August in the project region). If construction must begin within the
breeding season, then a pre -construction nesting bird survey shall be conducted
no more than 3 days prior to initiation of ground disturbance and vegetation
removal activities. The nesting bird pre -construction survey shall be conducted
within the Project Boundary, including a 300 -foot buffer (500 -foot for raptors),
on foot, and within inaccessible areas (i.e., private lands) afar using binoculars
to the extent practical. The survey shall be conducted by a biologist familiar with
the identification of avian species known to occur in the area. If nests are found,
an avoidance buffer (which is dependent upon the species, the proposed work
activity, and existing disturbances associated with land uses outside of the site)
shall be determined and demarcated by the biologist with bright orange
construction fencing, flagging, construction lathe, or other means to mark the
boundary. All construction personnel shall be notified as to the existence of the
buffer zone and to avoid entering the buffer zone during the nesting season. No
ground -disturbing activities shall occur within this buffer until the avian
biologist has confirmed that breeding/nesting is completed and the young have
fledged the nest. Encroachment into the buffer shall occur only at the discretion
of the qualified biologist.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
4.4 Cultural and Tribal Cultural Resources
1. Impact CR -2: Construction of the project would include ground disturbance that could result
in impacts to previously unidentified archaeological resources. Implementation of mitigation
measures CR -2(a), Retain a Qualified Principal Investigator, CR -2(b), City of San Luis
Obispo Consolidated Approach for Archaeological Investigations, CR -2(c), Archaeological
Monitoring, and CR -2(d), Unanticipated Discovery of Archaeological Resources, would
reduce impacts to archaeological resources to a less than significant level (refer to page 75 of
the Final EIR).
a. Mitigation: The following mitigation measures are required to reduce potential impacts to
archaeological resources.
Mitigation Measure CR -2(a) Retain a Qualified Principal Investigator. A
qualified principal investigator, defined as an archaeologist who meets the
Secretary of the Interior's Standards for professional archaeology (hereafter
qualified archaeologist), shall be retained to carry out all mitigation measures
related to archaeological resources.
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Mitigation Measure CR -2(b) City of San Luis Obispo Consolidated
Approach for Archaeological Investigations. Mitigation of archaeological
resources within the project area shall follow the Consolidated Approach as
outlined in the City of San Luis Obispo Archaeological Resource Preservation
Program Guidelines. The Consolidated Approach shall include (1) the
preparation of a Research Design and Mitigation Plan prepared by the qualified
archaeologist and submitted for written approval to the City's Community
Development Director (Director), which shall include but not be limited to the
research design, laboratory and field methods, public interpretation, and location
of curation; (2) monitoring of demolition and clearing of pavement within the
project area; (3) fieldwork after the removal of pavement consisting of a Phase
I inventory, Phase 2 Testing and Evaluation, and Phase 3 Data Recovery aimed
at locating archaeological remains, evaluating their significance and integrity,
and mitigating impacts through data recovery excavation; (4) the completion of
special studies, such as faunal analysis, if appropriate, and the curation of
recovered artifacts; and (5) the completion of a technical report documenting the
results of the consolidated approach prepared in accordance with current
professional standards and submitted to the Director.
Mitigation Measure CR -2(c) Archaeological Monitoring. An archaeological
monitor shall be present for all project -related ground -disturbing construction
activities. The monitor(s) shall be on-site on a full-time basis during
earthmoving activities within native soils, including grading, trenching,
vegetation removal, or other excavation activities. Under consultation between
the qualified archaeologist and the City, monitoring may be reduced or
eliminated based on observed conditions.
Mitigation Measure CR -2(d) Unanticipated Discovery of Archaeological
Resources. In the event that cultural resources are encountered during the
implementation of Mitigation Measures CR -2(b) or CR -2(c), all work shall be
halted in the vicinity of the discovery until a qualified archaeologist can assess
the significance of the resource. If the resources are found to be significant, they
must be avoided or mitigated pursuant to the qualified archaeologist's direction
and the testing plan outlined under Mitigation Measure CR -2(b). Mitigation may
involve preservation in place or documentation and excavation of the resource.
A report by the archaeologist evaluating the find and identifying mitigation
actions taken shall be submitted to the City.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
2. Impact CR -3: Construction of the project would result in ground disturbance that could
indirectly or directly destroy a unique paleontological resource. With implementation of
mitigation measures CR -3(a), Retain a Qualified Project Paleontologist, CR -3(b),
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Paleontological Worker Environmental Awareness Program, and CR -2(d), Fossil
Discoveries, this impact would be reduced to a less than significant level (refer to page 77 of
the Final EIR).
a. Mites: The following mitigation measures would reduce potential impacts to
paleontological resources to a less than significant level.
Mitigation Measure CR -3(a) Retain a Qualified Project Paleontologist. A
qualified project paleontologist, defined as a paleontologist who meets the
standards of the SVP (2010), shall be retained to carry out all mitigation
measures related to paleontological resources.
Mitigation Measure CR -3(b) Paleontological Worker Environmental
Awareness Program. Prior to the start of construction, the project
paleontologist or his or her designee shall conduct training for construction
personnel regarding the appearance of fossils and the procedures for notifying
paleontological staff should fossils be discovered by construction staff. The
WEAP shall be fulfilled at the time of a preconstruction meeting at which a
qualified paleontologist shall attend.
Mitigation Measure CR -3(c) Paleontological Monitoring. Ground -disturbing
construction activities (including grading, trenching, foundation work, and other
excavations) in previously undisturbed sediments that exceed 10 feet in depth
shall be monitored on a full-time basis during initial ground disturbance.
Monitoring shall be conducted by a qualified paleontological monitor, who is
defined as an individual who has experience with collection and salvage of
paleontological resources and meets the minimum standards of the SVP (2010).
The duration and timing of the monitoring will be determined by the project
paleontologist and the location and extent of proposed ground disturbance. If the
project paleontologist determines that full-time monitoring is no longer
warranted, based on the specific geologic conditions at the surface or at depth,
the project paleontologist may recommend that monitoring be reduced to
periodic spot-checking or cease entirely. Monitoring is not necessary in artificial
fill or for activities that do not reach 10 feet in depth.
Mitigation Measure CR -3(d) Fossil Discoveries. In the event of a fossil
discovery by the paleontological monitor or construction personnel, all work in
the immediate vicinity of the find shall cease. The project paleontologist shall
evaluate the find before restarting construction activity in the area. If it is
determined that the fossil(s) is (are) scientifically significant, the project
paleontologist shall complete the following conditions to mitigate impacts to
significant fossil resources:
1) Salvage of Fossils. The project paleontologist (or paleontological monitor)
should recover significant fossils following standard field procedures for
collecting paleontological resources, as described by the SVP (2010).
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Typically, fossils can be safely salvaged quickly by a single paleontologist
and not disrupt construction activity. In some cases larger fossils (such as
complete skeletons or large mammal fossils) require more extensive
excavation and longer salvage periods. In this case the paleontologist
should have the authority to temporarily direct, divert, or halt construction
activity to ensure that the fossil(s) can be removed in a safe and timely
manner.
2) Preparation and Curation of Recovered Fossils. Once salvaged, significant
fossils should be identified to the lowest possible taxonomic level, prepared
to a curation-ready condition, and curated in a scientific institution with a
permanent paleontological collection (such as the University of California
Museum of Paleontology), along with all pertinent field notes, photos, data,
and maps. Fossils of undetermined significance at the time of collection
may also warrant curation at the discretion of the project paleontologist.
b. Findin : The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
3. Impact CR -5: Ground -disturbing activities associated with construction of the project have
the potential to disturb unidentified human remains. Discovery of human remains during
project excavation would require compliance with Health and Safety Code §7050.5 and
California PRC §5097.94 and §5097.98. PRC §5097.98 also addresses the disposition of
Native American burials, protects such remains, and established the Native American
Heritage Commission to resolve any related disputes. Compliance with Health and Safety
Code §7050.5 and PRC §5097.94 and §5097.98 would ensure that unanticipated discovery of
human remains during project excavation, including those interred outside of formal
cemeteries, would be addressed appropriately by the county coroner and the California Native
American Heritage Commission (if required). In addition, with implementation of Mitigation
Measure CR -2(d), Unanticipated Discovery of Archaeological Remains Resources, this
impact would be reduced to a less than significant level (refer to page 79 of the Final EIR).
a. Mitigation: Compliance with existing regulations and implementation of Mitigation
Measure CR -2(d), Unanticipated Discovery of Archaeological Remains
Resources, would ensure that potential impacts to human remains and burial
grounds would be less than significant.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
4. Cumulative Impact — Archaeological, Paleontological, and Tribal Cultural Resources:
Planned buildout of the City of San Luis Obispo under the General Plan would cumulatively
increase the potential for adverse effects on cultural and tribal cultural resources in the city.
The project would incrementally contribute to this cumulative effect. Generally, impacts to
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cultural and tribal cultural resources are site-specific. Accordingly, as required under
applicable laws and regulations, potential impacts associated with cumulative developments
would be addressed on a case-by-case basis. The project, along with other cumulative projects
in the city, would be required to comply with existing state and local regulations that address
the protection of cultural and tribal cultural resources in the city. With implementation of
mitigation measures CR -2(a) through CR -2(d), and CR -3(a) through CR -3(d), the project
would reduce potential impacts to archaeological and/or paleontological resources to less than
significant levels. In addition, the project would result in a less than significant impact on
tribal cultural resources. Therefore, the project would not contribute substantially to the
cumulative loss of archaeological, paleontological, or tribal cultural resources in the city.
a. Mitigation: Compliance with existing regulations and mitigation measures CR -2(a)
through CR -2(d), and CR -3(a) through CR -3(d), would ensure the project's
contribution to cumulative potential impacts would be less than significant.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
4.5 Geology and Sails
1. Expansive Soils: Implementation of the project would occur on soils that have moderate to
high expansion potential. With implementation of Mitigation Measure GEO-1, Minimization
of Expansive Soil Hazards, this impact would be reduced to a less than significant level (refer
to page 130 of the Final EIR).
a. Mitigation: The following mitigation measure is required to reduce impacts related to
expansive soils.
Mitigation Measure GEO-1 Minimization of Expansive Soil Hazards. Once
the final maximum loads of the project have been determined, a design -level
geotechnical report shall be prepared that identifies the most appropriate
geotechnical improvements to on-site soils, the foundation, and parking
structure to minimize expansive soil hazards. Recommendations could include,
but are not limited to the following:
■ Use of imported non -expansive materials combined with pre -moistening of
the soils to provide protection for slabs and flatwork
■ A layer of non -expansive material 18 to 24 inches thick
■ Post -tensioned slabs -on -grade
• Shoring methods, such as shotcrete-faced soil nail walls, tangent drilled
caissons, whaler -braced retaining walls, and steel I-beam and lagging walls
Overexcavation and recompaction
■ Utilization of a deep foundation system, such as caissons, driven piles, or
rammed aggregate piers
A certified soils engineer shall be retained for monitoring during construction of
the project. The certified soils engineer shall also provide any necessary soil
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testing during construction, to ensure compliance with the design -level
geotechnical report, and to provide site-specific guidance as subsurface
materials are encountered.
b. Finding: The City finds that changes or alterations have been required in or incorporated
into the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
4.6 Hazards and Hazardous Materials
1. Hazardous Materials: Construction of the project would require excavation and removal of
existing fill that has the potential to be contaminated. Therefore, construction activities could
expose workers to contaminated soil on-site. With implementation of Mitigation Measure
HAZ-1, Hazardous Materials Soil Sampling and Remediation, this impact would be reduced
to a less than significant level (refer to pages 131-132 of the Final EIR).
a. Mitigation: The following mitigation measure would reduce impacts associated with
contaminated soils.
Mitigation Measure HAZ-1 Hazardous Materials Soil Sampling and
Remediation. Prior to issuance of grading permits, additional soil samples
testing for total petroleum hydrocarbons shall be performed. A work plan shall
be completed to address the sampling protocols to be followed, as well as the
number of samples to be taken and the chemical analysis required. Upon City of
San Luis Obispo approval, the work plan shall be implemented and the results
of the soil sampling shall be forwarded to the City of San Luis Obispo. The City
shall review the data to determine if any additional investigation or remedial
activities are deemed necessary. No work shall resume in that area until the lead
local regulatory agency has provided written authorization that the area does not
warrant any additional action.
If concentrations of contaminants warrant remediation, contaminated materials
shall be remediated either prior to or concurrent with construction. Remediation
shall generally include a management plan which establishes design and
implementation of remediation. Cleanup may include excavation, disposal, bio-
remediation, or any other treatment of conditions subject to regulatory action.
All necessary reports, regulations, and permits shall be followed to achieve
cleanup of the site. The contaminated materials shall be remediated under the
supervision of an environmental consultant licensed to oversee such remediation
and under the direction of the lead oversight agency. The remediation program
shall also be approved by the San Luis Obispo Fire Department. All proper waste
handling and disposal procedures shall be followed. Upon completion of the
remediation, the environmental consultant shall prepare a report summarizing
the project, the remediation approach implemented, and the analytical results
after completion of the remediation, including all waste disposal or treatment
manifests.
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b. Finding: The City finds that changes or alterations have been required in or incorporated
into the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
4.7 Noise
1. Cumulative Impact — Construction Noise. Construction of the proposed project could
overlap with the construction of other projects in the vicinity (Monterey Place and the Vesper
Hotel at the Creamery) and result in cumulative construction noise. With implementation of
Mitigation Measure N-4, Coordination of Construction Timing, this impact would be reduced
to a less than significant level (refer to pages 99-100 of the FEIR).
a. Mitigation: The following mitigation measure is required to reduce impacts related to
cumulative construction noise.
Mitigation Measure N-4 Coordination of Construction Timing. Prior to the
issuance of grading permits, the City of San Luis Obispo shall review and
coordinate the construction schedules of any other projects within 300 feet of
the project to ensure that construction schedules do not overlap.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
4.8 Transportation
1. Traffic Hazards: Construction of the project would result in short-term construction traffic,
construction parking, and modifications to existing pedestrian, bicycle, and transit circulation
during the construction period. The preparation of a construction management plan, as
described in Mitigation Measure T-1 would reduce construction impacts to a less than
significant level (refer to pages 132-133 of the Final EIR).
a. Mitig tion: The following mitigation measure is required to reduce construction traffic
impacts.
Mitigation Measure T-1 Construction Management Plan. Prior to the
issuance of each building permit, the construction contractor shall meet with the
Public Works department to determine traffic management strategies to reduce,
to the maximum extent feasible, traffic congestion and the effects of parking
demand by construction workers during construction of this project. The
construction contractor will develop a construction management plan for review
and approval by the Public Works department. The plan should include at least
the following items and requirements:
■ A set of comprehensive traffic control measures, including scheduling of
major truck trips and deliveries to avoid peak traffic and pedestrian hours,
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detour signs if required, lane closure procedures, sidewalk closure
procedures, signs, cones for drivers, and designated construction access
routes.
■ Notification procedures for adjacent property owners and public safety
personnel regarding when major deliveries, detours, and lane closures will
occur.
■ Location of construction staging areas for materials, equipment, and vehicles
(must be located on the project site).
■ Identification of haul routes for movement of construction vehicles that
would minimize impacts on vehicular and pedestrian traffic, circulation and
safety; and provision for monitoring surface streets used for haul routes so
that any damage and debris attributable to the haul trucks can be identified
and corrected by the project applicant.
■ Temporary construction fences to contain debris and material and to secure
the site.
■ Provisions for removal of trash generated by project construction activity.
■ A process for responding to and tracking complaints pertaining to
construction activity.
■ Provisions for monitoring surface streets used for truck routes so that any
damage and debris attributable to the trucks can be identified and corrected.
■ It is anticipated that this Construction Traffic Management Plan would be
developed in the context of a larger Construction Management Plan, which
would address other issues such as hours of construction on-site, limitations
on noise and dust emissions, and other applicable items.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
2. Impact T-3: Implementation of the project would result in pedestrian access impacts due to
the difficulty of crossing Nipomo Street at an uncontrolled location. With implementation of
Mitigation Measure T-3, Pedestrian Access, this impact would be reduced to a less than
significant level (refer to page 120 of the Final EIR).
a. Mitigation: The following mitigation measure is required to serve the added pedestrian
demand associated with the project along Nipomo Street.
Mitigation Measure T-3 Pedestrian Access. Subject to approval of the Public
Works Director, the City shall incorporate improvements to the intersections of
Dana Street/Nipomo Street and Monterey Street/Nipomo Street to enhance
pedestrian safety and accessibility. The improvements shall be consistent with
the City's Circulation Element and Downtown Physical Concept Plan and shall
balance the needs of each mode of use. At a minimum the project should
consider:
■ High visibility crosswalk, or other intersection enhancements, with
directional curb ramps across Nipomo Street from the northwest corner of
Dana Street/Nipomo Street to the southwest corner of the parking structure.
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■ High visibility crosswalk, or other intersection enhancements, with
directional curb ramps from the southeast corner of Monterey Street/Nipomo
Street across Nipomo Street.
■ Standard crosswalks, or other intersection enhancements, with directional
curb ramps across Monterey Street and Dana Street where they intersect with
Nipomo Street.
■ Reduce the curb radii on the southwest corner of Dana Street/Nipomo Street
and the northeast corner of Monterey Street/Nipomo Street.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
3. Impact T-4: Under Cumulative plus Project conditions, one study intersection (the project
driveway at Nipomo Street) would operate at an unacceptable level of service for pedestrians
during the evening peak hour. With implementation of Mitigation Measure T-3, Pedestrian
Access, this impact would be reduced to a less than significant level (refer to pages 125-126
of the Final EIR).
a. Mitigation: Implementation of Mitigation Measure T-3, Pedestrian Access, is required to
reduce impacts to less than significant.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
SECTION 5. FINDINGS FOR SIGNIFICANT UNAVOIDABLE EFFECTS
FOR WHICH SUFFICIENT MITIGATION IS NOT AVAILABLE
Class I impacts are significant and unavoidable. To approve a project resulting in Class I 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..."
This section presents the project's significant environmental impacts and feasible mitigation
measures. Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR])
and Section 21081 of the Public Resources Code require a lead agency to make findings for each
significant environmental impact disclosed in an EIR. Specifically, for each significant impact, the
lead agency must find that:
• Changes or alterations have been required in, or incorporated into, the project to avoid or
substantially lessen the significant environmental effects identified in the Final EIR;
■ Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such other
agency or can and should be adopted by that agency; or
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■ Specific economic, social, legal, technological, or other considerations, including provision
of employment opportunities for highly trained workers, make the mitigation measures or
project alternatives identified in the Final EIR infeasible.
Each of these findings must be supported by substantial evidence in the administrative record. This
section identifies impacts that can be reduced, but not to a less -than -significant level, through the
incorporation of feasible mitigation measures into the project, and which therefore, remain significant
and unavoidable, as identified in the Final EIR. The impacts identified in this section are considered
in the same sequence in which they appear in the EIR. Where adoption of feasible mitigation
measures is not effective in avoiding an impact or reducing it to a less -than -significant level, the
feasibility of adopting alternatives to the proposed project is considered in Section 7 of this document.
5.1 Aesthetics
1. Impact AES -2: The project would permanently alter the existing visual character of the site
because it would introduce new structures that are substantially different in terms of size,
scale, and massing. The project includes various design features that would reduce visual
impacts to the extent feasible, but due to the size, scale, and massing of the project, impacts
related to a change in visual character would remain significant and unavoidable (refer to
page 54 of the Final EIR).
a. Miti on: No feasible mitigation is available.
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in
the Final EIR infeasible. The project design features would reduce visual
impacts to the extent feasible; however, additional mitigation is not available to
reduce the size, scale, and massing of the project while satisfying most of the
project objectives. Therefore, impacts related the alteration of visual character
would remain significant and unavoidable. A statement of overriding
considerations for this impact is made in Section 7.
2. Cumulative Impact - Visual Character: Combined with approved, pending, and proposed
development in San Luis Obispo, the project would contribute to increasing urbanization of
the downtown area and would increase the intensity of development (size, scale, and massing)
in the area. This includes altering the fundamental character from predominantly older on-
to two-story structures to a mix of such older buildings interspersed with new taller structures
of four to six stories. The project would result in a significant and unavoidable impact
associated with the change in visual character due to the increase in size, scale, and massing
of the proposed structures. In combination with other development, the project's contribution
to this impact would be cumulatively considerable (refer to page 57 of the Final EIR).
a. Miti ation: No feasible mitigation measures are available.
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in
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the Final EIR infeasible. No feasible mitigation measures are available for the
project's contribution of cumulative impacts, which would remain significant
and unavoidable. A statement of overriding considerations for this impact is
made in Section 7.
5.2 Cultural and Tribal Cultural Resources
1. Impact CR -1: Construction of the project would result in the demolition of two structures
on the project site that are historic resources and adversely affect the Downtown Historic
District. This would cause a substantial adverse change in the significance of historical
resources as defined in CEQA Guidelines §15064.5. Implementation of mitigation measure
CR -1 is required to reduce impacts to the maximum extent feasible, but this impact is Class
I, significant and unavoidable (refer to page 72 of the Final EIR).
a. Mitigation: Mitigation measure CR -1 is required to reduce impacts to historical resources
to the maximum extent practicable.
Mitigation Measure CR -1 Historical Building Documentation Packages.
Impacts to historical resources shall be minimized through the preparation of
archival historic building documentation packages for both 610 and 614
Monterey Street. Prior to issuance of demolition permits, the City of San Luis
Obispo shall ensure that documentation of both properties is completed in the
form of a Historic American Building Survey (HABS)-Like documentation that
shall comply with the Secretary of the Interior's Standards for Architectural and
Engineering Documentation (NPS 1990). The documentation shall generally
follow the HABS Level III requirements and include high-quality digital
photographic recordation of the buildings and their overall setting, detailed
historic narrative report, and compilation of historic research. The
documentation shall be completed by a qualified architectural historian or
historian who meets the Secretary of the Interior's Professional Qualification
Standards for History and/or Architectural History (NPS 1983). Individual
archival documentation packages shall be completed for both properties and
offered as donated material to the San Luis Obispo Library and the History
Center of San Luis Obispo County, where it would be available to local
researchers.
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in
the Final EIR infeasible. Mitigation Measure CR -1(a) is feasible and has been
adopted. Mitigation Measure CR -1 would reduce impacts to the maximum
extent feasible through the preparation of archival historic building
documentation packages. However, this measure would not eliminate the
permanent irreversible impacts to the historic resources, and no other feasible
mitigation measures are available. Therefore, the potential impact to the historic
residences would remain significant and unavoidable, despite implementation
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of the required mitigation. A statement of overriding considerations for this
impact is made in Section 7.
2. Cumulative Impact - Cultural Resources: In combination with buildout of the city under
the General Plan, the project would result in a significant and unavoidable impact to historic
resources in the Downtown Historic District. Mitigation Measure CR -1, Historic Building
Documentation Packages, would reduce the project's impact to historical resources to the
maximum extent feasible; however, this measure would not eliminate the permanent
cumulative or individual impacts to the identified historic resources, and no other feasible
mitigation measures are available. Because of this, the project would contribute to the
cumulative loss of historic resources in the city. This would be a Class I, Significant and
Unavoidable, cumulative impact to historical resources (refer to page 80 of the Final EIR).
a. Mitigation: Implementation of Mitigation Measures CR -1 would reduce the project's
contribution to the cumulative impact to historic resources to the maximum
extent feasible. No other feasible mitigation are available that would meet the
project objectives.
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in
the Final EIR infeasible. Mitigation Measures CR -1 is feasible and has been
adopted. No additional feasible mitigation is available for the cumulative loss of
historic resources in the city, which would remain a significant and unavoidable
impact. A statement of overriding considerations for this impact is made in
SectionT
5.3 Noise
1. Impact N-1: Temporary construction activity would create noise that could exceed City of
San Luis Obispo Municipal Code regulations. Required mitigation measures N -1(a) through
N- I (d) require implementation of noise reduction devices and techniques during construction,
and would reduce noise associated with on- and off-site construction activity to the maximum
extent feasible. Although mitigation measures N -1(a), Construction Vehicle Travel Route, N-
1 (b), Construction Activity Timing, N -I (c), Construction Equipment Best Management
Practices, and N -1(d), Neighboring Property Owner Notification and Construction Noise
Complaints, would reduce impacts from haul trucks and construction equipment to the extent
feasible, construction noise would continue to exceed thresholds. Therefore, construction -
related noise impacts would be minimized, but not eliminated. As a result, temporary noise
impacts associated with on- and off-site construction activity would be significant and
unavoidable (refer to page 92 of the Final EIR).
a. Mitigation: tion: Implementation of the following measures would reduce noise impacts to the
maximum extent feasible.
Mitigation Measure N -1(a) Construction Vehicle Travel Route.
Construction vehicles and haul trucks shall use roadways that avoid residential
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neighborhoods and sensitive receptors where possible. The applicant shall
submit a proposed construction vehicle and hauling route for City review and
approval prior to grading/building permit issuance. The approved construction
vehicle and hauling route shall be used for all construction vehicles and hauling
trips during the duration of construction.
Mitigation Measure N -1(b) Construction Activity Timing. Except for
emergency repair of public service utilities or where an exception is issued by
the Community Development Department, no operation of tools or equipment
used in construction, drilling, repair, alteration, or demolition work shall occur
daily between the hours of 7:00 PM and 7:00 AM, or anytime on Sundays,
holidays, or after sunset, where that operation creates a noise disturbance that
exceeds 75 dBA for single family residential, 80 dBA for multi -family
residential, and 85 dBA for mixed residential/commercial land uses across a
residential or commercial property line for a maximum of 10 days. For
construction activities lasting more than 10 days, noise from construction
equipment shall not exceed 60 dBA for single family residential, 65 dBA for
multi -family residential, and 70 dBA for mixed residential/commercial land
uses across a residential or commercial property line.
Mitigation Measure N -1(c) Construction Equipment Best Management
Practices (BMPs). For all construction activity at the project site, noise
attenuation techniques shall be employed to reduce noise levels to extent
feasible in accordance with the City of San Luis Obispo Municipal Code, Title
9, Chapter 9.12 (Noise Control). Such techniques shall include:
■ Sound blankets on noise -generating equipment.
Stationary construction equipment that generates noise levels above 60 dBA
at the project boundaries shall be shielded with barriers that meet a sound
transmission class (a rating of how well noise barriers attenuate sound) of
25.
■ All diesel equipment shall be operated with closed engine doors and shall be
equipped with factory -recommended mufflers.
■ For stationary equipment, the applicant shall designate equipment areas with
appropriate acoustic shielding on building and grading plans. Equipment and
shielding shall be installed prior to construction and remain in the designated
location throughout construction activities.
■ Electrical power shall be used to power air compressors and similar power
tools.
■ The movement of construction -related vehicles, with the exception of
passenger vehicles, along roadways adjacent to sensitive receptors shall be
limited to the hours between 7:00 AM and 7:00 PM, Monday through
Saturday. No movement of heavy equipment shall occur on Sundays or
official holidays (e.g., Thanksgiving, Labor Day).
■ Temporary sound barriers shall be constructed between construction sites
and affected uses.
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Mitigation Measure N -1(d) Neighboring Property Owner Notification and
Construction Noise Complaints. The contractor shall inform residents and
business operators at properties within 300 feet of the project site of proposed
construction timelines and noise complaint procedures to minimize potential
annoyance related to construction noise. Proof of mailing the notices shall be
provided to the Community Development Department before the City issues a
zoning clearance. Signs shall be in place before beginning of and throughout
grading and construction activities. Noise -related complaints shall be directed
to the City's Community Development Department.
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in
the Final EIR infeasible. Mitigation Measures N -1(a) through N -1(d) are
feasible and have been adopted. Available mitigation would not reduce the noise
below the applicable City standards for construction activity. Therefore
temporary noise impacts associated with on-site and off site construction
activity would be significant and unavoidable. A statement of overriding
considerations for this impact is made in Section 7.
SECTION 6. FINDINGS FOR ALTERNATIVES TO THE PROPOSED
PROJECT
6.1 Introduction
As identified in Section 5 of this document, the proposed project will cause the following significant
and unavoidable environmental impacts to occur:
■ Impact AES -2: Alteration of existing visual character
■ Cumulative aesthetic impact
• Impact CR -1: Removal of historic resources
■ Cumulative historic resource impact
■ Impact N-1: Temporary construction activity noise
Because the project will cause significant and unavoidable environmental impacts to occur as
identified above, the City must consider the feasibility of any environmentally superior alternatives
to the project, as proposed. The City must evaluate whether one or more of these alternatives could
substantially lessen or avoid the unavoidable significant environmental effects.
As such, the environmental superiority and feasibility of each alternative to the project is considered
in this section. Specifically, this section evaluates the effectiveness of these alternatives in reducing
the significant and unavoidable impacts of the proposed project.
6.2 Description of the Alternatives
The Final EIR for the project evaluates the following four alternatives to the project: (1) a no project,
no development alternative; (2) an infused project and live/work units alternative; (3) an alter 10923
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that would develop the parking structure and commercial plus residential units; and (4) an alternative
that would preserve the historic resources on-site.
1. Alternative i. No Project, No Development. As required by CEPA, this EIR evaluates the
environmental consequences of not proceeding with the project. hs alternative assumes implemented, and hat
project is not approved, that none of the proposed entitlements are
further development would occur on the project site.
ld out of the
2. Alternative 2: Project Plus LivelWork Units. �space), ea except the S,Ossumes the t00 square Feet
proposed project (parking structure, theater, and commercialp )
of commercial space would be reduced to 2,5��esquare
el This feet
_aiternfive d scusses he impactercial sace and oof
residential units would be included on the seconv
as
osed
the four residential apartments on the second story osed commercial area
acres pp ou dto the ,500
square feet of commercial space. As with the prop project,
e to
be provided from Palm Street and Nipomo streets the parking structure. For the follow the same site planlfloor plan as the
of
this analysis, it is assumed that this alternative would
proposed project.
3. Alternative 3: Parldng Structure, Commercial
square R sidential. This et of commercial spaceticonsisten
include the five -leve]. parking structure and 5,000
with the proposed praj ect, but this alternative would include 22 two-bedroom apartments in place
of the theater and plaza along Monterey Street. This alternative would include removal of the
existing surface parking lot and all existing residential structures. As with the proposed project,
vehicle parking/site access would continue to be provided from Palm Street and Nipomo Street
via the parking structure. For the purpose of this analysis
is contemplated n the proposed pro] ect is assumed that the site plan dt
adhere to the basic layout and footprint of development
for the parking structure and commercial space, with the direct replacement/addition of
apartments in place of the theater.
4. Alternative 4: Historic Resource Preservation.
T feet l�f commercial rnative space involve consist nt construction h the
of the five -level parking structure and 5,000 square
proposed project, but this alternative would not include construction of the theater or plaza
fronting Monterey Street. This alternative assumes the historic residences along Monterey Street
(610 and 614) would remain intact and at their existing location; however, much of the backyards
at these properties would be developed with the parking and commercial uses. For the purpose
of this analysis, it is assumed that the site plan would adhere to the basic layout of development
as is contemplated in the proposed project for the parking structure and commercial space and
omit the theater.
6.3 Effectivelicss of Alternatives in Avoiding Significant Proiect Impacts
This section evaluates the effectiveness of the alternatives in reducing the significant and unavoidable
impacts of the proposed project.
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1. Significant and Unavoidable Aesthetic Impacts. The proposed project would result in
significant and unavoidable project -level and cumulative impacts related to the alteration of the
visual character in the project vicinity. Under Alternative 1 (No Project, No Development), no
development would occur, therefore aesthetic impacts would not occur. Under Alternative 2
(Project Plus LivelWork Units), similar buildout would occur compared to the proposed project,
which would result in a similar significant and unavoidable impact. Alternative 3 (Parking
Structure, Commercial, Residential) would also result in similar aesthetic impacts due to a similar
site layout and footprint; therefore, impacts would remain significant and unavoidable.
Alternative 4 (Historic Resource Preservation) would result in less overall development on-site
as the historic residences on-site would be retained. Although these residences would remain, the
project would still construct the parking structure and other uses on-site with the potential to
}dock views in the area and alter the visual character in the vicinity. Therefore, the significant
and unavoidable project and cumulative impact regarding visual character would not be avoided.
2. Significant and Unavoidable Cultural Resource Impacts. The proposed project would result
in significant and unavoidable project -level and cumulative impacts to historic resources as a
result of the removal of the residences at 610 and 614 Monterey Street. Alternative 1 and 4 would
not remove the residences, as they would be preserved and retained; therefore, the project -level
and cumulative impact to historic resources would not occur. Alternatives 2 and 3 would result
in the demolition of the on-site residences;
2 and 3the project level and cumulative
o S to historic resources would be
similar in comparison to the project. Under
impact to historic resources would remain significant and unavoidable.
3. Significant and Unavoidable Noise Impact. The proposed project would cause noise impacts
as a result of construction activity associated with project development. Under Alternative 1, no
development would occur; therefore, the significant and unavoidable construction noise impact
would be avoided. Alternatives 2, 3, and 4 would result in a similar level of overall construction
activity on the project site, in conjunction with other development in the vicinity, and would
therefore result in similar project -level impacts associated with construction noise.
6.4 Environmentally Su erior Alternative and Feasibility of Project Alternatives
1. Alternative 1 FindjM Alternative I (No Project, No Development) could be considered the
environmentally superior overall, since no development would occur and the site would remain
as is, and would not result in any significant environmental
area as weli�as anyct. of the projectlobj ct objtive ectives. Asfails
a
to meet the City's objectives for the project
result, the City finds that Alternative I would be infeasible to implement.
2. Alteative 2 n : FindiAlternative 2 (Project Plus Live/Work Units) would result in simi
rnlar
environmental impacts when compared to the proposed Niporno Palm Parking Structure Project.
With a similar footprint as the proposed project, this alternative would result in similar impacts
pertaining to aesthetics, cultural resources, and transportation. Although this alternative does
meet some of the project objectives, Alternative 2 does not avoid any of the Class I impacts
associated with the proposed project and would result in increased noise impacts. The addition
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Therefore, this alternative would require additional mitigation to reduce interior noise levels
below established thresholds. As a result, the City finds that Alternative 2 is not environmentally
superior to the proposed project.
3. Alternative 3 Findin . Among the development scenarios, Alternative 3 (Parking Structure,
Commercial, and Residential) would result in similar but increased environmental effects
compared to the proposed project. This alternative would result in increased environmental
impacts pertaining to noise, as well as to several issues that were dismissed as less than significant
or have no impact in the Initial Study prepared for the proposed project. This is due to the
residences and commercial units on-site that would introduce new residents to the city, who
would require utility services and recreational and public services, as well as generate new vehicle
trips from new residents. Alternative 3 would not avoid the Class I impacts related to historical
resources, cultural resources, and noise. As a result, the City finds that Alternative 3 would not
be environmentally superior to the proposed project.
4. Alternative 4 Finding Alternative 4 (Historic Resource Preservation) is environmentally superior
to the proposed project because there would be a reduced overall site footprint. The impacts from
posed project in the areas of aesthetics, noise, and
this alternative would be similar to the pro
traffic. Alternative 4 would not reduce the project's Class I impacts in those categories to a level
below significance thresholds. However, Alternative 4 would eliminate direct and indirect
significant impacts to historical resources because the two contributing structures to the
Downtown Historic District and the linkage between properties in the district they provide would
remain in place. Alternative 4 would meet most of the project objectives by providing a minimum
of 400 parking spaces, offering a direct pedestrian connection from the structure to Monterey
Street, preserving the large oak tree on-site, and considering the contextual sensitivity of
surrounding properties (i.e., Hays-Lattimer adobe). However, it would not meet the objective of
providing the cultural use (theater). As a result, the City finds that Alternative 4 would not satisfy
the project objectives.
SECTION 7. STATEMENT OF OVERRIDING CONSIDERATIONS
7.1 Introduction
The Final EIR for the project identifies the following significant and unavoidable impacts of the
project:
1. The project would alter the existing visual character of the project site, and surrounding
vicinity.
2. Implementation of the project, in conjunction with other development in the area, would
increase the intensity of development and permanently alter the visual character of the
surrounding area.
the demolition otHistoricstructures
Districtthe project site that are historic
3. The project would result in
resources, and adversely affect the Downtown
4. The project would contribute to the cumulative loss of historic resources in the City by
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5. Temporary construction activity would create noise that could exceed City of San Luis
Obispo Municipal Code regulations, and mitigation may not be feasible to reduce the impact
to less than the applicable threshold.
For projects that would result in significant environmental impacts that cannot be avoided, CEQA
requires that the lead agency balance the benefits of these projects against the unavoidable
environmental risks in determining whether to approve the projects. If the benefits of these projects
outweigh the unavoidable impacts, those impacts may be considered acceptable (CEQA Guidelines
§ 15093[a]). CEQA requires that, before adopting such projects, the public agency adopt a Statement
of Overriding Considerations setting forth the reasons why the agency finds that the benefits of the
project outweigh the significant environmental effects caused by the project. This statement is
provided below.
7.2 Req iced Findings
The City has incorporated all feasible mitigation measures into the project. Although these measures
will lessen the unavoidable impacts listed above, the measures will not fully avoid these impacts.
The City has also examined a reasonable range of alternatives to the project and has determined that
none of these alternatives is feasible or environmentally superior, nor would they satisfy the project
objectives to the same extent or greater as the project.
Alternative 1 would avoid all of the significant impacts of the project but would not achieve the
City's objectives for the project and is not considered feasible. Alternative 2 would be
environmentally similar to the project in most aspects but would result in greater impacts to noise
and is therefore environmentally inferior to the proposed project. Alternative 3 is environmentally
inferior to the proposed project, as it would result in increased impacts regarding noise and other
impacts such as public services, recreation, utilities and service systems. Alternative 4 is
environmentally superior to the proposed project in that eliminates significant and unavoidable
historic resources impacts related to demolition of the historic structures on-site. However,
Alternative 4 is inferior to the proposed project in terms of its ability to achieve City objectives for
the project, since the alternative would not include the theater building.
In preparing this Statement of Overriding Considerations, the City has balanced the benefits of the
proposed project against its unavoidable environmental risks. For the reasons specified below, the
City finds that the following considerations outweigh the proposed project's unavoidable
environmental risks:
1. New Parking Spaces. The Land Use Element of the General Plan addresses downtown
development, parking, and the development of cultural facilities in the city. Specifically, Policy
4.14 states "the City shall ensure there is a diversity of parking opportunities in the Downtown.
Any major increments in parking supply should take the form of structures, located at the edges
of the commercial core, so people can walk rather than drive between points within the core."
Since the project would provide approximately 400 parking spaces in the downtown area, it
would directly satisfy this goal and adhere to Policy 4.14.
de a
2. Downtown Concept Plan. In 20c� ' Cl updated
tfor deveowntowConcept Plan to lopment tnn the downtown area. The
road map for future public prod andguidance
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Resolution No. 10923 (2018 Series)
Findings of Fact and Statement of Overriding Considerations
Page 36
EXHIBIT A
proposed project is located in Block 10 of the Plan, which states "a new parking structure on the
corner of Palm and Nipomo Streets is envisioned to include office mixed use along Nipomo
Street, the theater relocated along Monterey Street, and public use on a portion of the rooftop."
The proposed project would directly follow the guidance included in the Downtown Concept
Pian, by relocating the theater, constructing commercial use on the western boundary of the site
along Nipomo Street, and evaluating whether rooftop viewing areas are feasible as part of the
Planning Commission and Architectural Commission Review.
3. Increased Economic Activity. Development of the parking structure would generate an
economic benefit to the City via increased revenue from vehicle parking fees, which would then
be used to fund needed services in the city.
4. Downtown Residential. The project will support Program 6.12 of the Housing Element that
promotes downtown residential by allowing "...flexible parking regulations for housing
development, especially in the Downtown Core (C -D Zone), including the possibilities of flexible
use of city parking facilities by Downtown residents, where appropriate, and reduced or no
parking requirements where appropriate guarantees limit occupancies to persons without motor
vehicles or who provide proof of reserved, off-site parking. The structure will be part of the City's
Downtown Residential Overnight Program (Drop) that allows residents in the downtown area
access to the structures to park vehicles and promote affordability by design of residential units.
5. Public Use Plaza and Pedestrian Connection. The project includes a public use plaza area at
the corner of Nipomo and Monterey Streets. This plaza would be pedestrian -friendly and provide
a social use area for residents and tourists in the downtown area. In addition, the project would
provide a direct pedestrian connection from the structure to Monterey Street, allowing users to
easily navigate from the parking structure and theater to other downtown uses, consistent with
Circulation Element Policies 5.1.3, 5.1.5 and 5.1.6.
6. San Luis Obispo Repertory Theatre. The project would support the development of an arts and
cultural center within the Downtown. Land Use Elements policies 5.2.1, 5.2.3 and 5.2.5 discuss
that the City will work with community groups to secure facilities for cultural and arts program
needs in the Downtown area. The project includes a portion of the site that would be utilized by
the SLO Repertory Theatre (formerly the San Luis Obispo Little Theatre) to construct a new
theatre space.
Accordingly, the City finds that the project's adverse, unavoidable environmental impacts are
outweighed by these considerable benefits.
Dated:il--,All 2018
R 10923