Attachment 3 IN THE BOARD OF SUPERVISORS COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA Tuesday, March 14, 2017 PRESENT: Supervisors Bruce S. Gibson, Lynn Compton, Debbie Arnold and Vice Chairperson Adam Hill ABSENT: Supervisor John Peschong RESOLUTION NO. 2017-61 RESOLUTION DENYING THE APPEALS OF JEFF EDWARDS AND PHILLIPS 66, AFFIRMING THE DECISION OF THE PLANNING COMMISSION, AND DENYING THE APPLICATION OF PHILLIPS 66 FOR DEVELOPMENT PLAN & COASTAL DEVELOPMENT PERMIT DRC2012-00095 The following resolution is now offered and read: WHEREAS, on October 5, 2016, the Planning Commission of the County of San Luis Obispo (hereinafter referred to as the “Commission”) duly considered and denied the application of Phillips 66 for Development Plan and Coastal Development Permit DRC2012-00095 to allow for the construction of a 6,915 foot long rail spur, an unloading facility, onsite pipelines, replacement of coke rail loading tracks, the construction of five parallel tracks with the capacity to hold a 5,190 foot long unit train consisting of 80 tank cars, two buffer cars, and three locomotives and accessory improvements which would allow three trains per week to deliver crude oil; and WHEREAS, Jeff Edwards and Phillips 66 have appealed the Commission's decision to the Board of Supervisors of the County of San Luis Obispo (hereinafter Page 1 of 22Attachment 3 referred to as the “Board of Supervisors") pursuant to the applicable provisions of Title 23 of the San Luis Obispo County Code; and WHEREAS, a public hearing was duly noticed and conducted by the Board of Supervisors on March 13, 2017; and ‘WHEREAS, at said hearing, the Board of Supervisors heard and received all oral and written protests, objections, and evidence, which were made, presented, or filed, and all persons present were given the opportunity to hear and be heard in respect to any matter relating to said appeals; and WHEREAS, the Board of Supervisors has duly considered the appeals and finds that the appeals should be denied and the decision of the Commission should be affirmed, and that the application (DRC2012-00095) should be denied for the reasons described in the findings set forth in Exhibit A below. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Supervisors of the County of San Luis Obispo, State of California, as follows: 1, That the recitals set forth hereinabove are true, correct and valid. 2. That this project is found to be statutorily exempt from the California Environmental Quality Act under the provisions of Public Resources Code section 21080(b\'5), which provides that CEQA does not apply to projects which a public agency rejects or disapproves. 3. That the Board of Supervisors makes all of the findings of fact and determinations set forth in Exhibit A attached hereto and incorporated by reference herein as though set forth in full. 4, That the appeals filed by Jeff Edwards and Phillips 66 are denied, that the decision of the Commission is affirmed, and that the application for Development Page 2 of 22Attachment 3 Plan and Coastal Development Permit DRC2012-00095 is hereby denied for the reasons described in Exhibit A. Upon motion of Supervisor Compton, seconded by Supervisor Gibson, and ‘on the following roll call vote, to wit: AYES: Supervisors Compton, Gibson and Vice Chairperson Hill NOES: Supervisor Arnold ABSENT: Supervisor Peschong ABSTAINING: None the foregoing resolution is hereby adopted. Adam Hill Vice Chairperson of the Board of Supervisors ATTEST: Tommy Gong Clerk of the Board of Supervisors By: Sandy Currens Deputy Clerk RITA L. NEAL County Counsel By: /s/Timothy McNulty Assistant County Counsel Dated: February 28, 2017 Page 3 of 22