CC 2017-08-22_12c James Way Oak Habitat Trail Extension
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: MATTHEW DOWNING, PLANNING MANAGER
SUBJECT: CONSIDERATION OF STAFF PROJECT 17-008; ADOPTION OF AN
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND
APPROVING THE JAMES WAY OAK HABITAT AND WILDLIFE
PRESERVE TRAIL ADDITION PROJECT; APPLICANT - CITY OF
ARROYO GRANDE
DATE: AUGUST 22, 2017
RECOMMENDATION:
The Parks and Recreation Commission and Planning Commission recommend the City
Council adopt a Resolution: 1) Adopting an Initial Study/Mitigated Negative Declaration
(IS/MND); 2) Approving the James Way Oak Habitat and Wildlife Preserve Trail Addition
Project; and 3) Directing the City Clerk to file a Notice of Determination.
SUMMARY OF ACTION:
Approve the addition of 0.75 miles of additional trails in the James Way Oak Habitat and
Wildlife Preserve (the “Habitat”).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The cost to prepare the IS/MND, which includes field surveys and a future
preconstruction meeting, totals $3,400. This expenditure is to be funded out of the
Public Works Administration-Contractual Services account from the approved Public
Works Department budget for FY 2017-18. Approximately thirty (30) hours of staff
resources were required to prepare documents, review the draft IS/MND, and prepare
reports related to this proposed project.
BACKGROUND:
The Habitat is an important community amenity that provides for native habitat
protection and an opportunity for recreational activities such as hiking, mountain biking,
horse riding, and wildlife viewing. The IS/MND identifies biological and cultural
resources in the Habitat as environmental factors that could be potentially affected by
the proposed trail improvements called the James Way Habitat and Wildlife Preserve
Trail Addition (the “Project”). The Habitat property is made up of two separate lots,
totaling 75.02 acres of open space. The property is zoned Planned Development 1.2
(PD-1.2) with a Conservation/Open Space land use designation. Current improvements
include a functioning windmill, solid waste receptacles, drainage facilities and ponds, a
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CITY COUNCIL
CONSIDERATION OF STAFF PROJECT 17-008
AUGUST 22, 2017
PAGE 2
pedestrian bridge, split rail fencing and approximately two (2) miles of trails for hiking,
walking, and riding.
Parks and Recreation Commission
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. On April 12, 2017, the Parks and Recreation Commission
recommended approval of the Project as proposed.
Planning Commission
On July 18, 2017, the Planning Commission reviewed the draft IS/MND and
recommended the City Council adopt the MND, instruct the City Clerk to file the Notice
of Determination (NOD), and approve the conceptual trail design. The Commission also
collectively suggested distance marker signs and signs restricting mountain bikes on the
trail addition.
ANALYSIS OF ISSUES:
Project Description
The proposed Project will extend the existing trail by approximately 3/4 mile and will
allow for all forms of uses; including but not limited to mountain bikes. The trail will
extend up the hillside through the open space and while the trail will not be visible from
nearby developed sites, it will pass in close proximity to several developments on
Camino Mercado. The proposed trail will be approximately three to four feet in width,
and built by volunteers that have experience in both trail construction and trail
maintenance. Trail construction is expected to occur over eight (8) weeks, depending
on volunteer resources and weather conditions. The new trail will be constructed with
hand tools, will be contoured to the surrounding landscape during construction, and the
natural appearance of the trail corridor will be maintained without importing materials.
The new trail will remove vegetation and soil as needed to create a walkable surface.
Soil will be removed from inside of the trail to the outside of the trail and compacted in
place.
General Plan
The General Plan designates the subject Habitat property as Planned Development with
a Conservation/Open Space land use designation. The Project is consistent with the
following objectives of the City’s Conservation and Open Space (C/OS) and Parks and
Recreation (PR) Elements of the General Plan:
C/OS3: Plan for a well-maintained system of footpaths and non-vehicular trails
that provide access to areas of non-urban environment.
PR4: A network of recreational trails, bicycle lanes and bikeways should be
established for use by local residents and visitors to the Arroyo Grande Valley
(emphasis added).
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CITY COUNCIL
CONSIDERATION OF STAFF PROJECT 17-008
AUGUST 22, 2017
PAGE 3
The Project is also consistent with several objectives of the Bicycle and Trails Master
Plan, including objectives to promote land use development that enhances pedestrian
and bicycle connectivity for commuting and recreation use and, where appropriate,
partner bicycle paths with flood control projects, utilities access, air quality
improvements and open space/stream restoration projects.
Open-Space Agreement
The underlying Open-Space Agreement granting an open-space easement to the City
of Arroyo Grande contains language restricting certain uses of the subject property. The
document provides exceptions for City-approved trails and stipulates that the “general
topography of the landscape shall be maintained in its present conditions and no
grading, grazing, excavation, or topographic changes shall be made except by the joint
approval of owner and City”; however, it makes exceptions for the construction of public
pathways. As such, the proposed trail expansion is consistent and compatible with the
original intent of the agreement. It should be noted, subsequently to the acceptance of
the Agreement, that the current landowner is the City as ownership of the property was
transferred when the City Council adopted Resolution No. 3052 on September 13,
1994. As such, decisions of allowed activities and rules of use are at the discretion of
the City Council.
Initial Study/Mitigated Negative Declaration
The draft IS/MND identifies biological resources and cultural resources as
environmental factors that could be potentially impacted by the Project. These items are
briefly discussed below and implementation of associated mitigation measures will
ensure that impacts associated with the Project will be less than significant.
Biological Resources
As discussed in the IS/MND, the project site contains numerous vegetation species
including Coast Live Oak, California Annual and Perennial Grassland, and California
Sage Brush habitats which may contain special status plant and animal species. Within
this variety of native habitats, nonnative grasses are interwoven throughout the Project.
The IS/MND indicates that there will be no impacts to riparian habitat, federally
impacted wetlands, or conflict with provisions of an adopted Habitat Conservation Plan,
Natural Community Conservation Plan, or other approved local, regional, or state
habitat conservation plan. However, there are less than significant impacts with
mitigation related to habitat modification on sensitive species, movement of wildlife
species, and potential conflict with the City’s Community Tree Program (Coast Live Oak
trees are a protected species within Chapter 12.16 of the Municipal Code). Five (5)
mitigation measures contained in the document reduce these impacts to less than
significant.
Cultural Resources
The Chumash Indians lived in the region and many archaeological sites have been
identified within the City limits. Isolated archaeological materials could still be present
given the extensive history of Chumash inhabiting this area. The IS/MND indicates that
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CITY COUNCIL
CONSIDERATION OF STAFF PROJECT 17-008
AUGUST 22, 2017
PAGE 4
there are no impacts to a historical resource, however there are less than significant
impacts with mitigation for archaeological and paleontological resources, and possible
disturbance of human remains outside of formal cemeteries. Should these cultural
resources be discovered during construction of the Project, work will stop to allow a
qualified archaeologist to view and assess the discovery and prepare a mitigation plan.
Two (2) mitigation measures contained in the document reduce these impacts to less
than significant.
Mountain Bikes
The Planning Commission provided review of the IS/MND at their July 18, 2017
meeting. Although their purview was supposed to be limited to the environmental
document only, the Commission recommended restricting the new section of trail from
use by mountain bikes. However, this restriction is not recommended by staff to be
included in the approval of the project as mountain bikes are permitted within the
remainder of the Habitat, the trail is anticipated to be utilized by hikers experienced in
sharing trails with mountain bikes due to the steeper terrain, and because this limitation
could be implemented in the future if it is determined to be necessary for hiker safety.
Additionally, it should be noted that the Parks and Recreation Commission, who
reviewed the Project itself, recommended approval as proposed, without limitations to
the trail’s use.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the attached Resolution adopting the Initial Study/Mitigated Negative
Declaration, approving the trail addition, and directing the City Clerk to file a
Notice of Determination;
2. Modify and adopt the attached Resolution adopting the Initial Study/Mitigated
Negative Declaration, approving the trail addition, and directing the City Clerk to
file a Notice of Determination; or
3. Do not adopt the attached Resolution and provide direction to staff.
ADVANTAGES:
Adding trail opportunities enhances knowledge, appreciation, and recreational use of
the Habitat and is consistent with the City’s General Plan. Additionally, the mitigation
measures will protect both biological and cultural resources during trail construction.
DISADVANTAGES:
None identified.
ENVIRONMENTAL REVIEW:
The IS/MND has been prepared to evaluate the potential environmental effects of the
proposed project. This document has been prepared in accordance with the California
Environmental Quality Act (CEQA), Public Resources Code §21000 et seq., and the
State CEQA Guidelines, California Code of Regulations (CCR) §15000 et seq.
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CITY COUNCIL
CONSIDERATION OF STAFF PROJECT 17-008
AUGUST 22, 2017
PAGE 5
PUBLIC NOTIFICATION AND COMMENTS:
The draft document was circulated for public review on July 10, 2017, and a notice of
tonight’s meeting was mailed to all property owners within 300’ of the site on August 16,
2017. The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2. At the time of report preparation, no comments
have been received.
Attachment:
1. Initial Study/Mitigated Negative Declaration
Item 12.c. - Page 5
RESOLUTION NO.
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.
Item 12.c. - Page 6
RESOLUTION NO.
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 Council Member _________, seconded by Council Member __________,
and by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 22nd day of August 2017.
Item 12.c. - Page 7
RESOLUTION NO.
PAGE 3
_______________________________________
JIM HILL, MAYOR
ATTEST:
_______________________________________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
_______________________________________
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
_______________________________________
HEATHER K. WHITHAM, CITY ATTORNEY
Item 12.c. - Page 8
RESOLUTION NO.
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
Item 12.c. - Page 9
RESOLUTION NO.
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.
Item 12.c. - Page 10
RESOLUTION NO.
PAGE 6
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
Item 12.c. - Page 11
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
Item 12.c. - Page 12
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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"Item 12.c. - Page 13
Page 1 of 31
DRAFT INITIAL STUDY/
MITIGATED NEGATIVE
DECLARATION
JAMES WAY OAK HABITAT & WILDLIFE PRESERVE
PROPOSED TRAIL ADDITION
June 2017
ATTACHMENT 1
Item 12.c. - Page 14
INITIAL STUDY MITIGATED NEGATIVE DECLARATION June 2017
JAMES WAY OAK HABITAT & WILDLIFE PRESERVE TRAIL ADDITION
Page 2 of 31
Project: JAMES WAY OAK HABITAT & WILDLIFE PRESERVE PROPOSED TRAIL ADDITION
Lead Agency: City of Arroyo Grande
Document Availability:
City of Arroyo Grande
Community Development Department
300 East Branch Street
Arroyo Grande, CA 93420
http://www.arroyogrande.org/
Project Description:
The proposed project includes expanding an existing trail located within the James Way Oak Habitat and
Wildlife Preserve. The new 0.75 mile trial will connect to the existing trail and will be located upland
from sensitive riparian habitats. The new trail will allow trail access during winter months and will
protect wetland and riparian habitats and species. The proposed trail will be built by City of Arroyo
Grande trail volunteers who have experience with both trail construction and trail maintenance, and
with the assistance of the non-profit Central Coast Concerned Mountain Bikers organization. Trail
construction is expected to take 4-8 weeks depending on the number of volunteers and weather
conditions.
Summary Document Preparation:
Pursuant to Section 21082.1 of the California Environmental Quality Act, the City of Arroyo Grande (the
City) has independently reviewed and analyzed the Initial Study and Mitigated Negative Declaration for
the proposed project and finds that these documents reflect the independent judgment of the City. The
City, as lead agency, also confirms that the project mitigation measures detailed in these documents are
feasible and will be implemented as stated in the Mitigated Negative Declaration.
_________________________________ _____ __________________
Teresa McClish, AICP Date
Community Development Director
_________________________________ ____________
Kelly Heffernon, AICP Date
Associate Planner
Item 12.c. - Page 15
INITIAL STUDY MITIGATED NEGATIVE DECLARATION June 2017
JAMES WAY OAK HABITAT & WILDLIFE PRESERVE TRAIL ADDITION
Page 3 of 31
Table of Contents:
Introduction .................................................................................................................................................. 5
Introduction and Regulatory Guidance..................................................................................................... 5
Lead Agency .............................................................................................................................................. 5
Purpose and Document Organization ....................................................................................................... 5
Summary of Findings................................................................................................................................. 6
Project Description........................................................................................................................................ 7
Introduction .............................................................................................................................................. 7
Location ..................................................................................................................................................... 7
Background and Need for Project ............................................................................................................. 7
Project Description.................................................................................................................................... 7
Other Required Public Agency Approvals ................................................................................................. 7
Related Projects ........................................................................................................................................ 7
Environmental Checklist ............................................................................................................................... 8
Project Information ................................................................................................................................... 8
Environmental Factors Potentially Affected ............................................................................................. 8
Determination ........................................................................................................................................... 9
Evaluation of Environmental Impacts ..................................................................................................... 10
Environmental Issues .................................................................................................................................. 11
I. Aesthetics ............................................................................................................................................. 11
II. Agriculture and Forestry Resources .................................................................................................... 11
III. Air Quality .......................................................................................................................................... 13
IV. Biological Resources .......................................................................................................................... 14
V. Cultural Resources .............................................................................................................................. 16
VI. Geology and Soils ............................................................................................................................... 17
VII. Greenhouse Gas Emissions ............................................................................................................... 18
VIII Hazards and Hazardous Materials .................................................................................................... 19
IX Hydrology and Water Quality ............................................................................................................. 20
X. Land Use and Planning ........................................................................................................................ 21
XI. Mineral Resources ............................................................................................................................. 22
XII. Noise ................................................................................................................................................. 22
XIII. Population and Housing ................................................................................................................... 23
XIV. Public Services ................................................................................................................................. 24
XV. Recreation ......................................................................................................................................... 24
Item 12.c. - Page 16
INITIAL STUDY MITIGATED NEGATIVE DECLARATION June 2017
JAMES WAY OAK HABITAT & WILDLIFE PRESERVE TRAIL ADDITION
Page 4 of 31
XVI. Transportation/Traffic ..................................................................................................................... 25
Mandatory Findings of Significance ............................................................................................................ 28
Summary of Mitigation Measures .............................................................................................................. 29
References .................................................................................................................................................. 31
Item 12.c. - Page 17
Page 5 of 31
Introduction
Introduction and Regulatory Guidance
The Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared by the City of Arroyo
Grande (the City) to evaluate the potential environmental effects of the proposed project. This
document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public
Resources Code §21000 et seq., and the State CEQA Guidelines, California Code of Regulations (CCR)
§15000 et seq.
An Initial Study is conducted by a lead agency to determine if a project may have a significant effect on
the environment [CEQA Guidelines §15063(a)]. If there is substantial evidence that a project may have a
significant effect on the environment, an Environmental Impact Report (EIR) must be prepared, in
accordance with CEQA Guidelines §15064(a). However, if the lead agency determines that revisions in
the project plans or proposals made by or agreed to by the applicant mitigate the potentially significant
effects to a less-than-significant level, a Mitigated Negative Declaration may be prepared instead of an
EIR [CEQA Guidelines §15070(b)]. The lead agency prepares a written statement describing the reasons
a proposed project would not have a significant effect on the environment and, therefore, why an EIR
need not be prepared. This IS/MND conforms to the content requirements under CEQA Guidelines
§15071.
Lead Agency
The lead agency is the public agency with primary approval authority over the proposed project. In
accordance with CEQA Guidelines §15051(b)(1), "the lead agency will normally be an agency with
general governmental powers, such as a city or county, rather than an agency with a single or limited
purpose." The lead agency for the proposed project is the City of Arroyo Grande. The contact person for
the lead agency is:
Kelly Heffernon, AICP
Associate Planner
City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
(805) 473-5420
Purpose and Document Organization
The purpose of this document is to evaluate the potential environmental effects of the proposed
project. Mitigation measures have been identified and incorporated into the project to eliminate any
potentially significant impacts or reduce them to a less-than-significant level.
This document is organized as follows:
Introduction
This chapter provides an introduction to the project and describes the purpose and organization
of this document.
Project Description
Item 12.c. - Page 18
INITIAL STUDY MITIGATED NEGATIVE DECLARATION June 2017
JAMES WAY OAK HABITAT & WILDLIFE PRESERVE TRAIL ADDITION
Page 6 of 31
This chapter describes the reasons for the project, scope of the project, and project objectives.
Environmental Setting, Potential Impacts and Mitigation Measures
This chapter identifies the significance of potential environmental impacts, explains the
environmental setting for each environmental issue, and evaluates the potential impacts
identified in the CEQA Environmental (Initial Study) Checklist. Mitigation measures are
incorporated, where appropriate, to reduce potentially significant impacts to a less-than-
significant level.
Mandatory Findings of Significance
This chapter identifies and summarizes the overall significance of any potential impacts to
natural and cultural resources, cumulative impacts, and impact to humans, as identified in the
Initial Study.
Summary of Mitigation Measures
This chapter summarizes the mitigation measures incorporated into the project as a result of the
Initial Study.
References
This chapter identifies the references and sources used in the preparation of this IS/MND. It also
provides a list of those involved in the preparation of this document.
Summary of Findings
Section 3 of this document contains the Environmental (Initial Study) Checklist that identifies the
potential environmental impacts (by environmental issue) and a brief discussion of each impact resulting
from implementation of the proposed project.
In accordance with §15064(f) of the CEQA Guidelines, a Mitigated Negative Declaration shall be
prepared if the proposed project will not have a significant effect on the environment after the inclusion
of mitigation measures in the project. Based on the available project information and the
environmental analysis presented in this document, there is no substantial evidence that, after the
incorporation of mitigation measures, the proposed project would have a significant effect on the
environment. It is proposed that a Mitigated Negative Declaration be adopted in accordance with the
CEQA Guidelines.
Revisions
None.
Item 12.c. - Page 19
Page 7 of 31
Project Description
Introduction
This Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared by the City of Arroyo
Grande (the City) to evaluate the potential environmental effects of the proposed project. The project
site is located in the approximately 60-acre James Way Oak Habitat and Wildlife Preserve (Preserve).
Location
The project site is bounded on the north by James Way, to the east by residential development and to
the south and west by a combination of residential and commercial development.
Background and Need for Project
The project site is located within James Way Oak Habitat and Wildlife Preserve. The James Way Oak
Habitat and Wildlife Preserve was established as mitigation for an adjacent housing development.
In order to improve trails with the James Way Oak Habitat and Wildlife Preserve, a 0.75 mile trail addition
will be built upland from an existing trail. The new trail will allow the existing trail to be expanded into a
loop, will add an additional 0.75 of a mile to the trail system, and will allow trail access during the winter
months when the established trail often becomes flooded and impassable. In addition, the new trail will
move hikers into less sensitive habitat areas and away from wetland habitats where the existing trail is
located.
Project Description
The proposed trail expansion will be built by City of Arroyo Grande trail volunteers who have experience
with both trail construction and trail maintenance, and with the assistance of Central Coast Concerned
Mountain Bikers organization. The trail workers will either hike or bike into the Project site and will use
only hand tools for all trail construction activities. All work activities will be done with the minimal
amount of impact needed for trail construction and all work tools will be removed from the project site
after each day of construction.
Emphasis will be on maintaining the natural appearance of the trail corridor. The new trail cut will
remove vegetation and soil which will then be saved (to disperse on the trail once it is completed to
make it look aged) or carried off-site for disposal. Once the trail is cleared, soil will be removed from the
inside of the trail to the outside of the trail and packed into place (1/2 bench cut). Trail construction is
expected to take 4-8 weeks depending on the number of volunteers and weather conditions.
Required Public Agency Approvals
No other public agency approvals are required for the proposed project.
Related Projects
None
Item 12.c. - Page 20
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Environmental Checklist
Project Information
Project Title: James Way Oak Habitat and Wildlife Preserve Trail
Addition
Lead Agency Name & Address: City of Arroyo Grande
300 East Brach Street
Arroyo Grande, CA 93420
Contact Person & Telephone Number: Kelly Heffernon, AICP
Associate Planner
(805) 473-5420
Project Location: James Way, Arroyo Grande, California
Project Sponsor Names & Addresses: City of Arroyo Grande
300 East Brach Street
Arroyo Grande, CA 93420
General Plan Designation: Conservation/Open Space
Zoning: PD 1.2
Description of Project: Refer to page 7
Surrounding Land Uses & Setting: The project site is within the James Way Oak Habitat
and Wildlife Preserve which is surrounded by
residential and commercial developments with James
Way street bordering the north side of the Preserve.
The Preserve provides habitats for wildlife species
and trails for pedestrian use.
Approval Required from Other Public Agencies: None
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact", as indicated by the checklist on the following
pages:
Aesthetics Agricultural Resources Air Quality
Biological Resources Cultural Resources Geology/Soils
Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology/Water Quality
Land Use/Planning Mineral Resources Noise
Population/Housing Public Services Recreation
Transportation/Traffic Tribal Cultural Resources Utilities/Service Systems
Mandatory Findings of Significance
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Determination
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment and a
NEGATIVE DECLARATION will be prepared.
I find that, although the original scope of the proposed project COULD have had a significant
effect on the environment, there WILL NOT be a significant effect because revisions/mitigations
to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE
DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment and an
ENVIRONMENTAL IMPACT REPORT or its functional equivalent will be prepared.
I find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated impact" on the environment. However, at least one impact has
been adequately analyzed in an earlier document, pursuant to applicable legal standards, and
has been addressed by mitigation measures based on the earlier analysis, as described in the
report's attachments. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze
only the impacts not sufficiently addressed in previous documents.
I find that, although the proposed project could have had a significant effect on the
environment, because all potentially significant effects have been adequately analyzed in an
earlier EIR or Negative Declaration, pursuant to applicable standards, and have been avoided or
mitigated, pursuant to an earlier EIR, including revisions or mitigation measures that are
imposed upon the proposed project, all impacts have been avoided or mitigated to a less-than-
significant level and no further action is required.
_________________________________ ________________________________
Kelly Heffernon, AICP Date
Associate Planner
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Evaluation of Environmental Impacts
1. A brief explanation is required for all answers, except "No Impact", that are adequately
supported by the information sources cited. A "No Impact" answer is adequately supported if
the referenced information sources show that the impact does not apply to the project being
evaluated (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be
explained where it is based on general or project-specific factors (e.g., the project will not
expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2. All answers must consider the whole of the project-related effects, both direct and indirect,
including off-site, cumulative, construction, and operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, the checklist
answers must indicate whether that impact is potentially significant, less than significant with
mitigation, or less than significant. "Potentially Significant Impact" is appropriate when there is
sufficient evidence that a substantial or potentially substantial adverse change may occur in any
of the physical conditions within the area affected by the project that cannot be mitigated
below a level of significance. If there are one or more "Potentially Significant Impact" entries, an
Environmental Impact Report (EIR) is required.
4. A "Mitigated Negative Declaration" (Negative Declaration: Less Than Significant with Mitigation
Incorporated) applies where the incorporation of mitigation measures, prior to declaration of
project approval, has reduced an effect from "Potentially Significant Impact" to a "Less Than
Significant Impact with Mitigation." The lead agency must describe the mitigation measures and
briefly explain how they reduce the effect to a less than significant level.
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR (including a General Plan) or
Negative Declaration [CCR, Guidelines for the Implementation of CEQA, § 15063(c)(3)(D)].
References to an earlier analysis should:
a) Identify the earlier analysis and state where it is available for review.
b) Indicate which effects from the environmental checklist were adequately analyzed in the
earlier document, pursuant to applicable legal standards, and whether these effects were
adequately addressed by mitigation measures included in that analysis.
c) Describe the mitigation measures in this document that were incorporated or refined from
the earlier document and indicate to what extent they address site-specific conditions for
this project.
6. Lead agencies are encouraged to incorporate references to information sources for potential
impacts into the checklist or appendix (e.g., general plans, zoning ordinances, biological
assessments). Reference to a previously prepared or outside document should include an
indication of the page or pages where the statement is substantiated.
7. A source list should be appended to this document. Sources used or individuals contacted
should be listed in the source list and cited in the discussion.
8. Explanation(s) of each issue should identify:
a) the criteria or threshold, if any, used to evaluate the significance of the impact addressed by
each question and
b) the mitigation measures, if any, prescribed to reduce the impact below the level of
significance.
Item 12.c. - Page 23
Page 11 of 31
Environmental Issues
I. Aesthetics
Environmental Setting
The project site is located entirely within the James Way Oak Habitat and Wildlife Preserve which
provides open space for pedestrian recreational uses and habitats for plant and animal species. The
project site is within Coast Live Oak, California Annual and Perennial Grassland and California Sage Brush
habitats. There are no anthropomorphic impacts on the project site except for the existing Preserve
trail.
The project site is located on a northern facing hill and is not visible from any roadways and would not
alter any scenic vistas or scenic resources.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
c) Substantially degrade the existing visual character or
quality of the site and its surroundings?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views in
the area?
Discussion
a-d: No impact.
No impacts would occur, therefore, no mitigation is required.
II. Agriculture and Forestry Resources
Environmental Setting
The project site is not designated or zoned for agriculture use, has not been used for agricultural
production and is not near to land zoned agriculture. The site does not contain prime soils according to
the California Department of Conservation’s Important Farmland Map of San Luis Obispo County.
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Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
References: 14
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use or a
Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning
of, forest land (as defined in Public Resources Code
section 12220)g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
e) Involve other changes in the existing environment
which, due to their location or nature, could result in
conversion of Farmland to non-agricultural use?
* In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment Model (1997), prepared by the California Department of
Conservation as an optional model for use in assessing impacts on agricultural and farmland.
Discussion
a-e: No impacts.
No impacts would occur, therefore, no mitigation is required.
References: 1, 2, 3, 4, 9, 14
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III. Air Quality
Environmental Setting
Existing conditions for air quality in the City of Arroyo Grande are described in detail in the County’s
2001 Clean Air Plan which is incorporated herein by reference. The Clean Air Plan is a comprehensive
planning document designed to reduce emissions from traditional industrial and commercial sources, as
well as from motor vehicle use. The purpose of the County’s Clean Air Plan is to address the attainment
and maintenance of state and federal ambient air quality standards by following a comprehensive set of
emission control measures within the Plan. Based on information available, it is not expected that
baseline conditions have changed significantly since the 2001 plan was completed.
San Luis Obispo County is in non-attainment status for ozone (O3), respirable particulate matter (PM10)
and vinyl chloride under the California Air Resource Board (CARB) standards. The County is in
attainment status for all other applicable CARB standards. The proposed project will not result in any
impacts to air quality.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
c) Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is in
non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
concentrations?
e) Create objectionable odors affecting a substantial
number of people?
* Where available, the significance criteria established by the applicable air quality management or air pollution control di strict
may be relied on to make these determinations.
Discussion
a-e: No impacts.
No impacts would occur, therefore, no mitigation is required.
References: 1, 4, 10, 11, 13
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IV. Biological Resources
Environmental Setting
The project site is within Coast Live Oak, California Annual and Perennial Grassland, and California Sage
Brush habitats which may contain special status plants and animals. The vegetation communities are
mostly native species with an understory of nonnative grasses.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Have a substantial adverse effect, either directly or
through habitat modification, on any species identified
as a sensitive, candidate, or special status species in
local or regional plans, policies, or regulations, or by
the California Department of Fish and Game or the
U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified
in local or regional plans, policies, or regulations, or by
the California Department of Fish and Game or the
U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands, as defined by §404 of the Clean
Water Act (including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal, filling,
hydrological interruption, or other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
Discussion
b, c, f: No impacts.
a: There is the potential for fourteen special status plant species to occur on the Property and four have
been observed on the Property: Hoover’s bent grass (Agrostis hooveri), Kellogg’s horkelia (Horkelia
cuneata ssp. sericea), Michael’s rein orchid (Piperia michaelii), and Wells’ manzanita (Arctostaphylos
Item 12.c. - Page 27
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wellsii). In addition, federally endangered Pismo Clarkia (Clarkia speciosa ssp. Immaculate) is
documented across the street from the Project site (CNDDB 2017). Less than significant with mitigation.
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.
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.
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.
d: There is the potential for trail construction activities to impact nesting birds. Less than significant with
mitigation.
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.
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e: Coast Live oak trees are a protected species within the City of Arroyo Grande (Chapter 12.16 of the
Arroyo Grande Municipal Code) and therefore trail construction activities near Coast Live oak trees
requires mitigation. Less than significant with mitigation.
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. Less
than significant with mitigation.
References: 3, 14, 15, 16
V. Cultural Resources
Environmental Setting
The earliest inhabitants of Arroyo Grande Valley were the northern or Obispeno Chumash Indians. Given
the long history of the Chumash occupying this region, many archaeological sites have been identified
within the City limits. Isolated archaeological materials could still be present given the extensive history
of Chumash Indians inhabiting this area.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Cause a substantial adverse change in the
significance of a historical resource as defined in §
15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant to
§ 15064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature?
d) Disturb any human remains, including those
interred outside of formal cemeteries?
Discussion
a. No impact.
b-d: As a precaution, if cultural resources are encountered during the construction process,
development activities at the site shall cease until a qualified archaeologist has been employed to view
and assess the discovery and prepare a mitigation plan. Implementation of the following mitigation
measures will reduce these impacts to a less than significant level. Less than significant with mitigation.
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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.
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.
References: 1, 3, 5
VI. Geology and Soils
Environmental Setting
The project site is elevated, sloping up from James Way to the south from approximately 56 feet above
mean sea level to approximately 270 feet above mean sea level. The project site is mostly Briones-Tierra
complex with 15 to 50 percent slopes (loamy sand underlain by weathered bedrock).
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Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or
death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map, issued by the State
Geologist for the area, or based on other
substantial evidence of a known fault? (Refer to
Division of Mines and Geology Special Publication
42.)
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is unstable,
or that would become unstable, as a result of the
project and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction,
or collapse?
d) Be located on expansive soil, as defined in Table 18-
1-B of the Uniform Building Code (1994), creating
substantial risks to life or property?
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative waste disposal
systems, where sewers are not available for the
disposal of waste water?
Discussion
a-e: No impacts.
No impacts would occur, therefore, no mitigation is required.
VII. Greenhouse Gas Emissions
Environmental Setting
The project site is located adjacent to existing residential development. The project will expand an
existing trail system and will not generate any measurable greenhouse gas emissions.
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Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant effect on the
environment?
b) Conflict with an applicable plan, policy or regulation
adopted for the purpose of reducing the emissions of
greenhouse gases?
Discussion
a-b: No impacts.
No impacts would occur, therefore, no mitigation is required.
VIII Hazards and Hazardous Materials
Environmental Setting
The project site is not known to contain hazards or hazardous materials, nor are these located in the
immediate vicinity of the project site.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and/or accident conditions involving the release of
hazardous materials, substances, or waste into the
environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of
hazardous materials sites, compiled pursuant to
Government Code §65962.5, and, as a result, create a
significant hazard to the public or environment?
e) Be located within an airport land use plan or, where
such a plan has not been adopted, within two miles of
a public airport or public use airport? If so, would the
project result in a safety hazard for people residing or
working in the project area?
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f) Be located in the vicinity of a private airstrip? If so,
would the project result in a safety hazard for people
residing or working in the project area?
g) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
h) Expose people or structures to a significant risk of
loss, injury, or death from wildland fires, including
areas where wildlands are adjacent to urbanized areas
or where residences are intermixed with wildlands?
Discussion
a-h: No impacts.
No impacts would occur, therefore, no mitigation is required.
References: 4, 12
IX Hydrology and Water Quality
Environmental Setting
The James Way Oak Habitat and Wildlife Preserve contains a small tributary; however, the area of trail
expansion work is not located near any waterways, and the project would not have any impacts to
groundwater supplies, drainage patterns, or water quality.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Violate any water quality standards or waste
discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge,
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table
level (e.g., the production rate of pre-existing nearby
wells would drop to a level that would not support
existing land uses or planned uses for which permits
have been granted)?
c) Substantially alter the existing drainage pattern of
the site or area, including through alteration of the
course of a stream or river, in a manner which would
result in substantial on- or off-site erosion or siltation?
d) Substantially alter the existing drainage pattern of
the site or area, including through alteration of the
course of a stream or river, or substantially increase
the rate or amount of surface runoff in a manner
which would result in on- or off-site flooding?
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e) Create or contribute runoff water which would
exceed the capacity of existing or planned stormwater
drainage systems or provide substantial additional
sources of polluted runoff?
f) Substantially degrade water quality?
g) Place housing within a 100-year flood hazard area,
as mapped on a federal Flood Hazard Boundary or
Flood Insurance Rate Map, or other flood hazard
delineation map?
h) Place structures that would impede or redirect flood
flows within a 100-year flood hazard area?
i) Expose people or structures to a significant risk of
loss, injury, or death from flooding, including flooding
resulting from the failure of a levee or dam?
j) Result in inundation by seiche, tsunami, or mudflow?
a-j: No Impact.
No impacts would occur, therefore, no mitigation is required.
X. Land Use and Planning
Environmental Setting
The land use designation of the project site is Conservation/Open Space. The purpose of this designation
is to provide open space for wildlife habitats and pedestrian trails.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Physically divide an established community?
b) Conflict with the applicable land use plan, policy, or
regulation of any agency with jurisdiction over the
project (including, but not limited to, a general plan,
specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
Discussion
a-c: No impacts.
No impacts would occur, therefore, no mitigation is required.
References: 1, 2, 4
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XI. Mineral Resources
Environmental Setting
The project site does not contain any known mineral resources.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Result in the loss of availability of a known mineral
resource that is or would be of value to the region and
the residents of the state?
b) Result in the loss of availability of a locally
important mineral resource recovery site delineated
on a local general plan, specific plan, or other land use
plan?
Discussion
a-b: No impacts.
No impacts would occur, therefore, no mitigation is required.
References: 5
XII. Noise
Environmental Setting
Noise exposure throughout the City is primarily caused by automobile traffic on surface streets and US
Highway 101, with intermittent noise generated by agricultural operations and construction activities.
The site is surrounded primarily by residential uses which are sensitive to noise outside of work day
hours. The building of the trail will be completed using only hand tools. No excessive noise is expected
from project construction or from pedestrians using the trail.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Generate or expose people to noise levels in excess
of standards established in a local general plan or
noise ordinance, or in other applicable local, state, or
federal standards?
b) Generate or expose people to excessive
groundborne vibrations or groundborne noise levels?
c) Create a substantial permanent increase in ambient
noise levels in the vicinity of the project (above levels
without the project)?
d) Create a substantial temporary or periodic increase
in ambient noise levels in the vicinity of the project, in
excess of noise levels existing without the project?
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e) Be located within an airport land use plan or, where
such a plan has not been adopted, within two miles of
a public airport or public use airport? If so, would the
project expose people residing or working in the
project area to excessive noise levels?
f) Be in the vicinity of a private airstrip? If so, would
the project expose people residing or working in the
project area to excessive noise levels?
Discussion
a-f: No impacts.
No impacts would occur, therefore, no mitigation is required.
References: 1, 2, 3, 14
XIII. Population and Housing
Environmental Setting
The project site is an oak habitat and wildlife preserve. The proposed project is a trail that will have no
impacts to population growth or to any housing related issues.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Induce substantial population growth in an area,
either directly (for example, by proposing new homes
and businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replacement housing
elsewhere?
Discussion
a-c: No impacts.
No impacts would occur, therefore, no mitigation is required.
References: 1, 4, 14
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XIV. Public Services
Environmental Setting
The City of Arroyo Grande administers its own police department and parks and recreation facilities.
Fire protection is provided by the Five Cities Fire Authority through a joint powers agreement (JPA).
Public services to the project site are readily provided by the City of Arroyo Grande. The proposed trail
would not result in any impacts to governmental facilities or operations.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Result in significant environmental impacts from
construction associated with the provision of new or
physically altered governmental facilities, or the need
for new or physically altered governmental facilities, to
maintain acceptable service ratios, response times, or
other performance objectives for any of the public
services:
Fire protection?
Police protection:
Schools?
Parks?
Other public facilities?
Discussion
a: No impact.
No impacts would occur, therefore, no mitigation is required.
References: 5
XV. Recreation
Environmental Setting
Both the Recreation Department and Public Works Department oversee recreational activities
throughout the City and manages the City’s various parks and open space areas. The project will not
impact any existing park or other recreational resource and is not expected to create additional demand
for recreational facilities.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Increase the use of existing neighborhood and
regional parks or other recreational facilities, such that
substantial physical deterioration of the facility would
occur or be accelerated?
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b) Include recreational facilities or require the
construction or expansion of recreational facilities that
might have an adverse physical effect on the
environment?
Discussion
a, b: No impact
No impacts would occur, therefore, no mitigation is required.
References: 5
XVI. Transportation/Traffic
Environmental Setting
The project site is located near James Way which provides off street parking for trail access. The
proposed project will not cause a substantial increase in traffic, a change in traffic patterns, an increase
hazards, or conflict with adopted transportation policies, plans or programs.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Cause a substantial increase in traffic, in relation to
existing traffic and the capacity of the street system
(i.e., a substantial increase in either the number of
vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections)?
b) Exceed, individually or cumulatively, the level of
service standards established by the county congestion
management agency for designated roads or
highways?
c) Cause a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that result in substantial safety risks?
d) Contain a design feature (e.g., sharp curves or a
dangerous intersection) or incompatible uses (e.g.,
farm equipment) that would substantially increase
hazards?
e) Result in inadequate emergency access?
f) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)?
Discussion
a-f: No impact
No impacts would occur, therefore, no mitigation is required.
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References: 1, 14
XVII. Tribal Cultural Resources
Environmental Setting
The proposed project would not cause a substantial change of a tribal cultural resource.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Would the project cause a substantial adverse
change in the significance of a tribal cultural resource,
defined in Public Resources Code Section 21074 as
either a site, feature, place, cultural landscape that is
geographically defined in terms of the size and scope
of the landscape, sacred place, or object with cultural
value to a California Native American tribe, and that is:
i) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in Public
Resources Code Section 5020.1(k), or
ii) A resource determined by the lead agency in its
discretion and supported by substantial evidence,
to be significant pursuant to criteria set forth in
Subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in
Subdivision (c) of Public Resources Code Section
5024.1, the lead agency shall consider the
significance of the resource to a California Native
American tribe.
Discussion
a: No impact
No impacts would occur, therefore, no mitigation is required.
References: 1, 14
XVIII. Utilities and Service Systems
Environmental Setting
No utilities are needed for the proposed project.
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Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Exceed wastewater treatment restrictions or
standards of the applicable Regional Water Quality
Control Board?
b) Require or result in the construction of new water
or wastewater treatment facilities or expansion of
existing facilities?
Would the construction of these facilities cause
significant environmental effects?
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities?
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources or
are new or expanded entitlements needed?
e) Result in a determination, by the wastewater
treatment provider that serves or may serve the
project that it has adequate capacity to service the
project’s anticipated demand, in addition to the
provider’s existing commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project’s solid waste
disposal needs?
g) Comply with federal, state, and local statutes and
regulations as they relate to solid waste?
Discussion
a-g: No impact
No impacts would occur, therefore, no mitigation is required.
References: 1, 3, 6, 7, 8
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Mandatory Findings of Significance
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Substantially degrade the quality of the
environment, substantially reduce the habitat of a fish
or wildlife species; cause a fish or wildlife population
to drop below self-sustaining levels; threaten to
eliminate a plant or animal community; substantially
reduce the number or restrict the range of an
endangered, rare or threatened species; or eliminate
examples of the major periods of California history or
prehistory?
b) Have the potential to achieve short-term
environmental goals to the disadvantage of long-term
environmental goals?
c) Have possible environmental effects that are
individually limited but cumulatively considerable?
“Cumulatively considerable” means that the
incremental effects of an individual project are
significant when viewed in connection with the effects
of past projects, the effects of other current projects,
and the effects of possible future projects.
d) Cause substantial adverse effects on human beings,
either directly or indirectly?
Discussion
a: The project site contains special status plants and animals that may be impacted from project
construction. Isolated prehistoric materials may be present on the project site; however, the site does
not serve as an example of a major period of California history or prehistory.
b: There are no short-term environmental goals, either in the project description or the identified
mitigation measures that will be achieved to the disadvantage of long-term environmental goals.
c: With implementation of the proposed mitigation measures, the proposed project will not result in
any cumulatively considerable environmental impacts.
d: With implementation of the proposed mitigation measures, the proposed project will not cause
substantial adverse effects on human beings, either directly or indirectly.
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Page 29 of 31
Summary of Mitigation Measures and Mitigation Monitoring
MM IV-1: A qualified biologist shall perform a special-status plant survey in the Project areas
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 Department
Monitoring Agency: City of Arroyo Grande – Public Works Department
Timing: Before 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 Department
Monitoring Agency: City of Arroyo Grande – Public Works Department
Timing: Before 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 Department
Monitoring Agency: City of Arroyo Grande – Public Works Department
Timing: Before and During Construction
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 Department
Monitoring Agency: City of Arroyo Grande – Public Works Department
Timing: Before Construction
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Page 30 of 31
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 Department
Monitoring Agency: City of Arroyo Grande – Public Works Department
Timing: Before Construction
MM V-1: If a potentially significant cultural resource is encountered during subsurface
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 Department
Monitoring Agency: City of Arroyo Grande – Public Works Department
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 Department
Monitoring Agency: City of Arroyo Grande – Public Works Department
Timing: During Construction
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Page 31 of 31
References
Documents & Maps
1. City of Arroyo Grande General Plan
2. City of Arroyo Grande Land Use Map
3. City of Arroyo Grande Municipal Code
4. City of Arroyo Grande Zoning Map
5. Arroyo Grande Existing Settings Report & Draft Arroyo Grande Existing Settings Report (2010)
6. Arroyo Grande Urban Water Management Plan (2016)
7. Arroyo Grande Water System Master Plan (2012)
8. Arroyo Grande Wastewater Master Plan (2012)
9. San Luis Obispo Important Farmland Map (California Department of Conservation, 2006)
10. CEQA & Climate Change White Paper (CAPCOA, 2008)
11. SLO County 2001 Clean Air Plan; Air Quality Handbook (SLO APCD, 2012)
12. Arroyo Grande Multi-Jurisdictional Local Hazard Mitigation Plan (2012)
13. Arroyo Grande Climate Action Plan (2013)
14. Technical Memorandum for the James Way Oak Habitat & Wildlife Preserve
15. Site Inspection
16. City of Arroyo Grande Community Tree Program
Item 12.c. - Page 44
TECHNICAL MEMORANDUM
FOR THE JAMES WAY OAK HABITAT & WILDLIFE
PRESERVE
PROPOSED TRAIL ADDITION
SAN LUIS OBISPO COUNTY, CALIFORNIA
Prepared for:
City of Arroyo Grande
1375 Ash Street
Arroyo Grande, CA 93420
Contact: Geoff English, 805.473.5466
Prepared by:
Cindy Cleveland
Senior Biologist
Arroyo Grande, CA
805.234.3759
March 14, 2017
Item 12.c. - Page 45
2
Table of Contents
1.0 INTRODUCTION ............................................................................................................................... 1
1.1 PROJECT LOCATION ........................................................................................................................................... 1
1.2 METHODS AND MATERIALS ............................................................................................................................. 1
2.0 PROJECT DESCRIPTION ................................................................................................................ 3
3.0 ENVIRONMENTAL SETTING ......................................................................................................... 3
3.1 VEGETATION COMMUNITIES ............................................................................................................................ 3
Coast Live Oak ........................................................................................................................................................ 3
California Annual and Perennial Grassland .............................................................................................. 4
Arroyo Willow ........................................................................................................................................................ 4
California Sage Brush ......................................................................................................................................... 4
Aquatic/Wetland .................................................................................................................................................. 4
3.2 SPECIAL-STATUS PLANTS ................................................................................................................................. 4
3.3 SENSITIVE NATURAL COMMUNITIES .............................................................................................................. 5
3.4 SPECIAL-STATUS WILDLIFE SPECIES AND CRITICAL HABITAT ................................................................. 5
4.0 POTENTIAL IMPACTS OR CONSTRAINTS ................................................................................ 5
4.1 POTENTIAL IMPACTS ......................................................................................................................................... 5
Impact 4.1.1 ......................................................................................................................................................................................... 5
Mitigation Measure 4.1.1 ............................................................................................................................................................... 5
Impact 4.1.2 ......................................................................................................................................................................................... 5
Mitigation Measure 4.1.2 ............................................................................................................................................................... 5
Impact 4.1.3 ......................................................................................................................................................................................... 6
Mitigation Measure 4.1.3 ............................................................................................................................................................... 6
Impact 4.1.4 ......................................................................................................................................................................................... 6
Mitigation Measure 4.1.4 ............................................................................................................................................................... 6
4.2 CONSISTENCY WITH POLICIES ......................................................................................................................... 6
Migratory Bird Treaty Act ................................................................................................................................ 7
Wetlands, Riparian Areas and Jurisdictional Areas .............................................................................. 7
U.S. Army Corps of Engineers ........................................................................................................................... 7
Regional Water Quality Control Board ....................................................................................................... 7
United States Fish and Wildlife Service ....................................................................................................... 8
California Department of Fish and Wildlife .............................................................................................. 8
5.0 CONCLUSION ..................................................................................................................................... 9
Figure 1. Project Location Map 2
APPENDIX A Maps of Existing and Proposed Trail
APPENDIX B Photograph Locations and Photographs of Proposed Trail
APPENDIX C Botanic and Wildlife Information
APPENDIX D References
Item 12.c. - Page 46
James Way Oak Habitat & Wildlife Preserve Proposed Trail March 2017
City of Arroyo Grande 1
1.0 Introduction
The City of Arroyo Grande has proposed a trail addition to an existing trail located at
the James Way Oak Habitat and Wildlife Preserve in the City of Arroyo Grande, San
Luis Obispo County, California (Figure 1). The proposed trail addition (Project) will
add approximately 0.58 miles of trail to the existing trail (Appendix A). This
Technical Memorandum provides a Project description, an environmental setting
review, and discussion of possible Project impacts or constraints and related
mitigation measures.
1.1 Project Location
The Project is located in the City of Arroyo Grande, San Luis Obispo County,
California in the approximately 60-acre James Way Oak Habitat and Wildlife
Preserve (Preserve). To the north of the Preserve is James Way Street, to the east
are residential developments and to the south and west are a combination of
residential and commercial developments.
1.2 Methods and Materials
This Report was prepared by Cindy Cleveland, Senior Biologist. To prepare this
report, the author reviewed available background documents and information and
conducted site visits on March 3 to 14, 2017 to characterize and photograph existing
conditions (Appendix B).
Documents that were reviewed to prepare the report included:
• Site aerial photographs
• California Natural Diversity Database Special-Status Species records for the
Arroyo Grande NE and surrounding Quadrangles
• California Natural Diversity Database (CNDDB) records of State and
Federally listed species that have been previously documented within a 3-
mile radius of the study area
• San Luis Obispo County Vegetation mapping
• USFWS Critical Habitat Mapper
Item 12.c. - Page 47
2
Figure 1. James Way Oak Habitat & Wildlife Preserve Location Map.
James Way Trail
San Luis Obispo County, California
Location Map
Project Location
Item 12.c. - Page 48
James Way Oak Habitat & Wildlife Preserve Proposed Trail March 2017
City of Arroyo Grande 3
2.0 Project Description
In order to allow trail access during winter months and to protect wetland and
riparian habitats, the new trail will be built upland from the original trail (pers.
comm. Curtis Johnson, City of Arroyo Grande, Appendix A and D).
The proposed trail will be built by City of Arroyo Grande trail volunteers who have
experience with both trail construction and trail maintenance and with the
assistance of Central Coast Concerned Mountain Bike club (pers. comm. Eric Nelson,
City of Arroyo Grande volunteer). The trail workers will either hike or bike into the
Project site and will use only hand tools for all trail construction activities. All work
activities will be done with the minimal amount of impact needed for trail
construction and all work tools will be removed from the project site after each day
of construction.
Emphasis will be on maintaining the natural appearance of the trail corridor. The
new trail cut will remove vegetation and soil which will then be saved (to disperse
on the trail once it is completed to make it look aged) or carried off-site for disposal.
Once the trail is cleared, soil will be removed from the inside of the trail to the
outside of the trail and packed into place (1/2 bench cut). Trail construction is
expected to take 4-8 weeks depending on the number of volunteers and weather
conditions.
3.0 Environmental Setting
The Project is located in southern San Luis Obispo County approximately 3 miles
inland from the Pacific Ocean. The Project site is relatively low gradient on the
northern end near James Way and gradually increases in elevation along the
southern portion of the Project site. Elevations at the Preserve range from
approximately 56 feet above mean sea level (MSL) to 270 MSL (City of Arroyo
Grande, 2009).
3.1 Vegetation Communities
The Preliminary Descriptions of the Terrestrial Natural Communities of California
(Holland 1986) was cross-referenced with A Manual of California Vegetation Second
Edition (Sawyer, Keeler-Wolf and Evens 2009) to provide the vegetation
classifications for this report. The Preserve has five main habitat types: Coast Live
Oak, California Annual and Perennial Grassland, Arroyo Willow, California Sage
Brush, and Aquatic/Wetland. The dominant habitat type at the Preserve is Coast
Live Oak. Most of the Project site is within the Coast Live Oak habitat.
Coast Live Oak
Coast Live Oak habitat covers approximately 48.2 acres of the approximately 60-
acres of the Preserve and approximately 100% of the Project site (City of Arroyo
Item 12.c. - Page 49
4
Grande, 2009, Appendix B). Coast Live Oak habitat in the Project area contains coast
live oak trees (Quercus agrifolia) with an understory of poison oak (Toxicodendron
diversilobum), hummingbird sage (Salvia spathacea), and Italian thistle (Carduus
pycnocephalus) (City of Arroyo Grande, 2009).
California Annual and Perennial Grassland
In the Project site the understory contains California Annual and Perennial
Grassland habitats with common wild oats (Avena fatua), Italian thistle, soft chess
(Bromus hordeaceus), hairy vetch (Vicia vilosa), ripgut brome (B. diandrus), and
scarlet pimpernel (Analgalis arvensis).
Arroyo Willow
This habitat type occurs near the drainage and wetlands on the Property. It contains
arroyo willow (Salix lasiolepis), mulefat (Artemisia douglasiana), bird’s foot trefoil
(Lotus corniculatus), Himalayan blackberry (Rubus discolor), and prickly ox-tongue
(Picris echioides) (City of Arroyo Grande, 2009).
California Sage Brush
This habitat type occurs in the eastern portion of the Property and includes coyote
brush (Baccharis pilularis), California sagebrush (Artemisia californica), and
California blackberry (Rubus ursinus) (City of Arroyo Grande, 2009).
Aquatic/Wetland
The Property contains intermittent to perennial Meadow Creek, several unnamed
ephemeral drainages to Meadow Creek, and two large ponds that flow into Meadow
Creek. Meadow Creek flows into Pismo Lake and eventually into Arroyo Grande
Creek.
3.2 Special-Status Plants
Special-status plants and habitats of concern with the potential to occur within the
study area are discussed below. ‘Potential to occur’ is based on the presence or
absence of suitable habitat for each species as reported in scientific databases and
literature.
Based on the biological data queried and a draft 2009 report James Way Habitat Fuel
Modification Project. Biological Resources Assessment, 56 special-status plant species
have the potential to occur within the study area (CDFW 2017, City of Arroyo
Grande 2009). Fourteen of these special-status plant species have the potential to
occur on the Property and four have been observed on the Property: Hoover’s bent
grass (Agrostis hooveri), Kellogg’s horkelia (Horkelia cuneata ssp. sericea), Michael’s
rein orchid (Piperia michaelii), and Wells’ manzanita (Arctostaphylos wellsii) (City of
Arroyo Grande, 2009). In addition, Pismo Clarkia (Clarkia speciosa ssp. Immaculate)
is documented across the street from the Project site (CNDDB 2017). Further
studies are required to determine if these species occur within the Project area.
Item 12.c. - Page 50
James Way Oak Habitat & Wildlife Preserve Proposed Trail March 2017
City of Arroyo Grande 5
3.3 Sensitive Natural Communities
The Property may contain several sensitive natural communities including: Coastal
and Valley Freshwater Marsh, Central Coast Riparian Scrub, Coast Live Oak Forest-
Woodland and Valley Needlegrass Grassland (City of Arroyo Grande, 2009).
3.4 Special-Status Wildlife Species and Critical Habitat
Special-status wildlife species with the potential to occur within the study area are
discussed below and listed in Appendix C. ‘Potential to occur’ is based on the
presence or absence of suitable habitat for each species as reported in scientific
databases and literature. Based on the biological data queried and the draft 2009
report James Way Habitat Fuel Modification Project. Biological Resources Assessment,
24 special-status wildlife species have the potential to occur within the study area
(CDFW 2017, Appendix C). Of these species, Cooper’s hawk (Accipiter cooperii) has
been observed on-site by the author.
4.0 Potential Impacts or Constraints
Construction of the trail has the potential to impact special-status plant and wildlife
species and nesting birds. Possible Project impacts and related environmental
policies are discussed below, along with recommendations for avoidance and
mitigation measures to reduce the potential for impact.
4.1 Potential Impacts
Impact 4.1.1
Trail construction may impact California Annual and Perennial Grasslands which
may contain special-status plant species.
Mitigation Measure 4.1.1
Perform a special-status plant survey in the Project areas before any work
activities begin. Avoid any special-status plant species that are found during
the preconstruction survey. Before any Project activities commence all
workers should attend biological orientation training, by a qualified biologist,
that covers the avoidance of any special-status plant species.
Impact 4.1.2
Trail construction may impact Coast Live Oak habitats. No oak trees will be removed
or trimmed for Project activities but there may be indirect impacts to Coast Live Oak
habitats from vehicles and/or machinery used during trail construction.
Mitigation Measure 4.1.2
All Project activities should occur outside of 1.5 times the dripline for any oak
tree and only the minimum amount of vegetation needed for trail construction
should be removed. Only hand tools should be used for trail construction.
Before any Project activities commence all workers should attend biological
orientation training, by a qualified biologist, that covers the avoidance of any
Item 12.c. - Page 51
6
oak trees.
Impact 4.1.3
Trail construction may impact Wells’ Manzanita.
Mitigation Measure 4.1.3
The Project site should be surveyed before construction for Wells’ Manzanita.
If any Wells’ Manzanita are found within the Project site they should be
avoided. Before any Project activities commence all workers should attend
biological orientation training, by a qualified biologist, that covers the
avoidance of Wells’ Manzanita.
Impact 4.1.4
Trail construction may impact special-status animal species. Most of the special-
status animal species on the Property are associated with wetland and/or riparian
habitats. Special-status bird species, bat species, and birds protected under the
Migratory Bird Treaty Act may be in the Project area. Direct impacts to nesting birds
includes harm to active nests and indirect impacts include possible abandonment of
any nest. Silvery legless lizards and coast horned lizards may also occur in the
Project area and may be impacted from Project activities.
Mitigation Measure 4.1.4
If the Project is to be completed during the nesting bird season, a nesting bird
survey by a qualified biologist should be performed in the Project area before
any work activities commence. If any nesting birds are found an appropriate
and highly visible buffer should be established around the nest until the nest
is no longer occupied. In addition, a qualified biologist should do a
preconstruction survey for badgers and their dens and for bats. If a badger
den is located a buffer should be established around the den. If any bats are
located consultation with California Department of Fish and Wildlife should be
initiated.
Prior to any Project activities, a qualified biologist should survey disturbance
areas and relocate to a safe area outside of Project areas, any silvery legless
lizards and/or coast horned lizards found. Surveys should include raking of
leaf litter and sand where habitats exist. A qualified biologist should 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 workers should attend biological
orientation training, 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.
4.2 Consistency with Policies
Item 12.c. - Page 52
James Way Oak Habitat & Wildlife Preserve Proposed Trail March 2017
City of Arroyo Grande 7
For the purposes of this report, potential impacts to biological resources were
analyzed based on the following statutes and policy documents:
• Migratory Bird Treaty Act (MBTA)
• Section 404 of the Clean Water Act
• Porter-Cologne Water Quality Control Act
• California Environmental Quality Act (CEQA)
• Federal Endangered Species Act (FESA)
• California Endangered Species Act (CESA)
• California Fish and Game Code (CFGC)
Migratory Bird Treaty Act
The Migratory Bird Treaty Act (MBTA) with Canada, Mexico, and Japan makes it
unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture,
or kill migratory birds. The law applies to the removal of any and all nests that are
occupied by migratory birds during the nesting season. California Fish and Wildlife
Code Section (CDFW) 3500 also prohibits the destruction of any nest, egg, or
nestling. Coast live oak habitats within the Project area provide suitable habitat for
nesting birds protected by the CDFW and MBTA. Project mitigation measures, if
implemented, will reduce or eliminate impacts to any migratory birds.
Wetlands, Riparian Areas and Jurisdictional Areas
The Property contains wetlands which could potentially fall under the jurisdiction
of the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board
(RWQCB), CDFW, and/or the California Coastal Commission (CCC). The Project site
is not located within any wetland habitats and will not impact any wetland habitats.
U.S. Army Corps of Engineers
Under Section 404 of the Clean Water Act, the U.S. Army Corps of Engineers (USACE)
has authority to regulate activities that could discharge fill of material or otherwise
adversely modify wetlands or other “waters of the United States.” Perennial and
intermittent creeks are considered waters of the United States if they are
hydrologically connected to other jurisdictional waters. The USACE also implements
the federal policy embodied in Executive Order 11990, which is intended to result in
no net loss of wetland value or acres. In achieving the goals of the Clean Water Act,
the USACE seeks to avoid adverse impacts and offset unavoidable adverse impacts
on existing aquatic resources. Any fill or adverse modification of wetlands that are
hydrologically connected to jurisdictional waters would require a permit from the
USACE prior to the start of work. Project activities do not take place in any “waters
of the United States” that are under USACE jurisdiction.
Regional Water Quality Control Board
The State Water Resources Control Board (SWRCB) and the local Central Coast
Regional Water Quality Control Board (RWQCB) have jurisdiction over “waters of
the State,” pursuant to the Porter-Cologne Water Quality Control Act, which are
defined as any surface water or groundwater, including saline waters, within the
Item 12.c. - Page 53
8
boundaries of the State. The SWRCB has issued general Waste Discharge
Requirements (WDRs) regarding discharges to “isolated” waters of the State (Water
Quality Order No. 2004-0004-DWQ, Statewide General Waste Discharge
Requirements for Dredged or Fill Discharges to Waters Deemed by the U.S. Army
Corps of Engineers to be Outside of Federal Jurisdiction). The Central Coast RWQCB
enforces actions under this general order for isolated waters not subject to federal
jurisdiction, and is also responsible for the issuance of water quality certifications
pursuant to Section 401 of the Clean Water Act for waters subject to federal
jurisdiction. Project activities do not take place in any “waters of the State” that are
under RWQCB jurisdiction.
United States Fish and Wildlife Service
The USFWS implements the Migratory Bird Treaty Act (16 United States Code [USC]
Section 703-711) and the Bald and Golden Eagle Protection Act (16 USC Section
668). The USFWS and National Marine Fisheries Service (NMFS) share
responsibility for implementing the Federal Endangered Species Act (FESA) (16 USC
§ 153 et seq.). The USFWS generally implements the FESA for terrestrial and
freshwater species, while the NMFS implements the FESA for marine and
anadromous species. Projects that would result in “take” of any federally listed
threatened or endangered species are required to obtain permits from the USFWS
or NMFS through either Section 7 (interagency consultation with a federal nexus) or
Section 10 (Habitat Conservation Plan) of FESA, depending on the involvement by
the federal government in permitting and/or funding of the project. The permitting
process is used to determine if a project would jeopardize the continued existence of
a listed species and what measures would be required to avoid jeopardizing the
species. “Take” under federal definition means to harass, harm (which includes
habitat modification), pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to
attempt to engage in any such conduct. Proposed or candidate species do not have
the full protection of FESA; however, the USFWS and NMFS advise project applicants
that they could be elevated to listed status at any time. Project mitigation measures,
if implemented, will reduce or eliminate “take” for any federally listed species.
California Department of Fish and Wildlife
The California Department of Fish and Wildlife (CDFW) derives its authority from
the Fish and Game Code of California. The California Endangered Species Act (CESA)
(Fish and Game Code Section 2050 et. seq.) prohibits take of state listed threatened,
endangered or fully protected species. Take under CESA is restricted to direct
mortality of a listed species and does not prohibit indirect harm by way of habitat
modification. The CDFW also prohibits take for species designated as Fully
Protected under the Code.
California Fish and Game Code sections 3503, 3503.5, and 3511 describe unlawful
take, possession, or destruction of birds, nests, and eggs. Fully protected birds
(Section 3511) may not be taken or possessed except under specific permit. Section
3503.5 of the Code protects all birds-of-prey and their eggs and nests against take,
possession, or destruction of nests or eggs.
Item 12.c. - Page 54
James Way Oak Habitat & Wildlife Preserve Proposed Trail March 2017
City of Arroyo Grande 9
Perennial and intermittent streams and associated riparian vegetation, when
present, also fall under the jurisdiction of the CDFW. Section 1600 et seq. of the Fish
and Game Code (Lake and Streambed Alteration Agreements) gives the CDFW
regulatory authority over work within the stream zone (which could extend to the
100-year flood plain) consisting of, but not limited to, the diversion or obstruction of
the natural flow or changes in the channel, bed, or bank of any river, stream or lake.
Project activities do not take place in any wetland or riparian habitats that are under
CDFW jurisdiction. Project mitigation measures, if implemented, will reduce or
eliminate impacts to any state listed species, including nesting birds.
5.0 Conclusion
Based on the biological data queried for this report, there is the potential for special-
status plant species, special-status wildlife species, and nesting birds to occur in the
Project area. Mitigation measures such as those recommended above will greatly
reduce or eliminate any impacts to sensitive habitats, animals, and nesting birds in
the Project area.
Item 12.c. - Page 55
Appendix A
Map of Existing and Proposed Trail
Map Provided by City of Arroyo Grande
Item 12.c. - Page 56
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Appendix B
Photograph Locations and Photographs of Proposed Trail
Item 12.c. - Page 58
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Photopoint #1. Proposed James Way Trail. Photograph taken March 13, 2017.
Photopoint #2. Proposed James Way Trail. Photograph taken March 13, 2017.
James Way Trail
Item 12.c. - Page 60
Photopoint #3. Proposed James Way Trail. Photograph taken March 13, 2017.
Photopoint #4. Proposed James Way Trail. Photograph taken March 13, 2017.
James Way Trail
Item 12.c. - Page 61
Photopoint #5. Proposed James Way Trail. Photograph taken March 13, 2017.
Photopoint #6. Proposed James Way Trail. Photograph taken March 13, 2017.
James Way Trail
Item 12.c. - Page 62
Photopoint #7. Proposed James Way Trail. Photograph taken March 13, 2017.
Photopoint #8. Proposed James Way Trail. Photograph taken March 13, 2017.
James Way Trail
Item 12.c. - Page 63
Photopoint #9. Proposed James Way Trail. Photograph taken March 13, 2017.
Photopoint #10. Proposed James Way Trail. Photograph taken March 13, 2017.
James Way Trail
Item 12.c. - Page 64
Photopoint #11. Proposed James Way Trail. Photograph taken March 13, 2017.
Photopoint #12. Proposed James Way Trail. Photograph taken March 13, 2017.
James Way Trail
Item 12.c. - Page 65
Appendix C
Botanic and Wildlife Information
Adapted from Draft James Way Habitat Fuel Modification
Project. Biological Resources Assessment
Item 12.c. - Page 66
q Black-flowered figwort (Scrophularia atrata). Suitable habitat conditions are present
within the project area in the riparian and coastal scrub habitats in the vicinity of on-site
drainages.
q California spineflower (Mucronea californica). This species may be found where sandy
soils underlie coastal scrub, grassland, and woodland habitats within the project area.
q Hoover’s bent grass (Agrostis hooveri). This species was observed in the valley
needlegrass grassland on-site (Figure 2). It may also be found in the oak woodland on-
site.
q Indian knob mountainbalm (Eriodictyon altissimum). This species may occur in oak
woodland, particularly along the southern boundary of the site.
q Kellogg’s horkelia (Horkelia cuneata ssp. sericea). Coast horkelia (Horkelia cuneata ssp.
cuneata) was identified on-site. Kellogg’s horkelia may be found in the coastal scrub in
the eastern portion of the project area.
q La Panza mariposa-lily (Calochortus obispoensis). This species could potentially occur in
coastal scrub and grassland areas within the project area, particularly where sandy soils
occur.
q Leafy tarplant (Deinandra increscens ssp. foliosa). Suitable habitat for leafy tarplant is
present in grassland habitats on-site.
q Mesa horkelia (Horkelia cuneata ssp. puberula). Mesa horkelia could potentially occur
in coastal scrub and oak woodland underlain by sandy soils.
q Michael’s rein orchid (Piperia michaelii). Observed in non-native grassland in south-
central portion of the site.
q Rayless ragwort (Senecio aphanactis). Marginal habitat is present where sandy slopes
are vegetated with oak woodland or coastal scrub.
q San Luis Obispo County lupine (Lupinus ludovicianus). This species may potentially
occur where oak woodlands are growing in sandy soils.
q San Luis Obispo owl’s clover (Castilleja densiflora ssp. obispoensis). Castilleja densiflora
was observed on-site within the valley needlegrass grassland, but could not be
identified to subspecies as it was past the bloom period and the specimen was
desiccated (Figure 2). This species could occur within the grassland on-site.
q Wells’ manzanita (Arctostaphylos wellsii). Wells’ manzanita was observed along the
margins of the valley needlegrass grassland and oak woodland habitat types. Another
individual was observed adjacent to the concrete channel in Meadow Creek on-site
(Figure 2). It may occur elsewhere on-site.
q Yellow-flowered eriastrum (Eriastrum luteum). Marginally suitable habitat for yellow-
flowered eriastrum is present in oak woodland underlain by sandy soils.
Item 12.c. - Page 67
q San Luis Obispo pyrg (Pyrgulopsis taylori). Portions of the on-site drainages within the
project area, including both open water areas, contain suitable aquatic habitat for this
species.
q California red-legged frog (Rana draytonii). On-site drainages, including the two open
water areas, offers suitable habitat for this species. Suitable upland habitat is also
present elsewhere within the project area.
q Coast horned lizard (Phrynosoma coronatum). The coast horned lizard could potentially
occur in the coastal scrub, grassland, and oak woodland habitats within the project area,
particularly where sandy soils occur.
q Coast range newt (Taricha torosa torosa). This species could potentially breed in open
water areas associated with on-site drainages, and utilize terrestrial habitat adjacent to
these features.
q Silvery legless lizard (Anniella pulchra pulchra). This species could potentially occur
throughout the oak woodland and coastal scrub on-site.
q Southwestern pond turtle (Actinemys marmorata pallida). The southwestern pond
turtle may find suitable habitat within Meadow Creek.
q Two-striped garter snake (Thamnophis hammondii). This species may be found in on-
site drainages and its associated open water areas.
q California horned lark (Eremophila alpestris actia). Marginally suitable habitat that may
support nesting and/or foraging for this species is present in the small grassland and
coastal scrub patches on-site.
q Cooper’s hawk (Accipiter cooperii). The Cooper’s hawk may be found nesting in the oak
woodlands on-site and foraging generally along habitat edges throughout the project
site.
q Loggerhead shrike (Lanius ludovicianus). Suitable nesting habitat is present in the
coastal scrub on-site. Could forage over open areas of site including the coastal scrub
and grassland areas.
q Merlin (Falco columbarius). The merlin nests outside of California, but may be found
foraging over each of the habitats on-site during the non-breeding/wintering season.
q Prairie falcon (Falco mexicanus). The prairie falcon is not likely to nest on-site, but may
forage over grassland areas.
q Purple martin (Progne subis). The purple martin may nest in oak woodlands and
riparian areas within the project area, and may forage in woodlands, scrub, and
grassland habitats as well.
q Sharp-shinned hawk (Accipiter striatus). The sharp-shinned hawk may nest and forage
in riparian and oak woodland areas on-site.
q Tricolored blackbird (Agelaius tricolor). Marginally suitable wetland habitat is present
along on-site drainages.
q Western yellow-billed cuckoo (Coccyzus americanus occidentalis). Suitable habitat is
present within the riparian habitats associated with Meadow Creek.
q Yellow warbler (Dendroica petechia brewsteri). This species is expected to use the
riparian habitat along Meadow Creek for both foraging and nesting.
Item 12.c. - Page 68
q American badger (Taxidea taxus). The American badger may be found denning in the
grasslands on-site, as well as the more open portions of coastal scrub and oak
woodlands.
q Hoary bat (Lasiurus cinereus). The hoary bat may be found roosting in oak woodlands
within the project areas and may forage over open areas and habitat edges throughout
the site.
q Yuma myotis (Myotis yumanensis). The Yuma myotis may be found roosting in trees in
riparian and oak woodland areas, particularly near open water. It may be found
foraging over all habitats on-site.
q Pallid bat (Antrozous pallidus). No suitable roosting habitat is present, but the pallid bat
may forage in all habitats on-site.
q Townsend’s western big-eared bat (Corynorhinus townsendii). No suitable roosting
habitat is present on-site, but suitable foraging habitat is present in open areas
throughout the site.
q Western mastiff bat (Eumops perotis californicus). The western mastiff bat may be
found roosting in trees within the oak woodlands on-site and foraging within the
woodlands, grasslands, and coastal scrub on-site.
q Western red bat (Lasiurus blossevillii). The western red bat may be found roosting in
trees within the woodlands on-site, particularly in the margins of the woodlands. It may
forage over open areas within grasslands, woodlands, and coastal scrub habitats on-site.
Item 12.c. - Page 69
Appendix D
References
Item 12.c. - Page 70
Baldwin, B.G., D.H. Goldman, D.J. Keil, R. Patterson, T.J. Rosatti, and D. H. Wilken, editors. 2012.
The Jespon Manual; Vascular Plants of California, second edition. University of California
Press, Berkeley.
California Natural Diversity Database (CNDDB) Rarefind. 2017. The California Department of
Fish and Wildlife Natural Diversity DataBase https://www.wildlife.ca.gov/Data/CNDDB/Maps-
and-Data
City of Arroyo Grande. 2009. Draft James Way Habitat Fuel Modification Project. Biological
Resources Assessment. Prepared by Rincon Consultants, Inc.
Holland. R. F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of
California. Prepared for California Dept. of Fish and Game.
Johnson, Curtis. City of Arroyo Grande. Personal Communication. Phone call. March 6, 2017.
Nelson, Eric. City of Arroyo Grande Volunteer. Personal Communication. Email. March 7, 2017.
Sawyer, Keeler-Wolf and Evens. 2009. A Manual of California Vegetation. Second Edition.
California Native Plant Society.
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