Rio Park-Larson Field Shared Use Trail Project12!01!2015

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    CITY OF CARMEL BY THE SEA

    AGENDA BILL

    TO: Honorable Mayor and Members of the City CouncilMichael Calhoun, Interim City Administrator

    FROM: Brian Roseth, Monterey Bay Planning Services

    AB 1068December 1 2015

    Orders

    SUBJECT: Consideration of 1.) Project design options and 2.) A Resolution of the City Council of theCity of Carmel-by-the-Sea adopting a Mitigated Negative Declarat ion for the RioPark/Larson Field Shared Use Trail project , adopting findings and approv ing the projectwith mitigations and selected design options .

    AMOUNT OF EXPENDITURE Will depend on finaldesign and participation in funding from other sources

    AMOUNT BUDGETED $$565,000 (FY: 16-17 & 17-18)

    APPROPRIATION REQUIRED N/A

    RECOMMENDATION

    1.) Hold the public hearing on all aspects of the project.2 .) Make decisions on project design options.3.) Adopt the Mitigated Negative Declaration and approve the project by resolut ion.4.) Direct staff to continue its pursuit of final permits, easements and funding from appropriate sources .

    SUMMARY

    The proposed Rio Park/Larson Field Shared Use Trail is a discretionary project subject to review underthe California Environmental Quality Act. An environmental Initia l Study (IS) was prepared to evaluatethe potential for the project to result in environmental impacts. The IS concluded that there was apotential for significant environmental effects, but that these could all be reduced to less-thansignificant levels through the implementation of specific mitigation measures . Based on thisconclusion, a draft Mitigated Negative Declaration (MND) was prepared for the project.

    Adoption of the MND by the City Council, plus a decision to proceed with the project as designed andmitigated, will complete the environmental review process. Staff can then pursue permits and complete

    the easement negotiations . The easements, plus final design details and a funding plan, will be placedon a future agenda for review and acceptance by the City Council.

    The draft IS and proposed MND were circulated for public comment for 3 days and four commentletters were received. Three of these were from persons representing the owners of properties overwhich the trail would pass. The fourth letter was from a leader of the local Native American tribe .Responses to all comments on environmental issues have been prepared and are included in the StaffReport to the City's Planning Commission (Attachment-2).

    Page 1

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    On 18 November 2015 the Planning Commission reviewed the IS , the proposed mitigations, thecomment letters and the responses to the comment letters . The Commission recommended adoptiono the proposed MND with all mitigations, as amended in the Staff Report (see Attachments 1 C and 2) .

    The Planning Commission also considered some design options for the project suggested by thepublic, staff and by MBPS. In summary, these are:

    1) The addition of a parking area on the Rio Park property.

    2) Shifting part of the trail north of the line o trees along the north edge o the City's Rio Park property .

    3) Shifting the location o the proposed new Rio Road crosswalk to the east side o Atherton Drive.

    4) Selection o a trail surface material.

    These design options are described in more detail in the attached Staff Report to the Plann ingCommission. The Commission and staff recommend adoption of design options 1, 2 and 3 . TheCommission also recommended selection o a trail surface material that would provide the greatest

    safety for small children on bicycles , as this is likely to be one o the larges t user groups .

    PRIOR CITY COUNCIL ACTION

    In 2014 the City Council initiated a project to construct a trail for pedestrians and cyclists that wouldconnect Lasuen Drive to Rio Road . MBPS was retained to design the trail, negotiate easements andsecure land use permits from the City's Planning Commission and from Monterey County . In April 2015the City Council approved the design concept and retained PMC to prepare environmental documents.

    ATTACHMENTS

    Attachment-1: Proposed City Council Resolution Adopting the MND and Approving the ProjectAttachment-1A Environmental FindingsAttachment-1 B MND/Initial Study/Appendix (distributed under separate cover)Attachment-1C: Mitigation Monitoring and Reporting ProgramAttachment-2: Staff Report to Planning Commission, dated 18 November 2015Attachment-2A Original Site Plan MapAttachment-2B: Project Design Options MapAttachment-2C : Schmitz comment letterAttachment-2D: Mission Ranch commen t letterAttachment-2E : CAWD comment letterAttachment-2F : OCEN comment letterAttachment-2G: PMC Supplemental Analysis for Biological ResourcesAttachment-2H: PMC Supplemental Analysis for Cultural Resources

    Date

    Michael C lhoun, lntenm City Adm1nrstrator

    Page 2

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    AITACHMENT-1

    CITY OF CARMEL-BY-THE-SEA

    RESOLUTION NO. 2015-

    A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEAADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE RIO PARK/LARSON FIELDSHARED USE TRAIL PROJECT, ADOPTING FINDINGS AND APPROVING THE PROJECT

    WITH ENVIRONMENTAL MITIGATIONS AND SELECTED DESIGN OPTIONS

    WHEREAS , the City proposed as a project the build ing of a pathway for pedestrians andbicycles that would cross four properties and connect Rio Road with Lasuen Drive;

    WHEREAS , the City developed a design for the pathway in cooperat ion withrepresentatives from the owners of all four properties;

    WHEREAS , the design of the pathway respects the needs of each underly ing land

    owner and preserves the uses already established on each property ;

    WHEREAS , the proposed pathway would be located within the appea l jurisdiction of theCalifornia Coastal Commiss ion , in an area of archaeological significance , close to the CarmelRiver and adjacent to riparian habitat ;

    WHEREAS, consistent with the California Env ironmental Quality Act (CEQA) , the Citydeterm ined that th is project required review for its potential to affec t the en v ironment ;

    WHEREAS , an Initial Study was prepared which ident ified potentially signif icantenvironmental impacts and then developed appropriate mitigation measures to reduce allimpacts to a less-than-significant level ;

    WHEREAS a proposed Mitigated Negative Declaration (MND) was c irculated for publ icreview and comment for a period of 3 days ;

    WHEREAS, by the close of the public review and comment period the City received fourcomment letters , and consultants for the City subsequently developed adequate responses forall of the comments that addressed environmental issues ;

    WHEREAS , on 18 November 2015 , the City s Planning Commission reviewed theenvironmental documents, comment letters and responses to all environmental comments andforwarded recommendations to the City Council, consistent with the requirements of theCarmel-by-the-Sea Municipal Code;

    WHEREAS , the City Council has received and considered all environmenta l documents ,design plans and recommendations , as set forth herein and in the attachments, and hasdetermined that the project and the proposed MND and its assoc iated documents are ready foradoption , consistent with the Findings in Attachment-1A ;

    NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OFCARMEL-BY-THE-SEA DOES:

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    ATIACHMENT-1

    1 Find that:

    (a) Construction and use of the proposed trail could result in significantenvironmental impacts related to biological resources, jurisdictional waters,cultural resources and transportation, but that each identified impact can bemitigated to a less-than-significant level

    b) By adopting the proposed mitigation measures, changes and alterations havebeen incorporated into the project which avoid or substantially lessen thesignificant environmental impacts of the project as identified in the Initial Study.Adoption of this Finding affirms compliance with CEQA Guidelines Sections15070(b) and 15074(b) .

    c) The Mitigation Monitoring and Reporting Program, adopted as part of thisResolution, is an integral part of the project, will be made a condition of anypermits issued for imp leme ntation of the project and all mitigation measurescon tained within it are fully enforceable .

    2 Adopt the following :

    (a) The Environmental Findings and Evidence (Attachment-1A) .

    (b) The Init ia l Study and Mitigated Negative Declaration (Attachment-18 undersepa rate cover), with revised mitigations as shown in the Staff Report, dated 18November 2015 and in the MMRP.

    (c) The Mitigation Monitoring and Reporting Program (Attachment-1C) .

    (d) The project design as illustrated on the De sign Options Map, dated 12 November2015 (Attachment 28 ) , including the following options : (To be selected by theCity Council at the meeting)

    i

    ii.iii.

    iv.

    Design Option 1:Design Option 2:Design Option 3 :Drive .Design Option 4 :

    Add parking on the Rio Park property .Adopt the Northern Trail Alignment.Move the Rio Road Crosswalk to the East side of Atherton

    Select as the surface treatment for the path .

    3 Direct the City Admini stra tor to:

    (a) Prepare and file a Notice of Determination of the City Council's action for postingwith the Monterey County Clerk within 5 days of the date of th is action .

    (b) Continue the negotiations for easements with the underlying property owners andbring proposed easements to the City Council for review and approval;

    (c) Pursue final land use and design permits from the City's Planning Commissionfor the portion of the trail crossing Lar son Field, and from Monterey County for allother portions of the trail ;

    2

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    ATTACHMENT-

    d) Continue developing the trail plan including final design details , a signage planand sufficient engineering to develop a prelim inary construction cost figure forbudgeting purposes;

    e) Continue seeking appropriate local , regional and State sources of funding toaugment City funding .

    PASSED AND ADOPTED Y THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEAthis 1s t day of December 2 5 by the following ro call vote :

    AYES : COUNCIL MEMBERS :

    NOES : COUNCIL MEMBERS :

    ABSENT : COUNCIL MEMBERS :

    SIGNED :

    Jason Burnett, Mayor

    ATTEST :

    Ashlee Wright , City Clerk

    3

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    ATTACHMENT lA

    Environmental Findings and Evidence

    A Findings for the Environmental Review Process

    1. Finding: The City of Cannel-by-the-Sea ( City ) , with assistance from theconsulting firm of Monterey Bay Planning Services (MBPS), developed a design for apedestrian and bicycle pathway connecting Rio Road and Lasuen Drive across four separateproperties ( the project ). The project would be located in an area of archaeologicalsensitivity and a portion of the pathway would be proximate to riparian habitat. Theproposed pathway affects two land use jurisdictions, requires approval from both the Cityand Monterey County and is, therefore, considered regional in nature. City s taff determinedthat the project was not exempt from environmental review and that an Initial Study shouldbe prepared.

    Evidence:Rio Park/Larson Field Shared Use Trail Concept PlanCity Council Minutes , dated 7 April 2015City bound ary map , City and County zoning map s, and As sessor 's Parcel Maps

    2. Finding : On 7 April 2015 the City Council approved a contract with theenvironmental consulting firm ofPMC to prepare an Initi al Study consistent with the

    Cali fornia Environmental Quality Act (CEQA) and associated Guidelines. A draft InitialStudy was prepared by PMC and reviewed by MBPS and City staff. The Initial Stud ysatisfies all content requi reme nts established by CEQA Guidelines Section 15071.

    Evidence:City Council Minute s, dated 7 April 2015PMC approved Scope of WorkDraft Initial Study ,CEQA Guidelines 15071

    3. Finding: The draft Initial Study identified eight significant or potentially significant

    environmental impacts that could arise from project construction and/or long term use . Thedocument also identified eleven mitigation measur es adequate to reduce all of these impactsto a less-than- significant level. The Co mmunity Planning and Building Department acceptedthe propo sed mitigation s as revisions to the project , consistent with CEQA GuidelinesSection 15070(b)(l). Having made these revisions, and after considering the analysiscontained in the draft Initia l Study , City staff determined that there was no substantialevidence, in light of the who le record before the agency, that the project as revised might

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    ATIACHMENT 1A

    have a significant effect on the environment. Therefore, a proposed Mitigated Neg ativeDeclaration MND) was prepared .

    Evidence:Draft Initial Study

    Department direction to proceed with circulation of the ISIMND

    4 Finding: On 11 September 2015 , the Community Planning and BuildingDepartment directed that a Notice oflntent to adopt the draft Initial Study and proposedMND be released for public review and comment. The Dep artm ent provided public no ticeconsistent with the requirement s of CEQA Guidelines section 15072 a ) and b), as follow s:

    a) Transmittal to the State Clearinghouse OPR) for di stri buti on to State agencies,

    b) Transmittal to the Regional Clearinghouse AMBAG) for regional agencies,

    c Transmittal to the County Clerk for posting,

    d) Transmittal to Monterey County Planning Depart. and Public Works Dept. ,

    e Tran smittal to TAMC, MST, C al-Trans and the California Coastal Commission,

    f Fir st C las s mail to Junipero Serra School and to Carmel River School,

    g) First Class mail to Carmel Area Wastewater District ,

    h) First Class mail to Monterey Peninsula Wa ter Management D istrict,

    i) Fir st Class mail to all owners of property within 300 feet of the propo se d project,

    j First Class mail to all persons requesting such notice OCE N Tribal Leader) , and

    k) Public ation in the Carmel Pine Cone new spaper on 11 September 2015 ,

    1 Physical posting near the project termini at Rio Road and at Lasuen Driv e.

    Evide nce :Community Planning and Building Department mailing list for the projectCounty Clerk return certificationResponse letter from the State Office of Planning and ResearchRe sponse letter from AMBAGComment letter from Carmel Area Wastewater DistrictComment letter from OCEN Tribal Leader

    S Finding: The Notice of Intent satisfied the content requirements established byCEQA Guidelines sec tion 15072 g). t con tained a project description and loc ation; it

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    ATIACHMENT - lA

    specified the comment period as running from 11 September 2015 through 12 October 2015;it provided notice of a Planning Commission m eeting to be held on 23 September 2015 whenoral public comments would be heard; it identified City Hall and Harrison Memorial Libraryas locations where documents related to the project could be reviewed by the public .

    Evidence:Notice of IntentCEQA Guidelines Section 15072(g)

    6. Finding: During the public comment pe rio d, the City received four comment letters .After the close of he co mment period , the letters were reviewe d by the City and theconsulting firms . t wa s determined that (1) no new, avoidable, significant effects wereidentified and, therefore, no additional mitigation measures or project revisions would beneeded to address any newly identified, significant environmental impact s, and (2) there wasno new evidence in the record supporting a determination that the existing mitigation

    measures would be inadequate to mitigate the oliginally identified impacts to a le ss-thansignificant level. Based on these two detenninations , there was no requirement forsubstantial project changes and recirculation of he Initial Study and propo se d MND.

    Evidence:Comment LettersStaffReport to Planning Commission, dated 18 November 2015CE QA Guidelines Section 15073.5

    7. Finding: Ba sed upon suggestions made in the comment letters and discussion s withpe r so ns representing the underlyin g property owners affected by the project , PMC , MBPSand City s taff developed minor re v ision s to two of the mitig atio n measure s affect in garchaeological and biological resource s The revision to archaeological resources mitigationCULT -1 would strengthen the mitigation by requiting pre sence/absence testing in areaswhere grading or excavation is planned. While the original mitigation was adequate toreduce the identified impact to a le ss-th an-significant le vel , the revised mea sure is consideredeven more effective . The rev ision to biologic al resources mitigation BI0 6 provides anadditional option for reducing public intrusion into riparian habitat near th e pathway. Theoriginal mitigation was adequate to reduce the identified impact to a les s-t han-significantlevel and the revised me as ure allowing either a fence or warning signs i s considered equallyeffective . (Persons who won't respect warning signs are just as likely to not re spect a splitrail fence ; it is anticipated that most users of th e pathway would respect either of these meanso f reducing intrusion into the riparian habitat area.)

    Evidence:Initial StudyComment LettersPMC Supplemental Analysis for Biologi ca l and Archaeo logical Resources

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    ATTACHMENT lA

    Evidence:Initial StudyPMC Supp lemental AnalysisStaff Report to the Planning Commission, dated 18 November 2015

    11. Finding: PMC, MBPS and City staff prepared responses to all comments receivedinvolving environmental issues . These responses were incorporated in a Staff Report to thePlanning Commission, dated 18 November 2015. PMC also prepared a draft MitigationMonitoring and Reporting Program as an attachment to the Staff Report.

    Evidence:Staff Report to the Planning Commission, dated 18 November 2015Mitigation Monitoring and Reporting Program

    12. Finding: On 18 November 2015 the City's Planning Commission reviewed theInitial Study , proposed MND, comment letters, responses to comments, supplementalanalysis, revised mitig ation measures, design options and the Mitigation Monitoring andReporting Program.

    Evidence:Planning Com mis sion Agenda Packet and Minutes, dated 18 Nove mber 2015

    13 . Finding: Consistent with the Cannel Municipal Code Section 17.60.040(B) an dCEQA Guidelines Section 15074(a) , the Commission forward ed advisory recommendations

    to the City Co uncil that the environmental documents are ade quate and that the propo sedMND should be adopted. The Commission also supported (1) the propo sed revisions tomitigation measures CULT-I and BI0-6 (2) the Mitigation Monitoring and ReportingProgram (MMRP) and (3) des ign options 1, 2 and 3. For design option 4, the Plann ingCo mmis sion recommended that th e City Council se lect a pathway surface that will be safefor small children on bicycle s. Final1y, the Commission suggeste d that the City work withthe Carmel Area Wastewater District , to the extent feasible, to limit pathway closures forpipeline maintenance to period s when the pathwa y is not typically used by ch ildren forcommuting to / from schoo l.

    Evidence:Carmel Municipal CodePlanning Com mi ssion Minutes, dated 18 November 2015Staff Report to the Planning Commission, dat ed 18 N ovemb er 20 15

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    ATIACHMENT-lA

    B Findings for Decision

    14 Finding: The environmental document s for the Rio Park/Larson Field Shared UseTrail Project include the following:

    a Initial Study, Appendix and proposed MND, dated September 2015 ,

    b Supplemental Analysis for Biological and Cultural Re sourc es ,

    c Draft revised mitigation mea sur es ,

    d Public Notices and letters oftran smit tal ,

    e Response to Comments contained in the StaffReport 18 November 2015, and

    f Mitigation Monitoring and Reporting Program, dated November 2015.

    15 Finding: The environmental document s have been completed in compliance withCEQ and are both complete and adequate per the requirements of the California PublicResources Code and the State CEQA Guidelines.

    16 Finding: The environmental documents, project de sign documents, Staff Reports,public comment letter s, Planning Commission recommendations and public testimony werepresented to the City Counci l as evidence for decision-making. The Council carefully

    reviewed and considered all of this evidence prior to taking action on the project.

    17 Finding: The Initial Study identified eight potentially significant effects on theenvironment. Ho w eve r, with mitigation s id entified in the Initi al Study, and as subsequentlyrevised, the proposed project will not ha ve the potentia l to significantly degrade theenvironment, will ha ve no sig nificant impact on long-term environmental goals, will haveno significan t cumulativ e effect upon the environment, and will not cause substantialadverse effects on human beings , either directly or indirectly.

    18 Finding: Based on its review of the entire record before it, the City Council finds

    that there is no substantial evidence that the proj ec t will have a signi ficant effect on theenvironment and that the Mitigated Negative Declaration reflects the independent judgmentand analysis ofthe City Council.

    19 Finding : The Ci ty Counc il has been provided with and reviewed evidence in therecord to support the Fi ndin gs and the R ecita ls herein abo ve and in the adoption re so lution.Said evidence is incorporated herein by th is reference as though fully set forth.

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    ATIACHMENT 1A

    Collectively, these documents and the City Council's actions by Resolution pas se d today,constitute the Record of Proceedings for the MN for the project. The Record ofProceedings shall be placed on file with the Clerk of the City, at City Hall, East Side ofMonte Verde Street Between Ocean and Seventh Ave nues, in Carmel-by-the-Sea ,California .

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    ATIACHMENT-1C

    MITIGATION MONITORING REPORTING PROGRAM

    FOR TH

    RIO PARK LARSON FIELD PATHWAY PROJECT

    CITY OF CARMEL - BY-THE-SEA

    COMMUNITY PLANNING BUILDING

    PO DRAWERG

    E/S MO N TE VERDE ETWEEN OCEAN AND 7TH

    CARMEL C A 9 3 9 2 1

    CONTACT : BRIA N ROS ET H 530 273 - 7 1 5 4

    NOVEMBER 2015

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    ATIACHMENT lC

    MITIG TION MONITOR ING PROGR M

    Monitoring ReportingDone By

    Timing Frequency:

    Final ClearanceDate:

    Comments:

    NONCOMPU NCE

    This column identifies by whom the monitoring or reportingwill be done, which may include the applicant, applicant sconsultant, or contractor.

    This column identifies at what point in time, review processor

    phase o the project the measure will be completed.

    These columns will be initialed and dated by the individualdesignated to verify adherence to project specific mit igation .

    This column is reserved or any additional explanation , inecessary.

    Any person or agency may file a complaint asserting noncompliance with the mitigationmeasures associated with the project. The complaint shall be directed to the City oCarmel Community Planning and Building Department in written form providing spec ificinformation on the asserted violation. The Department shall initiate an investigation anddetermine the validity o the complaint; i noncompliance with a mitigation measure hasoccurred, the Department shall initiate appropriate actions to remedy any violation. Thecomplainant shall receive written confirmation indicating the results o the investigationor the final action corresponding to the particular noncompliance issue

    Rio Park/Larson Field Pa thway ProjectMitigation Monitoring ProgramCarmel C

    2

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    MITIG T I ON MONITOR I NG PROGR M

    MitigationNumbe r

    B I 0 3

    Mi t igation M e as u r e

    measures to inter ce pt and capture sedimentprior to en t ering nearby waterways, such ast he C arme l River and associa t ed dr ain ages, aswell as erosi o n con t rol measures along theperim et er of a ll work areas to prevent thedispla cement o f fill m aterial. All BMPs shall bein place prior to initiation of any co nstructi o nactivities an d shall remain until construct io nactivities are comp let ed. All erosio n controlmeth ods shall be maintained until all on-siteso ils are sta bilized.

    c In order to avoid a ttracting p redators, all trashshall be dis posed of in closed con tainers andremov ed from t he pr oject area at least once aweek.

    d) Following co nstruc ti o n, dist ur b ed a rea s sha ll b eresto red to pre-cons tr uctio n co ntours to themaximum exten t possible and reseeded with anative species mi x.

    Riparian V e getation Clearing Monitor a ndProtect iv e Silt Fen ci ng Installation . The C ity sha llretai n a qualifie d biologist to mo ni tor vegetatio nclearing activities in the riparian area to protect anyspec ia l-stat u s sp e cies enco untered, incl udingMonterey ornate shrew, western pond turtle, andCalifornia red -legged frog. In addition, the biologicalmonito r sha ll supervise t he ins t allati o n of siltfencing between the project impact area and theriparian c o rridor associa t ed wi t h th e Carmel River inorder to keep special -status species from enteringthe work area. The silt fencing shall be kep t in placeun t il construction in th e vicinity of the riparia n area

    Rio Park/Larson Field Pathway ProjectMitiga tion Moni toring ProgramCarmel C

    Re spons ibl eAgency/Dep a rtme n t

    Community Planningand BuildingDepa r tment

    4

    Implementationand

    Monito r ing/Repo rt ing

    Contractor/ProjectBiologistImpleme n tation)

    Building InspectorVerification)

    Timire qu

    Duringripa rianvegetaticlearingactivit iethroughconstruc

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    1 9

    MITIGATION MONITORING PROGRAM

    Mitigation

    Number Mitigation Measure

    or suspected during construction, the cons tru ctionmanager shall be authorized to halt excavation untilthe archaeologist provides an evaluation of the find.If the find is determined to be significant, work shallremain halted until a mitigation plan is developed,approved by the City and tribal leade rs andimplemented. Work may proc ee d on other parts ofthe project site while mitigation for the resource iscarr ied out.

    ResponsibleAgency Department

    CULT- 2 In the event paleontological resources are IPubl ic Worksencountered or suspected during construction, the Depar tmentconstruction manager shall cease operation at thesite of the discovery and imm ediately notif y the Cityof Carmel-by-the-Sea Department of CommunityPlann ing and Building . A qual ified paleontologistshall provide an evaluation of the find and p rescr ibemitigation measures to reduce impacts to a lessthan sig nificant level. In co nsid er ing any suggestedmitigation propos e d by th e consultingpaleontologist , the City shall determine whetheravoidance is necessary and feasible in light offactors such as the nature of the find, projectdesign, costs, and other considerations. If avoidanceis unnecessary or infeasible , other appropriatemeasures e.g., data rec ov ery) shall be instituted.Work may proceed on other parts of the project sitewhile mitigation for paleontological resources iscarried out.

    TransportationTRAN - 1 I Pedestrian and Cyclist Safety Design Measures . The IPubl ic Works

    City shall incorporate the following recommended Departmentdesign modifications contained in the Rio Park -

    Rio Park/Larson Field Pathway ProjectMitigation Monitoring ProgramCarmel C

    8

    Implementationand

    Monitoring Reporting

    Pub lic Wor ksDirector/Contrac torImplementation)

    Building InspectorVerification)

    Public WorksDirec to r Pro jectDesigner

    Timi

    Frequ

    Duringconst ru

    Prior toapprovafinal

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    2 0

    MmG TION MONITORING PROGRAM

    Rio Park/Larson Field Pathway Proj ec tMitigation Monitoring ProgramCarmel C

    10

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    To

    From

    Submitted by

    Subject

    ATIACHMENT-2

    CITYOF CARMEL-BY-THE-SEA

    Planning Commission Report

    November 18, 2015

    Chair Goodhue and Planning Commissioners

    Marc Wiener, Acting Community Planning and Build ing Director

    Brian Roseth, Monterey Bay Planning Services

    Consideration of advisory recommendations to the City Council on (1}

    the adequacy of the environmental documents, and (2} appropriate

    design options for the Rio Park/Larson Field Shared Use Trail Project.

    Recommendations

    Forward recommendations to the City Council that:

    (1} Th e Initial Study an d proposed Mitigated Negative Declaration are legally adequate and

    should be adopted.

    (2} All mitigations identified in the Initial Study, as amended in this Staff Report, should be

    implemented as part of the project. This includes the specific amendments to mitigation

    measure CULT-1 and the subs titution of signage for fencing for m it igati on measure BI0-6.

    Th e Mitigation Monitoring and Reporting Program (Attachment-H) also should be adopted.

    (3} Project Design Options 1, 2 and 3 sho uld be incorporated into the project design.

    Project Background

    The Rio Park/Larson Field Shared Use Trail is part of the City Council's Key Initiative to improve

    local and regional trails. The construction of this trail is a listed and funded project on the

    City's Capital mprovement Plan. The City retained Monterey Bay Planning Services (MBPS} to

    work with the underlying land owners to establish a proposed route for the trail, as well as to

    assist with the permitting requirements . The City retained PMC for environmental documents.

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    Rio Park / Larson Field TrailNovember 18, 2015Staff ReportPage 5

    AlTACHMENT -2

    All othe r trail segments are located outside City limits and will require review and approval of a

    Coastal Development Permit from the County of Monterey. Once all permits are obtained, thefinal design, any required mitigations, and the easements will return to the City Council for

    final project approval.

    Environmental Review

    This project requires environmental review consistent with the California Environmental

    Quality Act CEQA). This is a mult i-step process:

    1) An In itial Study IS) evaluates the project for its potential to cause environmentalimpacts. When an identified impact is considered significant or potentially significant,

    m itiga tions are proposed to eliminate or reduce its severity. f all the identified

    significant and potentially significant impacts can be mitigated to a level of less-than

    significant , it is appropriate to recommend adoption of a Mitigated Negative Declaration

    (MND).

    2) Once the draft IS and MND are completed, they are released for public comment. Thi s

    serves as a check on the adequacy of the analysis. After the comment period closes it is

    the City's responsibility to provide respon ses to all the comments received on

    environmental issue s. The responses may take the form of clarifications or modificationsto the original analysis or may include new mitigations. Response s may also include

    minor revisions to the project design. CEQA does not require a response from the Cityfor non-environmental issues raised in the comment letters.

    3) The IS/MND plus the re sponse s to comments are then packaged for review by the

    decision-making body for the project --in this case the City Council. The MND is adoptedand then project decision s can then made in parallel with consideration for the

    environment. In Carmel-by -the -Sea all environmental documents must be reviewed by

    the Planning Commiss ion for adequacy prior to adoption by the decision-making body .This is an advisory role and typically includes a recommendation to adopt the mitigations.

    In April 2015, the City Council retained PMC to prepare the environmental Initial Study for this

    project. PMC completed the Initi a l Study and recommended adoption of a Mitigated NegativeDeclaration . These document s were relea se d for a 30 -day public comment period on 11

    Se ptember 2015. The Planning Commission held a public hearing to receive oral comments on

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    Rio Park L arson F ield TrailNovember 18, 2015Staff ReportPage 7

    ATTACHMENT-2

    prepared a design option to achieve this see Attachment-B) . Adding this design option could

    provide 15 to 20 spaces and more than offset the loss of park ing along Lasuen Drive near theCarmel Mission.

    Separating Vehicles from Pedestrians/Cyclists: With the existing trail alignment, the addition

    of a parking area would require vehicles and trail users to share the road/trail for

    approximately 60 feet. This small parking area is not expected to generate traffic in any

    significant volume that would conflict with trail users. However, since the future use of the Rio

    Park prope rty has not been finally determined, there is some unce rtainty regarding the future

    traffic volumes that might eventually occur . Design Option 2 provides an alternative trail

    alignment that would route the pathway to the north and avo id future vehicle conflictsaltogether see Attachment-B).

    2. Jacqueline Zischke, Attorney t Law representing Mission Ranch) . Comment s focus

    on potential tra il conflicts with vehicle traffic within Mission Ranch and the tennis court

    parking lo t ; increased parking demand generated by trail users ; increased trespas s within

    Mi ss ion Ranch; tim ing of traf fic counts; removal of park ing along Lasuen Drive; safety along

    Lasuen Drive; increased demand for public services; and accessib ility to emergency

    re sponders .

    Response

    Traffic Conflicts with Tennis Court Parking Lot : As noted on the site plan , the trail access is

    located adjacent to, but north of, the Mission Ranch tennis court driveway. This separates tr ail

    users from other vehicle traffic using the dr iveway . The pedestrian barrier proposed on the

    site plan provides a further separation that avoids direct conflict between trail user s and

    vehicles exiting the tennis court parking lot. The traffic engineer dete rm ined that this design

    was the safest approach to building the trail.

    Parking Lot Trespass at Tennis Courts : The proposed trail is not anticipated to generate a

    significant demand for vehicle parking and it is unlikely that trail users will attempt to park in

    the Mission Ranch tennis court parking lot. This conclusion is based on the City's experience

    with other parks that have entrances in residential neighborhoods. Although not required as

    mitigation under CEQA, a gated entrance could serve to formal ize the tenni s court entrance at

    Mission Ranch and prevent the general public from entering the parking lo t . This concept is

    currently under discussion as part of the easement negotiations . Another way to address this

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    2 7

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    2 8

    m

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    · Vl_

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    III

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    29

    ATIACHMENT 2C: Schmitz Comment etter

    Marc,

    Re: the project--------------

    1) Shou ld a parking area be considered on the Rio Park property? Use of the pathway may engender ademand for parking. This seems likel y since some off-the-road spa ces on Lasuen may be removed in

    the future. There is sufficient property at the io Park site to accommodate a parking area.

    2) f there is a parking area , or as future use s evolve for the parkland, there will be a need for vehicu laraccess onto the property. Won t those vehicles need to use the same route to get into Rio Park s iscurrently designated for part of th e pathway? This would result in future con fl icts and the path couldlose its status s a Class l bikeway . Con sideration should be given for an alternate route that couldkeep bikes separated from vehicles.

    Thank you .

    Doug Schmitz

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    ATTACHMENT - 2D: Mission Ranch Comment Letter

    lB /12/2 815 15:51 18883859198 JACQI.E....II-E ZISCH

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    18 12 2015 15 : 5

    October 12, 201SPage3

    1888:3859198

    ATIACHMENT 20

    .J ACQLELII E Zisa t

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    I

    ATIACHMENT-2E: C WD Comment Letter

    . _ . , / < S T £ ~ y

    I 1 ~\ (>

    .J 04 . .

    I l l

    Carmel rea Wastewater District

    L ~ tP.O

    .Box

    221428 Carme l California 93922 (• (831) 624-1248FAX

    (831) 624-0811v . ~ Y•s 1 v £ 1 9 6 .

    Barbara BuikemaGeneral Manager

    James J . PinkevichSuper intendent

    Robert R WellingtonLegal Counsel

    October 8 , 2015

    City of Cannel-by - th e-Se a

    Attn : Brian Roseth Monter ey Bay Planning ServicesPost Office Drawer GE/s Monte Verde betw een Ocean and 7'Carmel, CA 93921

    RE: Rio Park/Larson Field Pathway Project

    Dear Brian Roseth :

    Board of Directors

    Gregory D AmbrosioMichael K. RachelRobert Siegfried

    Charlotte F. TownsendKen White

    After careful review of the Draft Initial Study/Mitigate d Nega tive Declaration (DIS/MND)pertai ning to the Rio Park/Larson Field Pathway Project, dated September 2015 andprepared by Michael Baker Internationa l , the Carmel Area Wastewater District (CAWD)has prepared the following comments for your conside .ration .

    The Distri ct Board has expressed su pport of the City s goals to provide pedestr ian/bicycleaccess where feasible . The District maintains the position that existing legal easementsutilized by CA WD for . access along the proposed trail alignment are required forWastewater Utility maintenance and operation and shall be maintained by the City or,improved , but shall not diminish the District s ability to access the existing infrastructure,or cause any undue cost to the public utility . The District currently has access to ourunderground infrastructure via the gated path off of Lasuen Drive and through theDiocese parking lot off of Rio Road . We must maintai n unobstructed access via both ofthese entry points .

    The District recognizes that a proposed easement agreement is required to clarify publicaccess rights and future mamtena nce responsibilities for the portion of the trail which will

    bisect the District land . This maintenance agreement shall be prepared by the City andsubmitted to CAWD for approval and exeru ted prior to the commen cement of anyconstruction activities .

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    ATTACHMENT-2E

    In the February 17, 2015 communication (letter) from the District to the City regarding thisproposal it was discussed that fue City consider a shared access road over the entirelength of the bike trail along the southern boundary of theCA WD property adjacent tothe City property . The District believes that an access road shared between the twoagencies would help to minimize impervious surface, the need for two roadways, andalso provide an opportunity for a posstble cost sharing of the construction of this accessroad thorough the proposed Rio Park. Referring to igure 2a the District recognizes thatno change to the road alignment or additional access road sharing has been proposed.Please keep in mind that CA WD vehicles will continue to drive parallel to your pathwayif this access is not shared. As illustrated by th e City the following road structuralrequirements will be required:

    1 All portions of the pathway located on County Assessor Parc el (APN) 009-531-004(Larson Field) shal l be designed to sustain a minimum 30,0001b vehicle.

    2) The small retaining wall must be designed to sustain the horizontal soil pressuresof the vehicles which will travel the roadway .

    3 ll portions of the access road Io·ca ted on APN 009-521-DOl shall be designed tosu s tain a 30,000lb vehicle , and the should er of the pathway shall be compacted tosupport District vehicles entering, exiting or crossing the pathway on CAWDproperty.

    We agree with the assessment that e g e t ~ o nclearing along the bike route will berequired if planting will occur. The District will not accept any vegetation mitigationplanting to occur on the District property at this time . f he City has intent to performany vegetation planning on District property a landscape plan shall be provided to theDistrict for approval, together with a vege tation management agreement prepared by thecity.

    The Sensitive Habitat Barrier as described in assessment BI0-6 and depicted in Figu re 3will not be permitted to be constructed on District property. Any proposed barrier onCA WD lands will be required to be easily remova ble by the District as unobstructedaccess must be maintained on the existing access route along the entire eastern boundaryof the District property APN 009-521..()01) .

    Given that the City has stated a preference for a separate trail bisecting the Districr sproperty be advised that the District will have to clear our adjacent property and add anaccess road nearly the entire le n gth of our property so that our equipment has access . TheDistrict continues to believe that an access road shared between the two agencies wouldhelp to minimize impervious surface , eliminate the need for two roadways and alsoprovide an opportunity for a possible cost sharing o f a portion o f the road construction .

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    AITACHMENT 2E

    We look forward to working ut these issues wit the City and making the improvementsnecessary t finally have the pedestrian/bicycle trail project come to fruition.

    Thank you

    B. BuikemaGeneral Manager

    cc: CA WD Board of Directors

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    ATTACHMENT 2F: O EN omment Letter

    Ohlone/Costanoan-Esselen Na tWn

    p,evJously lcknt>Wfwl gd asTlte San Oulos illfd Df

    MiniDn lndimu

    The Montuq BtmtlAnd also knuwn II

    O.CE N or Esselm NallotrP O. IJqx 1301

    Monterey , CA ; ~ 4 2

    o ~ t o n e c o s t a n o a n e s s e l e n n a n o n r g

    October 11,2015

    Marc WeinerActing Community Planning and Building DirectorCity of Cannel-by-the-SeaPost Office Drawer GCarmel-By-The-Sea, CA 93921

    Re : Rio Park/Larson Fi e ld Pathwa y Project , Cannel, Monterey County, California

    Saleki Atsa,

    Oblone/Costanoan -Esselen N ation is an historically documented previously recognizedtribe . OCEN is the legal tribal government representative for over 600 emolled membersof Esselen, Carmeleno, Monterey Band , Rumsen, Chalon, Soledad Mission , San CarlosMission and/or Costanoan Mission Indian descent. Though other incligenous pe ople mayhave lived in the area. the area is the indigenous homeland of our people . Included with1h is letter please find a territorial map by Taylor 1856; Levy 1973; and Milliken 1990,indentifying Tribal areas . We are aware that thls is a known tribal site , sacred to ourpeople as we have discussed with Rae Schwaderer of State Parks .

    Ohlone/Costanoan-Esselen Nation objects to aU excavation in known cul tural lands,even when they are described as previously disturbed, and of no significantarchaeological value. Please be advised that it is our first priority that our ancestor sremains be protected and undisturbed. We desire that all cultmal and sacred items be leftwith our ancestors on site or where they are discovered. We ask for the respect that isafforded all of our current day deceased, by no other word these burial sites arecemeteries, respect for our ancestors as you would expect respect for your decea sedfamily members in today s cemeteries. Our definition of respect is no disturbance.

    We quote Archaeological Report v Mic/Jael Baker InternationalNotwithstanding that the pedestrian survey found no specific indication o f surface orsubsurface resources in th e project area, archival research showed that the project s pathruns through an area with known prehistoric archaeological resources und intersectsproperty owned and operated by Mission Carmel beginning as early as 1771 Multiplearchaeological investigations have been conducted that include portions o f he projectarea resulting in the uniform opinion among researchers that the archaeologicalsensitivity o he area for both prehistoric and historical period resources is extremelyhigh . Given the sensitivity o f the area for potential archa eological res ources ,archaeological monitoring o all excavation and other ground disturbance re/ared to thepresent project should be considered mandatory

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    ATIACHMENT-2F

    Aware that despite our objection, disturbance continu es, therefore: We request thatOhlone/Costanoan-Esselen Nation be consulted as to the planned project that willadversel y impact the known/predicted cultural resources and sacred sites within our

    aboriginal territory . Furthermore , the Tribal leadership desires to be contacted with : Isurveys, 2) subsurface testing , 3) presence/absence testing , 4) mitigation and recoveryprograms, 5 reburial of any of our ancestral rem ains, 6) placement of all cultural items ,and 7) that a Native American Monitor o Ohlone/Costanoan-Esselen Nation approved by the O EN Tribal ouncil be used within our aboriginal territory.

    We request consultation since that Archaeological Study was completed before ournotification as required by AB5 and requires archeological monitoring . We look forwardto hearing more information about this project; please feel free to contact me at 408)629-5189 . Nimasianexelpasaleki . Thank you for your attent ion to this matter.

    Cc : OCEN Tribal CouncilKaty Sanchez , Native American He ri tage Commission

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    City o Carmel by the SeaCOMMUNITY PLANNING AND BUILDING DEPARTMENTPOST OFFICE DRAWER G

    Louise J. Miranda RamirezOCEN Tnoal ChairwomenPOBox 1301Monterey, CA 93942

    Dear Ms . Ramirez,

    CARMEL-IIY-THE-SEA.CA 93921{831) 620-2010 OFFICE

    831) 620-2014 FAX

    ATTACHMENT 2F

    Earlier this year you request ed that the City notify you of projects undergoing environmentalreview by the City , consistent with Public Resources Code 21081 .3 1 The puzpose of his letteris to provide such notice . Enclosed with this letter is a copy of he fotmal notice .

    The project is a recreational trail for pedestrians and bicyclists that wiU cross the Larson Athleti cField (part of he Carmel Mission complex) and so me vacant land south of he Mission owned bythe Carmel Area Wastewater District and by the City . There won t be significant excavationinvolved for most of he trail, but there will be ground disturbance, vegetation removal and somegrading to create smooth transitions along the trail route.

    The project bas entered its environmental review phase . An environmental Initial Study hasbeen completed and has been posted on the City s website at the following internet address:

    http :/ ci.carmeLca. us/

    Copies of he Initial Study are also available for review by the public at Harrison MemorialLibrary. If you request it I can send you a PDF file ofthese documents by email

    For the next 30 days, the City will accept written comments on the environmental analysis andthe conclusions rea ched in the documentation. n addition, the City s Planning Commission willhold a public hearing on 23 September 2015 at 4 :00PM at City Hall to receive oral commentThe public comment period closes on 12 October 2015 at 4:00PM

    Please let me know i can be of urther assistance to you regardin g this project

    Marc Weiner,Acting Community Planning and Building Director

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    ATIACHMENT-2F

    PU LICNOTICE

    Notice o Intent to Adopt a Mitigated Negative Declarationfor the Rio Park Larson Field Pathway Project

    Project Description: The City of Carmel-by-the-Sea. is proposing to construct a shared-use path suitable forpedestrian and bicycle travel linking Rio Road to Lasuen Drive . The path intersec ts Rio Road near the northeastcomer of Larson Field. he path intersects Lasuen Drive at the Mission Ranch tennis court driveway . The proposedroute v.rill pass across Larson Field along its eastern and so ut hern boundaries . It will then cross a pipeline propertyowned by the Carmel Area Wastewater District nd continue through the City s R io Park property until reachingLasuen Drive at the Mission Ranch tennis court driveway . The total length ofthe path is approximately 1 420 feet.

    Public Review Process: The proposed pathway is located within the jurisdictions o f Carmel-b y-the-Sea andMonterey County. Both agencies will review the project for approval of Coastal Development Permits . The City ofCarmel -by-the-Sea also will require approval of a Use Permit for the portion of the pathway that crosses LarsonField. Public notice for each of these permits wiJI be published and/or mailed at a future date. Prior to any reviewo f permits, the City is conducting environmental review consisten t with the California Environmental Quality Ac t .

    One purpose of this Notice is to inform the public that an environmental Initia l Study has been completed and isavailable for public review . The Initial Study conc luded that the project would not have a signi fic ant effect on theenvironment bec ause all potentially significa nt impacts can be reduced or eliminated through the adoption of projectchanges (mitigations) . The City of Carmel-by-the-Sea welcomes public comment on the environmental InitialStudy and the proposed adoption o f he Mitigated Negative Declaration. The public comment period will run from

    11 September 2015 through 12 October 2015 . Written comments must be a ddr essed to :

    Marc Weiner, Senior PlannerDepartment of Community Planning and BuildingP. 0 Drawer GCannel, CA 93921

    In addition to receiving written comments, the City o f Carmel-by-the-Sea Planning Commission will receive oralpublic comments at a public hearing on 23 September 2015, in City Hall located on the east side of Monte VerdeStreet between Ocean and 7th Avenues . The Public Hearing begins at 4:00p m . or as soon thereafter as the agendapennits. No action on the projectwill be taken at this hearing; its purpose is only to rece ive oral comments.

    Availability of Documents : Copies of he Initial Study are available for review at the following locations:

    Cannel-by-the- Sea City Hall

    Department of Community Planning BuildingP .O . Drawer GCarmel-by-the-Sea, CA 93921

    Date ofNotice: September 11, 20 15

    Harrison Memorial Library

    Northeast comer of Ocean Ave . and Lincoln StreetCannel-by-the-Sea, CA

    Date of Publicati on: September J I , 2015

    City of carmel-by-the-Sea, Department of Community Planning and Building (831-620 -2010)

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    I

    Michael BakerI N T E R N T I O N L

    November 10, 2015

    Tad Stearn, Project ManagerMICHAELBAKER INTERNATIONAL60 Garden Court, Suite 230Monterey, CA 93940

    ATIACHMENT -2H: PMC Supplemental Archaeolgy

    We Make a Difference

    RE CUlTURAL RESOURCES LETTER REPORT RIO PARK/LARSEN FIELD TRAIL PROJECT CITYOF CARMEL-BY-THE-SEA MONTEREYCOUNTY CALIFORNIA

    Dear Mr . Stearn :

    In support of he Rio Park/Larsen Field Trail Project (project) , Holman & Associates (H&A) completed anarchaeological study Archaeological Records Sea rch and Site Reconnaissance Rio Park/Lorsen Field TrailProject City o Carmel-By-The-Sea , Monterey County California (May 201 5]). The report provided arecords search and field survey summary , as well as recommendat ions for the treatment of previouslyunidentified cultural resources.

    Since the H&A study, the project area has expanded. Michael Baker International cultural staffconduct ed a reconna issance-level cultural re sources fiel d survey within the expanded area . The ntentof the fleld survey was to determine the presence of archeological deposits within or adjacent to theproj ect area that may be impacted by the project . The purpose ofthls letter report Is to summarize theprevious study and Identify the necessary actions required for the City of Carmel-by-the -Sea to complywith the environmental review obligations of he California Environmental Quality Act (CEQA).

    PROJECT DESCRIPTION

    The project would construct a 1 400-foot-long and 8-f oot-wide paved pedestrian/b ike path betwee nRio Road and Lasuen Drive In the urisdict ion of both the County o f Monterey and the City.

    PREVIOUS STUDY

    In May 2015, H A completed the report Archaeological Records Search and Site Reconnaissance RioPork/Larsen Field Trait Project Cityo Carmel-By-The-Sea Monterey County Caf/fomia .The purpose of hereport was to determine the presence of previously identified and unidentified cu ltural resources Inthe proj ect area. The report summa rized the Identification efforts and recommendations as part of heproject's environment al review per CEQA.

    Identification efforts by H A Inclu ded a records search at the Northwest Information Cente r (NWIC).The NWIC,as part of he California Historical Resources Informat ion System, Ca lifornia State University,Sonoma, an affilia te of the State of California Office of Historic Preservation (OHP), Is the offidal staterepository of cultural resource records and reports for Monterey County . The records search Identified

    three previously identified archeological sites within 1 kilometer of the project area: 1) the historicMiss ion Carmel {National Historic Landmark 214; State Historic Landmark 135 ; CA-MNT-18H); 2)prehistoric s ite CA-MNT-188 , a sparse shell midden; and 3} a h istoric period Mission Ra nch complex.

    MBAKERINTL COM7 9 Prospect Park Drive Suite220,Rancho Cordova.CA 95670

    P: 916)361·6384 F 9 6)361-1574

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    ATTACHMENT-2H

    MlchleiBabt InternationalRE: Cultural Resources Lett er Repo rt Rio Park/Larsen Field Trail Project City of Cannel-By-The-SeaMonterey County CaUfornlaPage2

    The records search also Identified four archaeological reconnaissance studies which Include landwithin or Immediately adjacent to the project area. H&A did not provide the results of hose studles.

    On April 9, 2015, H&A conducted a general surface reconnaissance-level survey to inspect forprehistoric and h istorical period cultural materials, topo grap hic indicators , as well as vegetation and

    so l characteristics that might indicate surface or subsurface cultural materials (H&A 2015: 7). Nocultural resources were Identified during the survey .

    Lastly, H A noted that the project area is located within an area with known prehistoric archaeologicalresources and intersects with Mission Carmel. Due to the presence of known cultural resources , H&Adetermined the area to have extremely high prehistoric and historical period archaeologicalsensltiVlty . H A recommended the following:

    1. A qualified archaeologist should be present for all excavation and soil disturbance during the

    planned construction over the entire length of the projec t area and any equipmen t stagingareas related to the project. f at any time potentially significant archaeological resources arediscovered, the monitor should be authorized to halt excavation untll a determination ofsignificance is made. If he find Is determined to be significant, work may remain halted unt il amitiga tion plan is developed and Implemented; and

    2. Following the construction phase of the project, a monitoring report should be completedwhich Includes the field methods used to find and identify potential resources, a preliminaryevaluation of any resources found, a preliminary map of any resources found , andrecommendations for additional research if warranted .

    MICHAEl BAKER INTERNATIONAL FIELD SURVEY

    In support of the project, Michael Baker Senior Cultural Resources Manager Nichole Jordan Davisconducted a cultural resources field survey of the project area expansion on November 3 2015. The

    intent of the field survey was to verify H&A's previous findings that no cultural resources wereIdentified within the project area expansion.

    The entire project area expansion was accessible du r ing the November 3, 2015, survey. Groundvisibility within the project area expansion varied from 0 to 100 percent . The areas of 100 percentvisibility were recently grubbed and were surveyed using 2-meter transects . Areas that had not beengrubb ed had 0 percent ground visibility and were surveyed using 5-meter transects .

    Ms. Jordan Davis observed oyster and mussel shells that may be associated with a shell midden withinthe project area expansion, north of the Monterey Cypress colonnade .

    RECOMMENDATIONS AND MmGATION MEASURES

    Based on the results of H&A's study Michael Baker's field survey and public input from Louise J.Ramirez, Chairperson of the Ohlone/Costanoan-Esselen Nation pursuant to Public Resources Code21081 .3, the project has extremely high prehistoric and historical period archaeological sensitivity .

    Marc Weiner. Actlng Community Planning and Building Director, of the City of Carmel and MichaelBaker developed mitigation measure CULT-1 In response to input from Louise J. Ramirez, Chairpersonof the Ohlone/Costanoan -Esselen Natlon during the public review process .

    7 9 Prospect Park Dnve ,Su1e 220. Rancho Cordovil. CA9S670

    P 916)361838 4 916}361 ·1574BAKERINTL COM

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    ATTACHMENT-2H

    Michael Baker Internationa lRE: Cultural Resources Letter Report Rio Plllrk Larsen Field Trail Project City of Carmel-By-The-Sea,Monter ey County, CalifomlaPage3

    CULT-1 Prior to construction, the City shall conduct presence/absence testing ofthose areas along thetrail that are proposed for grading or excavation . Areas that will receive fill and compaction donot warrant testing. f the testing demonstrates that the project would not Impact culturalresources, no further mitigation or professional monitor ing is necessary. Testing results will beshared with tribal representatives. f testing demonstrates that the project does have thepotent ial to Impact resou rces, specific mitigation strategies such as avoidance, protectioncapping) or excavation/recovery will be employed . Mitiga tion strategies will be shared with

    tribal representatives prior to construction . With the above strategy, further on-sitemonitoring Is not justified. However, f at any time potentially significant archaeolog ica lresources are encountered or suspected during construction, the construction manager shallbe authorized to halt excavation until the archaeologist provides an evaluation of th find. fthe find is determined to be significant, work shall remain halted until a mitigation plan Isdeveloped , approved by the Oty and tribal leaders, and Implemented. Work may proceed onother parts of the project site while mi t igation for the resource is carried out.

    Timing/Implementation : Prior to and during construction

    Enforcement/Monitoring: City of Carmel -by-the-SeaDepartment of Community Planning and Build ing

    Implementation of m itigation measure CULT-1 would ensure that provi sio ns are In place to reduceimpacts to historical resources t o a less than significant level as required by CEQA. Shouldarc haeological deposits be encountered, impacts to such resources should be avoided, or furtherinvestigation should be conducted to offset the loss of scientifically consequential Inform ation thatwould occur f avoidance IS not pos sible.

    CULT 2 In the event paleontological resources are encountered or suspected du r ing construction, theconstruct ion manager shall cease operation at the site of the discovery and immediately notifythe City of Carmel-by -the-Sea Department of Community Planning and Building. A qualified

    paleontologist shall provide an evaluation of the find and prescribe mitigation measures toreduce impacts to a less than significant level. In considering any suggested mitigat ionproposed by the consulting paleontologist , the City shall determine whether avoidan ce isnecessary and feasible in light of factors such as the nature of the find, project design, costs,and other considerat ions . If avoidance is unnecessary or infeasible, other appropriatemeasures e .g ., data recovery) shall be instituted . Work may proceed on other parts of theproject site while mitigation for paleontological resources Is carried ou t .

    Timing/Implementation: During construction

    Enforcement/Monitoring : City of Carmel -by-the-Sea Department of Community Planningand Build ing

    Implementation of mitigation measure CULT-2 would ensure that human rema ins encountered duringproject activities are treated in a manner consistent with state law and would reduce Impacts to

    human remains to a less than significant level a s required by CEQA. This would occur through therespectful coordination with descendant communities to ensure that the traditional and culturalvalues of sa id communities are Incorporated in the decision-making process concerning thedisposition of human remains that cannot be avoided.

    MBAKERINTL COM2729 Prospe ct Pa rk Ori,e ,Su ite 220. Rancho Cordova. CA 95670

    P 916) )61-8384 F· 916) 36H574

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