Public Hearing to Approve Mitigated Negative Declaration and Development Plan for the San Jose Creek Multipurpose Path Project

TO: Mayor and Councilmembers
FROM: Charles Ebeling, Public Works Director
CONTACT: Teresa Lopes, Senior Project Manager,
Laura Bridley, Contract Planner
SUBJECT: Public Hearing to Approve Mitigated Negative Declaration and Development Plan for the San Jose Creek Multipurpose Path Project
RECOMMENDATION:

A. Open a public hearing to take verbal and written testimony; and B. After considering the evidence presented during the public hearing, adopt Resolution No. 22____ entitled “A Resolution of the City Council of the City of Goleta, California, Adopting the Final Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and Approving the Development Plan for the San Jose Creek Multipurpose Path. Project Located Along San Jose Creek and State Route 217 right of way and Assessor Parcel Numbers 071-035-CA, 071-090-048, 071-090-047, 071-090- 074, 071-090-083, 071-010-010, 071-090-082, 069-160-013, 071-200-011 and 071-140- 055, from Calle Real to the Atascadero Bike Path; CASE NO. 22-0007-DP.”

BACKGROUND
The San Jose Creek Multipurpose Path (Project) has been in the City of Goleta’s Capital Improvement program prior to the City’s incorporation . The purpose of the Project is to complete two path segments for a continuous safe link in the regional active transportation network from Calle Real to the Atascadero Creek Trail (Obern Trail/Coast Route). The Project would construct a Class I bikeway/multipurpose path (Path) to close gaps in the regional active transportation network. The Path would connect the Calle Real commercial and residential ar eas on the north side of U.S. Route (US) 101 to commercial and residential areas within the Goleta Old Town area to the University of California, Santa Barbara (UCSB) and the Coast al Route. Four significant barriers to north -south regional connectivity wou ld be removed by crossing under US 101 and Union Pacific Railroad (UPRR) bridges, crossing over San Jose Creek and crossing under State Route (SR) 217 on the south end.

Grant and Project Development
In 2019 the City was awarded an Active Transportation Program (ATP) Cycle 4 Grant to fund the majority of the design, right of way and construction of the San Jose Creek Multipurpose Path Project (proposed project). The project received a total of $17,959,000 Agenda Item C.2

PUBLIC HEARING
Meeting Date: September 20, 2022
1 in State and Federal ATP funding with $1,800,000 fo r the Design Phase which included funding in the amount of $869,000 for the Right of Way , and $15,290,000 for the Construction Phase. The grant did not include funds for Conceptual Design and Environmental Review, which were funded entirely with local funds.

The Project must meet s pecific milestones required by the Caltrans Project Development Process and the ATP grant guidelines in order to receive the grant funding for each subsequent phase:

1. In order to receive the A TP funding awarded for the Design and Right of way phases of the project, the City must approv e the environmental document (MND) . the City must submit the approved MND as part of the funding allocation request package to Caltrans and the California Transportation Commission (CTC) by October 10, 2022.

2. After the ATP funding has been allocated for the Design and Right -of-Way phases for the project , the City must complete the final project bid documents (plans, specifications, and estimate) and obtain all right of way acquisitions and easements.

The final bid documents and right of way certification for the Project must be submitted to Caltrans and the CTC as part of the package to request allocation of the ATP Construction phase funding by January 2023.

It is important to note that City approval of the MND is required in order to return to the CTC for the next phase of funding this year.

The City is working in partnership with Caltrans as the project crosses multiple points of Caltrans right of way. Since award of the ATP grant , Public Works staff has had collaborative interactions with Caltrans to coordinate the project with Caltrans’ SR 217 (EA 05-1H4304) and US 101 (EA 05-1C3604) Bridge Replacement projects.

Staff also met with Santa Barbara County in early consultation about this project in December 2019 to review the southern extent of the path that is located in the County and to coordinate review and approval of the project. The southern portion of the project which is located in the Coastal Zone f alls within the jurisdictions of the County and the City. The County has their own Local Coastal Plan and this required the City to obtain a Coastal Development Permit (CDP) from both the County , for the portion in the County, and the California Coastal Co mmission (Coastal Commission), for the portion in the City . After discussions with the County, Caltrans and Coastal Commission, staff pursued a consolidated CDP from Coastal Commission to eliminate the need for a separate permit from the County. On February 26, 2021, the County agreed to allow Goleta to seek a consolidated Coastal Development Permit from the Coastal Commission . This consolidated review means that the project may proceed directly to the Coastal Commission for a Coastal Development Permit, and not require a CDP from the County.

San Jose Creek Timeline
On December 4, 2018 , the City Council authorized a Professional Design Services Agreement with Dewberry Engineers Inc. (Dewberry) for project conceptual design and environmental review for the San Jose Creek Bike Path Middle Extent ( identified as the Northern Segment in the Project ) in an amount not to exceed $1,100,000. On March 5, 2019, the City Council authorized a Professional D esign Services Agreement with Dewberry for project conceptual design and environmental review for the San Jose Creek Multipurpose Path Southern Extent ( identified as the Southern Segment in the Project ) Project in an amount not to exceed $1,436,017. Additi onally, on August 17, 2021 , the 2 agreement was amended for a new contract not -to-exceed amount of $2,500,000 to combine both the northern segment and southern segment into one project, to complete preparation of the environmental document, and expand on the project conceptual design for the portions of the project located with in Caltrans right of way to coordinate with the Caltrans bridge replacement projects.

The project design team is providing updates, environmental services and follow up permitting with state and federal agencies. City and contract staff are taking the project through local and Coastal Commission entitlement steps, as well as follow up permit s from state and federal agencies.

The initial key work product required by the ATP Grant was the completion of a conceptual design and environmental documentation under California Environmental Quality Act (CEQA). The project also requires clearance und er the National Environmental Policy Act (NEPA) because the grant involves federal funding , and Caltrans is responsible for that documentation. Thus, the City of Goleta requests approval of the proposed Final Initial Study/Mitigated Negative Declaration ( IS/MND) prepared pursuant to CEQA Section 15074, and approval of a Development Plan to allow the construction of the San Jose Creek Multipurpose Path from Calle Real to the Atascadero Bike Path east of SR 217.

After the Council’s approval of the IS/MND and Development Plan, the project will go to the Coastal Commission for approval of a Coastal Development Permit and seek follow up permits from multiple state and federal agencies with more developed plans , as summarized in Table 1. Anticipated timing for t hese steps following City approval of the MND is one to two years. The anticipated start date for construction of the proposed project is spring 2024, and it would last approximately one to two years.

Table 1
Agency Permit/Approval Status
City of Goleta City Council Approval of IS/MND and
Development Plan
Follows approval of technical
studies and public circulation of
IS/MND
Santa Barbara County Consolidated Coastal
Development Permit Concurrence
Letter
County sent to the Coastal
Commission on February 26, 2021
and copied the City. This approval
is complete.

Caltrans/Federal Highway
Administration (FHWA)
Approval of a Categorical
Exclusion, under National
Environmental Protection Act
(NEPA)
Follows approval of technical
studies and receipt of
Biological Opinion and
approval of IS/MND
Caltrans Encroachment Permit Application to follow approval of IS/MND (by City)
U.S. Army Corps of Engineers
(Corps)
Section 404 Nationwide Permit Application to follow approval of IS/MND (by City)
United States Fish and Wildlife
Service (USFWS)
Biological Opinion and
Incidental Take Permit under
Section 7 Consultation of the
Federal Endangered Species
Act
Biological Assessment (BA)
prepared as basis for
consultation
National Oceanic and Biological Opinion and Biological Assessment (BA) 3 Agency Permit/Approval Status
Atmospheric
Administration/National Marine
Fisheries Service
(NOAA/NMFS)
Incidental Take Permit under
Section 7 Consultation of the
Federal Endangered Species
Act
prepared as basis for
consultation
NOAA/NMFS Essential Fish Habitat
Consultation
Biological Assessment (BA)
prepared as basis for
consultation
California Department of Fish
and Wildlife (CDFW)
Section 2081 – Incidental Take
Permit or Consistency
Determination
Application to follow approval
of IS/MND (by City)
CDFW Section 1602 Lake and
Streambed Alteration
Agreement
Application to follow approval
of IS/MND (by City)
Central Coast Regional Water
Quality Control Board (RWQCB)
Clean Water Act Section 401
Water Quality Certification
Application to follow approval
of IS/MND (by City)
Central Coast RWQCB State Waste Discharge
Requirements
Notice of Intent filed upon
contract award
Central Coast RWQCB National Pollutant Discharge
Elimination System (NPDES)
Permit – Construction General
Permit
Notice of Intent filed upon
contract award
California Coastal Commission Consolidated Coastal
Development Permit
Application to follow approval
of IS/MND and Development
Plan (by City)
Jurisdiction
The project extends from the inland to coastal zone portions of Goleta and is located near Environmentally Sensitive Habitat Areas (ESHA). A City project located within the coastal zone and is located within ESHA must obtain a Development Plan per G oleta Municipal Code (GMC) 17.59.020(A)(5), since it does not qualify for an Exemption or a Land Use Permit (GMC 17.55.030(A)). GMC 17.50.030 states that the City Council has the following powers and duties:
“(H) Act as the Review Authority for all zoning permits, except Zoning Clearances, and all discretionary approvals required by this Title for City projects, including Capital Improvement Program projects.”
Therefore, City Council is the final decisionmaker for the CEQA document and Development Plan per GMC 17.59.

Project Description
The proposed project consists of two separate path segments which together would provide a continuous path from Calle Real to the Atascadero Creek Bikeway (See Attachment 2 Exhibit 1). The two segments of the proposed project are as follows:

Northern Segment (See Attachment 2 Exhibit 2) : This portion of the project extends from Calle Real under U.S. 101 and Union Pacific Railroad (UPRR) to Armitos Avenue. Here the 4 Path would join the Class I facility near Armitos Park (to be constructed 2023) which connects to the existing Class I path at Jonny D. Wallis Park. The northern segment of the multipurpose path would be a paved path approximately 2,400 feet in length ranging from 8 to 10 feet wide with shoulders ranging from 0 to 2 feet wide. Retaining walls will be located along sections of the path alignment and would range from 4 feet to 12 feet in height.

The Northern Segment would be on the west side of San Jose Creek, within the flood plain but outside of the active channel. It is anticipated that approximately 680 feet of the proposed project path would be constructed within the existing San Jose Creek bank. This situation would occur where the proposed project crosses under the UPRR, US 101, and Calle Real bridges.

Southern Segment (See Attachment 2 Exhibit 3) : This portion of the project would be approximately 1 mile in length, ranging from 8 to 10 feet wide, with shoulders ranging from 0 to 2 feet wide. A 2 -foot wide, 3.5-foot-high standard concrete barrier with a bicycle/pedestrian rail would separate the multipurpose path from SR 217. The multipurpose path would raise in elevation at the proposed 12 ft wide bicycle/pedestrian bridge that would span over San Jose Creek, and then the path would transition to the SR 217 shoulder. The multipurpose path will remain at grade with SR 217 for approximately 3,200 feet, at which point the path will then drop below the SR 217 grade for 1,066 feet as the path approaches the proposed 14 ft wide by 8 ft high box culvert crossing under SR 217. Approximately 1,500 feet of the southernmost portion of this segment is outside of City limits and located within Santa Barbara County jurisdiction.

Figures 1 thr ough 3 included in Attachment 2 provide an overview of the San Jose Creek Multipurpose path.

Construction of the southern segment of the proposed project would require partial road closures along SR 217 in order to construct the facility within the shoulder and second lane of southbound SR 217, as well as for the southerly undercrossing culvert construction. This would require staged construction and partial lane closures.

Utility relocation would be needed for th e path tie-in at Calle Real in the northern segment.

Utilities within the southern segment include a storm drain, gas lines, water lines and overhead electric and telecommunications cables which cross SR 217, and others located near South Kellogg Avenue.

While the fundamental alignment, conceptual design and project effects on the environment have been assessed as completely as possible with 35% design drawings, there are additional details that must be developed during the following design phases. The City Council can direct staff to bring certain design elements of this Project to the Design Review Board (DRB) for advisory review.

DISCUSSION:

Environmental Review / California Environmental Quality Act (CEQA) As noted above, multiple technical reports were prepared by Dewberry for the Public Works Department and reviewed iteratively by Caltrans as the start of the environmental review of this project from 2018 to 2022. Such reports, available as appendices to the IS/MND, were refined multiple times and ultimately contributed to the draft IS/MND. It should be noted that 5 the IS/MND includes assessment of the project in relation to CEQA thresholds of both the City of Goleta, and the County of Santa Barbara, as the project spans both jurisdictions.

The draft IS/MND was prepared for the project pursuant to the requirements of CEQA ( Pub.

Resources Code §§ 21000 et seq.) and released on June 30, 2022 for a 30 -day public review period. Staff received 46 comments by the close of that circulation period ( August 1, 2022) and have made revisions as needed in the final IS/MND, (see Attachment 1, Exhibit 1; Appendix A provides Responses to Comments ). One letter from the California Department of Fish and Wildlife was received eight days after the close of publi c comment and City staff has reached out to this agency to review their comments verbally . Staff will continue to coordinate with this agency as the project moves forward with all agencies for permitting after the City’s action on the CEQA document and Development Plan.

The six areas of concern that resulted in mitigation measures were aesthetics, biological resources, geology and soils, hazards and hazardous materials, hydrology and water quality, and noise. These potential impacts and mitigation measures are summarized below.

Aesthetics
Potential impacts could occur to aesthetic resources given the project’s location within 1200 feet of scenic views designated at Hollister Avenue near Goleta Valley Community Center, Ward Drive/Hollister Avenue, and U.S. 101/S.R. 217 interchange proposed project. While both U.S. 101 and S.R. 217 are designated as Local Scenic Corridors in the City General Plan, the project route will go under U.S. 101 through a culvert so the Project will not be visible from this co rridor. Approximately 82 trees are planned to be removed along the northern segment, with nine from Calle Real to U.S. 101 , this would be visible to users of U.S. 101. Another seven trees would be removed between U.S. 101 and UPRR.

The proposed multipurpose path bridge over San Jose Creek would be approximately 10 feet above existing ground level with safety fencing approximately 8 feet in height. This is consistent with the scale of the surrounding structures in the proposed project area. The proposed multipurpose path bridge would not obstruct views of the mountains for travelers along eastbound SR 217.

Mitigation measures to address these effects include:
 Use of open style safety fencing and rails on the bridge structure in consultation with the City of Goleta and Caltrans;
 Replacement of roadside rail with an open style structure in consultation with Goleta and the County of Santa Barbara, and with Caltrans when in State right of way;  Fencing associated with the multipurpose bridge to be visually compatible with the SR 217 bridge;
 No standard galvanized chain link fencing except at the right of way line, as required;  Aesthetic treatment of retaining walls and concrete barriers that may include lo w shrubs, and/or surface texturing to reduce the potential for graffiti, in consultation with Goleta, Santa Barbara County, and Caltrans; and
 During final design of the project plans, include consultation with a landscape architect, Board Certified Master Arborist or Registered Consulting Arborist to prepare a tree replacement plan (included in a Conceptual Habitat Restoration Plan) that will include species, quantities, locations of replacement plantings and specifications for the 6 survival of planted tree s. Trees will be replaced at a 1:1 ratio, and those identified as riparian trees will be replaced at a 3:1 ratio.

The proposed project would have a less than significant impact on established scenic vistas with the incorporation of mitigation measures.

Biological Resources
Potential impacts could occur on biological resources along San Jose Creek and the associated ESHA. Potential impacts to special -status wildlife species include direct harm if they were to become trapped in the construction area, come into contact with construction personnel and/or equipment, or be inhibited from movement through the construction area.

The following special-status wildlife species that have the potential to be impacted within the proposed project area:
 Monarch Butterfly
 California Red -Legged Frog, Coast Range Newt, Northern California Legless Lizard, Western Pond Turtle, and Coast Horned Lizard
 Southwestern Willow Flycatcher and Least Bell’s Vireo  Grasshopper Sparrow, White Tailed Kite, Belding’s Savannah Sparrow, and O ther Migratory Birds and Raptors
 Pallid Bat, Western Mastiff Bat, and Western Red Bat
 San Diego Desert Woodrat
With implementation of Mitigation Measures BIO -1 through BIO -9, residual project impacts on biological resources during construction would be less than significant. Wildlife movement through the area will be accommodated by adjacent open space areas and fencing and monitoring would ensure construction would not inadvertently intrude into immediately adjacent sensitive ESHA.

The southern segment has the potential to directly and indirectly impact designated critical habitat and essential fish habitats for tidewater goby and southern California steelhead, and the northern segment has the potential to directly and indirectly impact designated critical habitat for southern California steelhead . Within the northern segment, approximately 0.304 acres of shaded riverine aquatic (SRA) habitat has the potential to be permanently impacted, and 0.204 acres of SRA would be temporarily impacted. Within t he southern segment, approximately 0.09 acres of SRA habitat would be permanently impacted, and no temporary impacts would occur on the southern segment. Implementation of Mitigation Measures BIO -2 and BIO -3 will reduce project impacts on tidewater goby, s outhern California steelhead, designated critical habitat, and Essential Fish Habitat (EFH) to less than significant levels.

The proposed project has the potential to impact wetlands and riparian habitat. With respect to wetlands, the proposed project woul d result in approximately 0.02 acres of permanent impacts to potentially jurisdictional wetlands located within the southern segment due to the alignment of the multipurpose path. No wetlands are located within the northern segment; however, the proposed p roject would result in 0.005 acres of permanent impacts to other waters of the U.S. within the northern segment. With respect to riparian habitat, the proposed project northern segment has approximately 0.304 acres of California sycamore/coast live oak riparian woodland habitat that would be permanently impacted and approximately 0.204 acres would be temporarily impacted as a result of construction access 7 and staging areas. Within the proposed project southern segment, approximately 0.15 acres of arroyo wil low riparian thicket would be permanently impacted; no temporary impacts would occur. Impacts to riparian habitat and wetland habitats would be mitigated through the implementation of Mitigation Measure BIO -2, which requires replacing these habitats at a 3 :1 ratio, or ratio determined appropriate through the agency permits, thus reducing impacts to a less than significant impact. Once construction is complete, no significant contribution to cumulative biological resource impacts will occur with the ongoing day-to-day operations of the project site which would return to current levels. In addition, the City could partner with a governmental or non -profit organization in the area already actively restoring salt marsh habitats in the region (e.g., Goleta Slough Tidal Restoration Project by SBC, West Goleta Slough Project by The Land Trust for SBC, North Campus Open Space Restoration Project through UCSB’s Cheadle Center for Biodiversity and Ecological Restoration).

The proposed project northern segment would in clude the potential removal or impact of approximately 82 trees consisting of native and non -native species. Mitigation Measures AES-2 and BIO -2 would require tree replacement at a 3:1 ratio for trees considered to be riparian trees and a 1:1 ratio for all other trees. The implementation of these mitigation measures would reduce impacts related to tree removal to less than significant levels.

The IS/MND includes extensive analysis of existing habitat types and potential jurisdictional areas within the prop osed project, all of which will be subject to state and federal agency permitting. With implementation of the proposed mitigation measures BIO 1 through BIO 9 , the residual project impacts on biological resources during construction would be less than significant. Wildlife movement through the area will be accommodated by adjacent open space areas and fencing and monitoring would ensure construction would not inadvertently affect immediately adjacent sensitive ESHA. Impacts to riparian habitat and wetland habitats would be mitigated through replacement of such habitats on a 3:1 ratio or a ratio determined appropriate through agency permits, thus reducing such impacts to a less than significant level.

Geology and Soils
The potential for fault rupture is m inimal at the proposed project site and there are no Alquist-Priolo mapped earthquake faults or zones identified on or in the immediate proposed project area. While low lying areas of the project site, particularly along San Jose Creek, may be susceptible to liquefaction, construction methods for retaining walls, the multipurpose path bridge over San Jose Creek, and the culvert under SR 217 mean t he project is anticipated to have a less than significant impact. Although San Jose Creek is immediately adjacent to the proposed project, no construction activity or grading would occur within the top of bank or active channel of San Jose Creek. The proposed project area is on level, flat terrain and does not pose risk of landslide. Activities involving soil disturbance, excavation, cutting/filling, and grading could result in increased erosion , which will be addressed through adherence to, and implementation of multijurisdictional permitting requirements, building/grading standards, site-specific Best Management Practices (BMPs), and mitigation measures required by the final MND.

The proposed project site includes disturbed and undisturbed sections in a primarily urban setting including local roadways, bridges and highways, all of which have low paleontological sensitivity. Mitigation Measure GEO -1 would therefore be required, to stop work if a fossil discovery is made during the course of construction until a qualified 8 paleontologist can evaluate the discovery and determine if additional mitigation or treatment is warranted.

Hazards and Hazardous Materials
While the proposed project itself would not create any hazards or contribute to hazardous materials, construction of the San Jose Multipurpose Path could result in disturbance of hazardous materials remaining in already disturbed areas or related to construction materials and vehicles. Observation of Workers ’ Compensation and Safety Laws of the State of California, Division V of the Labor Code, and use all accepted and best safety practices for the public and contractor’s employees would mitigate this potential effect.

Hydrology and Water Quality
Construction activities involving soil disturbance, excavation, cutting/filling, and grading activities could result in increased erosion and sedimentation to San Jose Creek and waters downstream. Construction materials, such as asphalt and concrete, and construction equipment fluids could be exposed to precipitation and subsequent runoff. Implementation of construction BMPs, compliance with vehicle manufacturer’s specifications, and compliance with applicable regulations would reduce the chances of impacti ng surface water and groundwater quality.

Noise
Construction activity would generate temporary noise and ground -borne vibration in the project site vicinity, exposing surrounding sensitive rec eptors to increased noise levels.

Northern segment construction noise would include excavation and foundation construction phases, but this activity would be located a minimum of 50 feet from the nearest sensitive receptor (Armitos Park). The southern segment includes pile driving construc tion which is expected to affect residences at the Winslowe Homes/City Ventures project and the Rancho Goleta Lakeside Mobile Home Park. These noise impacts would be temporary for the surrounding community, and the contractor would implement BMPs such as c ompliance with City construction hours of Monday through Friday, 8:00 to 5:00 p.m. (Section 17.39.070 of the Goleta Municipal Code) , providing a contact for noise complaints and offering activity updates to the nearby community.

Additional mitigation measures include NOI-1, to minimize noise and vibration disturbances during construction:
 Use of newer equipment with improved muffling, engine enclosures and vibration isolations, inspected at periodic intervals to ensure presence of these noise control devices;
 Use of construction methods or equipment with the lowest level of noise and ground vibration impact available, such as alternative low noise pile installation; and  Turning off idling equipment.

With the implementation of these measures, the proposed project would not have a residual noise impact and impacts would be less than significant.

General Plan Consistency
The project is consistent with the General Plan as more fully discussed in Attachment 1, 9 Exhibit 3. As a major capital improvement project that has been on the City’s Transportation Element and more recently the Bike and Pedestrian Master Plan, the project fulfills several key General Plan policies such as:
 Land Use Element: Policies 1.1, Figure 2-1, Policy 1.7, 1.8.,1.13, 12.1, 12.7  Open Space Element: Policies 4.2, 4.3, 4.5, Fig 3-2, Figure 3-5, 7.3, 7.5, 8.0  Conservation Element: Policies 1.6 c. and d., 2.2, 2.3, 8.2, 8.3, 9.0, 10.3, 10.4, 10.6  Safety Element: Policy 5
 Visual Resource Element: Policies 1.5, 2.4, 2.5
 Transportation Element: Figures 7-5, 7-6, Policies 1.1 thru 1.4, 2.3, 10.1 thru 10.3, 10.6  Noise Element: Policies NE 6.4, 6.5
Zoning Ordinance Consistency
Project consistency with Title 17 is inherent through the proje ct’s compliance with the Development Plan and mitigation measures included in the IS/MND. Because public right of way does not have its own zoning, and because the project is almost entirely within existing infrastructure such as Calle Real, under US 101, UPRR, along San Jose Creek, and between the San Jose Creek floo d channel and SR 217, analysis of the project with respect to zoning development standards such as height, setbacks, and lot area density would not be appropriate. Further, Title 17 recognizes this through §17.53.020.X that allows Capital Improvement Program projects to be exempt from Zoning permits, except where located within an ESHA. Compliance with the final MND mitigation measures and conditions of approval per the approved Development Plan , as cleared during final permitting with a zoning clearance by the Public Works Department, ensures that the San Jose Creek Multipurpose Path project complies with the intent of Title 17 as a capital improvement project.

As provided in Attachment 1, Section 4, the project meets all the findings required for approval of a Development Plan per Title 17, §17.59.030.

FISCAL IMPACTS:

There is no new fiscal impact associated with this item.

The existing not-to-exceed $2.5M Professional Design Services Agreement with Dewberry remains intact and has an expiration date of June 30, 202 3. No additional funding is anticipated to complete the conceptual design and environmental aspects of the Project.

Staff will return to City Council early next year to execut e a new agreement for the design and right of way phases once the ATP grant funding has been allocated.

ALTERNATIVES:

Not applicable.

Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
10 ATTACHMENTS:

1. “A Resolution of the City Council of the City of Goleta, California, Adopting the Final Mitigated Negative Declaration and Mitigation Monitori ng and Reporting Program, and Approving the Development Plan for the San Jose Creek Multipurpose Path.

Project Located Along San Jose Creek and State Route 217 right of way and Assessor Parcel Numbers 071 -035-CA, 071 -090-048, 071 -090-047, 071 -090-074, 071-090-083, 071-010-010, 071-090-082, 069-160-013, 071-200-011 and 071-140- 055, from Calle Real to the Atascadero Bike Path; CASE NO. 22 -0007-DP” including:

Exhibit 1: San Jose Creek Multipurpose Path Final Mitigated Negative Declaration Exhibit 2: Mitigation Monitoring and Reporting Program
Exhibit 3: Conditions of Approval
Exhibit 4: General Plan Consistency
Exhibit 5: Project Plans

2. San Jose Creek Multipurpose Path Alignment Exhibits, including:

Exhibit 1: San Jose Creek Multipurpose Path Overall Alignment Exhibit 2: San Jose Creek Multipurpose Path Northern Segment Exhibit 3: San Jose Creek Multipurpose Path Southern Segment

3. PowerPoint presentation for San Jose Creek Multipurpose Path 11 ATTACHMENT 1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GOLETA, CALIFORNIA, ADOPTING THE FINAL MI TIGATED

NEGATIVE DECLARATION AND MITIGATION MONITORING

AND REPORTING PROGRA M, AND APPROVING THE

DEVELOPMENT PLAN TO ALLOW FOR CONSTRUCTION OF
THE SAN JOSE CREEK M ULTIPURPOSE PATH. PROJECT

LOCATED ALONG SAN JO SE CREEK AND STATE R OUTE
217 RIGHT OF WAY AND A SSESSOR PARCEL NUMBE RS
071-035-CA, 071 -090-048, 071 -090-047, 07 1-090-074, 071 - 090-083, 071 -010-010, 071 -090-082, 069 -160-013, 071 -200- 011 AND 071 -140-055, FROM CALLE REAL TO THE
ATASCADERO BIKE PATH; CASE NO. 22-0007-DP

12 1
RESOLUTION 22-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GOLETA,

CALIFORNIA, ADOPTING THE FINAL MI TIGATED NEGATIVE

DECLARATION AND MITIGATION MONITORI NG AND REPORTING

PROGRAM, AND APPROVI NG A DEVELOPMENT PLAN TO ALLOW

FOR CONSTRUCTION OF THE SAN JOSE CREEK MULTI PURPOSE
PATH ALONG SAN JOSE CREEK AND STATE ROUTE 217 RIGHT OF WAY AND ASSESSOR PARCEL NUMBERS 071-035-CA, 071-090-048, 071-090-047, 071-090-074, 071-090-083, 071-010-010, 071-090-082, 069- 160-013, 071-200-011 AND 071-140-055, FROM CALLE REAL TO THE ATASCADERO BIKE PATH; CASE NO. 22-0007-DP

SECTION 1: Recitals. The City Council finds and declares that:

A. The San Jose Creek Multipurpose Path has been on the City of Goleta Capital Improvement Program since it was first adopted, reflecting earlier goa ls for this project also forecast by the County of Santa Barbara prior to the City’s incorporation; and

B. In 2019, the City was granted an Active Transportation Grant for design and construction of the San Jose Creek Multipurpose Path, which has been described in two sections, now known as the Northern Segment (Calle Real to Armitos Park) and the Southern Segment (Kellogg Avenue near Kellogg Way to the Atascadero Bike Path/Obern Trail) (“Project”); and

C. From 2019 to 2021, the City worked with the State of California Department of Transportation, District 5 (Caltrans) to develop conceptual design plans and background technical reports assessing the San Jose Creek Multipurpose Path , including Geometric Approval Drawings (GAD’s), Advanced Planning Studies, Hydraulic Impacts Memo, Project Report and Design Standard Decision Documents as well as technical environmental studies; and

D. On February 26, 2021 the County of Santa Barbara granted approval of a consolidated Coastal Development Permit (CDP) for the project from the County of Santa Barbara to the California Coastal Commiss ion for the Coastal Development Permit component of the Project, which will cover the portions of the Project located in the City and County jurisdictions under one CDP; and

E. The City reviewed the Project’s environmental impacts in accordance with the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA”), the regulations promulgated thereunder (14 California Code of Regulations §§ 15000 et seq. , the “CEQA Guidelines”), and the City’s Environmental Review Guidelines (“Goleta Guidelines”); and

13 2
F. An Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for the Project pursuant to CEQA Guidelines and was released for public review on July 1, 2022 and the comment period closed on August 1, 2022; and

G. The Final IS/MND for the Development Plan is attached as Exhibit 1 to this Resolution and incorporated by reference and was prepared in full compliance with CEQA and concluded that the project will not have a significant effect on the environment; and

H. On or before September 4, 2022, the site was posted for the September 20, 2022 City Council hearing by the applicant, the City Public Works Department (a minimum of 15 days prior to the City Council meeting); and

I. On September 8, 2022 , notice of the public hearing was published in the Santa Barbara Independent and notices were mailed to owners within 1000 feet of the project site and occupants within 500 feet of the project site; and

J. On September 20, 2022, the City Council conducted a duly noticed public hearing on the San Jose Creek Multipurpose Path project, at which time all interested persons were given an opportunity to be heard. Further, the City Council considered the entire administrative record including, without limitation, staff reports, and oral and written testimony from interested persons.

SECTION 2: Factual Findings and Conclusions. The City Council finds as follows:

A. The Project site (Multipurpose Path) includes a northern segment and a southern segment. The northern segment, from Calle Real to Armitos Park, would be 2400 feet in length and 10 to14 feet in width, located primarily within public right-of-way held by the City of Goleta and Caltrans crossing under U.S. 101) and Union Pacific Railroad ( crossing under UPRR facility) . The southern segment , app roximately one mile long and ranging from 8 to12 feet wide, would begin on South Kellogg Avenue, north of Kellogg Way, and continue with sidewalk infill to a bicycle/pedestrian bridge from Kellogg Avenue over the existing San Jose Creek channel to match State Route 217 (SR 217), then continue in the Caltrans right- of-way parallel to the shoulder of State Route 217, then continue south where a box culvert will be constructed to cross under SR 217 and connect to t he Atascadero Bike Path/Obern Trail on the east side of SR 217. Partial right-of-way acquisition occurs throughout the project site at APN 071-035-CA, APN 071-090- 048, APN 071-090-047, APN 071-090-074, APN 071-090-083, APN 071-010-010, APN 071-090-082, APN 069-160-013, APN 071-200-011, and APN 071-140-055.

The northern segment has five General Plan designations : Medium Density Residential, High Density Residential, Community Commercial, General Industrial, Planned Residential, and Open Space/Active Recre ation. This segment has four related zoning designations: Design Residential (DR 10, DR -20, DR-25 and DR 35), Light Industrial (M -1), Highway Commercial (CH), and Professional and 14 3
Institutional (Pl). The southern segment has six General Plan designations: Old Town (commercial), General Commercial, Business Park, Old Town, Service/Industrial, General Industrial, Mobile Home Park, Open Space, and Public/Quasi-Public. The southern segment has five zoning classifications per Title 17 : BP (Business Park), CG (G eneral Commercial), OT (Old Town), IS (Service Industrial), and IG (General Industrial), with portions of the project also within the AD (Airport Environs) overlay for Approach Zone – 1 Mile.

B. A portion of the southern segment is located within the Coastal Zone.

C. Access to the project is from Calle Real, or from Armitos Avenue, or from Kellogg Avenue, or from the Atascadero Creek Bikeway/Obern trail on the south.

D. The proposed project adequately addresses the multipurpose path needs in this area of the City. The proposed project would connect Calle Real to Armitos Park and Jonny D . Wallis Neighborhood Park, both of which provide access to N.

Kellogg Avenue , Hollister Avenue and Kellogg Avenue. The proposed project southern segment would connect to the existing bicycle lane and sidewalk network at Hollister Avenue and Kellogg Avenue and extend south , crossing over the San Jose Creek extending along the east side of San Jose Creek and west side of SR 217 to connect to the existing Class I Atasc adero Creek Bikeway /Obern Trail .

Thus, the proposed project would provide an important connection between existing active transportation areas.

E. The project site has remained primarily in public right-of-way overseen by either the City of Goleta, Calt rans, UPRR, Santa Barbara County Flood Control and the County of Santa Barbara since before the City of Goleta’s incorporation. Portions of the Northern Segment require right of way acquisitions or easements from private property to complete the path const ruction. The Southern Segment will require easement from one private property.

F. On August 15, 2022, the Public Works Department filed an application for the San Jose Creek Multipurpose Path that would be considered and approved by City Council per Title 17, §17.050.030(H).

G. Based on the location , size, and nature of the proposed project, an I S-MND was prepared and circulated for public review as stated in Section 1 above.

H. The factual findings in this Section are based upon substantial evidence found within the entirety of the administrative record. Notwithstanding the identification of specific facts within this Section, the entire administrative record adequately provides substantial evidence for all findings set forth in this Resolution.

15 4
SECTION 3: Environmental Assessment for the Project. The City Council makes the following environmental findings:

A. The City completed a Final IS-MND for the project in accordance with applicable law including, without limitation, CEQA Guidelines §§ 15070, 15071 and 15073 .

The Final MND is dated August 2022 and entitled “San Jose Creek Multipurpose Path Project Initial Study/Mitigated Negative Declaration” (Exhibit 1)

B. The Final IS-MND and the Mitigation Monitoring and Reporting Program (MMRP) (Exhibit 2) were presented to the City Council which reviewed the record of the proceedings and considered all information contained in the Final MND and its appendices, the MMRP and the testimony and additional information presented at or before all public hearings in accordance with CEQA Guidelines §15074.

C. Pursuant to CEQA Guidelines §15074, the Final MND reflects the City’s independent judgment and analysis. The City Council has independently reviewed and analyzed the Final M ND prepared for the Project. The Final IS-MND is an accurate and complete statement of the potential environmental impacts of the project. The Final IS-MND was prepared under the direction of the City of Goleta Public Works D epartment and reflects the City Council’s independent judgment and analysis of the environmental impacts and comments received on the Draft and Final IS-MND.

SECTION 4. Development Plan Findings. The City Council makes the following findings in accordance with Goleta Municipal Code sections 17.52.070 (Common Findings) and 17.59.030 (Required Findings).

A. 17.52.070.A (Common Procedures Required Findings for Approval)

1. There are adequate infrastructure and public services available to serve the proposed development, including water and sewer service, existing or planned transportation facilities, fire and police protection, schools, parks and legal access to the lot.

Public services to the existing project site are currently provided by the Santa Barbara County Fire Department, Goleta Water District, Goleta Sanitary District, Southern California Edison, Southern California Gas Company, and Santa Barbara County Sheriff. Such public services to the existing site will not change. With these existing utility services, the proposed Development Plan has adequate infrastructure and public services available

2. The proposed project conforms to the applicable regulations of Title 17, and, any zoning violation enforcement on the subject premises has been resolved as permitted by law.

The proposed San Jose Creek Multipurpose Path meets Title 17 zoning code 16 5
requirements as applicable to Capital Improvement Projects. No zoning violations exist on the public right-of-way areas where the proposed project will be built.

3. The proposed development is located on a legally created lot.

The project is located primarily within public right-of-way that has been owned and maintained by the City of Goleta , Caltrans and UPRR since before the City’s incorporation. Project development included extensive title searches that helped identify property acquisitions or easements necessary for the San Jose Creek Multipurpose Path, either for temporary construction purposes and minor alignments of the project trail, and all title clearances appear in order to proceed with final project design and construction.

4. The development is within the project de scription of an adopted or certified CEQA document or is statutorily or categorically exempt from CEQA.

The proposed project is within the project description of the Final IS-MND to be approved with the project Development Plan (Case No. 22-0007-DP). The environmental impacts associated with the proposed project have been analyzed within the Final IS-MND that has been circulated for public review.

The impacts anticipated with the construction and operation of the multipurpose path have been mitigated to the maximum extent feasible upon final permitting and comp liance with mitigation measures included in the MMRP.

B. 17.59.030. (Required Findings, Development Plans)

1. The project as proposed is consistent with the General Plan.

Based on the General Plan/Coastal Land Use Plan Consistency Analysis attached as Exhibit 4, and incorporated herein by reference ), the Project conforms to the General Plan/Coastal Land Use Plan . The San Jose Creek Multipurpose Path is consistent with the City of Goleta General Plan which shows this project and proposed alig nment on Figure 3 -2 (Park and Recreation Map), Figure 7 -5 (Pedestrian System Plan) as well as planned Class I Bikeway on Figure 7 -6 (Bikeways Plan Map). These plans are also consistent with prior planning documents from the County of Santa Barbara, prior to Goleta incorporation, as well.

2. The site for the project is adequate in size, shape, location, and physical characteristics to accommodate the density and density of development proposed.

The project site is located along as much public right -of-way as possible to align the Mutlipurpose path with San Jose Creek as a connection from Calle 17 6
Real on the north to the Atascadero Bike Path/Obern Trail, on the south. Most of the project will be built under or adjacent to bridges, streets and the SR 217 highway, with some sections located along the naturalized portion of Old San Jose Creek. The project alignment will accommodate the density of development surrounding the project site and in fact enh ance travel options and comfort for this population.

3. Any significant environmental impacts are mitigated to the maximum extent feasible.

An IS-MND was prepared that evaluated all potential environmental impact associated with construction of the project and identified mitigation measures to minimize such adverse effects. With implementation of all mitigation measures in the IS/MND, not significant environmental impacts are anticipated with the project. Additional permit approval by state and fed eral resource agencies will also minimize environmental impact.

4. The project will not conflict with any easements required for public access through, or public use of a portion of the property.

The project utilizes public right of way and nearby lands with small portions of private property that will be secured to complete the northern segment of the path. Because the intent of this project is to provide public access along such right of way and public lands, it will not conflict with easements f or this purpose.

SECTION 5. Design Review Findings. The City Council makes the following findings, pursuant to authority granted in Section 17.50.030.H. and 17.58.040.C.2 for the San Jose Creek Multipurpose Path Project:

1. The development is compatible with the neighborhood, and its size, bulk, and scale will be appropriate to the site and the neighborhood.

The proposed project improvements, including retaining walls and paved path surfaces, are designed to be compatible with current site characteristics and the surrounding neighborhoods as much as the site topography will allow. Conceptual design of the multipurpose path is intended to respect to the maximum extent feasible the San Jose Creek bank and adjoining riparian settings. The bicycle pedestrian bridge crossing of the San Jose Creek channel to access SR 217 is also planned to accommodate the facility with fencing on both sides. For portions of the Path along SR 217, separation will be provided by concrete barriers and chain link fencing.

2. Site layout, orientation, and location of structures, including any signage and circulation, are in an appropriate and harmonious relationship to one another and the property.
18 7

Design of the Multipurpose Path will be limited to narrow areas along San Jose Creek. Any signage required will be for safety and guidance to all users and be located to be harmonious with the natural environment of the path's location.

Landscape enhancements will be provided through mitigation using native and riparian vegetation will be developed during final design that can be reviewed by the Design Review Board, if City Council directs, on an advisory basis prior to final plan preparation and construction.

3. The development demonstrates a harmonious relationship with existing adjoining development, avoiding both excessive variety as well as monotonous, repetition, but allowing similarity of style, if warranted.

As a City Capital Improvement Project, the San Jose Creek Multipurpose Path would include sensitive design details (e.g. railing design, architectural treatments on retaining walls, native plant restoration, etc.) to blend it into the natural setting of the San Jose Creek corridor and be compatible with roadway infrastructure of Calle Real, Armitos Avenue, South Kellogg Avenue and SR. 217.

4. There is harmony of materials, colors, and composition on all sides of structures.

As a City Capital Improvement Project, the San Jose Creek Multipurpose Path would include sensitive design details (e.g. railing design and architectural treatments on retaining walls and bridge abutments) to blend it into the natural setting of the San Jose Creek corridor and be compatible with roadway infrastructure of Calle Real, Armitos Avenue, South Kellogg Avenue and SR. 217.

5. Any outdoor mechanical or electrical equipment is well integrated in the total design and is screened from public view to the maximum extent practicable.

No mechanical or electrical equipment is proposed as part of the project, and solar lighting is proposed through the box culvert, as well rectangular flashing beacons (RRFB’s) that will be installed at the crosswalk on South Kellogg, where access to the bicycle/pedestrian bridge opens. Flood warning signs will be posted on the path as needed.

6. The site grading is minimized and the finished topography will be appropriate for the site.

Site grading for the San Jose Creek Multipurpose path will be minimized to the greatest extent feasible while still providing an accessible facility over a project area with existing grade differences for a wide range of users, including pedestrians and bicyclists and with accessibility in mind. Due to the slope of the site location along San Jose Creek, a series of retaining walls are necessary to provide the structure for certain parts of the path. The amount of disturbed soil area in the northern segment is anticipated to be 0.77 acres and in the southern 19 8
segment 2.34 acres, and this will be minimized to the maximum extent feasible while still meeting City and Caltrans design standards.

7. Adequate landscaping is provided in proportion to the project and the site with due regard to the preservation of specimen and protected trees, and existing native vegetation.

Landscaping/mitigation plans will be developed to offset up to 8 2 trees that potentially could be impacted by the project , as well as extensive restoration to disturbed areas with native plant habitat palettes.

8. The selection of plant materials is appropriate to the project and its environment, and adequate provisions have been made for the long-term maintenance of the plant materials.

As a Goleta Capital Improvement Project, the San Jose Creek Multipurpose Path design drawings and mitigation plans for the project will include the planting of appropriate plant palettes for the environmentally sensitive habitat areas adjoining the path. Maintenance of the path will be included in future City budgets to ensure long term success of the plant installations.

9. All exterior lighting, including for signage, is well designed, appropriate in size and location, and dark-sky compliant.

Drawings for the project will include specifications that limit lighting fixture height, color temperature and will ensure that all fixtures would be dark-sky compliant.

Required signage on the path will be minimal but necessary to facilitate for public safety. Any proposed lighting will comply with Chapter 17.35 of the Goleta Municipal Code as well as the California Vehicle Code.

10. The project architecture will respect the privacy of the neighbors, is considerate of private views, and is protective of solar access of site.

The project will not adversely affect privacy, private views and solar access of other properties given the fact that no structural vertical development is included in the project and the route aligns with public right of way locations, parks, and State Route 217. The northern segment of the project will be constructed over 75 feet from the nearest residential property, and the southern segment will similarly be constructed, offset from residential uses near SR 217.

11. The proposed development is consistent with any additional design standards as expressly adopted by the City Council.

The Project will be consistent with the City’s Architectural and Design Standards as well as pertinent zoning and design standards identified in Chapter 17.58.070 , as applicable to capital projects. The project will also conform to the City’s adopted 20 9
Engineering Design Standards and will comply with the State and City’s WELO Ordinance.

SECTION 6: Actions. The City Council hereby takes the following actions:

A. Adopts the Final Mitigated Negative Declaration attached as Exhibit 1 , incorporated herein by reference, subject to the Mitigation Monitoring and Reporting Program (MMRP) attached as Exhibit 2 , incorporated herein by reference, as required by CEQA § 21081.6 and CEQA Guidelines §15097.

B. Approves the Development Plan, Case No. 22-0007-DP, based on the Findings provided in Sections 4 through 5 above and the General Plan Consistency analysis provided in Exhibit 4, incorporated herein by reference, subject to the Conditions of Approval attached as Exhibit 3 andincorporated herein by reference.

C. Directs the City Manager, or designee, to file a Notice of Determination within five days in accordance with CEQA Guidelines § 15094;.

SECTION 7: Reliance on Record. Each and every one of the actions in this Resolution is based on the competent and substa ntial evidence, both oral and written, contained in the entire record relating to the Project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 8: Limitations. The City Council analysis and evaluation of the project, including this Resolution, are based on the best information currently available. It is inevitable that, in evaluating a project, absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 9: Summaries of Information . All summaries of information in the findings, which precede this section, are bas ed on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 10: This Resolution will remain effective until superseded by a subsequent Resolution.

SECTION 11: This Resolution will become effective immediately upon adoption.

21 10
SECTION 12: The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this __ day of, 2022.

__________________________

PAULA PEROTTE
MAYOR

ATTEST: APPROVED AS TO FORM:

_________________________ __________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI

CITY CLERK ASSISTANT CITY ATTORNEY

22 11

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.

CITY OF GOLETA )

I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, DO HEREBY CERTIFY that the foregoing Resolution No. 22 __ was duly adopted by the City Council of the City of Goleta at a regular meeting held on the __ day of _, 202 2 by the following vote of the City Council :

AYES:

NOES:

ABSENT:

(SEAL)

_________________________
DEBORAH S. LOPEZ

CITY CLERK

23 Attachment 1, Resolution No. 22 _____ , Exhibit 1
San Jose Creek Multipurpose Path Final MND

Page 1 ends

EXHIBIT 1

FINAL MITIGATED NEGATIVE

DECLARATION

SAN JOSE CREEK MULTIPURPOSE PATH
STATE CLEARINGHOUSE NO. 2022070006
Distributed
separately
Available at:
https://www.cityofgoleta.org/home/showpublisheddocument/27300 and available upon request.

24 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
September 20, 2022

EXHIBIT 2

Mitigation Monitoring And Reporting Program
(MMRP)

25 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 1

MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)

The Final Mitigated Negative Declaration (MND) for the San Jose Creek Multipurpose Path (Project) identifies mitigation measures that will be implemented to reduce the environmental impacts associated with the project. The California Environmental Quality Act (CEQA) was amended in 1989 to add Section 21081.6, which requires a public agency to adopt a monitoring and reporting program for assessing and ensuring compliance with any required mitigation measures applied to proposed development. As stated in Section 21081.6 of the Public Resources Code:

... the public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.

Section 21081.6 also provides general guidelines for implementing mitigation monitoring programs and indicates that specific reporting and/or monitoring requirements, to be enforced during Project implementation, shall be defined as part of adopting a mitigated negative declaration.

The mitigation monitoring table that follows lists those mitigation measures that may be included as conditions of approval for the Project. To ensure that the mitigation measures are properly implemented, a monitoring program has been devised which identifies the timing and responsibility for monitoring each measure. The Goleta Department of Public Works will have the responsibility for implementing the measures, and the various City of Goleta departments will have the primary responsibility for monitoring and reporting the implementation of the mitigation measures.

26 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 2
San Jose Creek Multipurpose Path Project
Mitigation Monitoring and Reporting Plan

Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
AES-1. Design
Features During final design, the project
engineer will coordinate with the City
of Goleta Planning Department and
Public Works Department, and
Caltrans for portions within State
ROW, to incorporate the following
features into final design. The City of
Goleta will have final approval of the
project design.
 Safety fencing and rails on the
multipurpose path bridge will
be an open style, as
determined in consultation with
the City of Goleta and Caltrans.
 Replacement roadside rail will
be an open style, as
determined in consultation with
the City of Goleta, County of
Santa Barbara, and Caltrans
when is State ROW.
 All fencing associated with the
multipurpose path bridge
structure and the
During
Final
Design
Project
Engineer
City,
Caltrans
During final
design and
final design
approval.

27 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 3
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
bicycle/pedestrian path will be
visually compatible with the SR
217 bridge rail and roadside
rail, as determined in
consultation with the City of
Goleta, County of Santa
Barbara, and Caltrans. No
standard galvanized chain link
fencing will be used except at
the right -of-way line, as
required.
 At the box culvert, alternative
type security fencing will be
used that does not include
barbed wire.
 The retaining walls and
concrete barriers will include
aesthetic treatment, which can
include but is not limited to low
maintenance n ative shrubs or
surface texturing, so that it
visually recedes and reduces
the potential for graffiti, as
determined in consultation with
the City of Goleta, County of
Santa Barbara, and Caltrans.

28 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 4
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
AES-2. Tree
Replacement
Plan
During final design, the project
engineer will coordinate with a City of
Goleta Planning Department and
Public Works Department approved
landscape architect and a Board
Certified Master Arborist or
Registered Consulting Arborist to
prepare a tree replacement plan , as
part of the Conceptual Habitat
Restoration Plan . The Tree
Replacement Plan will include
species, quantities and locations of
replacement plantings, and planting
specifications for survival of planted
trees. Tree replacement locations will
be prioritized to the project site and
immediate vicinity, as space allows,
followed by off -site replacement in
close proximity to the project site, and
finally off -site but within t he greater
Goleta area. Trees will be replaced at
a 1:1 ratio. Trees identified as riparian
trees will be replaced at a 3:1 ratio.

Specific to the trees in close proximity
to US 101, trees will be replaced as
close to the removal location as space
allows. The final Tree Replacement
Plan, included in the Conceptual
Habitat Restoration Plan, will be
consistent with standards and
During
final
design
Project
Engineer,
Approved
Landscape
Architect
City During final
design and
final design
constructio
n.

29 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 5
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
requirements from the applicable
regulatory agencies.

BIO-1. Monarch
Butterfly
Survey and
Fencing
The City will implement measures to
avoid and minimize impacts on
monarch butterfly. Prior to conduction
work and during the work associated
with the northern segment, the
following measures will be
implemented:
 Before any tree removal in the
Elk Grove monarch
overwintering habitat, a
qualified biologist will survey
for the presence of roosting or
aggregated, overwintering
monarch butterflies.
 A temporary fence will be
installed along the outer
boundary of the buffer zone
prior to and during any grading
and construction activities on
the site.
 If an active roost or
aggregation is present on the
project site, any construction
grading, or other development
within 200 feet of the active
roost, will be prohibited
Prior to
and
during
construc
tion
Qualified
Biologist
City Prior to
and during
the
northern
segment
constructio
n.

30 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 6
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
between October 1 and March

1. BIO-2. Aquatic
Resources and
Habitats
The City will implement measures to
avoid and minimize impacts to
jurisdictional aquatic resources,
tidewater goby critical habitat,
southern California steelhead critical
habitat, and coastal pelagic and
groundfish EFH. Prior to conducting
work and during work, the fol lowing
measures will be implemented:

The contractor will develop and
implement a toxic materials
control and spill response plan
to regulate the use of
hazardous materials, such as
the petroleum -based products
used as fuel and lubricants for
equipment and other
potentially toxic materials
associated with project
construction.

Standard construction BMPs
will be described in full in the
project’s SWPPP or Water
Pollution Control Plan (WPCP).

These BMPs will be
Prior to
and
during
construc
tion
Contractor
and Qualified
Biologist and
Certified
Arborist
City Prior to
constructio
n, during
constructio
n

31 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 7
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
implemented throughout
construction to avoid and
minimize adverse effects to the
water quality within the project
site. Appropriate erosion
control measures will be used
(including, but not limited to,
straw wattles, filter fences,
vegetative buffer strips, or
other accepted equivalents) to
reduce siltat ion and
contaminated runoff from
project sites. All erosion control
materials, including straw
wattles and erosion control
blanket material, used on -site
will be biodegradable. Use of
erosion control containing
plastic monofilament will not be
allowed as w ildlife may
become entrapped in this
material. Wattles should be
wrapped with 100 percent
biodegradable materials like
burlap, jute, or coir.

Measures will be implemented
during ground -disturbing
activities to reduce erosion and
sedimentation. These
measures can include, but are
32 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 8
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
not limited to, mulches, soil
binders/ erosion control
blankets, silt fencing, fiber rolls,
and temporary berms.

Existing vegetation not
designated to be removed, will
be protected, using temporary
fencing or other protection
devices where feasible, to
reduce erosion and
sedimentation.

Exposed soils will be covered
by loose bulk materials or other
materials, such as visqueen, to
reduce erosion and runoff
during rainfall events.

Exposed soils will be
stabilized, through watering or
other measures, to prevent the
movement of dust at the project
site caused by winds and
construction activities such as
traffic and grading activities.

All erosion control measures
and storm water control
measures will be properly
maintained until the site has
33 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 9
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
returned to a pre -construction
state.

Protective fencing will be
constructed around
environmentally sensitive
areas, habitats of special
concern, and natural
communities to protect and
avoid these areas.

All disturbed areas will be
restored to pre -construction
contours and revegetated,
either through hydroseeding or
other means, with native or
approved non -invasive exotic
species.

All construction materials will
be hauled off -site after
completion of construction
activities.

Excavated material will be
stored away from the low -flow
channel to prevent incidental
discharge.

Silty or turbid water produced
from construction activities will
not be discharged into San
Jose Creek until filtered or
34 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 10
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
allowed to settle prior to
discharge.

During construction, the
cleaning and refueling of
equipment and vehicles will
occur only within a designated
staging area. This area will
either be a minimum of 100 feet
from aquatic areas or if the
area is less than 100 feet from
aquatic areas the area must be
surrounded by barri ers or
secondary containment (e.g.,
fiber rolls or equivalent). The
staging areas will conform to
BMPs applicable to attaining
zero discharge of storm water
runoff. At a minimum, all
equipment and vehicles will be
checked and maintained by the
contractor d aily to ensure
proper operation and avoid
potential leaks or spills.

During construction of the
northern segment, instream
work will be limited to the low -
flow period from June 1 and
October 31 in any given year,
when the surface water is likely
35 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 11
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
to be at seasonal minimum and
to avoid adult steelhead
spawning migration and peak
smolt emigration. Deviations
from this work window will only
be made with concurrence
from relevant
regulatory/resource agencies.

No concrete or any cement
product may be poured withi n
150 feet of a stream during the
rainy season, in or near a
flowing stream at any time, or
15 days prior to a 25% chance
or greater chance of greater
than 0.1 inches of rain.

Riparian habitat located in the
vicinity of the project will be
protected by ins talling high -
visibility construction fencing.

Fencing will be installed along
the edge of construction areas
including temporary and
permanent access roads
where construction will occur
within 200 feet of the edge of
riparian habitat (as determined
by a qu alified biologist). The
location of fencing will be
36 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 12
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
marked in the field with stakes
and flagging and shown on the
construction drawings. The
construction specifications will
contain clear language that
prohibits construction -related
activities, vehicle ope ration,
material and equipment
storage, trenching, grading, or
other surface -disturbing
activities outside of the
designated construction area.

Where riparian vegetation
occurs along the edge of the
37 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 13
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
construction easement, the
City will minimize the potential
for long -term loss of riparian
vegetation by trimming
vegetation rather than
removing the entire plant.

Trimming will be conducted per
the direction of a Board
Certified Master Arborist or a
Registered Consulting
Arborist.

Any approved excavation,
demolition, or extraction within
a trees critical root zone (CRZ),
as id entified by a Board
Certified Master Arborist or a
Registered Consulting
Arborist, will be performed with
equipment sitting outside the
CRZ. Required methods within
the CRZ are hand digging or
tunneling or hydraulic or
pneumatic air excavation
technology ("air-spade").

If heavy equipment is approved
by the project arborist to be in
the CRZ, or if haul or access
routes must pass over the root
areas of protected trees, a
38 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 14
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
protective buffer must be
installed consisting of 6-inches
of mulch or 3/4 -inch quarry
gravel or a base course of 3
inches of wood chips layered
with 3 inches of gravel and
overlaid with 3/4 -inch plywood
sheets or metal plates. The
buffer shall be maintained
throughout the construction
process.

A Conceptual Habitat
Restoration Plan, which wil l
include a Tree Replacement
Plan, will be prepared during
final design and included in the
final permit packages prepared
by the City. This plan will
include a formal tree survey
conducted by a Board Certified
Master Arborist or a Registered
Consulting Ar borist. The
Conceptual Habitat
Restoration Plan will include
species, quantities, and
locations of replacement
plantings. This plan will also
include planting specifications
and grading plans to ensure
survival of planted vegetation
39 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 15
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
and reestablishment of
functions and values.

Replacement plantings will be
in kind, utilizing locally
present/native species.

Planting locations will be
prioritized to the project site
and immediate vicinity, as
space allows, followed off -site
replacement in close proximity
to t he project site, and finally
off-site but within the greater
Goleta area. The final
Conceptual Habitat
Restoration Plan will be
consistent with standards and
requirements from the
applicable regulatory agencies.

Impacts to native riparian
habitat (including riparian
trees) and jurisdictional
wetlands within the proposed
project area will be mitigated by
a replacement ratio of 3:1, or at
a similar ratio as appropriate in
consultation with CDFW,
USFWS, NOAA Fisheries. In
addition, the Coastal
Commission will be consulted
for the southern portion of the
40 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 16
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
proposed project within the
coastal zone.

Where avoidance of riparian
and jurisdictional wetland
vegetation is not shown on the
project plans, a revegetation
plan and monitoring plan to
restore native riparian h abitat
in the project vicinity to a self -
sustaining, ecologically
functioning plant community is
required. This action will be
sensitive to the habitat needs
of southern California
steelhead and tidewater goby,
and thus will require input from
the CDFW, USFWS and NOAA
Fisheries. The revegetation
plan will be approved during
the permitting process.

BIO-3. Stream
Channel The City will implement the following
measures related to work in the
stream channel or within 30 feet of the
active channel to avoid and minimize
impacts on tidewater goby and
southern California steelhead:

Utilize non -impact, vibra tory
methods, except where
Prior to
and
during
construc
tion
USFWS-
approved
biologist
City Prior to
constructio
n, during
southern
segment
pile driving
activities,
and
northern

41 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 17
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
identified that pile driving is
required because of
geotechnical constraints within
the southern segment as
identified in the project
description per the
geotechnical evaluations, for
installing piles, steel casings,
or steel sho ring when located
within or near the active
channel and in highly
liquefiable soils.

Any impact pile driving
performed for the construction
of the southern segment, within
30 feet of the active channel,
will be limited to steel pipes no
more than 14 -16 inc hes in
diameter and no more than 500
strikes per day. Underwater
sound pressure will be
monitored during all impact
driving. Pile driving operations
will cease for the day if the
results of underwater sound
pressure monitoring show that
sound levels upstre am and
downstream of the pile driving
area are higher than the peak
threshold of 206 dB or
segment
instream
constructio
n work
June
1stthrough
October
31st
42 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 18
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
cumulative sound exposure
level (SEL) of 187 dB
(measured 32 feet [10 meters]
from the source). If peak or
cumulative SEL are exceeded,
the qualified biologist will have
the authority to halt impact pile
driving and Caltrans will
contact NOAA Fisheries and
USFWS to determine if
additional measures are
necessary.

During construction of the
northern segment, instream
work will be limited to the low -
flow period from June 1 and
October 31 in any given year,
when the surface water is likely
to be at seasonal minimum and
to avoid adult steelhead
spawning migration and peak
smolt emigration. Deviations
from this work window will only
be made with concurrence
from relevant
regulatory/resource agencies.

Instream construction work
related to the northern
segment will only be performed
43 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 19
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
in a dry work environment.

Dewatering and clear water
diversions will be performed
according to Caltrans
Construction Site BMPs
(2017), and upstrea m and
downstream passage of adult
and juvenile fish will be
maintained at all times,
according to current NOAA
Fisheries guidelines and
criteria (NOAA Fisheries
2001).

During instream work, if pumps
are incorporated to assist in
temporarily dewatering the
site, intakes will be completely
screened with no larger than
3/32-inch (2.38 mm) wire mesh
to prevent steelhead and other
sensitive aquatic species from
entering the p ump system.

Pumped water will be directed
through a silt filtration bag
and/or into a settling basin
allowing the suspended
sediment to settle out prior to
re-entering the stream(s)
outside of the isolated area.

The form and function of all
44 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 20
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
pumps used duri ng the
dewatering activities will be
checked weekly, at a minimum,
by a qualified biological
monitor to ensure a dry work
environment and minimize
adverse effects to aquatic
species and habitats.

A USFWS -approved biologist
will capture and relocate any
fish present in the work area
during construction (including
steelhead and tidewater goby),
and will:
o Prepare a fish handling
and relocation plan.
o Conduct, monitor, and
supervise all fish
capture, handling,
exclusion, and
relocation activities
(ensure that su fficient
personnel are available
to safely and efficiently
collect protected
species and that
personnel have been
properly trained to
identify and safely
45 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 21
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
capture and handle
protected species).
o Ensure that the
“bagged” portion of
seines and nets will
remain in the water until
fish are removed or
transferred to a shallow
container(s) of clean
water taken from the
survey site and placed
in a location that will not
result in exposure to
extreme temperatures.
o Release captured fish
as soon as possible to a
suitable nearby location
within the same
watershed, at the
discretion of the
USFWS-approved
biologist.
o Continuously monitor in-
water activities (e.g.,
placement of
cofferdams, dewatering
of isolated areas) for the
purpose of removing
and relocating any
46 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 22
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
protected species that
were not detected or
could not be removed
and relocated prior to
construction.
o Initiate salvage activities
within temporarily
drained waterbodies
within a time frame
necessary to avoid
injury and mortality of
protected species.
o Complete captu re,
handling, exclusion, and
relocation activities no
earlier than 24 hours
before construction
begins to minimize the
probability that listed
species will recolonize
the affected areas.

BIO-4. CRLF The City will implement measures to
avoid and minimize impacts on CRLF.

Prior to conducting work and during
work, the following measures will be
implemented:
 Only USFWS -approved
biologists will participate in
Prior to
and
during
construc
tion
USFWS-
approved
biologists
City Northern
segment
survey no
more than
48 hours
before start
of

47 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 23
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
activities associated with the
capture, handling, and
monitoring of California red -
legged frogs. Biologists
authorized under the project’s
biological opinion do not need
to re-submit their qualifications
for subsequent projects
conducted pursuant to this
biological opinion, unless
USFWS has revoked their
approval at any time during the
life of the biological opinion.
 Ground disturbance will not
begin until written approval is
received from USFWS that the
biologist is qualified to conduct
the work, unless the
individual(s) has/have been
approved previously and the
USFWS has not revoked that
approval.
 A USFWS -approved biologist
will survey the north ern
segment project site no more
than 48 hours before the onset
of work activities. If any life
stage of the California red -
legged frog is found and these
constructio
n.

Training
session
conducted
prior to the
start of
constructio
n activities
for the
northern
segment.

No
herbicides
will be
applied
within 24
hours of
forecasted
rain or
when wind
speeds are
in excess
of 3 miles
per hour.
48 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 24
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
individuals are likely to be killed
or injured by work activities, the
approved biologist will be
allowed sufficient time to move
them from the site before work
begins. The USFWS-approved
biologist will relocate the
California red-legged frogs the
shortest distance possible to a
location that contains suitable
habitat and that will not be
affected by acti vities
associated with the proposed
project. The relocation site will
be in the same drainage to the
extent practicable. The City of
Goleta will coordinate with the
USFWS on the relocation site
prior to the capture of any
California red-legged frogs.
 Before any activities begin on
the northern segment of the
project, a USFWS -approved
biologist will conduct a training
session for all construction
personnel. At a minimum, the
training will include a
description of the California
red-legged frog and its habitat,
the specific measures that are
49 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 25
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
being implemented to
conserve the California red -
legged frog for the northern
segment, and the boundaries
within which the project may be
accomplished. Brochures,
books, and briefings may be
used in the training session,
provided that a qualified
person is on hand to answer
any questions.
 A USFWS -approved biologist
will be present at the work site
until all California red - legged
frogs have been relocated out
of harm's way, workers have
been instructed, and
disturbance of h abitat has
been completed. After this
time, the State or local
sponsoring agency will
designate a person to monitor
on-site compliance with all
minimization measures. The
USFWS-approved biologist will
ensure that this monitor
receives the training outlined in
measure 4 above and in the
identification of California red -
legged frogs. If the monitor or
50 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 26
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
the USFWS-approved biologist
recommends that work be
stopped because California
red-legged frogs would be
affected in a manner not
anticipated by City of Goleta
and the USFWS during review
of the northern segment, they
will notify the resident engineer
(the engineer that is directly
overseeing and in command of
construction activities)
immediately. The resident
engineer will either resolve the
situation by elimin ating the
adverse effect immediately or
require that all actions causing
these effects be halted. If work
is stopped, the USFWS will be
notified as soon as possible.
 During construction activities,
all trash that may attract
predators will be properly
contained, removed from the
work site, and disposed of
regularly. Following
construction, all trash and
construction debris will be
removed from work areas.
51 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 27
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
 All refueling, maintenance, and
staging of equipment and
vehicles will occur at least 60
feet from ripa rian habitat or
water bodies and in a location
from where a spill would not
drain directly toward aquatic
habitat (e.g., on a slope that
drains away from the water).

The monitor will ensure
contamination of habitat does
not occur during such
operations. Prior to the onset of
work, the City of Goleta will
ensure that a plan is in place
for prompt and effective
response to any accidental
spills. All workers will be
informed of the importance of
preventing spills and of the
appropriate measures to take
should a spill occur.
 Habitat contours will be
returned to their original
configuration at the end of
project activities. This measure
will be implemented in all areas
disturbed by activities
associated with the northern
segment of the project, unless
52 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 28
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
the USFWS a nd the City of
Goleta determine that it is not
feasible, or modification of
original contours would benefit
the California red-legged frog.
 The number of access routes,
size of staging areas, and the
total area of the activity will be
limited to the minimu m
necessary to achieve the
project’s northern segment
goals. Environmentally
Sensitive Areas will be
delineated to confine access
routes and construction areas
to the minimum area
necessary to complete
construction and minimize the
impact to California red-legged
frog habitat; this goal includes
locating access routes and
construction areas outside of
wetlands and riparian areas to
the maximum extent
practicable.
 The City of Goleta will attempt
to schedule work activities for
times of the year when impacts
to the California red -legged
53 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 29
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
frog would be minimal. For
example, work that would
affect large pools that may
support breeding would be
avoided, to the maximum
degree practicable, during the
breeding season (November
through May). Isolated pools
that are im portant to maintain
California red -legged frogs
through the driest portions of
the year would be avoided, to
the maximum degree
practicable, during the late
summer and early fall. Habitat
assessments, surveys, and
coordination between the City
of Goleta an d the USFWS
during the planning of the
project’s northern segment will
be used to assist in scheduling
work activities to avoid
sensitive habitats during key
times of the year.
 To control sedimentation
during and after
implementation of the project’s
northern segment, the City of
Goleta, and the sponsoring
agency will implement best
54 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 30
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
management practices
outlined in any authorizations
or permits issued under the
authorities of the Clean Water
Act that it receives for the
specific project. If best
management practices are
ineffective, the City of Goleta
will attempt to remedy the
situation immediately, in
coordination with the USFWS.
 If a work site is to be
temporarily dewatered by
pumping, intakes will be
completely screened with wire
mesh not larger than 0.2 inch to
prevent California red -legged
frogs from entering the pump
system. Water will be released
or pumped downstream at an
appropriate rate to maintain
downstream flows durin g
construction. Upon completion
of construction activities, any
diversions or barriers to flow
will be removed in a manner
that would allow flow to resume
with the least disturbance to
the substrate. Alteration of the
stream bed will be minimized to
55 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 31
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
the ma ximum extent possible;
any imported material will be
removed from the stream bed
upon completion of the
northern segment.
 Unless approved by the
USFWS, water will not be
impounded in a manner that
may attract California red -
legged frogs.
 A USFWS -approved b iologist
will permanently remove any
individuals of non -native
species, such as bullfrogs
(Rana catesbeiana), signal and
red swamp crayfish
(Pacifasticus leniusculus;
Procambarus clarkii ), and
centrarchid fishes from the
northern segment area. The
USFWS-approved biologist will
be responsible for ensuring his
or her activities are in
compliance with the California
Fish and Game Code.
 If the City of Goleta
demonstrates that disturbed
areas have been restored to
conditions that allow them to
56 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 32
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
function as habitat for the
California red -legged frog,
these areas will not be included
in the amount of total habitat
permanently disturbed.
 To ensure that diseases are
not conveyed between work
sites by the USFWS -approved
biologist, the fieldwork code of
practice developed by the
Declining Amphibian
Populations Task Force will be
followed at all times.
 The northern segment will be
re-vegetated with an
assemblage of native riparian,
wetland, and upland vegetation
suitable for the area. Locally
collected plant materials will be
used to the extent practicable.

Invasive, exotic plants will be
controlled to the maximum
extent practicable. This
measure will be implemented
in all areas disturbed by
activities associated with the
project, unless the USFWS
and the City of Goleta
57 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 33
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
determine that it is not feasible
or practical.
 The City of Goleta will not use
herbicides as the primary
method to control invasive,
exotic plants. However, if it is
determined that the use of
herbicides is the only feasible
method for controlling invasive
plants at a specific site; it will
implement the following
additional protective measures
for the California red -legged
frog:
o The City of Goleta will
not use herbicides
during the breed ing
season for the California
red-legged frog;
o The City of Goleta will
conduct surveys for the
California red -legged
frog immediately prior to
the start of herbicide
use. If found, California
red-legged frogs will be
relocated to suitable
habitat far enoug h from
the Proposed Action
58 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 34
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
area that no direct
contact with herbicide
would occur;
o Giant reed and other
invasive plants will be
cut and hauled out by
hand and painted with
glyphosate-based
products, such as
Aquamaster® or
Rodeo®.
o Licensed and
experienced C ity of
Goleta staff, or a
licensed and
experienced contractor
will use a hand -held
sprayer for foliar
application of
Aquamaster® or
Rodeo® where large
monoculture stands
occur at an individual
Proposed Action site;
o All precautions will be
taken to ensure t hat no
herbicide is applied to
native vegetation;
59 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 35
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
o Herbicides will not be
applied on or near open
water surfaces (no
closer than 60 feet from
open water);
o Foliar applications of
herbicide will not occur
when wind speeds are
in excess of 3 miles per
hour;
o No herbicides will be
applied within 24 hours
of forecasted rain;
o Application of all
herbicides will be done
by qualified City of
Goleta staff or
contractors to ensure
that overspray is
minimized, that all
applications is made in
accordance with the
label recommendations,
and with implementation
of all required and
reasonable safety
measures. A safe dye
will be added to the
mixture to visually
60 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 36
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
denote treated sites.

Application of
herbicides will be
consistent with the U.S
Environmental
Protection Agency’s
Office of Pesticide
Programs, Endangered
Species Protection
Program county
bulletins;
o All herbicides, fuels,
lubricants, and
equipment will be
stored, poured, or
refilled at least 60 feet
from riparian habitat or
water bodies in a
location where a spill
would not drain directly
toward aquatic habitat,
unless otherwise
preapproved by the
necessary agencies.

Prior to the onset of
work, the City of Goleta
will ensure that a plan is
in place for a prompt
and effective response
to accidental spills. All
61 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 37
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
workers will be informed
of the importance of
preventing spills and of
the appropriate
measures to take
should a spill occur.

BIO-5. Coast
Range newt,
northern
California
legless lizard,
western pond
turtle, and
coast horned
lizard
The City will implement measures to
avoid and minimize impacts on Coast
Range newt, northern California
legless lizard, western pond turtle,
and coast horned lizard. Prior to
conducting work and during work, the
following measures will be
implemented:

Within 48 hours prior to the
start of construction activities,
a qualified biologist will
conduct a pre -construction
survey of the proposed project
site for Coast Range newt,
northern California legless
lizard, western pond turtle, and
coast horned lizard. Individuals
of these species present in the
work area will be allowed to
move out of the work area of
their own volition. If relocation
by humans occurs, the animal
will be captured by a qualified
Prior to
construc
tion
Qualified
biologist
City Survey
must be
conducted
within 48
hours prior
to the start
of
constructio
n activities.

WEAP
training
prior to the
start of
constructio
n activities.

62 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 38
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
biologist and relocated out of
harm’s way to the nearest
suitable habitat a minimum of
100 feet from the maintenance
project work area where it was
found.

A Worker Environmental
Awareness Training Program
for construction personnel will
be conducted by a qualified
biologist for all construction
workers, including contractors,
prior to the commencement of
construction activities. As
needed, training will be
conducted in Spanish for
Spanish language speakers.

BIO-6.

Southwestern
willow
flycatcher and
least Bell’s
vireo
The City will implement measures to
avoid and minimize impacts on
southwestern willow flycatcher and
least Bell’s vireo:

Riparian habitat located in the
vicinity of the Proposed Action
will be protected by installing
high-visibility construction
fencing. Fencing will be
installed along the edge of
construction areas including
Prior to
and
during
construc
tion
Qualified
biologist
City Prior to
and during
constructio
n

63 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 39
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
temporary and permanent
access roads where
construction will occur within
200 feet of the edge of riparian
habitat (as determined by a
qualified biologist). The
location of fencing will be
marked in the field with stakes
and flagging and shown on the
construction drawings. The
construction specifications will
contain clear language that
prohibits construction -related
activities, vehicle operation,
material and equipment
storage, trenching, grading, or
other surface -disturbing
activities outside of the
designated construction area.

Signs will be erected along the
protective fencing at a
maximum spacing of one sign
per 50 feet of fencing. The
signs will state: “This area is
environmentally sensitive; no
construction or other
operations may occur beyond
this fencing. Violators may be
subject to prosecution, f ines,
and imprisonment.” The signs
64 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 40
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
will be clearly readable at a
distance of 20 feet and will be
maintained for the duration of
construction activities in the
area.

Where riparian vegetation
occurs along the edge of the
construction easement, the
City will minimize the potential
for long -term loss of riparian
vegetation by trimming
vegetation rather than
removing the entire plant.

Trimming will be conducted per
the direction of a biologist
and/or Certified Arborist.

For temporarily impacted
areas, a reveget ation and
monitoring plan to restore
native riparian habitat in the
Proposed Action vicinity to a
self-sustaining, ecologically
functioning plant community is
required. This action will be
sensitive to the habitat needs
of southwestern willow
flycatcher and least Bell’s vireo
as well as for tidewater goby,
southern California steelhead,
65 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 41
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
and CRLF and thus will require
input from the CDFW, USFWS
and NOAA Fisheries. The
revegetation plan will be
approved during the permitting
process.

Conduct all vegetation removal
and grading activities during
the non -breeding season
(September 1 through January
31).

If construction, grading or other
related activities are schedule
during the breeding and
nesting season (February 1 to
August 31), preconstruction
surveys for other migratory bird
species shall take place no less
than 3 days prior to the
beginning of construction and
at least twice a week while
construction takes place within
suitable nesting habitat during
the breeding and nesting
season (February 1 to August
31).

If the pre -construction
surveys do identify nesting
bird species within areas that
66 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 42
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
are within 250 feet of
construction activities, the
following measures shall be
implemented:

Construction impacts will be
avoided by establishment of
appropriate no -work buffers
to limit construction activities
near the nest site. The size of
the no-work buffer zone shall
be determined in
consultation with the CDFW.

The no -work buffer zone
shall be delineated by highly
visible temporary
construction fencing. In
consultation with CDFW,
monitoring of nest activity by
a qualified biologist shall be
required if the northern
segment-related
construction activity has
potential to adversely affect
the nest or nesting behavior
of the bird. No construction
activity shall commence
within the no -work buffer
area until a qualified biologist
67 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 43
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
and CDFW confirms that the
nest is no longer active.

BIO-7. Tree and
shrub nesting
species,
Belding’s
savannah
sparrow, and
other migratory
birds and
raptors
The City will implement measures to
avoid and minimize impacts on
grasshopper sparrow, white -tailed
kite, Belding’s savannah sparrow, and
other migratory birds and raptors.

Prior to conducting work an d during
work, the following measures will be
implemented:

To avoid and minimize impacts
to tree and shrub nesting
species, the following
measures will be implemented:
o Conduct all vegetation
removal and grading
activities during the non -
breeding season (generally
September 1 through
January 31).
o If construction, grading or
other project -related
activities are schedule
during the breeding and
nesting season (February 1
to August 31),
preconstruction surveys for
other migratory bird species
Prior to
and
during
construc
tion
Qualified
biologist
City Vegetation
removal
and
grading
activities
between
September
1 through
January

31. If
vegetation
removal is
between
February 1
and August
31 see
performanc
e criteria.

Belding’s
savannah
sparrow
surveys: 5
site visits
between
mid-
February
and April,
If
construction
activities
occur
between
February 1 to
August 31,
preconstructi
on surveys
for other
migratory bird
species will
take place no
less than 3
days prior to
the beginning
of
construction
and at least
twice a week
while
construction
takes place
within
suitable
nesting
habitat during
the breeding
68 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 44
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
will take place n o less than
3 days prior to the
beginning of construction
and at least twice a week
while construction takes
place within suitable
nesting habitat during the
breeding and nesting
season (February 1 to
August 31).
 If the pre -
construction surveys
do identify nesting
bird species within
areas that are within
250 feet of
construction
activities, the
following measures
will be implemented:
 Project-
related
construction
impacts will
be avoided by
establishment
of appropriate
no-work
buffers to limit
between
6:00 am
and 10:00
am.

and nesting
season
(February 1
to August
31).

If Belding’s
savannah
sparrow is
identified,
contact
Caltrans and
CDFW within
48 hours.
69 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 45
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
project-
related
construction
activities near
the nest site.

The size of
the no -work
buffer zone
will be
determined in
consultation
with the
CDFW. The
no-work
buffer zone
will be
delineated by
highly visible
temporary
construction
fencing. In
consultation
with CDFW,
monitoring of
nest activity
by a qualified
biologist will
be required if
the project -
related
70 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 46
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
construction
activity has
potential to
adversely
affect the nest
or nesting
behavior of
the bird. No
project-
related
construction
activity will
commence
within the no -
work buffer
area until a
qualified
biologist and
CDFW
confirms that
the nest is no
longer active.

The following survey methods
are recommended by CDFW
for Belding’s savannah
sparrow:
o Five site visits, if negative ,
should be conducted
between mid-February and
71 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 47
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
the end of April. If survey is
conducted early or late in
the season, site visits
should be spread out.

Otherwise, visits can be on
consecutive days.
o Surveys should be
conducted between 6:00
am and 10:00 am on days
that are brisk but sunny.
o A tape may not be used
unless the surveyor has a
Memorandum of
Understanding issued by
CDFW for such purpose.
o Surveys should not
interfere with any other bird
nesting activity.
o Surveys should extend
outside the project area for
standard distance
depending on the type of
work and ambient noise
conditions.
o All territorial individuals will
be noted, as well as
behavior (singing, scolding,
perching together, nest
72 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 48
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
building, feeding young,
aerial chasing).

If an active Belding’s savannah
sparrow nest is observed
within 250 feet of the
construction limits, all project
activities will immediately
cease, and Caltrans will
contact CDFW within 48 hours.

If required, Caltrans will seek
an Incidental Take Permit (ITP)
from CDFW under CFGC
Section 2018 (b) and
implement additional
measures as necessary.

BIO-8. Bat
Survey The City will implement measures to
avoid and minimize impacts on pallid
bat and western mastiff bat. Prior to
conducting work and during work, the
following measures will be
implemented:

A pre-construction bat survey
will be conducted by a qualified
biologist/bat specialist in
suitable habitat prior to April
1st. In the event that
exclusionary measures are
required prior to the active
Prior to
and
during
construc
tion
Qualified
biologist
City Survey
prior to
April 1st.

Exclusionary
efforts will be
put in place if
bats are
present.

No
exclusionary
efforts should
be conducted
during May
1st to August
31st.

73 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 49
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
season of this species, no
exclusionary efforts will be
conducted during May 1st to
August 31st of the construction
year. If no roosting bats are
found, no further mitigation will
be necessary.

If bats are detec ted within
roosts at the time of the pre-
construction survey,
exclusionary measures will be
implemented by a qualified
biologist/bat specialist to
exclude bats from roosts if the
roost location is determined to
potentially be impacted by
construction activ ities. The
timing and other methods of
exclusionary measures will be
developed by the qualified
biologist in order to reduce
stress on the bats while taking
into account project schedule
from the project as well as
project schedules for project
immediately adjacent to the
project site. Exclusionary
devices, such as one -way
doors or tubes, as approved by
CDFW, can be used to allow
74 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 50
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
for bats to exit but not re -enter
any occupied roosts.

Expanding foam and plywood
sheets can be used to prevent
bats from enterin g unoccupied
roosts. Exclusionary devices
may be installed only after it
has been determined that all
bats have vacated the
structure.

BIO-9. San
Diego desert
woodrat
middens
The City will implement measures to
avoid and minimize impacts on San
Diego desert woodrat. Prior to
conducting work and during work, the
following measures will be
implemented:

No more than 14 days prior to
construction activities, a pre -
construction survey will be
conducted within the BSA by a
qualified biologist to determine
the presence or absence of
woodrat middens.

If woodrat middens are located
during this survey, the qualified
biologist will establish an ESA
with a 25-ft buffer around each
midden and no project
Prior to
and
during
construc
tion
Qualified
biologist
City Survey no
more than
14 days
prior to
constructio
n activities.

If woodrat
middens are
present, a 25
ft buffer will
be will be put
in place for
any grading,
mechanized
equipment or
vehicles, or
large crews.

Middens will
be
dismantled by
a qualified
biologist and
moved to the
closest
undisturbed
75 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 51
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
activities requiring grading,
mechanized equipment or
vehicles, or large crews will be
allowed within the 25 -foot
protective buffer.

If project activities cannot avoid
impacting the middens, then a
qualified biologist will
dismantle the middens by hand
prior to grading or vegetation
removal activities. The midden
dismantling will be conducted
such that the midden material
is slowly removed looking for
young woodrats. The material
will be placed in a pile at the
closest adjacent undisturbed
habitat and more than 50 feet
from construction activities.

If young are encountered
during midden dismantling, the
dismantling activity will be
stopped and the material
replaced back on the nest and
the nest will be left alone and
rechecked in 2 to 3 weeks to
see if the young are out of the
nest or capable of being out on
their own (as determined by a
habitat at
least 50 ft
away if
construction
activities
cannot avoid
impacting
middens.

If young are
present in
middens,
dismantling
will stop for 2
to 3 weeks or
until the
young can
fend for
themselves.
76 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 52
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
qualified biologist); once the
young can fend for themselves,
the nest dismantling can
continue.

GEO-1.

Paleontological
Resources
If paleontological resources are
discovered during earth -moving
activities, the construction crew
will immediately cease work in the
vicinity of the find and will notify the
City planning department. The
project contractor or City will retain
a qualified p aleontologist to
evaluate the resource and prepare
a proposed mitigation plan in
accordance with the most recent
Society of Vertebrate
Paleontology guidelines. The
mitigation plan will include, but is
not limited to, a field survey,
construction monitoring, sampling
and data recovery procedures,
museum storage coordination for
any specimen recovered, and a
report of findings, depending on
the resources identified during
construction. Recommendations
determined by the qualified
paleontologist and the City, based
on the resources identified, will be
During
construc
tion
Qualified
paleontologist
City During
constructio
n
If
paleontologic
al resources
are
discovered
during earth-
moving
activities.
77 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 53
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
implemented before construction
activities can resume at the site
where the paleontological
resources were discovered.

HAZ-1.

Conducting
Asbestos
Containing
Materials
Survey
A California -licensed abatement
contractor will conduct a survey for
lead containing materials prior to
demolition (including concrete
elements) and contractor will submit a
National Emission Standard for
Hazardous Air Pollutants (NESHAP)
notification. Per Section 14-9.02 of the
asbestos NESHAP regulation, all
“demolition activity” requires written
notification even if there is no
asbestos present. Th is notification
should be typewritten and postmarked
or delivered no later than ten days
prior to the beginning of the asbestos
demolition or removal activity.

If lead containing materials are
found, the following will be
required:
 Building materials associated
with paint on structures, and
paint on utilities should be
abated by a California-licensed
abatement contractor and
Prior to
and
during
construc
tion
California-
licensed
abatement
contractor
City NESHAP
notification
postmarke
d or
delivered
ten days
prior to the
beginning
of the
asbestos
demolition
or removal
activity.

78 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 54
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
disposed of as a hazardous
waste in compliance with SSP
14-11.13 and other federal and
state regulations for hazardous
waste.
 A Lead Compliance Plan
should be prepared by the
contractor for the disposal of
lead-based paint. The
grindings (which consist of the
roadway material and the
yellow and white color traffic
stripes) will be removed and
disposed of in accordance with
Standard Special Provision 36-
4 (Residue Containing High
Lead Concentration Paints). In
addition, the Lead Compliance
Plan will also contain the
following provision to address
aerially-deposited lead: SSP 7-

1.02K (6)(j)(iii) – Earth Material
Containing Lead.
 A California -licensed lead
contractor should be required
to perform all work that will
disturb any lead-based paint as
a result of planned or
unplanned renovations in the
79 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 55
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
project area, including the
presence of yellow traffic
striping and pav ement
markings that may contain
lead-based paint. All such
material must be removed and
disposed of as a hazardous
material in compliance with
SSP 14-11.12.

HAZ-2. Aerially
deposited lead The following actions are
recommended for handling and
disposal of soils that contain an
elevated level of ADL during the pre-
construction/pre-demolition phase:
 A California -licensed
abatement contractor will
sample and test a
representative sample of soils
at the project site for hazardous
levels of aerially deposited
lead. Representative samples
of exposed shallow soils will be
collected at multiple locations
along the project site and
analyzed for total lead and
extractable lead
concentrations.

Prior to
construc
tion
California-
licensed
abatement
contractor
City Prior to
constructio
n

80 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 56
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
 If hazardous levels of aerially
deposited lead are found in the
soils at the project site, the
following will be required:
o Removal, disposal,
storage and
transportation of
materials contaminated
with hazardous levels of
aerially-deposited lead
will be performed in
compliance with all
applicable federal,
state, and local laws,
including but not limited
to requirements of State
Water Resources
Control Board and
California Regional
Water Quality Control
Board water quality
control plans and waste
discharge permits,
Coastal Zone Permit
requirements for ADL -
contaminated soil, DFW
permit requirements for
ADL-contaminated soil,
and all requirements of
the applicable Air
81 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 57
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
Quality Management
District and/or the Air
Pollution Control
District.
o Removal, disposal,
storage, and
transportation of
materials contaminated
with hazardous levels of
aerially-deposited lead
shall be performed in
compliance with the Soil
Management
Agreement for Aerially -
deposited Lead -
Contaminated Soils
between Caltrans and
the Department of Toxic
Substance Control, if
the project site is within
the state right-of-way or
Caltrans is acting as
direct oversight for the
project.

HYD-1.

Construction
erosion and
runoff testing
All dewatering effluents will be
required to be tested for trace
pollutants by an U.S. EPA certified
laboratory prior to discharge into
the receiving waters, per the
Prior to
construc
tion
U.S. EPA
certified
laboratory
City Prior to any
constructio
n runoff
discharge
into

82 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 58
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria
General Water Discharge
Requirements/NPDES Permit for
Dewatering and Other Low Threat
Discharges to Surface Waters
(Order No. R5 -2016-0076,
NPDES No. CAG995002). Effluent
samples will be tested for total
suspended solids (TSS), total
nitrogen, oil and grease, total
petroleum hydrocarbons, and
sulfides. Discharge effluent will be
required to be visibly clear and
sediment control BMPs will be
implemented.
receiving
waters
NOI-1.

Equipment
Noise Control
No adverse noise impacts from
construction are anticipated because
construction will be conducted in
accordance with Caltrans Standard
Specifications Section 14 -8.02, 42 -

1.02. Construction operations will be
during daylight hours only (Monday to
Friday, 8:00 AM to 5:00 PM) for all
construction activities that have the
potential to affect sensitive receptors.

The following control measures will be
implemented in order to minimize
noise and vibration disturbances
during periods of construction:

During
construc
tion
Construction
contractor
Contractor During
constructio
n (Monday
to Friday,
8:00 AM to
5:00 PM)

83 Attachment 1, Resolution No. 22____, Exhibit 2
San Jose Creek Multipurpose Path MMRP
P a g e | 59
Mitigation
Measure
Environmental Protection
Measures
Timing Implementing
Party
Monitoring
Party
Frequency
and
Duration
Performance
Criteria

1. Use newer equipment with
improved muffling a nd ensure
that all equipment items have
the manufacturers’
recommended noise
abatement measures, such as
mufflers, engine enclosures,
and engine vibration isolators
intact and operational. All
construction equipment will be
inspected at periodic intervals
to ensure proper maintenance
and presence of noise control
devices (e.g., mufflers and
shrouding).

2. Utilize construction methods or
equipment providing the lowest
level of noise and ground
vibration impact available,
such as alternative low noise
pile installation methods.

3. Turn off idling equipment.

84 Attachment 1, Resolution No. 22____, Exhibit 3
San Jose Creek Multipurpose Path Conditions of Approval and Development Plan September 20, 2022

EXHIBIT 3

Conditions of Approval and Development Plan

85 1
ATTACHMENT 1 EXHIBIT 3

CONDITIONS OF APPROVAL

DEVELOPMENT PLAN

FOR THE SAN JOSE CREEK MULTIPURPOSE PATH, LOCATED IN PUBLIC RIGHT OF WAY AND MULTIPLE ASSESSOR PARCEL NUMBERS (071-035- CA, APN 071-090-048, APN 071-090-047, APN 071-090-074, APN 071-090- 083, APN 071-010-010, APN 071-090-082, APN 069-160-013, APN 071-200- 011, AND APN 071-140-055) ALONG SAN JOSE CREEK FROM CALLE REAL

TO THE ATASCADERO BIKE PATH (CITY CAPITAL IMPROVEMENT
PROJECT 9006); CASE NO. 22-0007-DP

In addition to all applicable provisions of the Title 17 of the Goleta Municipal Code (“GMC”), the City of Goleta ( “Applicant” or “Permittee”) agrees to the following conditions for the City’s approval of Case No . 22-0007-DP (hereinafter interchangeably referred to as “Project Conditions” or “Conditions of Approval”).

Unless the contrary is stated or clearly appears from the context, the construction of words and phrases used in these Project Conditions use the definitions set forth in the GMC.

AUTHORIZATION

1. This Development Plan, Case No. 22-0007-DP authorizes implementation of plans dated 2019-2022 stamped “APPROVED”, date d September 20, 2022 , and attached hereto, subject to the Conditions of Approval set forth below, including specified plan sheets and agreements included by reference, as well as all applicable City rules and regulations. The project is approved as stated below.

Development Plan Case 22-0007-DP for the San Jose Creek Multipurpose Path located in public right of way and multiple Assessor Parcel Numbers from Calle Real to the Atascadero Bike Path. (City Capital Improvement Project 9006). The proposed project consists of two separate segments of the proposed project would provide a continuous path from Calle Real to the Atascadero Creek Bikeway. The two segments of the proposed project are as follows:

Northern Segment: This inland portion of the project extends from Calle Real under U.S. 101 and Union Pacific Railroad (UPRR) rights of way to Armitos Avenue. Here it would join the Class I facility near Armitos Park (to be constr ucted at the end of 2022/early 2023) and continue along the existing path at Jonny D. Wallis Park. This segment would be a paved multipurpose path approximately 2,400 feet in length ranging from 8 to 10 feet wide with shoulders ranging shoulders ranging f rom 0 to 2 feet wide. Retaining walls will be located along sections of the path alignment and would range from 4 feet to 12 feet in height.

The segment would be on the west side of San Jose Creek, within the floodplain but outside of the active channel. It is anticipated that approximately 680 feet of the proposed project’s northern segment would be constructed within the existing San Jose Creek bank, which 86 Exhibit 3 to City Council Resolution No. 22-____
San Jose Creek Multipurpose Path Conditions of Approval Case No 22-0007-DP
September 20, 2022

2 would occur where the proposed project crosses under the UPRR, US 101, and Calle Real bridges.

Southern Segment : This portion of the project would be approximately 1 mile in length, ranging from 8 to 10 feet wide, with shoulders ranging from no shoulder to 2 feet wide. A 2- foot wide, 3.5 -foot high standard concrete barrier with a bicycle/pedestria n rail would separate the multipurpose path from SR 217. The multipurpose path would raise in elevation for the proposed 12 ft. wide bicycle/pedestrian bridge that would span over San Jose Creek, and then transition to the SR 217 shoulder. The Path will re main at grade with SR 217 for approximately 3,200 feet, at which point the path will transition drop below the SR 217 grade for 1,066 feet as the path transitions to the box culvert crossing under SR 217. Approximately 1,500 feet of the southern most porti on of this segment is outside of City limits and located within Santa Barbara County jurisdiction.

2. The Applicant/Permittee is responsible for complying with all of the Conditions of Approval contained in this Development Plan.

3. When exhibits and/or written Project Conditions are in conflict, the written Project Conditions shall prevail. The exhibits associated with this permit include the plans dated 2019-2022 provided as Exhibit 5 to Attachment 1, marked “APPROVED September 20, 2022”, which are all incorporated by reference as if fully set forth.

4. The City will only issue permits for development, including local zoning clearance following issuance of the Coastal Development Permit by the Coastal Commission, when the construction documents (e.g., grading plans, building plans, etc.) are in substantial compliance with approved plans.

5. The effectiveness of this Development Plan will be suspended for the time period that any Project Condition is part of a legal action filed in a court of competent jurisdiction. If any Project Condition is invalidated by a court of law, the Project must be reviewed by the City and substitute conditions may be imposed to validate this Development Plan.

6. 7. If any Project Condition is invalidated by a court of competent jurisdiction, the Project must be reviewed by the City and substitute conditions may be imposed to validate the Development Plan.

PRIOR TO PROJECT BIDDING FOR CONSTRUCTION:

7. Architectural Review. Prior to the preparation of project bidding documents, the Applicant/Permittee m ay seek Design Review Board (DRB) advisory input of the project plans and landscaping.

87 Exhibit 3 to City Council Resolution No. 22-____
San Jose Creek Multipurpose Path Conditions of Approval Case No 22-0007-DP
September 20, 2022

3 8. The Applicant/Permittee shall obtain from the City’s P lanning and Environmental Review Director a Zoning Clearance prior to commencement of any uses and/or development authorized by this permit.

9. These Conditions of Approval shall be printed in their entirety on all plans submitted for issuance of any Zoning Clearance or Grading Permit for the project.

10. Construction Timing. Construction activity and equipment maintenance is limited to the hours between 8AM and 5PM Monday through Friday. Exceptions to these may be made for onsite work for good cause at the sole discretion of the Planning and Environmental Review Director. Exceptions to these restrictions for work in the City Right-of-Way may be made for good cause at the sole discretion of the Public Works Director or designee. Any subsequent amendment to the General Plan noise standard upon which these construction hours are based shall supersede the hours stated herein. No construction can occur on State holidays (e.g., Thanksgiving, Labor Day). The Planning and Environmental Review Director must monitor compliance with restrictions on construction hours and must promptly investigate and respond to all complaints.

ENVIRONMENTAL MITIGATIONS/CONDITIONS

The Applicant/Permittee must comply with all mitigation measures identified in the Final MND prepared for the project, Exhibit 2 to Resolution No. 22-__. A Mitigation Monitoring and Reporting Program (MMRP) was prepared as part of t he environmental review of the project and is attached as Exhibit 2 to Resolution No. 22-__. The mitigation measures of the MMRP are incorporated into these conditions of approval by reference. All mitigation measures and conditions of appr oval must be lis ted on the plans and specifications for project construction and bidding purposes.

CITY DEPARTMENT CONDITIONS – Planning and Environmental Review Department

The following standards/requirements are general/on -going and must be complied with by the Permittee and/or successors in interest:

11.The Permittee is responsible for informing all sub -contractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with these conditions including, without limitation, Title 17 of the GMC. This includes the requirements that a business license be obtained to perform work within the City as well as the City’s construction hour limitations.

12. Before the start of any work on-site, the Permittee must conduct a pre-construction meeting that includes the Permittee, project superintendent, architect, subcontractors, as well as the 88 Exhibit 3 to City Council Resolution No. 22-____
San Jose Creek Multipurpose Path Conditions of Approval Case No 22-0007-DP
September 20, 2022

4 City Public Works Department and including all elements included in the Mitigation Monitoring and Reporting Program.

13. Any temporary building trailer, commercial coach etc. installed or used in connection with the construction of this project must comply with the requirements of Title 17 Section

17.21.460.

By signing this document, I, __________________, acting on behalf of the City of Goleta, certify that I have read, understand, and agree to the Project Conditions listed in this document.

Charles Ebeling P.E., T.E., Public Works Director Date City of Goleta, Public Works Department

-End of Conditions-
89 City Council Resolution 22- ____ Exhibit 4
San Jose Creek Multipurpose Path General Plan Consistency September 20, 2022

EXHIBIT 4

General Plan Consistency

90 City Council Resolution 22- ____ Exhibit 4
San Jose Creek Multipurpose Path General Plan Consistency

Page 1 ends

1 EXHIBIT 4

GENERAL PLAN CONSISTENCY ANALYSIS FOR SAN

JOSE CREEK MULTIPURPOSE PATH

CALLE REAL TO ATASCADERO CREEK

The Project is consistent with the Goleta General Plan/Land Use Plan (GP/LUP) as follows:

Land Use Element
The proposed project and uses are consistent with the guiding principles and goals of Chapter 2, Land Use Element of the City’s General Plan. The pr oposal is in compliance with the Land Use Plan Map (LU 1.1, Figure 2 -1) including land use designations adjacent to the path that range from Public/Quasi Public designations of U.S. Highway 101 and State Route (SR) 217, to Open Space near Armitos and Jonny D. Wallis parks, Residential lands with Medium, High and Mobile Home Park densities and Office and Service Industrial areas west of SR 217.

With respect to LU 1. 7 and LU 1.8, the project alignment and conceptual design is appropriate and will meet highest and best standards for environmental compliance along San Jose Creek, while offering neighborhood compatibility with surrounding areas for this pedestrian and bicycle facility. Construction of the San Jose Creek path also fulfills LU 1.13 by providing an important link in accordance with the Public Facilities and Transportation Elements of the City’s General Plan.

The City of Goleta has conducted preliminary coordination with Santa Barbara County, who granted approval of consolidated permit review to the California Coastal Commission. Similar public outreach to State and Federal agencies with permitting authority for the project has also been done since 2019. Therefore, the project is also consistent with Policy LU 12.1 and Policy LU 12.7

Open Space Element
The proposed project is consistent with the guiding principles and goals of Chapter 3, Open Space Element of the City’s General Plan. Through the San Jose Creek path’s connection from Calle Real directly to the Atascadero Bike Path (Obern Trail), which connects to Goleta Beach, the project fulfills the goals of Policy OS 4 .2 and 4.3.

Through its alignment with San Jose Creek, the project is consistent with Policy OS 4.5, which recommends trail locations be outside of riparian areas, but also “…. provide occasional contact to streams to allow public access and enjoyment of the resources.

Where feasible, public trail easement should be located within the boundaries of flood control easements.” The project also reflects the “existing and proposed trail alignment” shown on Figure 3 -2, the Park and Recreation Plan Map. Figure 3-5, the Open Space Plan Map, also shows San Jose Creek as an “Environmentally Sensitive Habitat Area” (ESHA) for Preservation of Natural Resources. The pat h would be consistent with this map and related policies OS 7.3, as well as OS 7.5, Open Space for Outdoor 91 City Council Resolution 22- ____ Exhibit 4
San Jose Creek Multipurpose Path General Plan Consistency

Page 2 ends

2 Recreation. By constructing the multipurpose path along the San Jose Creek corridor, including all the mitigation measures, conditions forthcoming fr om state and federal agencies, and best management practices inherent in those requirements, the project would preserve this open space and use it for recreation.

Regarding cultural resources and compliance with Open Space (OS) policy 8 (Protection of Native American and Paleontological Resources), the City conducted an AB52 consultation and a Section 106 Tribal Consultation, in coordination with Caltrans. Locations of Chumash village sites are known to exist in buried context in Goleta Slough and the surrounding area, and these have been extensively documented. Because the majority of the proposed project site is directly adjacent to San Jose Creek and prehistoric sites are not often found on the creek banks due to the possibility of flooding, the likelihood of encountering previously undocumented buried archaeological deposits in the proposed project site is considered low. Nonetheless, there remains a chance that construction activities associated with the proposed project could result in accidentally discovering archaeological resources. Conditions are included to address unanticipated discoveries of cultural resources and archaeological and Native American monitoring during ground disturbing activities. The proposed project is located in an area with geologic formations that are not known to contain paleontological resources. In addition, the proposed project area is within an urban setting with highly disturbed areas. The geologic units identified within the proposed project site have a lot to no potential for producing paleontological resources. A mitigation measure is included to address unanticipated discoveries of paleontological resources during ground disturbing activities. Therefore, the project is also consistent with City General Plan Open Space Element.

Conservation Element
The proposed project and uses are consistent with the guiding principles and goals of Chapter 4, Conservation Eleme nt of the City’s General Plan. With incorporation of mitigation measures and permit conditions from multiple state and federal agencies with direct jurisdiction over the project’s riparian and sensitive habitat areas, the project will protect these resources to the maximum extent feasible.

Policies CE1.6.c and d. identify the careful relationship between such policies and recognizes that “public accessways and trails are considered resource -dependent uses and may be located within or adjacent to Environmentally Sensitive Habitat areas (ESHA).” Similarly, the San Jose Creek path is consistent with Polic ies CE2.2 and 2.3 that also allow for construction and maintenance of foot trails, bicycle paths and similar low impact facilities within streamside protection areas. The project is also consistent with CE Policies 8.2, 8.3 and 9, requiring protection of hab itat areas, trees and mitigation of impacts to native trees . Through project design, mitigation measures and use of best management practices , the project will also be consistent with CE Policies

10.3, 10.4, 10.6. Therefore, the project is consistent wit h the Conservation Element of the City’s General Plan.

Safety Element
92 City Council Resolution 22- ____ Exhibit 4
San Jose Creek Multipurpose Path General Plan Consistency

Page 3 ends

3 The proposed project would not create a significant hazard to the public or environment through the routine transport, use or disposal of hazardous materials, but may discover remnant materials during construction. Implementation of mitigation measures that require further site assessment prior to construction and implementation of best management practices (BMPs) and vehicle manufacturer’s specifications during construction will minimi ze such risks. C ompliance with applicable regulations including Caltrans specifications and multiple state and federal agency conditions, would also ensure such risks are not hazardous during construction or upon completion of the project. Therefore, the project is consistent with the Safety Element and policies.

Visual and Historic Resources Element
Views of riparian corridors, agricultural resources and the Pacific Ocean are visible from the various vantage points along the proposed San Jose Creek path. The Project will be visible from various points along San Jose Creek, but in a complementary way that will not block open space views, consistent with Visual and Historic Resource (VH) Element 1.5. The project will provide a high level of design as project plans develop, consistent with Policy VH2.4, Public Improvements, as well as VH 2.5 that requires linkage between scenic areas by adjacent public facilities such as parks and trails. The only lighting proposed as part of the project is within the proposed box culvert under SR 217, so no lighting would be visible from adjoining properties. Therefore, the project is consistent with Visual and Historic Resources Element and policies.

Transportation Element
The proposed project and uses are consistent with the guiding principles and goals of Chapter 7.0, Transportation Element of the City’s General Plan. The San Jose Creek Multipurpose Path was listed on County of Santa Barbara transportation plans for years before incorporation, and has been in the City of Goleta’s Transportation Element since adoption of the General Plan/Coastal Land Use Plan in 2006. The path, in the proposed alignment along San Jose Creek, is shown on both Figures 7-5 (Pedestrian System Plan) and Figure 7-6 (Bikeways Plan Map). It is consistent with the guiding principles and goals of the Transportation Element, including:

Policies TE 1.1, 1.2,.1.3, 1.4, The project will facility use of alternative modes of transportation, link residential areas to UCSB and Goleta Beach, provide access from areas outside Goleta to Goleta via its connection to the Atascadero Bike Path and SR 217.

Policy TE 2.3: Diversion of Automobile Trips to Alternative Modes, by encouraging investment in alternative modes to “…make those modes more competitive with auto travel in terms of convenience, accessibility, costs, and safety.”

Policy TE 10.1 thru 10.3 (Pedestrian system map, master plan for facilities, and design criteria for pedestrian facilities).

Policy 10.6: Study of Grade Separated Pedestrian Crossing of US 101 in Old Town:
93 City Council Resolution 22- ____ Exhibit 4
San Jose Creek Multipurpose Path General Plan Consistency

Page 4 ends

4 The San Jose Creek path does not provide a continuous grade separated crossing of U.S. 101, but it does provide a strong alternative to Class II bicycle paths and sidewalks over Patterson Avenue and Fairview Avenue, and therefore fulfills Policy 10.6 as well.

Noise Element
The proposed project and uses are consistent with the guiding principles and goals of Chapter 9.0, Noise Element of the City’s General Plan. The project’s northern segment is adjacent to land uses ranging from medium to high density residential, general industrial, community commercial, planned residential and open space/active recreation. The project’s southern segment is adjacent to Old Tow n (commercial), General Commercial, Business Park, Service/Industrial, General/Industrial, Mobile Home Park, Open Space and Public/Quasipublic uses. Construction of the bike/pedestrian trail will have some impact on sensitive receptors along the path , but not exceed the City’s Threshold NOI -4 of 95 dBA during construction at any of the identified sensitive receptors. In addition, the proposed project would implement best management practices (BMPs) and construction noise minimization measures through condi tions of approval that would reduce construction noise and project impacts to less than significant during this period.

Therefore, the project is consistent with the City’s Noise Element.

94 City Council Resolution 22- ____ Exhibit 5
San Jose Creek Multipurpose Path Project Plans
September 20, 2022

EXHIBIT 5

Project Plans

95 96
97 ATTACHMENT 2

San Jose Creek Bike Multipurpose Path Project Location Map

Exhibit 1 – Project Overall Alignment

Exhibit 2 – Project Northern Segment

Exhibit 3 – Project Southern Segment
98 SOUTHERN

SEGMENT

CALIFORNIA
217
101

NORTHERN

SEGMENT
Jose
Creek
San
UPRR

EXISTING CLASS I

BIKE PATH

PROPOSED

PEDESTRIAN
BRIDGE

PROPOSED STATE
ROUTE 217

UNDERCROSSING

ONGOING

DESIGN/CONSTRUCTION
CALTRANS STATE ROUTE 217

BRIDGE REPLACEMENT

PROJECT
FUTURE

CLASS II FACILITES
(NOT PART OF THIS PROJECT)

EXISTING

FACILITIES

RECENTLY

CONSTRUCTED

JDW/PORTION OF

SAN JOSE CREEK

BIKE PATH

ONGOING

DESIGN/CONSTRUCTION

ARMITOS COMMUNITY

GARDEN/PORTION OF

SAN JOSE CREEK BIKE PATH

EXISTING

FACILITIES

PROPOSED UPRR

UNDERCROSSING

ONGOING

DESIGN/CONSTRUCTION
CALTRANS US HIGHWAY 101

BRIDGE REPLACEMENT

PROJECTEXISTING CLASS I

BIKE PATH

ATASCADERO

CREEK BIKEWAY

SANTA BARBARACITY LIMITS

SANTA BARBARACOUNTY

GOLETA CITY LIMITS

SANTA BARBARA COUNTY
JULY 2022
99 SAN JOSE
CREEK
Multipurpose Path

WOOD RAIL FENCE
101

CALIFORNIA
217
Northern Segment - Typical Section View A-A

NORTHERN

SEGMENT

EXISTING CLASS I

BIKE PATH
FUTURE

CLASS II FACILITES
(NOT PART OF THIS PROJECT)

EXISTING

FACILITIES

RECENTLY

CONSTRUCTED

JDW/PORTION OF

SAN JOSE CREEK

BIKE PATH

ONGOING

DESIGN/CONSTRUCTION

ARMITOS COMMUNITY

GARDEN/PORTION OF

SAN JOSE CREEK BIKE PATH

EXISTING

FACILITIES

PROPOSED UPRR

UNDERCROSSING

SOUTHERN

SEGMENT

GOLETA CITY LIMITS

SANTA BARBARA COUNTY
JULY 2022
UPRR
A
A

GOLETA CITY LIMITS

SANTA BARBARA COUNTY

ONGOING

DESIGN/CONSTRUCTION
CALTRANS US HIGHWAY 101

BRIDGE REPLACEMENT

PROJECT
100
Shoulder
Concrete
Barrier
Multipurpose Path
Existing
Right-of-Way

SAN JOSE

CREEK FENCE
SR 217
Southbound

CALIFORNIA
217
Southern Segment - Typical Section View A-A

SOUTHERN

SEGMENT

PROPOSED

PEDESTRIAN
BRIDGE

PROPOSED
STATE ROUTE 217

UNDERCROSSING

ONGOING

DESIGN/CONSTRUCTION
CALTRANS STATE ROUTE 217

BRIDGE REPLACEMENT

PROJECT
FUTURE

CLASS II FACILITES
(NOT PART OF THIS PROJECT)

EXISTING CLASS I

BIKE PATH

ATASCADERO

CREEK BIKEWAY

GOLETA CITY LIMITS

SANTA BARBARA COUNTY

GOLETA CITY LIMITS

SANTA BARBARACITY LIMITS

GOLETA CITY LIMITS

SANTA BARBARA
COUNTY
JULY 2022
A
A
101

ATTACHMENT 3

San Jose Creek Bike Multipurpose Path Project Presentation

102
San Jose Creek Multipurpose
Path
Mitigated Negative Declaration
and
Development Plan
Goleta City Council September 20, 2022
103
Background
September 20, 2022 City Council Meeting 2
Project in Transportation Plans from County of Santa Barbara and City of Goleta for 20+ years
Generally in alignment of Project presented today
Design started in 2018, with many technical reports required – largely due to partnering status with Caltrans, compliance with NEPA and CEQA funding from ATP grant for $18 million 104
Project Purpose and Need
 Complete two important path segments for a continuous and safe link in the regional active transportation network from Calle Real to the Atascadero Creek Bikeway (Obern Trail/Coast Route).
 Four significant barriers to north-south regional connectivity would be removed by crossing under US 101 and Union Pacific Railroad (UPRR) bridges, crossing over San Jose Creek and crossing under SR 217 on the south end.

September 20, 2022 City Council Meeting
105
September 20, 2022 City Council Meeting 4
Funding
City awarded $18 million in State and Federal Active
Transportation (ATP) Grant funding in 2019. The ATP
grant requires completion of key tasks and milestones by funding specific dates to release funding.
Environmental document must be approved by Goleta,
along with Project Study Report.
These local agency approvals must be submitted in
October 2022 to be scheduled for California Transportation Commission action to release next round of funding
December 2022.
106
Project Location & Context
September 20, 2022 City Council Meeting 5
107
September 20, 2022 City Council Meeting 6
Location: Northern, Southern Extents & Coastal Zone
Coastal Zone boundary
Northern Segment
Southern Segment
108
Northern Segment
From Calle Real under U.S. 101 and Union Pacific Railroad (UPRR) to Armitos Avenue, along west side of creek.
 At Armitos Park, joins Class I path (to be constructed 2023) and will connect to Class I path at Jonny D. Wallis Park (existing.  Paved, approximately 2,400 feet long, ranging 8 to 10 feet wide with shoulders 0 to 2 feet.
 Retaining walls ranging from 4-12 feet high to be located along sections of the path.
 Located within floodplain of San Jose Creek, but outside active channel.
 About 680 feet of the path to be constructed within the existing San Jose Creek bank. This situation would occur where the project crosses under the US 101, UPRR, and Calle Real bridges.

September 20, 2022 City Council Meeting
109
September 20, 2022 City Council Meeting 8
Northern Segment
110
September 20, 2022 City Council Meeting 9
From the intersection of Kellogg Ave and Kellogg Way, crossing San Jose Creek Channel and along SR 217 to Atascadero Bike Path.  About 1 mile in length, width ranging from 8 to 10 feet wide, shoulders 0 to 2 feet wide.
 12 ft. wide bicycle/pedestrian bridge that would span over San Jose Creek Channel to transition to the SR 217 shoulder.
 2-foot wide, 3.5-foot high standard concrete barrier to separate bicycle/pedestrian trail from SR 217.
 Path will remain at grade with SR 217 for approximately 3,200 feet, then drop below the SR 217 grade for 1,066 feet as the path approaches 14 ft. wide by 8 ft. high box culvert crossing under SR 217.
 Approximately 1,500 feet of the southernmost portion of this segment is outside of City limits, within Santa Barbara County jurisdiction.

Southern Segment
111
September 20, 2022 City Council Meeting 10
Southern Segment
112
September 20, 2022 City Council Meeting 11
Council Authorization – Per Title 17
 Project in Coastal and Inland areas, near ESHA in both segments.  Such locations require a Development Plan per GMC 17.59.020(A)(5), since it does not qualify for an Exemption or a Land Use Permit (GMC 17.55.030(A)).  GMC 17.050.030 (H) states that City Council has “Review Authority for all zoning permits, except Zoning Clearances, and all discretionary approval required by this Title for City projects, including Capital Improvement Program projects.”  Therefore, City Council is the review authority to approve the CEQA document and act on the Development Plan per GMC 17.59.
113
September 20, 2022 City Council Meeting 12
CEQA Document
Final Initial Study/Mitigated Negative Declaration
prepared 2021-2022
Public Circulation June 30, 2022 thru August 1, 2022
46 comments received; staff held multiple phone
conferences
IS-MND revised to show changes responding to
comments in Final MND (Attachment 1, Exhibit 2 of staff report)
114
September 20, 2022 City Council Meeting 13
Mitigation Measures
Potentially Significant but Mitigable Impacts
identified
Mitigation Measures included in Mitigation
Monitoring and Reporting Program (MMRP;
Attachment 1, Exhibit 2 of staff report)
List MM’s #’s
115
September 20, 2022 City Council Meeting 14
Mitigation Measures Highlights
 Aes-1, AES-2: Design details, fencing, aesthetic treatments, master arborist function and tree replacement plan
 Bio-1 thru Bio 3: Pre construction surveys, setbacks, times; development of Habitat Restoration Plan; measures for work in stream channel; use of Best Management Practices (BMP’s); measures for work in or within stream channel; controls for pile driving; use of BMP’s; fish protection, relocation during construction
 Bio 4-6: Measures to protect California Red Legged Frog, Coast Range newt, northern California legless lizard, western pond turtle and coast horned lizard, Southwestern willow flycatcher and least Bell’s vireo  Bio 7-9: Measures to protect insects, birds, raptors, San Diego desert woodrat middens; bat survey and protection
116
September 20, 2022 City Council Meeting 15
Mitigation Measures Highlights (Cont.)
 Geo-1: Measures in case paleontological resources discovered during construction (cease work and evaluation)
 Haz-1, 2: Survey for lead containing materials, sample testing of soils to determine hazardous deposits prior to construction and abatement
 Hyd-1: Construction erosion and runoff testing
 Noi-1: In addition to use of Caltrans specifications to minimize noise, use of newer equipment, limit idling
117
September 20, 2022 City Council Meeting 16
Findings For Approval of Project
CEQA Findings: Pursuant to CEQA Guidelines §15074, the
Final MND reflects the City’s independent judgment and
analysis, and City Council has independently reviewed and analyzed the Final MND prepared for the Project.

Development Plan Findings: The City Council makes the
findings listed in Attachment 1 to approve the project, in accordance with Sections 17.52.070 (Common Findings),

17.59.030 (Required Findings), and17.50.030.H and

17.58.040.C.2 (Design Review Findings).
118
Motion to Approve
17 After considering the evidence presented during the
public hearing, adopt Resolution No. 22- entitled,
“A Resolution of the City Council of the City of
Goleta, California, Adopting the Final Mitigated
Negative Declaration. Approving the Mitigation and
Monitoring Program and Development Plan for the
San Jose Creek Multipurpose Path, located in
public right of way and multiple Assessor Parcel
Numbers (071-035-CA, APN 071-090-048, APN
071-090-047, APN 071-090-074, APN 071-090-
083, APN 071-010-010, APN 071-090-082, APN
069-160-013, APN 071-200-011, and APN 071-140-
055) along San Jose Creek from Calle Real to the
Atascadero Bike Path (City Capital Improvement
Project 9006)”.
119

QUESTIONS
September 20, 2022 City Council Meeting 18
120

Goleta City CouncilSeptember 20, 2022

Goleta City Council
September 20, 2022