R 4816 RESOLUTION NO. 4816
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION,
INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF
' DETERMINATION, AND APPROVING THE JAMES WAY OAK HABITAT
AND WILDLIFE PRESERVE TRAIL ADDITIONAL PROJECT (STAFF
PROJECT 17-008); APPLIED FOR BY THE CITY OF ARROYO GRANDE
WHEREAS, on September 13, 1994 the Arroyo Grande City Council adopted
Resolution No. 3052, accepting a fee-simple offer of dedication for property known as
the James Way Habitat (the "Habitat"); and
WHEREAS, on January 11, 2017, the Parks and Recreation Commission voted
unanimously to bring back for formal consideration a proposal to construct an additional
hiking trail segment in the Habitat; and
WHEREAS, on April 12, 2017, the Parks and Recreation Commission recommended
approval of the proposed trail addition to the City Council; and
WHEREAS, on July 18, 2017, the Planning Commission reviewed the draft Mitigated
Negative Declaration and recommended the City Council adopt the document; and
WHEREAS, the Planning Commission also recommended the trail be restricted to not
be used by mountain bikers; and
WHEREAS, it is not recommended that the trail exclude mountain bikers given the
recreational nature of the trails in the Habitat and the ability to restrict use in the future if
issues arise; and
WHEREAS, the City Council has reviewed the project in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande
Rules and Procedures for Implementation of CEQA and has reviewed the draft Mitigated
Negative Declaration; and
WHEREAS, the City Council has reviewed the project at its regularly scheduled meeting
on August 22, 2017; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Required CEQA Findings:
1 The City of Arroyo Grande has prepared an Initial Study pursuant to
Section 15063 of the Guidelines of the California Environmental Quality
Act (CEQA), for the James Way Oak Habitat and Wildlife Preserve Trail
Addition Project.
RESOLUTION NO. 4816
PAGE 2
2. Based on the Initial Study, a Mitigated Negative Declaration was
prepared for public review A copy of the Mitigated Negative Declaration
and related materials is located at City Hall in the Community
Development Department.
3. After holding a public meeting pursuant to State and City Codes, and
considering the record as a whole, the City Council adopts a Mitigated
Negative Declaration and finds that there is no substantial evidence of
any significant adverse effect, either individually or cumulatively on
wildlife resources as defined by Section 711.2 of the Fish and Game
Code or on the habitat upon which the wildlife depends as a result of
development of this project. Further, the City Council finds that said
Mitigated Negative Declaration reflects the City's independent judgment
and analysis.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby adopts the Mitigated Negative Declaration as set forth in Exhibit "B", a full copy of
which is on file in the Community Development Department, instructs the City Clerk to file
a Notice of Determination, and approves the James Way Oak Habitat and Wildlife
Preserve Trail Addition project as set forth in Exhibit "C" attached hereto and incorporated
herein by this reference, with the above findings and subject to the mitigation measures as
including the Mitigated Negative Declaration and set forth in Exhibit "A", attached hereto
and incorporated herein by this reference.
On a motion by Mayor Hill, seconded by Council Member Brown, and by the following roll
call vote to wit:
AYES: Mayor Hill, Council Members Brown, Ray, and Barneich
NOES: None
ABSENT: Council Member Harmon
the foregoing Resolution was adopted this 22nd day of August 2017
RESOLUTION NO. 010
PAGE 3
,
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iMAYOR
ATTEST: ail
KELLY ET4 RE, CITY CLERK
APPROVED AS TO CONTENT:
JAMS 1kSAN, CITY MANAGER
APPROVED AS TO FORM:
GG
EATHER K. WHITHAM, CITY ATTORNEY
RESOLUTION NO. 4816
PAGE 4
EXHIBIT "A"
MITIGATION MEASURES
JAMES WAY OAK HABITAT AND
WILDLIFE PRESERVE TRAIL ADDITION PROJECT
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures shall be implemented as conditions of approval and shall be
monitored by the appropriate City department or responsible agency The applicant shall
be responsible for verification in writing by the monitoring department or agency
that the mitigation measures have been implemented.
Biological Resources
MM IV-1: A qualified biologist shall perform a special-status plant survey in the Project
area before any work activities begin. All project activities shall avoid any special-status
plant species that are found during the preconstruction survey Before any Project
activities commence, all trail workers shall attend biological orientation training, provided
by a qualified biologist that covers the avoidance of any special-status plant species.
Responsible Party: City of Arroyo Grande — Public Works
Monitoring Agency: City of Arroyo Grande — Public Works.
Timing: Prior to construction
MM IV-2: The Project site shall be surveyed before construction for Wells' Manzanita. If
any Wells' Manzanita are found within the Project site, the plants will be avoided. Before
any Project activities commence, all trail workers shall attend biological orientation
training, provided by a qualified biologist that covers the avoidance of Wells' Manzanita.
Responsible Party: City of Arroyo Grande — Public Works
Monitoring Agency: City of Arroyo Grande — Public Works.
Timing: Prior to construction
MM IV-3: Prior to any Project activities, a qualified biologist shall survey disturbance
areas and relocate any silvery legless lizards and/or coast horned lizards found, to a
safe area outside of the Project area. Surveys shall include raking of leaf litter and sand
where,habitats exist. A qualified biologist shall be present at all times during ground
disturbing Project activities to recover any silvery legless lizards and coast horned
lizards that may be found. Before any Project activities commence, all trail workers
shall attend biological orientation training, provided by a qualified biologist that covers
the avoidance of any special-status animal species that may occur or that were found in
the Project area.
Responsible Party: City of Arroyo Grande— Public Works
Monitoring Agency: City of Arroyo Grande— Public Works.
Timing: Prior to and during construction
RESOLUTION NO. 4816
PAGE 5
MM IV-4: If the Project is to be completed during the nesting bird season, which is
typically between the middle of February to the end of August, a nesting bird survey by
a qualified biologist shall be performed in the Project area before any work activities
commence. If any nesting birds are found, an appropriate and highly visible buffer shall
be established around the nest until the nest is no longer occupied. In addition, a
qualified biologist shall do a preconstruction survey for badgers and their dens and for
bats. If a badger den is located, a buffer shall be established around the den. If any bats
are located, consultation with the California Department of Fish and Wildlife shall be
initiated.
Responsible Party: City of Arroyo Grande — Public Works
Monitoring Agency: City of Arroyo Grande — Public Works.
Timing: Prior to construction
MM IV-5: Where possible, project activities shall occur outside of 1 5 times the dripline
for any oak tree. In areas where this is not possible due the high density of oaks, project
activities will not expose any oak tree roots and only the minimum amount of vegetation
needed for trail construction shall be removed. Only hand tools shall be used for trail
construction. Before any Project activities commence, all trail workers shall attend
biological orientation training, provided by a qualified biologist, that covers oak tree
avoidance, if possible, and oak tree mitigations.
Responsible Party: City of Arroyo Grande — Public Works
Monitoring Agency: City of Arroyo Grande — Public Works.
Timing: Prior to and during construction
Cultural Resources
MM V-1: If a potentially significant cultural resource is encountered during surface
earthwork activities, all construction activities within a 100-foot radius of the find shall
cease until a qualified archaeologist determines whether the uncovered resource
requires further study Any previously undiscovered resources found during construction
shall be recorded on appropriate California Department of Parks and Recreation (DPR)
forms and evaluated for significance in terms of California Environmental Quality Act
criteria by a qualified archaeologist. Potentially significant cultural resources consist of,
but are not limited to, stone, bone, glass, ceramic, wood, or shell artifacts; fossils; or
features including hearths, structural remains, or historic dumpsites. If the resource is
determined significant under CEQA, the qualified archaeologist shall prepare and
implement a research design and archaeological data recovery plan that will capture
those categories of data for which the site is significant. The archaeologist shall also
perform appropriate technical analysis, prepare a comprehensive report, and file it with
the appropriate Information Center and provide for the permanent curation of the
recovered materials.
Responsible Party: City of Arroyo Grande— Public Works
Monitoring Agency: City of Arroyo Grande — Public Works.
RESOLUTION NO. 4816
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Timing: During construction
MM V-2: If human remains are encountered during earth-disturbing activities, all work in
the adjacent area shall stop immediately and the San Luis Obispo County Coroner's
office shall be notified. If the remains are determined to be Native American in origin,
the Native American Heritage Commission shall be notified and will identify the Most
Likely Descendent, who will be consulted for recommendations for treatment of the
discovered remains.
Responsible Party: City of Arroyo Grande — Public Works
Monitoring Agency: City of Arroyo Grande — Public Works.
Timing: During construction
EXHIBIT “B”
INITIAL STUDY/
MITIGATED NEGATIVE
DECLARATION
(Full copy on file in the Community Development Department)
JAMES WAY OAK HABITAT & WILDLIFE PRESERVE
PROPOSED TRAIL ADDITION
June 2017
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aaiillThis map displays a proposed trail route connecting off of existing trails within the James Way Oak Habitat & Wildlife Preserve. The new trail is approximately 0.58 miles with a total ascent of 45ft.This trail was scouted and flagged by Eric Nelson, and mapped via GPS on December 13, 2016 by CamillaGreenbach, GIS Technician, City of Arroyo Grande.Firgure 1December 2016EXHIBIT "C"
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4816 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 22nd day of August, 2017
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24th day of
August, 2017
lb( / I
KELLY T /b RE, CITY CLERK