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Exhibit M-4 - Mitigation Monitoring and Reporting Program

Fresno City Council
July 25, 2024

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Exhibit M-4 - Mitigation Monitoring and Reporting Program
Meeting
July 25, 2024
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Fresno City Council
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Exhibit M-4
1 Mitigation Measure Monitoring Program for
Vesting Tentative Tract Map No. 6360
T
his Mitigation Monitoring and Reporting Program (MMRP) was formulated based upon the findings of the Initial Study (IS) and Environmental Impact Report (EIR) prepared for the proposed Vesting Tentative Tract Map No. 6360 (project). The MMRP, which is found in Table A of this section, lists mitigation measures recommended in the IS and EIR for the proposed project and identifies mitigation monitoring requirements.

T
his MMRP has been prepared to comply with the requirements of State law (Public Resources Code Section 21081.6). State law requires the adoption of an MMRP when mitigation measures are required to avoid significant impacts. This requirement facilitates implementation of all mitigation measures adopted through the California Environmental Quality Act (CEQA) process. The MMRP is intended to ensure compliance during implementation of the project.

T
he MMRP is organized in a matrix format. The first column identifies the mitigation measure. The second column, entitled “Timing for Mitigation Measure,” refers to the implementation and schedule of mitigation measures. The third column, entitled “Mitigation Responsibility,” refers to the party responsible for implementing the mitigation measure. The fourth column, entitled “Monitoring/Reporting Agency,” refers to the agency responsible for oversight or ensuring that the mitigation measure is implemented.

The fifth column, entitled “Verification,” will be initialed and dated by the individual designated to verify adherence to the project specific mitigation, when the mitigation measure is completed.
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3 Table A: Mitigation Monitoring and Reporting Program

MITIGATION MEASURE
Timing for
Mitigation
Measure
Mitigation
Responsibility
Monitoring/
Reporting
Agency
Verification
(Initials
and Date)
I. AESTHETICS
Mitigation Measure AES-1: Lighting systems for street
and parking areas shall include shields to direct light to the roadway surfaces and parking areas. Vertical shields on the light fixtures shall also be used to direct light away from adjacent light sensitive land uses such as
residences.

Prior to
issuance of
building
permits
Project
Applicant
Public Works
Department
(PW) and
Planning and
Development

Mitigation Measure AES-2: Lighting systems for public
facilities such as active play areas shall provide
adequate illumination for the activity; however, low
intensity light fixtures and shields shall be used to
minimize spillover light onto adjacent properties.

Prior to
issuance of
building
permits
Project
Applicant
Planning and
Development

Mitigation Measure AES-3: Lighting systems for
freestanding signs shall not exceed 100 foot Lamberts
(FT-L) when adjacent to streets which have an average
light intensity of less than 2.0 horizontal footcandles and shall not exceed 500 FT-L when adjacent to streets
which have an average light intensity of 2.0 horizontal footcandles or greater.

Prior to
issuance of
building
permits
Project
Applicant
Planning and
Development

Mitigation Measure AES-4: Materials used on building
facades shall be non-reflective.

Prior to
issuance of
building
permits
Project
Applicant
Planning and
Development

II. AGRICULTURE AND FORESTRY RESOURCES
There are no significant impacts to Agriculture and Forestry Resources.

III. AIR QUALITY
4 Table A: Mitigation Monitoring and Reporting Program

MITIGATION MEASURE
Timing for
Mitigation
Measure
Mitigation
Responsibility
Monitoring/
Reporting
Agency
Verification
(Initials
and Date)
Mitigation Measure AIR-2: Consistent with SJVAPCD
Regulation VIII (Fugitive PM10 Prohibitions), the
following controls are required to be included as
specifications for the proposed project and implemented at the construction site:
• All disturbed areas, including storage piles, which are not being actively utilized for construction purposes,
shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with
a tarp or other suitable cover or vegetative ground
cover.
• All on-site unpaved roads and off-site unpaved
access roads shall be effectively stabilized of dust
emissions using water or chemical
stabilizer/suppressant.
• All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust
emissions utilizing application of water or by
presoaking.
• When materials are transported off-site, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least 6 inches of freeboard
space from the top of the container shall be
maintained.

Prior to
issuance of
grading
permits,
during
project
construction
Construction
Contractor
Planning and
Development

5 Table A: Mitigation Monitoring and Reporting Program

MITIGATION MEASURE
Timing for
Mitigation
Measure
Mitigation
Responsibility
Monitoring/
Reporting
Agency
Verification
(Initials
and Date)
• All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public
streets at the end of each workday. (The use of dry
rotary brushes is expressly prohibited except where
preceded or accompanied by sufficient wetting to
limit the visible dust emissions. Use of blower
devices is expressly forbidden.)
• Following the addition of materials to, or the removal of materials from, the surface of out-door storage
piles, said piles shall be effectively stabilized of
fugitive dust emission utilizing sufficient water or
chemical stabilizer/suppressant.

Mitigation Measure AIR-3: During construction of the
proposed project, the project contractor shall ensure all off-road diesel-powered construction equipment of 50
horsepower or more used for the project construction at a minimum meets the California Air Resources Board
Tier 3 emissions standards equipped with Level 3 diesel particulate filters or equivalent.

During
project
construction
Construction
Contractor
Planning and
Development

IV. BIOLOGICAL RESOURCES
There are no significant impacts to Biological Resources.

V. CULTURAL RESOURCES
Mitigation Measure CUL-1: If previously unknown
resources are encountered before or during grading
activities, construction shall stop in the immediate
Prior to and
during
construction
Construction
contractor,
qualified
Planning and
Development

6 Table A: Mitigation Monitoring and Reporting Program

MITIGATION MEASURE
Timing for
Mitigation
Measure
Mitigation
Responsibility
Monitoring/
Reporting
Agency
Verification
(Initials
and Date)
vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the
resource requires further study. The qualified historical resources specialist shall make recommendations to the
City on the measures that shall be implemented to
protect the discovered resources, including but not
limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the State
CEQA Guidelines and the City’s Historic Preservation
Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the State CEQA Guidelines, measures shall be identified by the monitor and recommended to the Lead Agency.

Appropriate measures for significant resources could
include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery
excavations of the finds.

No further grading shall occur in the area of the
discovery until the Lead Agency approves the measures
to protect these. Any historical artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long- term preservation to allow future scientific study.
activities historical
resources
specialist
Mitigation Measure CUL-2: Subsequent to a
preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed
Prior to and
during
construction
activities
Construction
contractor,
qualified
archaeologist
Planning and
Development

7 Table A: Mitigation Monitoring and Reporting Program

MITIGATION MEASURE
Timing for
Mitigation
Measure
Mitigation
Responsibility
Monitoring/
Reporting
Agency
Verification
(Initials
and Date)
soils, a field survey and literature search for prehistoric archaeological resources shall be conducted. The
following procedures shall be followed:
• If prehistoric resources are not found during either
the field survey or literature search, excavation
and/or construction activities can commence. In the
event that buried prehistoric archaeological
resources are discovered during excavation and/or
construction activities, construction shall stop in the immediate vicinity of the find and a qualified
archaeologist shall be consulted to determine
whether the resource requires further study. The
qualified archaeologist shall make recommendations
to the City on the measures that shall be
implemented to protect the discovered resources,
including but not limited to excavation of the finds
and evaluation of the finds in accordance with State
CEQA Guidelines Section 15064.5. If the resources
are determined to be unique prehistoric
archaeological resources as defined under Section
15064.5 of the State CEQA Guidelines, mitigation
measures shall be identified by the monitor and
recommended to the Lead Agency. Appropriate
measures for significant resources could include
avoidance or capping, incorporation of the site in
green space, parks, or open space, or data recovery
excavations of the finds. No further grading shall
occur in the area of the discovery until the Lead
8 Table A: Mitigation Monitoring and Reporting Program

MITIGATION MEASURE
Timing for
Mitigation
Measure
Mitigation
Responsibility
Monitoring/
Reporting
Agency
Verification
(Initials
and Date)
Agency approves the measures to protect these
resources. Any prehistoric archaeological artifacts
recovered as a result of mitigation shall be provided
to a City-approved institution or person who is
capable of providing long-term preservation to allow
future scientific study.
• If prehistoric resources are found during the field
survey or literature review, the resources shall be
inventoried using appropriate State record forms and
submit the forms to the Southern San Joaquin Valley
Information Center. The resources shall be evaluated
for significance. If the resources are found to be
significant, measures shall be identified by the
qualified archaeologist. Similar to above, appropriate
mitigation measures for significant resources could
include avoidance or capping, incorporation of the
site in green space, parks, or open space, or data
recovery excavations of the finds. In addition,
appropriate mitigation for excavation and
construction activities in the vicinity of the resources found during the field survey or literature review shall include an archaeological monitor. The monitoring
period shall be determined by the qualified
archaeologist. If additional prehistoric archaeological resources are found during excavation and/or
construction activities, the procedure identified above for the discovery of unknown resources shall be
followed.

9 Table A: Mitigation Monitoring and Reporting Program

MITIGATION MEASURE
Timing for
Mitigation
Measure
Mitigation
Responsibility
Monitoring/
Reporting
Agency
Verification
(Initials
and Date)
Mitigation Measure CUL-3: In the event that human
remains are unearthed during excavation and grading
activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety
Code Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary
findings as to origin and disposition pursuant to PRC
Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission
(NAHC). The NAHC shall then contact the most likely
descendent of the deceased Native American, who shall
then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the
discovery of Native American remains, the landowner
shall ensure that the immediate vicinity, according to
generally accepted cultural or archaeological standards or practices, where the Native American human remains
are located is not damaged or disturbed by further
development activity until the landowner has discussed
and conferred with the most likely descendants
regarding their recommendations, if applicable, taking
into account the possibility of multiple human remains.

The landowner shall discuss and confer with the
descendants all reasonable options regarding the
descendants' preferences for treatment.

During
construction
activities
Construction
contractor
Planning and
Development

VI. ENERGY
There are no significant impacts to Energy.
10 Table A: Mitigation Monitoring and Reporting Program

MITIGATION MEASURE
Timing for
Mitigation
Measure
Mitigation
Responsibility
Monitoring/
Reporting
Agency
Verification
(Initials
and Date)
VII. GEOLOGY AND SOILS
Mitigation Measure GEO-1: Subsequent to a
preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed
soils, a field survey and literature search for unique
paleontological/geological resources shall be conducted.

The following procedures shall be followed:
• If unique paleontological/geological resources are not found during either the field survey or literature
search, excavation and/or construction activities can
commence. In the event that unique
paleontological/geological resources are discovered
during excavation and/or construction activities,
construction shall stop in the immediate vicinity of the find and a qualified paleontologist shall be consulted
to determine whether the resource requires further
study. The qualified paleontologist shall make
recommendations to the City on the measures that
shall be implemented to protect the discovered
resources, including but not limited to, excavation of
the finds and evaluation of the finds. If the resources are determined to be significant, mitigation measures
shall be identified by the monitor and recommended
to the Lead Agency. Appropriate mitigation measures
for significant resources could include avoidance or
capping, incorporation of the site in green space,
parks, or open space, or data recovery excavations
Prior to and
during
construction
activities
Construction
contractor,
qualified
paleontologist
Planning and
Development

11 Table A: Mitigation Monitoring and Reporting Program

MITIGATION MEASURE
Timing for
Mitigation
Measure
Mitigation
Responsibility
Monitoring/
Reporting
Agency
Verification
(Initials
and Date)
of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the
measures to protect these resources. Any
paleontological/geological resources recovered as a
result of mitigation shall be provided to a City‐
approved institution or person who is capable of
providing long-term preservation to allow future
scientific study.
• If unique paleontological/geological resources are
found during the field survey or literature review, the resources shall be inventoried and evaluated for
significance. If the resources are found to be
significant, mitigation measures shall be identified by the qualified paleontologist. Similar to above,
appropriate mitigation measures for significant
resources could include avoidance or capping,
incorporation of the site in green space, parks, or
open space, or data recovery excavations of the
finds. In addition, appropriate mitigation for
excavation and construction activities in the vicinity of the resources found during the field survey or
literature review shall include a paleontological
monitor. The monitoring period shall be determined
by the qualified paleontologist. If additional
paleontological/geological resources are found
during excavation and/or construction activities, the
12 Table A: Mitigation Monitoring and Reporting Program

MITIGATION MEASURE
Timing for
Mitigation
Measure
Mitigation
Responsibility
Monitoring/
Reporting
Agency
Verification
(Initials
and Date)
procedure identified above for the discovery of
unknown resources shall be followed.

VIII. GREENHOUSE GAS EMISSIONS
Refer to Mitigation Measure TRA-2 below. Prior to
issuance of
building
permits.

Project
Applicant
Public Works
Department
and Planning
and
Development
IX. HAZARDS AND HAZARDOUS MATERIALS
There are no significant impacts to Hazards and Hazardous Materials.

X. HYDROLOGY AND WATER QUALITY
There are no significant impacts to Hydrology and Water Quality.

XI. LAND USE AND PLANNING
There are no significant impacts to Land Use and Planning.

XII. MINERAL RESOURCES
There are no significant impacts to Mineral Resources.

XIII. NOISE
Mitigation Measure NOI-1: The project contractor shall
implement the following measures during construction of the project:

Prior to
issuance of
grading
permits and
during
Construction
contractor
Planning and
Development
13 Table A: Mitigation Monitoring and Reporting Program

MITIGATION MEASURE
Timing for
Mitigation
Measure
Mitigation
Responsibility
Monitoring/
Reporting
Agency
Verification
(Initials
and Date)
• Equip all construction equipment, fixed or mobile,
with properly operating and maintained mufflers
consistent with manufacturers’ standards.
• Place all stationary construction equipment so that
emitted noise is directed away from sensitive
receptors nearest the active project site.
• Locate equipment staging in areas that would create
the greatest possible distance between construction-
related noise sources and noise-sensitive receptors
nearest the active project site during all construction activities.
• Ensure that all general construction-related activities are restricted to between the hours of 7:00 a.m. and
10:00 p.m. Monday through Saturday. No
construction shall occur on Sunday.
• Designate a “disturbance coordinator” at the City who would be responsible for responding to any local
complaints about construction noise. The disturbance
coordinator would determine the cause of the noise
complaint (e.g., starting too early, bad muffler) and
would determine and implement reasonable
measures warranted to correct the problem.

project
construction
XIV. POPULATION AND HOUSING
There are no significant impacts to Population and Housing. 14 Table A: Mitigation Monitoring and Reporting Program

MITIGATION MEASURE
Timing for
Mitigation
Measure
Mitigation
Responsibility
Monitoring/
Reporting
Agency
Verification
(Initials
and Date)
XV. PUBLIC SERVICES
There are no significant impacts to Public Services.

XVI. RECREATION
There are no significant impacts to Recreation.

XVII. TRANSPORTATION
Mitigation Measure TRA-2: Pursuant to the California
Air Pollution Control Officers Association’s “Handbook
for Analyzing Greenhouse Gas Emission Reductions,
Assessing Climate Vulnerabilities, and Advancing Health and Equity”, the following design element shall be
implemented:

• The project would provide an internal circulation
network in the project site to increase street
connectivity.
• The project would provide pedestrian improvements
like sidewalks both internally in the project site and
along the project frontage to improve pedestrian
access to the site.
• The project would provide a 25-foot-wide easement
for bicycle and pedestrian infrastructure for the
construction of a Class I Bike Path on East McKinley
Avenue, pursuant to the City’s ATP.

Prior to
issuance of
building
permits.

Project
Applicant
Public Works
Department
and Planning
and
Development

15 Table A: Mitigation Monitoring and Reporting Program

MITIGATION MEASURE
Timing for
Mitigation
Measure
Mitigation
Responsibility
Monitoring/
Reporting
Agency
Verification
(Initials
and Date)
• In coordination with the CUSD, the Project Applicant
would aid the establishment of a Community Funded
Bus Run program in the project site per Clovis Unified
Board Policy and Administrative Regulation #8301.

XVII. TRIBAL CULTURAL RESOURCES
Refer to Mitigation Measures CUL-1, CUL-2, and CUL-3
above.

Prior to and
during
construction
activities
Construction
contractor,
qualified
archaeologist,
qualified
historical
resources
specialist
Planning and
Development

XIX. UTILITIES AND SERVICE SYSTEMS
There are no significant impacts to Utilities and Service Systems.

XX. WILDFIRE
There are no significant impacts to Wildfire.

XXI. MANDATORY FINDINGS OF SIGNIFICANCE
There are no significant impacts related to Mandatory Findings of Significance.

Source: LSA (May 2024).

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