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HomeMy WebLinkAbout13-21RESOLUTION 13-21 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS, MAKING FINDINGS AND ADOPTING AN INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE CONSTRUCTION OF THE EASTERN SEGMENT OF AN APPROVED OFF-ROAD PATHWAY BETWEEN LA PALOMA ROAD AND ROBLEDA ROAD WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code, §21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, § 15000 et seq.) (collectively, "CEQA"), the Town of Los Altos Hills ("Town") is the lead agency for the La Paloma Road to Robleda Road off-road pathway project ("Project"); and WHEREAS, the Town was incorporated in 1956 and the network. of informal pathways that had developed throughout the Town prior to incorporation was formalized and then expanded incrementally as the Town's population grew; and WHEREAS, various pathway easements for the existing and proposed Project were granted when the surrounding lands were subdivided in the 1970s through Tract Maps 5624 and 6527 and later amended by Parcel Map 836; and WHEREAS, in 1981, the Town established a Master Path Plan (MPP) which provided a blueprint for the build -out of the Town's pathway system and has been amended several times since its original adoption, the most recent amendment occurring in May 2020; and WHEREAS, the alignment of the Project was shown on the 1981 MPP and in all subsequent MPP updates that followed; and WHEREAS, the construction of the westerly half of the trail from La Paloma Road to the southerly corner of 13310 La Paloma Road was completed in 2011 with the construction of the new residence at that property; and WHEREAS, on June 2019, the City Council approved the final alignment of the eastern half of the path and authorized funding to complete the preliminary design and an environmental assessment for the Project; and WHEREAS, in accordance with CEQA Guidelines section 15063, the Town prepared an Initial Study to analyze whether the proposed Project may cause a potentially significant effect on the environment; and WHEREAS, based on the information contained in the Initial Study, which concluded that the proposed Project could have potentially significant impacts but that those impacts could be reduced to less than significant levels with implementation of proposed mitigation measures, a Mitigated Negative Declaration ("MND") pursuant to CEQA Guidelines Section 15070 — 15074 Resolution 13-21 Page 1 was prepared, a copy of which is attached hereto as Exhibit "A" and identified as the "Initial Study/Mitigated Negative Declaration ("IS/MND") document; and WHEREAS, pursuant to Public Resources Code Section 21081.6 and CEQA Guidelines Section t5074(d), the Town prepared a program for reporting on or monitoring the changes which it has required in the proposed Project to mitigate or avoid potential significant environmental effects (the "Mitigation Monitoring and Reporting Program" or "MMRP"), a copy of which is attached hereto as Exhibit `B"; and WHEREAS, the Town properly distributed a Notice of Intent (NOI) to Adopt an MND, pursuant to CEQA Guidelines Section 15072, mailed the NOI to all property owners within 500 feet of the Project area, and filed the NOI with the Santa Clara County Clerk -Recorder Office; and WHEREAS, the Town provided copies of the Initial Study/MND to the public for a 30 -day review and comment period beginning on December 18, 2020 and ending on January 19, 2021, pursuant to CEQA Guidelines Section 15073, during which time the Town received 44 comment letters; and WHEREAS, during the public review and comment period, copies of the Initial Study/MND were available for review and inspection at the Los Altos Hills Town Hall and on the Town's website; and WHEREAS, on January 14, 2021, the Plam- ing Commission conducted a duly -noticed public hearing at which members of the public were afforded an opportunity to comment upon the Initial Study/MND, and at the conclusion of the hearing, the Planning Commission recommended that the City Council adopt the MND and approve the proposed Project; and WHEREAS, on February 5, 2021, the Town mailed a public notice to all property owners within a 500 -foot radius of the Project; and WHEREAS, on February 18, 2021, the City Council held a duly -noticed public meeting as prescribed by law and considered public testimony and evidence and recommendations presented by staff related to the proposed Project and the IS/MND; and WHEREAS, all the requirements of the Public Resources Code, the State CEQA Guidelines, and the regulations and policies of the Town have been satisfied or complied with in connection with the preparation of the MND, which is sufficiently detailed so that all of the potentially significant environmental effects of the proposed Project, as well as feasible mitigation measures, have been adequately evaluated; and WHEREAS, the MND prepared in connection with the proposed Project sufficiently analyzes the feasible mitigation measures necessary to avoid or substantially lessen the proposed Project's potentially significant environmental impacts; and WHEREAS, the findings and conclusions made by the City Council in this Resolution are based upon the oral and written evidence presented as well as the entirety of the administrative record Resolution 13-21 Page 2 for the proposed Project, which is incorporated herein by this reference. The findings are not based solely on the information provided in this Resolution; and WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, including but not limited to the Initial Study, MND, MMRP, and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the MND reflects the independent judgment of the Town and is deemed adequate for purposes of malting decisions on the merits of the proposed Project; and WHEREAS, no comments made in the public hearing conducted by the City Council, and no additional information submitted to the City Council, have produced substantial new information requiring substantial revisions that would trigger recirculation of the MND or additional environmental review of the proposed Project under State CEQA Guidelines Section 15073.5; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Los Altos Hills does hereby Order as Follows: SECTION 1. RECITALS. The City Council hereby finds that the recitals set forth above are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. As the decision -malting body for the proposed Project, the City Council has reviewed and considered the information contained in the MND, the Initial Study, the administrative record, and all other written and oral evidence presented to the Town for the proposed Project, on file with the Town and available for review at the City Clerk's Office, located at 26379 W. Fremont Road, Los Altos Hills, California 94022. Based on the City Council's independent review and analysis, the City Council finds that the MND, Initial Study, and administrative record contain a complete and accurate reporting of the environmental impacts associated with the proposed Project, and that the MND has been completed in compliance with CEQA. SECTION 3. FINDINGS ON ENVIRONMENTAL IMPACTS. Based on the whole record before it, the City Council finds and deten-iiines that evidence in the administrative record, including, without limitation, the analysis and conclusions set forth in the staff reports, responses to comments, testimony provided at the proposed Project's public hearings, the Initial Study, the MND and the supporting technical studies, which include, 1) Biological Evaluation prepared by Live Oak Associates dated October 5, 2020 and updated February 9, 2021, and 2) Investigation of Potential Waters of the United States prepared by Live Oak Associates dated October 5, 2020, demonstrate that, with incorporation of the identified mitigation as set forth in the Mitigation Monitoring and Reporting Program (MMRP), the proposed Project will not have any potential significant environmental impacts. The City Council has considered all comments and other information submitted to the City in connection with the MND. The City Council further finds and determines that there is no substantial evidence in the administrative record supporting a fair Resolution 13-21 Page 3 argument that the proposed Project may have a significant environmental impact. The City Council finds that the MND contains a complete, objective, and accurate reporting of the environmental impacts associated with the proposed Project and reflects the independent judgment and analysis of the Town. SECTION 4. ADOPTION OF THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION. The Town hereby approves and adopts the IS/MND, which is hereby attached to this Resolution as Exhibit "A". SECTION 5. ADOPTION OF THE MITIGATION MONITORING AND REPORTING PROGRAM. In accordance with Public Resources Code section 21081.6, the City Council hereby adopts the MMRP, which is hereby attached to this Resolution as Exhibit "B". In the event of any inconsistencies between the mitigation measures as set forth in the MND and the MMRP, the MMRP shall control. SECTION 8. NOTICE OF DETERMINATION. The City Council hereby directs staff to prepare and file a Notice of Determination with the Santa Clara County Cleric within five (5) working days of the approval of the proposed Project. SECTION 9. LOCATION AND CUSTODIAN OF RECORDS. The documents and materials associated with the proposed Project and the MND that constitute the record of proceedings on which these findings are based are located at the City Cleric's Office, located at 26379 W. Fremont Road, Los Altos Hills, California 94022. The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 18th day of February 2021 by the following vote: AYES: Tanlcha, Tyson, Mok, Schmidt, Swan NOES: None ABSTAIN: None ABSENT: None ATTEST: eborah Padovan, City Cleric Resolution 13-21 Kavita Tankha, Mayor Page 4 Exhibit A The City Council of the Town of Los Altos Iills has considered the project identified below and has adopted the following Mitigated Negative Declaration pursuant to the California Environmental Quality Act: Proposed Project: The La Paloma Road to Robleda Road Off -Road Pathway project proposes to construct a native (compacted dirt) pathway connecting an existing pathway ending at the southern corner of the property at 13310 La Paloma Road to the existing pathway along Robleda Road. The proposed pathway would be approximately 3-4 feet wide and 1,000 feet in length. Location: The project site is located west of Robleda Road and north of Atherton Court within an existing 20 -foot -wide path and equestrian easement in the Town of Los Altos Hills on Assessor Parcel Numbers: 175-36-047, 175-36-020,175-37-034, and 175-37-033. Finding: The attached Initial Study has been prepared by the Town. On the basis of the Initial Study, the Town has determined that the proposed project will not result in a significant effect on the environment because the mitigation measures described in the Initial Study are included in the project. Mitigation Measures Included in the Project: The following mitigation treasures are included in the project to avoid potentially significant effects: ■ Biological Resources MM BIO -1.1: A qualified biologist will conduct a pre -construction survey for San Francisco dusky -footed woodrat nests no more than 30 days and no less than 14 days prior to the onset of construction activities. This survey tithing allows for the scheduling of and deconstruction of any woodrat nests which need deconstructing. The survey will encompass all construction zones and surrounding lands within 50 feet. Resolution 13-21 Page 5 MM BIO -1.2: Identified nests will be avoided. If avoidance is not possible, the nest(s) will be manually deconstructed by a qualified biologist when helpless young are not present, typically during the non -breeding season (October through January). MM BIO -1.3: If it is determined during the pre -construction survey that young may be present, a suitable buffer depending on the tinning within the breeding season (ranging from 15-50 feet) will be established around the nest and maintained during construction until the young are independent and have successfully moved from the nest on their own. MM BIO -1.4: Vegetation removal and construction activities will occur during the non -breeding season (September 1 through January .31). If it is not possible to avoid vegetation removal during the breeding season (February 1 through August 31), preconstruction surveys will be conducted by a qualified biologist no more than 14 days prior to the start of any such activities. The preconstruction survey will include all trees, shrubs, or other areas of potential nesting habitat within the project footprint and within 250 feet for raptors and 50 feet for other birds where practicable and legal access allows. If the target species are deemed absent from the area, then no mitigations are required, and construction can commence immediately. MM BIO -1.5: If nesting raptors or migratory birds are detected during the survey, a suitable disturbance -free buffer will be established around all active nests. The precise dimension of the buffer would be determined at that time and may vary depending on factors such as location, species, topography, and line of sight to the construction area, and may be up to 250 feet. The buffer area(s) will be enclosed with temporary fencing, and equipment and workers will not enter the enclosed buffer areas. Buffers will remain in place until it has been confirmed by a qualified biologist that all chicks have fledged and are independent of their Parents. ■ Cultural Resources MM CUL -2.1: Ul' orker Training. Prior to ground-dis turbing activities, a qualified archaeologist or qualified Native American tribal representative shall provide appropriate cultural sensitivity training to all contractors and employees involved in project ground disturbing activities. The training will include handouts to be given to new workers as needed. MM CUL-2.2:.1-1alt Construction and Evaluate Resource. In the event that prehistoric or historic resources are encountered during excavation and/or grading of the site, all activity within a 50 -foot radius of the find shall stop, the Resolution 13-21 Page 6 Planning and Building Director shall be notified, and an archaeologist designated by the Town shall assess the find and make appropriate recommendations, if warranted. Recommendations could include avoidance, if feasible, preservation in place, or collection, recordation, and analysis of any significant cultural materials. Construction within a radius specified by the archaeologist shall not recommence until the assessment is complete. A report of findings documenting any data recovery would be submitted to the Planning and Building Director. MM CUL -3.1: H/t/nan Remains. If human remains are discovered during pathway construction, all ground -disturbing activity within 100 feet of the remains shall be halted and the Town of Los Altos Iills Planning and Building Director and the Santa Clara County Coroner shall be notified it nediately, according to Section 5097.98 of the State Public Resources Code and Section 7050.5 of California's Health and Safety Code. If the remains are determined by the County coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The project sponsor shallalso retain a professional archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains. The Town of Los Altos Iills shall be responsible for approval of recommended mitigation as it deems appropriate, taking account of the provisions of State law, as set forth in CEQA Guidelines section 15064.5(e) and Public Resources Code section 5097.98. Implementation of the approved mitigation shall be verified by the Planning and Building Director, before resuming ground -disturbing activities within 100 feet of where the remains were discovered. ■ Geology and Soils MM GEO-6.1: Worker Training. A qualified paleontologist will develop a Worker's Environmental Awareness Program (WEAP) to train the construction crew on the legal requirements for preserving fossil resources as well as procedures to follow in the event of a fossil discovery. This training program will be given to the crew before ground -disturbing work commences and will include handouts to be given to new workers as needed. MM GEO-6.2: Halt Construction and Evaluate Resource. In the event that a paleontological resource (fossilized invertebrate, vertebrate, plan or micro -fossil) is found during construction, excavation within 50 feet of the find shall be temporarily halted or diverted until the discovery is evaluated. Upon discovery, the Planning and Building Director shall be notified immediately and a qualified paleontologist shall be retained to document and assess the discovery in Resolution 13-21 Page 7 accordance with Society of Vertebrate Paleontology's 2010 Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources, and determine procedures to be followed before construction is allowed to resume at the location of the find. If determined to be significant, the paleontologist will prepare an excavation plan for mitigating the Project's impact on the resource, including preparation, identification, cataloging, and curation of any salvaged specimens. I, Zachary Dahl, hereby certify that this Mitigated Negative Declaration was prepared in accordance with the provisions of the California Environmental Quality Act of 1970, as amended, and all applicable State and Town guidelines. By: Date: Zachary Dahl Planning and Building Director Resolution 13-21 Page 8 Exhibit B MITIGATION MONITORING OR REPORTING PROGRAM La Paloma x'1.1 to Roble,, Road Off -Road TOWN OF LOS ALTOS HILLS FEBRUARY 2021 Resolution 13-21 Page 9 PREFACE Section 21081 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring or Reporting Program whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring or reporting program is to ensure compliance with the mitigation measures during project implementation. The Initial Study for the La Paloma Road to Robleda Road Off -Road Pathway project concluded that the implementation of the project could result in significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This Mitigation Monitoring or Reporting Program addresses those measures in terms of how and when they will be implemented. This document does not discuss those subjects for which the Initial Study concluded that the impacts from implementation of the project would be less than significant and for which no mitigation measures would be required. Resolution 13-21 Page 10 MITIGATION MONITORING OR REPORTING PROGRAM LA PALOMA ROAD TO ROBLEDA ROAD OFF-ROAD PATIIWAV PROJECT Impact Mitigation Timefl�ame for Responsibility for Oversight of Implementation Implemgntation Implementation BIOLOGICAL RESOURCES Impact BIO -1.1: MM BIO -11: A qualified biologist will conduct a pre- Before and Town of Los Director of the Construction of the proposed construction survey for San Francisco dusky -footed during Altos Hills and Planning and project could have a woodrat nests no more than 30 days and no less than 14 construction. project Building substantial adverse effect on days prior to the onset of construction activities. This contractors. Department, San Francisco dusky -footed survey timing allows for the scheduling of and woodrat if active nests are deconstruction of any woodrat nests which need present during project deconstructing. The survey will encompass all construction. construction zones and surrounding lands within 50 feet. MM BIO -1.2: Identified nests will be avoided. If avoidance is not possible, the nest(s) will be manually deconstructed by a qualified biologist when helpless young are not present, typically during the non -breeding season (October through January). MM BIO -1.3: If it is determined during the pre - construction survey that young may be present, a suitable buffer depending on the timing within the breeding season (ranging from 15-50 feet) will be established around the nest and maintained during construction until the young are independent and have successfully moved from the nest on their own. La Paloma Road to Robleda Road Off -Road Pathway Project Mitigation Monitoring or Reporting Program February 2021 Page 1 Resolution 13-21 Page I I MITIGATION MONITORING OR REPORTING PROGRAM LA PALOMA ROAD TO ROBLEDA ROAD OFF-ROAD PATHWAY PROJECT Lnpact Mitigation Timeframe for Responsibility for of Implementation Implementation Implementation Implementation Lnpact BIO -1.3: MM BIO -1.4: Vegetation removal and construction Before and Town of Los Director of the Construction activities could activities will occur during the non -breeding season during Altos Hills and Planning and result in nest abandonment or (September I through January 31). If it is not possible to construction. project Building the death, injury, or harm of avoid vegetation removal during the breeding season contractors. Department. white-tailed kite, birds of (February 1 through August 31), preconstruction surveys prey, and nesting and will be conducted by a qualified biologist no more than 14 migratory birds if present on- clays prior to the start of any such activities. site. The preconstruction survey will include all trees, shrubs, or other areas of potential nesting habitat within the project footprint and within 250 feet for raptors and 50 feet for other birds where practicable and legal access allows. If the target species are deemed absent from the area, then no mitigations are required, and construction can commence immediately. MM BIO -1.5: If nesting raptors or migratory birds are detected during the survey, a suitable disturbance -free buffer will be established around all active nests. The precise dimension of the buffer would be determined at that time and may vary depending on factors such as location, species, topography, and line of sight to the construction area, and may be up to 250 feet. The buffer area(s) will be enclosed with temporary fencing, and equipment and workers will not enter the enclosed buffer areas. Buffers will remain in place until it has been confirmed by a qualified biologist that all chicks have fledged and are independent of their parents. La Paloma Road to Robleda Road Off -Road Pathway Project Mitigation Monitoring or Reporting Program February 2021 Page 2 Resolution 13-21 Page 12 MITIGATION MONITORING OR REPORTING PROGRAM LA PALOMA ROAD TO ROBLEDA ROAD OFF-ROAD PATHWAY PROJECT Impact Mitigation Timeframe for Responsibility tot Oversight of Implementation Implementation Implementation CULTURAL RESOURCES Impact CUL -2.1: MM CUL -2.1: Worker Training. Prior to ground- Prior to ground Town of Los Director of the Construction of the proposed disturbing activities, a qualified archaeologist or qualified disturbing Altos Hills and Planning and project could impact unknown Native American tribal representative shall provide activities and project Building archaeological resources, if appropriate cultural sensitivity training to all contractors during contractors. Department. present on-site, and employees involved in project ground disturbing construction. activities. The training will include handouts to be given to new workers as needed. MM CUL -2.2: Halt Construction and Evaluate Resource. In the event that prehistoric or historic resources are encountered during excavation and/or grading of the site, all activity within a 50 -foot radius of the find shall stop, the Planning and Building Director shall be notified, and an archaeologist designated by the Town shall assess the find and make appropriate recommendations, if warranted. Recommendations could include avoidance, if feasible, preservation in place, or collection, recordation, and analysis of any significant cultural materials. Construction within a radius specified by the archaeologist shall not recommence until the assessment is complete, A report of findings documenting any data recovery would be submitted to the Planning and Building Director. La Paloma Road to Robleda Road Off -Road Pathway Project Mitigation Monitoring or Reporting Program February 2021 Page 3 Resolution 13-21 Page 13 MITIGATION MONTI'ORING OR REPORTING PROGRAM LA PALOMA ROAD TO ROBLEDA ROAD OTT -ROAD PATHWAY PROJECT Impact Mitigation Timeframe for Responsibility for Oversight of Implementation Implementation Implementation GEOLOGY AND SOILS Impact GEO-6.1: MM GEO-6.1: Worker Training. A qualified Prior to ground Town of Los Director of the Construction of the proposed paleontologist will develop a Worker's Environmental disturbing Altos hills and Planning and project could result in impacts Awareness Program (WEAP) to train the construction activities and project Building to unknown paleontological crew on the legal requirements for preserving fossil during contractors. Department. resources if present on-site. resources as well as procedures to follow in the event of a construction. fossil discovery. This training program will be given to the crew before ground -disturbing work commences and will include handouts to be given to new workers as needed. VIM GEO-6.2: Hall Construction and Evaluate Resource. In the event that a paleontological resource (fossilized invertebrate, vertebrate, plan or micro -fossil) is found during construction, excavation within 50 feet of the find slialI be temporarily halted or diverted until the discovery is evaluated. Upon discovery, the Planning and Building Director shall be notified immediately, and a qualified paleontologist shall be retained to document and assess the discovery in accordance with Society of Vertebrate Paleontology's 2010 Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources, and determine procedures to be followed before construction is allowed to resume at the location of the find. If determined to be significant, the paleontologist will prepare an excavation plan for mitigating the Project's impact on the resource, including preparation, identification, cataloging, and curation of any salvaged specimens. SOURCE: Town of Los Altos Hills, Lo Paloma Road to Robleda Road Off -Road Pathway Initial Study. December 2020, La Paloma Road to Robleda Road Off -Road Pathway Project Mitigation Monitoring or Reporting Program February 2021 Page 4 Resolution 13-21 Page 14