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R 4816 RESOLUTION NO. 4816 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION, INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF ' DETERMINATION, AND APPROVING THE JAMES WAY OAK HABITAT AND WILDLIFE PRESERVE TRAIL ADDITIONAL PROJECT (STAFF PROJECT 17-008); APPLIED FOR BY THE CITY OF ARROYO GRANDE WHEREAS, on September 13, 1994 the Arroyo Grande City Council adopted Resolution No. 3052, accepting a fee-simple offer of dedication for property known as the James Way Habitat (the "Habitat"); and WHEREAS, on January 11, 2017, the Parks and Recreation Commission voted unanimously to bring back for formal consideration a proposal to construct an additional hiking trail segment in the Habitat; and WHEREAS, on April 12, 2017, the Parks and Recreation Commission recommended approval of the proposed trail addition to the City Council; and WHEREAS, on July 18, 2017, the Planning Commission reviewed the draft Mitigated Negative Declaration and recommended the City Council adopt the document; and WHEREAS, the Planning Commission also recommended the trail be restricted to not be used by mountain bikers; and WHEREAS, it is not recommended that the trail exclude mountain bikers given the recreational nature of the trails in the Habitat and the ability to restrict use in the future if issues arise; and WHEREAS, the City Council has reviewed the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has reviewed the draft Mitigated Negative Declaration; and WHEREAS, the City Council has reviewed the project at its regularly scheduled meeting on August 22, 2017; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: Required CEQA Findings: 1 The City of Arroyo Grande has prepared an Initial Study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for the James Way Oak Habitat and Wildlife Preserve Trail Addition Project. RESOLUTION NO. 4816 PAGE 2 2. Based on the Initial Study, a Mitigated Negative Declaration was prepared for public review A copy of the Mitigated Negative Declaration and related materials is located at City Hall in the Community Development Department. 3. After holding a public meeting pursuant to State and City Codes, and considering the record as a whole, the City Council adopts a Mitigated Negative Declaration and finds that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. Further, the City Council finds that said Mitigated Negative Declaration reflects the City's independent judgment and analysis. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts the Mitigated Negative Declaration as set forth in Exhibit "B", a full copy of which is on file in the Community Development Department, instructs the City Clerk to file a Notice of Determination, and approves the James Way Oak Habitat and Wildlife Preserve Trail Addition project as set forth in Exhibit "C" attached hereto and incorporated herein by this reference, with the above findings and subject to the mitigation measures as including the Mitigated Negative Declaration and set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On a motion by Mayor Hill, seconded by Council Member Brown, and by the following roll call vote to wit: AYES: Mayor Hill, Council Members Brown, Ray, and Barneich NOES: None ABSENT: Council Member Harmon the foregoing Resolution was adopted this 22nd day of August 2017 RESOLUTION NO. 010 PAGE 3 , r1 � iMAYOR ATTEST: ail KELLY ET4 RE, CITY CLERK APPROVED AS TO CONTENT: JAMS 1kSAN, CITY MANAGER APPROVED AS TO FORM: GG EATHER K. WHITHAM, CITY ATTORNEY RESOLUTION NO. 4816 PAGE 4 EXHIBIT "A" MITIGATION MEASURES JAMES WAY OAK HABITAT AND WILDLIFE PRESERVE TRAIL ADDITION PROJECT A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate City department or responsible agency The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. Biological Resources MM IV-1: A qualified biologist shall perform a special-status plant survey in the Project area before any work activities begin. All project activities shall avoid any special-status plant species that are found during the preconstruction survey Before any Project activities commence, all trail workers shall attend biological orientation training, provided by a qualified biologist that covers the avoidance of any special-status plant species. Responsible Party: City of Arroyo Grande — Public Works Monitoring Agency: City of Arroyo Grande — Public Works. Timing: Prior to construction MM IV-2: The Project site shall be surveyed before construction for Wells' Manzanita. If any Wells' Manzanita are found within the Project site, the plants will be avoided. Before any Project activities commence, all trail workers shall attend biological orientation training, provided by a qualified biologist that covers the avoidance of Wells' Manzanita. Responsible Party: City of Arroyo Grande — Public Works Monitoring Agency: City of Arroyo Grande — Public Works. Timing: Prior to construction MM IV-3: Prior to any Project activities, a qualified biologist shall survey disturbance areas and relocate any silvery legless lizards and/or coast horned lizards found, to a safe area outside of the Project area. Surveys shall include raking of leaf litter and sand where,habitats exist. A qualified biologist shall be present at all times during ground disturbing Project activities to recover any silvery legless lizards and coast horned lizards that may be found. Before any Project activities commence, all trail workers shall attend biological orientation training, provided by a qualified biologist that covers the avoidance of any special-status animal species that may occur or that were found in the Project area. Responsible Party: City of Arroyo Grande— Public Works Monitoring Agency: City of Arroyo Grande— Public Works. Timing: Prior to and during construction RESOLUTION NO. 4816 PAGE 5 MM IV-4: If the Project is to be completed during the nesting bird season, which is typically between the middle of February to the end of August, a nesting bird survey by a qualified biologist shall be performed in the Project area before any work activities commence. If any nesting birds are found, an appropriate and highly visible buffer shall be established around the nest until the nest is no longer occupied. In addition, a qualified biologist shall do a preconstruction survey for badgers and their dens and for bats. If a badger den is located, a buffer shall be established around the den. If any bats are located, consultation with the California Department of Fish and Wildlife shall be initiated. Responsible Party: City of Arroyo Grande — Public Works Monitoring Agency: City of Arroyo Grande — Public Works. Timing: Prior to construction MM IV-5: Where possible, project activities shall occur outside of 1 5 times the dripline for any oak tree. In areas where this is not possible due the high density of oaks, project activities will not expose any oak tree roots and only the minimum amount of vegetation needed for trail construction shall be removed. Only hand tools shall be used for trail construction. Before any Project activities commence, all trail workers shall attend biological orientation training, provided by a qualified biologist, that covers oak tree avoidance, if possible, and oak tree mitigations. Responsible Party: City of Arroyo Grande — Public Works Monitoring Agency: City of Arroyo Grande — Public Works. Timing: Prior to and during construction Cultural Resources MM V-1: If a potentially significant cultural resource is encountered during surface earthwork activities, all construction activities within a 100-foot radius of the find shall cease until a qualified archaeologist determines whether the uncovered resource requires further study Any previously undiscovered resources found during construction shall be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of California Environmental Quality Act criteria by a qualified archaeologist. Potentially significant cultural resources consist of, but are not limited to, stone, bone, glass, ceramic, wood, or shell artifacts; fossils; or features including hearths, structural remains, or historic dumpsites. If the resource is determined significant under CEQA, the qualified archaeologist shall prepare and implement a research design and archaeological data recovery plan that will capture those categories of data for which the site is significant. The archaeologist shall also perform appropriate technical analysis, prepare a comprehensive report, and file it with the appropriate Information Center and provide for the permanent curation of the recovered materials. Responsible Party: City of Arroyo Grande— Public Works Monitoring Agency: City of Arroyo Grande — Public Works. RESOLUTION NO. 4816 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 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 GRIEB DRGRIEB DRJAM E S WY JAM E S W Y STEVENSON DRSTEVENSON DRLEISURE DRLEISURE DRMEADOW WYMEADOW WY CALLE CUERVOCALLE CUERVODDOOSS CCEERRRROOSSCCLLEEVVEENNGGEERRDDRR AACCOORRNNDDRR2 5 0 f t 2 5 0 f t 2 0 0 f t 2 0 0 f t 150 f t 150 f t 10 0 f t 10 0 f t 100ft100ft50ft50ftE A S T F OR K M EA D O W C RE E K 120°35'50"W120°35'50"W120°36'0"W120°36'0"W35°8'0"N35°8'0"N35°7'50"NContour Interval: 5 ftJAMES WAY OAK HABITAT & WILDLIFE PRESERVE PROPOSED TRAIL MAPWaterwaysProposed TrailExisting Trail00250250500500125125FeetFeetPPrr oo pp oo ss eeddTTrraaiill--00..5588 mm ii EE xx ii ss tt ii nn ggTTrr aaiillThis map displays a proposed trail route connecting off of existing trails within the James Way Oak Habitat & Wildlife Preserve. The new trail is approximately 0.58 miles with a total ascent of 45ft.This trail was scouted and flagged by Eric Nelson, and mapped via GPS on December 13, 2016 by CamillaGreenbach, GIS Technician, City of Arroyo Grande.Firgure 1December 2016EXHIBIT "C" OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4816 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 22nd day of August, 2017 WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24th day of August, 2017 lb( / I KELLY T /b RE, CITY CLERK