in Section 1.5:
Subsequent to certification of the EIR, the City as Lead Agency will act on the Proposed Project. It is anticipated that EIR certification and action on the project will be scheduled for the same public hearing.
CEQA requires that a lead agency shall neither approve nor carry out a project as proposed unless the significant environmental effects have been reduced to an acceptable level (CEQA Guidelines Sections 15091 and 15092) or the project objectives outweigh the unavoidable significant impacts (requiring the Lead Agency to make a Statement of Overriding Considerations) (CEQA Guidelines Section 15093). An acceptable level is defined as eliminating, avoiding, or substantially lessening the significant effects. A project’s impacts must be reduced to a less than significant level where feasible or the lead agency must adopt a Statement of Overriding Considerations for any impacts that remain significant after all feasible mitigation is adopted. As the cited Section 15092 of the CEQA Guidelines provides:
“ (b) A public agency shall not decide to approve or carry out a project for which an EIR was prepared unless either: (1) The project as approved will not have a significant effect on the environment, or (2) The agency has: (A) Eliminated or substantially lessened all significant effects on the environment where 135
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feasible as shown in findings under Section 15091, and (B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093. (CEQA Guidelines, 15092, subd. (b))” CHANGES TO CHAPTER 3, ENVIRONMENTAL SETTING, IMPACTS, AND MITIGATION
MEASURES
CHANGES TO 3.4 BIOLOGICAL RESOURCES
BRAC noted that the Installation-Wide Multispecies Habitat Management Plan for Former Fort Ord (HMP), identifies requirements that apply to "Borderland Development Areas Along Natural Resource Management Area (NRMA) Interface." As the eastern boundary of Site 1 appears to abut the NRMA, BRAC requested review of the Fort Ord HMP for the borderland interface requirements. The HMP also requires parking lots, greenbelts, or other nonflammable or fire-resistant land uses will be located as a buffer between the NRMA and development. Future development of structures will be required to be sited entirely behind the land use/land area that is to be developed as a firebreak.
3.4-1. Special-Status Species with the Potential to Occur Within the Project Area:
.Bombus
occidentalis
Western bumble
bee
— / SC / — Found in a range of habitats,
including mixed woodlands,
farmlands, urban parks and
gardens, montane meadows,
and prairie grasslands.
Requires plants that bloom and
provide adequate nectar and
pollen throughout the colony’s
life cycle, which is from early
February to late November.
Generally nests underground,
often in abandoned mammal
burrows. Populations are
currently largely restricted to
high elevation sites in the
Sierra Nevada; however, the
historic range includes the
northern California coast.
Low/Medium
Only marginal, very low-quality
habitat is present in small,
isolated areas of
ruderal/disturbed habitat where
the non-native grasses occur.
The CNDDB reports an
occurrence of this species
approximately 3 miles from the
project area; however, all
occurrences of this species on
the Monterey Peninsula are
historic and this species may no
longer occur within the vicinity of
the project area.
In response to CDFW, this rating
has been revised to add Medium
to potential to occur.
State and before the heading California Endangered Species Act:
California Department of Fish and Wildlife Authority
CDFW is a Trustee Agency with responsibility under CEQA for commenting on projects that could impact plant and wildlife resources. Pursuant to Fish and Game Code Section 1802, the CDFW has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and the habitat necessary for biologically sustainable populations of those species. As a Trustee Agency for fish and wildlife resources, the Department is responsible for providing, as available, biological expertise to review and comment upon environmental documents and impacts arising from project activities, as those terms are used under CEQA (Division 13 (commencing with Section 21000) of the Public Resources Code). 136
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The Department also has regulatory authority over projects that could result in the "take" of any species listed by the State as threatened or endangered. If the Project could result in the "take" of any species listed as threatened or endangered under the California Endangered Species Act (CESA), an Incidental Take Permit may need to be obtained for the Proposed Project. CEQA requires a Mandatory Finding of Significance if a project is likely to substantially impact threatened or endangered species (Public Resources Code Sections 21001(c), 21083, CEQA Guidelines Sections 15380, 15064, 15065). Impacts must be avoided or mitigated to less than significant levels unless the CEQA Lead Agency makes and supports a Statement of Overriding Consideration (SOC). The CEQA Lead Agency's SOC does not eliminate the project proponent's obligation to comply with Fish and Game Code Section 2080.
of Impact BIO-1 and above the heading Mitigation Measures:
Recent published findings of a CDFW decision to advance the Western Bumble Bee (WBB) to candidacy as an endangered species under the California Endangered Species Act (CESA) is noted. Pursuant to Fish and Game Code section 2074.6, CDFW has initiated a status review report to inform the Fish and Game Commission’s decision on whether listing of WBB, pursuant to CESA, is warranted. During the candidacy period, the status of the WBB as an endangered candidate species qualifies it as an endangered, rare, or threatened species under CEQA. The take of WBB during the status review period may be prohibited unless appropriate authorization pursuant to CESA is obtained.
CDFW identifies potential impacts to WBB can occur without appropriate avoidance and minimization measures. Identified impacts associated with Proposed Project ground- and vegetation-disturbing activities include loss of foraging plants, changes in foraging behavior, burrow collapse, nest abandonment, reduced nest success, reduced health and vigor of eggs, young and/or queens, in addition to direct mortality in violation of Fish and Game Code. To address this recent decision, mitigation measures were added to the Final EIR (personal communication, Evelyn Bajaras-Perez, CDFW).
Measures after Mitigation Measure 3.4-4:
Mitigation Measure
Implementation of the following mitigation measures will reduce potentially significant impacts to Western Bumble Bee to a less-than-significant level.
3.4-6A A qualified biologist shall determine if suitable habitat is present within the Project site. If suitable habitat is present, a qualified biologist shall conduct focused surveys for WBB and their requisite habitat features to evaluate potential impacts resulting from ground- and vegetation-disturbance associated with the Project.
3.4-6B If surveys cannot be completed, all small mammal burrows and thatched/bunch grasses shall be avoided by a minimum of 50 feet to avoid and minimize take and potentially significant impacts any detection of WBB prior to or during Project implementation warrants consultation with CDFW to discuss how to avoid take, or if take cannot be avoided, what take authorization may be necessary to comply with CESA.
Footnote: Special Status Wildlife Species – Western Bumble Bee: WBB was once common throughout most of California. Potential impacts to WBB were analyzed in the Draft EIR. The Draft EIR determined that WBB was unlikely to occur within the survey area and be impacted by the project. However, based on consultation with CDFW, the CDFW suggested a higher level be identified in the EIR regarding the WBB due to the more recent listing of WBB and that potential ground-disturbing activities associated with future development have the potential to impact WBB and the EIR should identify specific avoidance and minimization measures. These are listed above.
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amended as follows:
As described in Section 3.4.3, the project area is not located within an approved HCP or NCCP area.
However, the project area is located within the approved Fort Ord HMP area. The entire project area is located within parcels designated by the HMP as “development.” As described above in the Regulatory section, parcels designated as “development” do not have habitat requirements. Additionally, a portion of the project area, Site 1, is designated in the HMP as having Borderlands requirements. Borderlands are designated development parcels or habitat reserve parcels at the urban/wildland interface where specific design considerations and management activities are required to minimize effects of development on HMP species and natural communities. The border requirements identify that a wildlife border be located within a 150-foot wide corridor along the City of Seaside’s eastern border and along the entire boundary of Site 1 with U.S. Bureau of Land Management. This area is also referred to as the Borderland development area adjacent to the Natural Resources Management Area owned by the U.S. Bureau of Land Management in the Fort Ord Habitat Management Plan (USACOE, Sacramento District, 1997).
Implementation of Borderlands requirements are included in Mitigation Measure 3.4-1, which includes measures to avoid and minimize impacts to biological resources in adjacent open space areas.
CHANGES TO 3.9 HAZARDS AND HAZARDOUS MATERIALS
Characteristics has been amended as follows:
The Army is currently working with the City of Del Rey Oaks to modify federal deed restriction to remove the residential use restriction from the middle-portion of Site 1 (E29a) as described in the Record of Decision (ROD). The Final EIR is amended to add the work currently underway with BRAC and the City.
See Chapter 5, Changes to the Draft EIR, EIR Section 3.9 Hazards and Hazardous Materials.
Characteristics.
Footnote: BRAC commented that data provided by Monterey County for APN parcels shown on Figure 2- 6 appear to encroach onto the Army’s BRAC property will be corrected and incorporated into future maps provided for any future projects on the sites.
Section 3.9.3 Regulatory Framework.
The HMP identifies requirements that apply to "Borderland Development Areas Along Natural Resource Management Area (NRMA) Interface." As the eastern boundary of Site 1 is bordering the NRMA, the borderland interface requirements of the HMP also requires parking lots, greenbelts, or other nonflammable or fire-resistant land uses will be located as a buffer between the NRMA and development.
Future development of structures will therefore be required to be sited entirely behind the land use/land area that is to be developed as a firebreak.
Impact HAZ-2 is amended to clarify Sites K1 and K2 area is also subject to the residential use restriction and land use controls that are in place for Site 1a and portions of Site 1. 138
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CHANGES TO 3.16 TRANSPORTATION
Section 3.16.2 Environmental Setting on page 3.16-1:
In addition to Line 7, Jazz A, Jazz B, and Line 94 provide indirect service to the City of Del Rey Oaks and offer connections to neighboring cities. Residents can board these routes using the following stop: Stop ID 6798 – Fremont / Portola Drive. Both Jazz A and Jazz B have a combined frequency of 15 minutes and provide services to the Monterey Bay Aquarium and the Monterey Transit Plaza via Hilby Avenue (Jazz A) or Broadway Avenue (Jazz B). Line 94, also known as a senior shuttle, provides service from Sand City to Carmel and has a frequency of two (2) hours from 9:26 AM to 4:46 PM. Developers can enroll in MST’s Group Discount Program to offer residents substantially reduced cost bus passes to incentivize transit use and further mitigate transportation impacts.
CHANGES TO 3.18 WILDFIRE
The project area within former Fort Ord is currently planned for development of commercial, hotel and office use. The development of these allowable uses as well as future residential development in the project area will require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, powerlines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment. As the eastern boundary of Site 1 is bordering the NRMA, the borderland interface requirements of the HMP require parking lots, greenbelts, or other nonflammable or fire-resistant land uses will be located as a buffer between the NRMA and development.
Additionally, future development of structures will therefore be required to be sited entirely behind the land use/land area that is to be developed as a firebreak. potential future residential development resulting from implementation of the proposed project would be required to adhere to a wide range of state and local codes pertaining to flood or wildfire protection and would be required to ensure that new developments would not exacerbate fire hazards.
CHANGES TO CHAPTER 6, REFERENCES/PERSONS CONSULTED
CHANGES TO 6.2 PERSONS CONSULTED
Evelyn Bajaras-Perez, CDFW
Dave Kereazis, DTSC
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Final EIR Mitigation Monitoring and Reporting Program
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APPENDIX A
Mitigation Monitoring and Reporting Program
The California Environmental Quality Act (CEQA) and CEQA Guidelines (PRC Section 21081.6 and State CEQA Guidelines Sections 15091[d] and 15097) require Lead Agencies to adopt a program for monitoring the mitigation measures required to avoid the significant environmental impacts of a project. The Mitigation Monitoring and Reporting Program (MMRP) ensures that mitigation measures imposed by the District are completed at the appropriate time, specific to the future connection process. The mitigation measures identified in the Draft EIR are listed in the MMRP along with the party responsible for monitoring implementation of the mitigation measure, the milestones for implementation and monitoring, and confirmation the mitigation measure has been implemented. The following mitigation measures are specific to the City of Del Rey Oaks 2023 Cycle Housing Element Update Environmental Impact Report (EIR) project.
Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
Air Quality
Impact AQ-2:
Criteria Pollutant
Emissions
Mitigation Measure 3.3-1: Prior to start of construction, the project applicant or contractor shall submit a construction dust mitigation plan to the City of Del Rey Oaks for review and approval. This plan shall specify the methods of dust control that would be utilized, demonstrate the availability of needed equipment and personnel, use reclaimed water for dust control, and identify a responsible individual who, if needed, can authorize implementation of additional measures. The construction dust mitigation plan shall, at a minimum, include the following measures:
• Limit grading activity to a maximum of 2.2 acres daily. • Water all active construction areas at least three times daily and more often during windy periods. Active areas adjacent to existing businesses should be kept damp at all times. If necessary, during windy periods, watering is to occur on all days of the week regardless of onsite activities.
• Cover all trucks hauling trucks or maintain at least two feet of freeboard.
Project
Applicant or
Construction
Contractor
Prior to start
of construction
City of Del
Rey Oaks
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Monitoring
• Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites.
• Sweep daily all paved access roads, parking areas and staging areas at construction sites.
• Sweep streets daily if visible soil material is deposited onto the adjacent roads.
• Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more).
• Enclose, cover, water three times daily or apply (non-toxic) soil binders to exposed stockpiles.
• Limit traffic speeds on unpaved roads to 15 mph.
• Replant vegetation in disturbed areas as quickly as possible. • Suspend excavation and grading activity when hourly-average winds exceed 15 mph and visible dust clouds cannot be
contained within the site.
Biological Resources
Impact BIO-1:
Special-Status
Species.
Impact BIO-5:
Adopted Habitat
Conservation Plans.
Mitigation Measure 3.4-1: Project Specific Biological Assessments (HMP Species). The City shall require that a biological survey of development sites be conducted by a qualified biologist to determine if the development could potentially impact HMP species of potential habitat. A report describing the results of the surveys will be provided to the City prior to any ground disturbing activities. The report will include, but not be limited to: 1) a description of the biological conditions at the site; 2) identification of the potential for HMP species to occur or HMP species observed, if any; and 3) maps of the locations of HMP species or potential habitat, if observed.
Project
Applicant,
Qualified
Biologist
Prior to ground
disturbing
activities
Project
Applicant shall
retain qualified
biologist to
perform
biological
survey(s) prior
City of Del
Rey Oaks,
Project
Applicant,
Qualified
Biologist
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Timing
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Monitoring
If HMP species that do not require take authorization from the USFWS or CDFW are identified within the development site, salvage efforts for these species will be evaluated by a qualified biologist in coordination with the City’s consulting biologist to further reduce impacts per the requirements of the HMP and BO. Where salvage is determined feasible and proposed, seed collection should occur from plants within the development site and/or topsoil should be salvaged within occupied areas to be disturbed. Seeds should be collected during the appropriate time of year for each species by qualified biologists. The collected seeds and topsoil should be used to revegetate temporarily disturbed construction areas and reseeding and restoration efforts on- or off-site, as determined appropriate by the qualified biologist and the City.
If HMP species that require take authorization from the USFWS and/or CDFW are identified within the development site, the City will ensure that developers comply with ESA and CESA and obtain necessary permits prior to construction.
Mitigation Measure 3.4-2: Project-Specific Biological Assessments (Non-HMP Species). The City shall require that a biological survey of development sites be conducted by a qualified biologist to determine if the development could potentially impact a special-status species or their habitat. A report describing the results of the surveys will be provided to the City prior to any ground disturbing activities. The report will include, but not be limited to: 1) a description of the biological conditions at the site; 2) an search of relevant resources to generate an updated list of special-status species known within the project vicinity; 3) identification of the potential for special-status species to occur or special-status species observed, if any; 4) maps of the locations of special-status species or potential habitat, if observed; and 5) recommended mitigation measures, if applicable.
to ground
disturbance
activities.
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Timing
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Monitoring
If special-status species are determined not to occur at the development site, no additional mitigation is necessary.
If special-status species are observed or determined to have the potential to occur, the project biologist shall recommend measures necessary to avoid, minimize, and/or compensate for identified impacts.
Measures may include, but are not limited to, revisions to the project design and project modifications, pre-construction surveys, construction buffers, construction best management practices, monitoring, nonnative species control, restoration and preservation, and salvage and relocation.
If species that require take authorization from the USFWS and/or CDFW are identified within the development site, the City will comply with ESA and CESA and obtain necessary permits prior to construction.
Mitigation Measure 3.4-3: Pre-Construction Surveys for Protected Avian Species. Construction activities that may directly (e.g., vegetation removal) or indirectly (e.g., noise/ground disturbance) affect protected nesting avian species will be timed to avoid the breeding and nesting season. Specifically, vegetation and/or tree removal can be scheduled after August 31 and before January 31. Alternatively, a qualified biologist will be retained by the City to conduct pre-construction surveys for nesting raptors and other protected avian species within 500 feet of proposed construction activities if construction occurs between February 1 and August 31. Pre-construction surveys will be conducted no more than 14 days prior to the start of construction activities during the early part of the breeding season (February through April) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May through August). Because some bird species 146
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Timing
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Monitoring
nest early in spring and others nest later in summer, surveys for nesting birds may be required to continue during construction to address new arrivals, and because some species breed multiple times in a season. The necessity and timing of these continued surveys will be determined by the qualified biologist based on review of the final construction plans and in coordination with the USFWS and CDFW, as needed.
If raptors or other protected avian species nests are identified during the pre-construction surveys, the qualified biologist will notify the City and an appropriate no-disturbance buffer will be imposed within which no construction activities or disturbance shall take place (generally 500 feet in all directions for raptors; other avian species may have speciesspecific requirements) until the young of the year have fledged and are no longer reliant upon the nest or parental care for survival, as determined by a qualified biologist.
Mitigation Measure 3.4-4: Implement Open Space Requirements. For open space areas adjacent to the project area, the following measures shall be implemented:
Conduct an access assessment to identify necessary access controls. In some cases, structures including fences or other appropriate barriers may be required within the future development to control access into the habitat areas. An assessment of access issues and necessary controls will be completed as part of planning for the development and submitted to the City for review and approval, prior to development.
Signs, interpretive displays, trailhead markers, or other information will be installed and maintained at identified urban/wildland interface that illustrate the importance of the adjacent habitat area and prohibit trespass, motor vehicle entry, dumping of trash or yard 147
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Timing
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Monitoring
wastes, pets off-leash, capture or harassment of wildlife, impacts to special-status species, and other unauthorized activities. Incorporate non-native species control features into site design.
Detention ponds or other water features associated with future development will be sited as far from the urban/wildland interface as possible. Suitable barriers will be located between these features and the habitat area boundary to prevent these features from becoming “sinks” for special-status wildlife species, as well as sources for invasive non-natives that could then move into the adjacent habitat area.
If detention ponds or other waterbodies must be located at the urban/wildland interface, a specific management program addressing control of non-native animals (e.g., bullfrogs) must be prepared and submitted for review and approval by the City, prior to development.
Landscaping within the areas adjacent to open space areas will consist of native or non-native plant species that will not colonize reserve areas in the former Fort Ord outside the project area. Any landscaping or replanting required for the project will not use species listed as noxious by the California Department of Food and Agriculture (CDFA). All landscape plans will be reviewed by the City. Limit artificial lighting at the urban/wildland interface. Outdoor lighting associated with future development will be low intensity, focused, and directional to preclude night illumination of the adjacent habitat area. Outdoor lighting will be placed as far from the urban/wildland interface as possible given safety constraints. Highintensity lighting facing the habitat areas will be directional and as low to the ground as possible to minimize long distance glare. Develop and implement erosion control measures to prevent sediment transport into and within habitat areas. Erosion control measures will be required where vegetation removal or soil 148
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Required
Timing
Compliance
Monitoring
disturbance occurs as a result of all construction and maintenance, including trail, road, or fuelbreak construction/maintenance, access controls, or stormwater management, consistent with existing stormwater management plans. Specific measures to be
implemented shall be detailed in an erosion control plan. The erosion control plan will include, at a minimum, the following measures.
o Re-contour eroded areas.
o Maintain and grade areas along the reserve perimeter and main roads as appropriate to avoid washouts. Gullies will be repaired as needed.
o Install drainage features such as outlet ditches, rolling dips (similar to waterbars), and berms as needed to facilitate the proper drainage of storm runoff.
o Add soil amendments such as fertilizers and gypsum for designated development areas only.
o Prevent sediments from entering basins or swales that could be used by HMP species during erosion control activities.
o Design and conduct erosion control measures to minimize the footprint of the structures and repairs, and design structures to minimize potential impacts on California tiger salamander and California red-legged frog that may be moving between
breeding and upland habitats.
o Use weed-free mulch, weed-free rice, sterile barley straw, or other similar functioning product where needed for erosion control. Seed native plant species to stabilize soils disturbed by erosion control activities and prevent colonization by invasive weeds. Incorporate native plant species to the extent
practicable.
Mitigation Measure 3.4-6: Potential Impacts to Western Bumble Bee* 149
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Responsibility
Required
Timing
Compliance
Monitoring
3.4-6A A qualified biologist shall determine if suitable habitat is present within the Project site. If suitable habitat is present, a qualified biologist shall conduct focused surveys for WBB and their requisite habitat features to evaluate potential impacts resulting from ground- and vegetation-disturbance associated with the Project.
3.4-6B If surveys cannot be completed, all small mammal burrows and thatched/bunch grasses shall be avoided by a minimum of 50 feet to avoid and minimize take and potentially significant impacts any detection of WBB prior to or during Project implementation warrants consultation with CDFW to discuss how to avoid take, or if take cannot be avoided, what take authorization may be necessary to comply with CESA.
*Special Status Wildlife Species – Western Bumble Bee: WBB was once common throughout most of California. Potential impacts to WBB were analyzed in the Draft EIR. The Draft EIR determined that WBB was unlikely to occur within the survey area and be impacted by the project.
However, based on consultation with CDFW, the CDFW suggested a higher level be identified in the EIR regarding the WBB due to the more recent listing of WBB and that potential ground-disturbing activities associated with future development have the potential to impact WBB and the EIR should identify specific avoidance and minimization measures. These are listed above
Impact BIO-2:
Riparian and
Wetland Habitat.
Mitigation Measure 3.4-5: Project-Specific Sensitive Natural Community Assessments. The City shall require that any development that could potentially impact a sensitive natural community shall be required to conduct a survey of the site by a qualified biologist. A report describing the results of the survey will be provided to the City prior to any ground disturbing activities. The report will include, but is not Project
Applicant,
Qualified
Biologist
Prior to ground
disturbing
activities, prior
to
construction.
City of Del
Rey Oaks,
Project
Applicant,
Qualified
Biologist
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Compliance
Monitoring
limited to: 1) a description of the biological conditions at the site; 2) identification of the potential for sensitive habitats or sensitive habitats observed, if any; 3) maps of the locations of sensitive habitats or potential sensitive habitat, if observed; and 4) recommended avoidance and minimization measures, if applicable. If a potential state or federally protected wetland or other are identified to be present on the site, a formal wetland delineation will be conducted in accordance to ACOE methodology.
If a proposed development cannot avoid impacts to sensitive habitat areas, the City shall require a compensatory habitat-based mitigation to reduce impacts. Compensatory mitigation must involve the preservation, restoration, or purchase of off-site mitigation credits for impacts to sensitive habitats. Mitigation must be conducted in-kind or within an approved mitigation bank in the region. The specific mitigation ratio for habitat-based mitigation will be determined through consultation with the appropriate agency (i.e., CDFW, ACOE, or SWRCB) on a project-byproject basis.
Impacts to sensitive habitats, including but not limited to, vernal pools, streambeds, waterways, or riparian habitat, protected under Section 1600 of Fish and Wildlife Code and Sections 401 and 404 of the CWA, require regulatory permitting to reduce impacts. Acquisition of permits and implementation of the approved mitigation strategy would ensure impacts are fully mitigated and “no net loss” of wetland habitat would occur.
Project
Applicant shall
retain qualified
biologist to
perform
biological
survey(s) prior
to ground
disturbance
activities.
Cultural and Tribal Resources
Impact CTR-2:
Archaeological
Resources.
Mitigation Measure 3.5-1: The following measures would be implemented in the event of an unanticipated discovery of cultural resources:
Construction
Contractor,
Qualified
During
construction
Construction
Contractor,
Qualified
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Monitoring
Impact CTR-4: Tribal
Cultural Resources.1
a. If subsurface deposits believed to be cultural or human in origin are discovered during construction, then all work must halt within a 100-foot radius of the discovery. A qualified professional archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards for prehistoric and historic archaeologist, shall be retained to evaluate the significance of the find, and shall have the authority to modify the no-work radius as appropriate, using professional judgement. A Native American monitor, following the Guidelines for Monitors/Consultants of Native American Cultural, Religious, and Burial Sites established by the Native American Heritage Commission, shall be required if the nature of the unanticipated discovery is prehistoric.
Work cannot continue within the no-work radius until the archaeologist conducts sufficient research and data collection to make a determination that the resource is either: 1) not cultural in origin; or 2) not potentially significant or eligible for listing on the NRHP or CRHR.
b. If a potentially eligible resource is encountered, then the archaeologist and lead agency shall arrange for either: 1) total avoidance of the resource, if possible; or 2) test excavations to evaluate eligibility.
If found to be eligible for either the NRHP or CRHR, then significant impacts would be resolved/mitigated through data recovery excavations to the extent of obtaining enough information to address applicable research questions.
If data recovery is necessary, a data recovery plan will be prepared, reviewed by the lead agency, and implemented. Determinations of Archaeologist
Monitor
Contractor or
assigned
Monitor shall
be responsible
for reporting
compliance to
the City of Del
Rey Oaks and
County
Coroner
Archaeologis
t Monitor,
City of Del
Rey Oaks
1 see also Mitigation Measure 3.5-3
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Monitoring
eligibility and completion of data recovery (if necessary) shall be formally documented in writing and submitted to the lead agency as verification that the provisions in CEQA for managing unanticipated discoveries have been met.
Mitigation Measure 3.5-2: Worker Awareness Training will be developed and conducted prior to any construction operations for development within the portion of the project area within former Fort Ord. The training program will inform crew members of the potential for archaeological finds and the protocols to be followed in the event of the discovery of archaeological materials. The program will be presented by a Professional Archaeologist and include an ALERT Sheet with visual aids with a focus on archaeological objects and other cultural materials that could be present within the project area. The training will also provide protocols in the event of an unexpected discovery and points of contact in the event of an unexpected find including Native American burials.
The training will include a briefing to supervisory construction personnel and “tailgate” training to field personnel.
Impact CTR-3:
Disturbance of
Human Remains
Mitigation Measure 3.5-3: In the event that evidence of human remains is discovered, construction activities within 100 meters of the discovery shall be halted or diverted and the requirements of Mitigation Measure
3.5-1 will be implemented. In addition, the County Coroner shall be notified in accordance with provisions of PRC Sections 5097.98-99. If the Coroner recognizes the human remains to be those of a Native American, or has reason to believe that they are those of a Native American, the Coroner shall ensure that notification is provided to the NAHC within twenty-four hours of the determination, as required by California Health and Safety Code Section 7050.5(c) and PRC 5097. The NAHC shall identify the person or persons it believes to be most likely descended (MLD) from the deceased Native American (PRC Section Construction
Contractor,
Qualified
Archaeologist
Monitor
During
construction,
Contractor or
assigned
Monitor shall
be responsible
for reporting
compliance to
the City of Del
Rey Oaks and
County
Construction
Contractor,
Qualified
Archaeologis
t
Monitor, City
of
Del Rey
Oaks
153
Item A.
October 2023 A-12 Housing Element Update
City of Del Rey Oaks Final EIR
Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
5097.98). The designated MLD then has 48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains (AB 2641). If the landowner does not agree with the recommendations of the MLD, the NAHC can mediate (Section 5097.94 of the Public Resources Code). If no agreement is reached, the landowner must rebury the remains where they will not be further disturbed (Section 5097.98 of the Public Resources Code). This will also include either recording the site with the NAHC or the appropriate Information Center; using an open space or conservation zoning designation or easement; or recording a document with the county in which the property is located (AB 2641).
Coroner and
NAHC?
Geology and Soils
Impact GEO-1:
Seismic Hazards
Mitigation Measure 3.7-1: To minimize the potential effects from strong seismic ground shaking on project components, a geotechnical engineer report shall be prepared for the site specific area of future construction of housing. At a minimum, all recommendations from the project’s Preliminary Geotechnical Design Report prepared by LFR Inc. (November 2007) shall be incorporated by the project proponent into final design plans for future construction, subject to review of the City Engineer prior to construction activities.
Mitigation Measure 3.7-2: In order to minimize strong seismic shaking on project components, the project proponent shall incorporate the recommendations of the Preliminary Geotechnical Design Report prepared by LFR Inc. (November 2007) into project design. In addition, the project engineer shall ensure all structures will be designed to the most current standards of the California Building Code, at a minimum.
Adherence into final design plans shall be reviewed by the City Engineer prior to future construction activities.
City Engineer,
Project
Applicant,
Construction
Contractor
Prior to
approval of
final design
plans
City
Engineer,
Project
Applicant,
Construction
Contractor
154
Item A.
October 2023 A-13 Housing Element Update
City of Del Rey Oaks Final EIR
Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
Mitigation Measure 3.7-3: Future development projects shall be required to prepare geologic/geotechnical investigations by a registered geologist/geotechnical engineer to provide recommendations and requirements for site preparation and grading, excavations, utility trench excavation and backfill, site drainage, building foundations, pavements, and concrete slabs-on-grade. All recommendations from the site-specific report shall be incorporated by the project proponent into final design plans for future construction, subject to review of the City Engineer prior to construction activities.
Impact GEO-2: Soil
Erosion.
Mitigation Measure 3.7-4: In order to reduce wind and water erosion, an erosion control plan and/or Storm Water Pollution Prevention Plan shall be prepared for the site preparation, construction, and postconstruction periods by the project proponent. The erosion control plan shall incorporate best management practices consistent with the requirements of the National Pollution Discharge Elimination System (NPDES). The following measures shall be implemented, where appropriate, to control erosion:
1) keep construction machinery off of established vegetation as much as possible, especially the vegetation on the upwind side of the construction site;
2) establish specific access routes at the planning phase of the project, and limits of grading prior to development, which should be strictly observed;
3) utilize mechanical measures (i.e. walls from sand bags and/or wooden slat or fabric fences) to reduce sand movement;
4) immediate revegetation (plus the use of temporary stabilizing sprays), to keep sand movement to a minimum; and
5) for larger-scale construction, fabric or wooden slat fences should be placed around the construction location to reduce sand movement.
City Engineer,
Project
Applicant,
Construction
Contractor,
Landscape
Architect
Prior to
approval of
final design
plans
City
Engineer,
Project
Applicant,
Construction
Contractor
155
Item A.
October 2023 A-14 Housing Element Update
City of Del Rey Oaks Final EIR
Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
The erosion control plan and Storm Water Pollution Prevention Plan shall be incorporated into final design plans by the project proponent and submitted to the City Engineer for approval prior to approval of final design plans.
Mitigation Measure 3.7-5: Areas disturbed by grading shall be stabilized with adequate landscaping vegetative cover. A re-vegetation and landscaping plan shall be prepared by a landscape architect with experience in working with the type of soils that are characteristic of the site. The project proponent shall be responsible for retaining a landscape professional and for incorporating the landscaping plan into final design plans.
Mitigation Measure 3.7-6: All drainage from improved surfaces shall be captured by closed pipe or lined ditches and carried to neighborhood storm sewers or natural drainages. At no time shall any concentrated discharge be allowed to spill directly onto the ground adjacent to structures or to fall directly onto steep slopes.
Impact GEO-4:
Expansive Soil.
Mitigation Measure 3.7-7: In order to minimize potential safety risks associated with seismic hazards and on-site soils, a design-level geotechnical analysis by a registered engineer shall be prepared prior to the issuance of any grading and/or building permit. The design-level analysis shall address site preparation measures and foundation design requirements appropriate for on-site soils. The design-level analysis shall be approved by the City of Del Rey Oaks Engineer and Consulting Building Inspector prior to the issuance of any grading and/or building permit. Final design-level project plans shall be designed in accordance with the approved geotechnical analysis.
City Engineer,
Building
Inspector,
Project
Applicant
Prior to
issuance of any
grading and/or
building
permit
City
Engineer,
Project
Applicant,
Construction
Contractor
156
Item A.
October 2023 A-15 Housing Element Update
City of Del Rey Oaks Final EIR
Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
Hazards and Hazardous Materials
Impact HAZ-1:
Routine Transport,
Use, or Disposal of
Hazardous
Materials.
Impact HAZ-4:
Hazardous
Materials Site.
Mitigation Measure 3.9-1: Prior to approval of residential development plans on the project area, environmental agencies, including the Army, and the state lead regulatory agency, DTSC, shall confirm that the clearances to be conducted and those conducted to date together with approved remedial actions, as required, will be sufficient to allow the Former Fort Ord site to be developed for residential reuse.
Residential use for the specified areas identified herein will be prohibited until the landowner provides advance notification to the Army, EPA, and DTSC of its intent to change a designated area’s use to residential, and until DTSC concurs that residential use is appropriate.
DTSC’s evaluation may consider the Residential Protocol or further site evaluation incorporating new information (e.g., geophysical mapping, site development).
Environmental
agencies
(including
Army, EPA and
DTSC), City of
Del Rey Oaks
Prior to
approval of
final plans
Environment
al
agencies
(including
Army,
EPA and
DTSC)
Hydrology and Water Quality
Impact HYD-1:
Surface Water
Quality Standards
and Waste
Discharge
Requirements,
Alteration of
Stormwater
Drainage Pattern,
and Conflicting or
Obstructing with
Plans.
Mitigation Measure 3.10-1: Prior to construction, further analysis shall be completed to confirm that proposed drainage facilities such as storm drains, pipes and future engineered drainage basins to retain or detain waters, (such as retention basins/detention basins) have the capacity to contain runoff from a 100-year storm event, subject to the review and approval of the City Consulting Engineer. Project
Applicant, City
Engineer
Prior to
issuance of a
grading permit
City Engineer
157
Item A.
October 2023 A-16 Housing Element Update
City of Del Rey Oaks Final EIR
Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
Transportation
Impact TR-2:
Vehicle Miles
Travelled.
Mitigation Measure 3.16-1: Future development projects shall maintain bicycle, pedestrian, and public transit access during construction and provide bicycle storage facilities at all residential developments. All future development would be subject to and implement City guidelines and General Plan policies applicable to transit, bicycle, and pedestrian facilities. Specifically, any modifications or new transit, bicycle, and pedestrian facilities would be subject to and designed in accordance with all applicable General Plan policies.
Project
Applicant
Prior to
approval of
final project
plans.
City of Del
Rey Oaks,
Project
Applicant
158
Item A.