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(A) Resolution No. 2023-15

Gonzales City Council
May 15, 2023

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(A) Resolution No. 2023-15
Meeting
May 15, 2023
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Gonzales City Council
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2
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Text extracted from the city's file for reading and search. Open the original on gonzalesca.iqm2.com. That file is the official record.

RESOLUTION NO. 2023-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

ADOPTING THE GLORIA ROAD AGRICULTURAL COOLER PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (SCH #2023030377) AND

ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) WHEREAS, the City of Gonzales received an application for a proposed annexation of

44.8 acres, along with the request to develop a 313,800 square-foot industrial agricultural processing facility in a location along Gloria Road within the Sphere of Influence; and WHEREAS, the City of Gonzales is the lead agency for the purposes of conducting environmental review of the proposed Gonzales Cooler Development Project under the California Environmental Quality Act (CEQA), and, as lead agency, has caused to be prepared an Initial Study and Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and related Guidelines (Title 14 California Code of Regulations, Section 15000 et seq.), as Exhibit A; and WHEREAS, the IS/MND was circulated for public review and comment for 30 days between March 15, 2023, and April 13, 2023, in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and related Guidelines (Title 14 California Code of Regulations, Section 15000 et seq.); and WHEREAS, a Mitigation Monitoring Reporting Program was prepared as required under CEQA (Public Resources Code Section 21083 and CEQA Guidelines Section 15074(d)) to ensure that all significant environmental impacts are mitigated or avoided, attached by reference as Exhibit B; and
WHEREAS, the City received public comments on the CEQA document during the review process, which are attached by reference as Exhibit C; and WHEREAS, the IS/MND determined that implementation of the Project has the potential to generate significant environmental impacts that could be reduced to a less-than-significant level with full implementation of mitigation measures as recommended in the document; and that potentially significant environmental impacts that can be reduced through the implementation of mitigation measures include the following: agricultural resources (agricultural mitigation); air quality (short-term construction emissions and nuisance odors); biological resources (e.g., habitat alteration); cultural resources (archaeological); greenhouse gas emissions; and health hazards; and WHEREAS, on April 24, 2023, the Planning Commission, conducted a noticed public hearing to consider the adequacy of the IS/MND and all comments received, the MMRP, and considered the Staff Report and oral report for the IS/MND and adopted Resolution PC 2023-02 recommending adoption of the IS/MND and MMRP to the City Council; and

ATTACHMENT A
WHEREAS, on May 15, 2023, the City Council conducted a noticed public hearing to consider the adequacy of the IS/MND and all comments received, the MMRP, and considered the Staff Report and oral report for the IS/MND; and
WHEREAS, the City Council determines that the IS/MND for the Gloria Road Agricultural Cooler Development Project meets all CEQA requirements and constitutes a complete, comprehensive and adequate documentation of all environmental effects and impacts of the project and included appropriate and effective implementation measures and alternatives to reduce identified significant impacts.

NOW, THEREFORE BE IT RESOLVED, that the City Council, upon its independent judgment and analysis, resolves to adopt the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Reporting Program for the Gloria Road Agricultural Cooler project.

PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting duly noticed and held on the 15th day of May, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_______________________
Jose L. Rios, The Honorable Mayor
ATTEST:
__________________________
Mary Villegas, Deputy City Clerk
Click the link below to view
Exhibit A: Gonzales Cooler Project IS/MND
Mitigation Monitoring Program 1 EMC Planning Group
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Gloria Road Agricultural Cooler Project
Mitigation Monitoring and Reporting Program

1.1 Introduction
CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid or lessen significant environmental effects.

The program is to ensure compliance with mitigation measures during project implementation. In addition, monitoring provides a mechanism to evaluate the effectiveness of the mitigation measures.

Definitive project mitigation measures include enough detailed information and enforcement procedures to ensure compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures are implemented.

1.2 Monitoring and Reporting Program
The basis for this monitoring program is the mitigation measures included in the project mitigated negative declaration. The mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant. The mitigation measures become conditions of project approval, with which the project applicant is required to comply.

This checklist is to be used to monitor mitigation measure implementation It contains all mitigation measures in the mitigated negative declaration.

1.3 Monitoring and Reporting Program Procedures
The City of Gonzales will use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows:

1. The Gonzales Community Development Department should be responsible for coordinating the monitoring program, including the monitoring checklist. The Community Development Department should also be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring mitigation measures applicable to their area of interest or responsibility.

2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all Exhibit B: Mitigation Monitoring Program
Mitigation Monitoring Program 2 EMC Planning Group
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mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Community Development Department to be placed in the project file. If one or more mitigation measures have not been complied with, the monitoring checklist should not be returned to the Community Development Department.

3. The Gonzales Community Development Department will review the checklist to ensure that appropriate mitigation measures have been complied with at the appropriate time.

4. If a responsible individual or agency identifies a non-compliance issue, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Community Development Department, describing the non-compliance and requiring compliance within a specified period of time. If non-compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gonzales.

1.4 Monitoring and Reporting Checklist
Step 1 - Prior to Issuance of Grading Permits
AG-1 The applicant shall provide agricultural mitigation consistent with one or a combination of the agricultural mitigation options identified in the City’s draft agricultural mitigation program if the City has not formally adopted an agricultural mitigation program at the time the City considers approving the annexation, general plan amendment, and other projectspecific discretionary actions required for the proposed project. If formal adoption has occurred by that time, the applicant shall provide agricultural mitigation consistent with the adopted program. Draft program mitigation options currently include:
a. Offer easements on similar soils classified as prime farmland and farmland of statewide importance, proximate to Gonzales. Provide for the in-kind one-to-one (1:1) acquisition of agricultural mitigation easements, and the dedication of those mitigation easements to an agricultural land trust or other qualifying entity. Demonstrate that administrative and monitoring expenses for stewardship of the easement in perpetuity have been arranged; and/or
b. Purchase easements on similar soils classified as farmland and farmland of statewide importance, proximate to Gonzales. Provide for the in-kind direct purchase of an agricultural mitigation easement at a one-to-one (1:1) ratio and dedicate the easement to an agricultural land trust or other qualifying entity. Demonstrate that administrative and monitoring expenses for stewardship of the easement in perpetuity have been arranged; and/or
c. Purchase agricultural banked mitigation credits at a 1:1 ratio from a qualifying entity, or the City of Gonzales, if available; and/or
d. Pay a fee in-lieu to the City of Gonzales, or a qualifying entity (e.g., agricultural land trust) to accept fees in-lieu where the fee value is based on a 1:1 mitigation ratio, and the fee amount is independently appraised and sufficient and timely for the City or qualifying Exhibit B: Mitigation Monitoring Program
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entity to purchase equivalent agricultural mitigation easements and to fund administrative stewardship of the mitigation easements; and/or e. Implement another approach as approved by the City or combination of the above options, that:
i. Results in the preservation of agricultural land at a 1:1 ratio proximate to the City of Gonzales, or
ii. Includes new easements in areas targeted by the City as described in the 2014 MOA.

Priority areas for the City of Gonzales to establish new agricultural easements to perfect the Permanent Agricultural Edge per the 2014 MOA with the County of Monterey.

Party Responsible for Implementation: Applicant/Developer Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ AQ-1 To reduce dust emissions and TACs from grading and construction activities, the applicant shall prepare a Construction Management Plan for review and approval of the Community Development Director or his/her designate prior to issuance of a grading permit. The Construction Management Plan shall include the following language in all bid documents and grading and construction plans, with measures to be implemented by the project contractor:

1. All exposed surfaces (e.g., parking areas, staging area, soil piles, graded areas, and unpaved access roads) will be watered with non-potable water twice per day, at a minimum;

2. All haul trucks transporting soil, sand, or other loose material off-site will be covered;

3. All vehicle speeds on unpaved roads will be limited to 15 miles per hour;

4. All roadways, driveways, and sidewalks to be paved will be completed as soon as possible. Building pads will be laid as soon as possible after grading unless seeding or soil binders are used;

5. Idling times will be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations. Clear signage shall be provided for construction workers at all access points; Exhibit B: Mitigation Monitoring Program
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6. All construction equipment will be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation; and

7. Stage construction equipment and materials as far away from residential land uses to the extent feasible.

8. Heavy-duty diesel vehicles will have 2010 or newer model year engines, in compliance with the California Air Resources Board’s Truck and Bus Regulation, and will not be staged within 500 feet of occupied residences; and

9. All non-road diesel construction equipment will, at a minimum, meet Tier 3 emission standards listed in the Code of Federal Regulations Title 40, Part 89, Subpart B, Section

89.112. Further, where feasible, construction equipment will use alternative fuels such as compressed natural gas, propane, electricity or biodiesel.

Party Responsible for Implementation: Applicant/Developer Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ BIO-1 Prior to ground disturbance at the project site or off-site improvement locations, a biologist qualified in botany shall conduct a focused survey for Congdon’s tarplant in accordance with current CDFW and CNPS rare plant survey protocols (CDFW 2018 and CNPS 2001). The survey shall occur during the peak blooming period for this species to determine its presence or absence (typically August through September). If possible, a known reference population of the target species in the project vicinity shall first be visited to verify that the species is observable, and the focused survey shall be conducted within two weeks of observing the reference population in full bloom.

The biologist shall then prepare a brief report documenting the results of the survey and, if appropriate, propose measures for avoiding or minimizing possible impacts to Congdon’s tarplant before and during construction, as included below. If the focused survey concludes the species is not present within the project site boundary or at off-site improvement locations, or if it is present but impacts to it can be completely avoided, then no mitigation would be required.

Exhibit B: Mitigation Monitoring Program
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If the focused surveys identify Congdon’s tarplant within the project site boundary or at offsite improvement locations and it would be affected by the proposed project, then appropriate mitigation shall be developed by the biologist and implemented by the applicant prior to issuance of a grading permit. Measures may include, but are not limited to:
a. A qualified biologist shall identify an on-site or off-site mitigation area suitable for restoration of habitat and seed transplantation for this annual herb. The applicant shall be responsible for the placement of a conservation easement over the mitigation area and the provision of funds to ensure the restoration of the mitigation area and its preservation in perpetuity.
b. Prior to approval of a grading permit, a qualified biologist or native plant specialist shall perform seed collection from all special-status plants located within the impact areas and implement seed installation at the mitigation area at the optimal time.

Additionally, topsoil from the special-status species occurrence area(s) shall be salvaged (where practical) for use in the mitigation area.
c. A maintenance and monitoring program shall be developed by a qualified biologist and established for a minimum of five years after mitigation area installation to verify that restoration activities have been successful. Maintenance activities may include, but not be limited to, watering during the plant establishment period, supplemental seed planting as needed, and removal of non-native plants. Monitoring shall include, at a minimum, quarterly monitoring reports for the first year and annual reports for the remaining four years. The performance standard for successful mitigation shall be a minimum 3:1 replacement ratio (i.e., three plants observed in mitigation area for each plant lost from the project site or off-site locations) achieved in at least one of the five years of monitoring.

Party Responsible for Implementation: Applicant/Developer Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ BIO-2 Prior ground disturbance at the project site or off-site improvement locations, a qualified biologist shall conduct a training session for all construction personnel. At a minimum, the training shall include a description of special-status species potentially occurring in the project vicinity, including, but not limited to, California tiger salamander, burrowing owl, and nesting birds and raptors. Their habitats, general measures that are being implemented to Exhibit B: Mitigation Monitoring Program
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conserve species as they relate to the project, and the boundaries within which construction activities will occur will be explained. Informational handouts with photographs clearly illustrating the species’ appearances shall be used in the training session. All new construction personnel shall undergo this mandatory environmental awareness training.

The qualified biologist will train biological monitors selected from the construction crew by the construction contractor (typically the project foreman). Before the start of work each day, the monitor will check for animals under any equipment such as vehicles and stored pipes within active construction zones. The monitor will also check all excavated steepwalled holes or trenches greater than one foot deep for trapped animals. If a special-status species is observed within an active construction zone, the qualified biologist will be notified immediately and all work within 50 feet of the individual will be halted and all equipment turned off until the individual has left the construction area.

Evidence of completion of this training shall be submitted to City of Gonzales Community Development Department prior to ground disturbance.

Party Responsible for Implementation: Applicant/Developer Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ BIO-3 Prior to ground disturbance, the applicant shall initiate consultation with the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife to determine the appropriate path forward for a construction project within the immediate vicinity of known hybridized (Ambystoma californiense X Ambystoma tigrinum) salamander populations.

If determined necessary during consultation, the applicant shall hire a qualified biologist to collect genetic samples of salamanders occupying agricultural detention basins or ponds within or adjacent to the project site and off-site improvement locations at least once per month in March, April, and May. The DNA shall then be analyzed to determine the genetic composition of the samples. If no salamanders are found, no further mitigation other than construction personnel training (Mitigation Measure 2) is necessary.

If salamanders are found, the applicant shall submit the results of the genetic analysis to U.S.

Fish and Wildlife Service and the California Department of Fish and Wildlife and obtain Incidental Take Authorization from the U.S. Fish and Wildlife Service and/or California Exhibit B: Mitigation Monitoring Program
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Department of Fish and Wildlife, if necessary. Applications for Incidental Take Authorization require the identification of measures suitable to avoid, minimize, or mitigate impacts to the species and its habitat. In addition to protective measures implemented during construction specified in the permits, mitigation for the loss of breeding, aestivation, and/or dispersal habitat will also be a part of the permit requirements. The appropriate method of conservation and number of credits required will be determined during the consultation process.

Documentation of compliance with this measure shall be submitted to the City of Gonzales Community Development Department prior to ground disturbance.

Party Responsible for Implementation: Applicant/Developer Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ BIO-4 To avoid loss of or harm to burrowing owl, the following measures shall be implemented:
a. Prior to ground disturbance within the project site or at off-site improvement locations, the applicant shall retain a biologist qualified in ornithology to conduct surveys for burrowing owl. The qualified biologist shall conduct a two-visit (i.e., morning and evening) presence/absence survey at areas of suitable habitat on and adjacent to the project site boundary, and at off-site improvement locations, no less than 14 days prior to the start of construction or ground disturbance activities. Surveys shall be conducted according to the methods for take avoidance described in the Burrowing Owl Survey Protocol and Mitigation Guidelines (California Burrowing Owl Consortium 1993) and the Staff Report on Burrowing Owl Mitigation (CDFW 2012).

If no burrowing owls are found, a letter report confirming absence shall be prepared and submitted to the City of Gonzales Community Development Department and no further measures are required.
b. Because burrowing owls occupy habitat year-round, seasonal no-disturbance buffers, as outlined in the Burrowing Owl Survey Protocol and Mitigation Guidelines (California Burrowing Owl Consortium 1993) and the Staff Report on Burrowing Owl Mitigation (CDFW 2012), shall be in place around occupied habitat prior to and during any ground disturbance activities. The following table includes buffer areas based on the time of year and level of disturbance (CDFW 2012), unless a qualified biologist approved by the California Department of Fish and Wildlife verifies through nonExhibit B: Mitigation Monitoring Program Mitigation Monitoring Program 8 EMC Planning Group
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invasive measures that either: 1) birds have not begun egg laying and incubation; or 2) that juveniles from the occupied burrows are foraging independently and are capable of independent survival.

Location Time of Year Level of Disturbance Buffers (meters) Low Med High
Nesting Sites April 1 – Aug 15 200 m 500 m 500 m
Nesting Sites Aug 16 – Oct 15 200 m 200 m 500 m
Nesting Sites Oct 16 – Mar 31 50 m 100 m 500 m
Party Responsible for Implementation: Applicant/Developer Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ BIO-6 Prior to initiation of ground disturbance or construction activities that affect the drainage ditch that traverses the project site, the drainage ditch along the south side of Gloria Road that could be affected by Gloria Road widening construction activities, and the drainage ditches that would be affected by constructing either off-site water main alignment, the applicant will retain a qualified biologist to determine the extent of potential wetlands and waterways regulated by the United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW).

If the USACE claims jurisdiction, the applicant shall obtain a Clean Water Act Section 404 Nationwide Permit. If the impacts to the drainage ditches do not qualify for a Nationwide Permit, the applicant will proceed in obtaining an Individual Permit from the USACE. The applicant will then coordinate with the RWQCB to obtain a Clean Water Act Section 401 Water Quality Certification. If necessary, the applicant will coordinate with the CDFW to obtain a Streambed Alteration Agreement.

To compensate for temporary and/or permanent impacts to wetlands and Waters of the U.S. that would be impacted as a result of the proposed project, mitigation shall be provided as required by the regulatory permits. Mitigation would be provided through one of the following mechanisms:

Exhibit B: Mitigation Monitoring Program
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a. A Wetland Mitigation and Monitoring Plan shall be developed that outlines mitigation and monitoring obligations for temporary impacts to wetlands and other waters as a result of construction activities. The Wetland Mitigation and Monitoring Plan would include thresholds of success, monitoring and reporting requirements, and site-specific plans to compensate for wetland losses resulting from the project. The Wetland Mitigation and Monitoring Plan shall be submitted to the appropriate regulatory agencies for review and approval during the permit application process. b. To compensate for permanent impacts, the purchase and/or dedication of land to provide suitable wetland restoration or creation shall ensure a no net loss of wetland values or functions. If restoration is available and feasible, a minimum 1:1 impact to mitigation ratio would apply to projects for which mitigation is provided in advance.

For improvements on the project site or off-site improvement locations, the applicant shall comply with terms and conditions of the permits, including measures to protect and maintain water quality, restore work sites, and mitigation to offset temporary and/or permanent wetland impacts. The applicant shall be responsible for implementation of this mitigation measure prior to issuance of a grading permit.

Party Responsible for Implementation: Applicant/Developer Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ HAZ-1 Prior to the issuance of a grading permit, the applicant shall prepare a Phase I Environmental Site Assessment to determine the potential for or actual presence of hazardous material conditions, including agricultural chemical residues, in all locations that would be disturbed to construct the project, including off-site improvement locations. The applicant shall report the results of the Phase I Environmental Assessment to the Community Development Director prior to issuance of a grading permit. If potential or actual hazardous materials conditions are identified that require preparation of a Phase II Environmental Site Assessment, the applicant shall be responsible for conducting the assessment and shall submit the assessment to the Community Development Director for review. The applicant shall be responsible for implementing all recommendations and requirements for remediation of hazardous materials conditions identified therein, should such conditions be identified. Hazardous materials removed from the site shall be managed consistent with regulations contained in the California Code of Regulations, Title 22 Exhibit B: Mitigation Monitoring Program
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Division 4.5. Certification that remediation actions have been completed shall be provided to the City of Gonzales Community Development Director prior to issuance of a grading permit.

Party Responsible for Implementation: Applicant/Developer Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ Step 2 - Prior to Issuance of a Building Permit
AES-1 The applicant shall revise the proposed Site Lighting Diagram/Photometric Study to ensure that no facility lighting will create light splay onto land located outside the eastern fence line of the cooler facility fence line on to land that will remain designated Neighborhood Residential in the general plan. In general, the lighting design shall be designed to prioritize directing lighting away from all adjacent land to the east of the facility fence line for this purpose. Prior to approval of a building permit, the applicant shall submit the revised Site Lighting Diagram/Photometric Study for review and approval of the Community Development Director to ensure compliance with this mitigation.

Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ GHG-1 Prior to issuance of a building permit for the proposed project, the applicant shall prepare a Greenhouse Gas (GHG) Reduction Plan. The GHG Reduction Plan shall demonstrate, with substantial evidence, that GHG emissions will be reduced to the year 2030 service population threshold of significance of 0.64 MT CO2e per year per service population. This would require that the project emissions of 1,960.4 CO2e per year be reduced by 1,678.60 MT CO2e per year to 281.80 MT CO2e per year.

Exhibit B: Mitigation Monitoring Program
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The GHG Reduction Plan shall prioritize on-site GHG reduction design features and/or other project specific measures. One such on-site measure that shall be included is to meet the voluntary Tier 2 electric vehicle performance standards for non-residential development included in effect at the time a building permit is issued (currently the 2022 California Green Building Code). For projects with 201 or more parking spaces, 20 percent of the total must be electric vehicle capable spaces, and 25 percent of the electric vehicle capable spaces must include electric vehicle supply equipment.

In addition to one or more of the on-site project design/project specific measures, the applicant may include in the Reduction Plan and take credit for GHG reductions resulting from making direct investments in off-site GHG reduction activities and/or programs in the vicinity. Examples of direct investments include building retrofit programs that pay for cool roofs, solar panels, solar water heaters, smart meters, energy efficient lighting energy efficient windows, and insulation. Other examples include financing programs for installing electric vehicle charging stations, electrifying school buses, and/or planting local urban forests.

The applicant shall retain a qualified air quality/GHG professional to quantify the GHG reductions that would result from implementing the Reduction Plan based on substantial evidence to be included in the Reduction Plan. The GHG reduction measures should be implemented even if their implementation would result in a GHG reduction, but the reduction cannot be reliably quantified. The GHG emissions reduction volume resulting from implementing the Reduction Plan measures may then be subtracted from the required 1,678.60 MT CO2e per year reduction volume in order to reduce or avoid the significant GHG impact.

If the GHG emissions reductions from implementing the GHG Reduction Plan are insufficient to reduce project emissions by a minimum of 1,678.60 MT CO2e per year or more, the applicant may secure the balance of the required GHG emissions reduction volume by purchasing and retiring voluntary carbon offset credits (not credits created for transactions in California’s regulatory Cap and Trade Program). The carbon offset credits shall meet the following performance standards:
▪ Carbon offset credits shall be issued by a recognized, reputable and accredited registry that mandates the use of established protocols for quantifying and issuing the offset credits. Credits issued based on protocols approved by CARB should be prioritized.

Examples of such registries include the Climate Action Reserve, American Carbon Registry, and Vierra.
▪ In order of priority, the carbon offset credits should be obtained from projects developed in local vicinity/region, the state, national, or international projects. Priority is on offset credits available through registries approved by CARB. Credits from projects developed internationally should not be used unless the applicant demonstrates with substantial evidence that sufficient carbon offsets from projects in vicinity/region, Exhibit B: Mitigation Monitoring Program
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state, or U.S. are unavailable. International offsets must be quantified and issued using established protocols that are recognized in the United States and that are issued by recognized, reputable and accredited registries.
▪ All carbon offset credits purchased to reduce GHG emissions, must meet the criteria of being real, quantifiable, permanent, verifiable, enforceable, and additional, consistent with the standards set forth in Health and Safety Code section 38562, subdivisions (d)(1) and (d)(2).

Prior to the City issuing a building permit for the proposed project, the applicant shall submit the GHG Reduction Plan for review and approval of the Community Development Director. The Reduction Plan shall demonstrate that GHG emissions from the project will be substantially reduced. If on-site design and off-site program investments do not result in reducing the GHG impact to less than significant, the applicant shall, prior to approval of an occupancy permit, provide documentation in the form of an executed contract or other certification that the balance of emissions reduction required has been obtained through purchase of carbon offset credits, subject to the performance standards listed above.

Party Responsible for Implementation: Applicant/Developer Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ N-1. The applicant shall implement one or a combination of measures to reduce noise levels along at the eastern fence line of the facility to City standards. The measure options include, but may not be limited to:
a. Construct a soundwall along the entire eastern facility fence line to a minimum height of 8.5‐feet above the receiver site elevation to reduce noise levels east of the eastern fence line by a minimum of 5 dB. The exact noise level reduction provided by the wall is dependent on the potential location of sensitive receptors within this area, with the respect to the wall. An 8.5‐foot sound wall would provide adequate noise attenuation at potential ground level outdoor activity at potential future, adjacent noise sensitive uses. Suitable construction materials include concrete blocks, masonry, or stucco on both sides of a wood or steel stud wall; and/or
b. Incorporate industrial types of sound attenuating enclosures, sound absorbing materials, or other appropriate localized sound attenuation measures to reduce noise levels at/near the individual processing equipment noise sources. The attenuation Exhibit B: Mitigation Monitoring Program
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measures and their effectiveness shall be selected in consultation with a qualified acoustical consultant to be retained by the applicant; and/or; c. Redesign the project site plan to locate noise‐producing equipment further from the eastern property line (e.g., along the south side of the facility).

If the applicant chooses to construct a soundwall, plans for the soundwall shall be included on the construction drawings and soundwall height and specifications confirmed by the City of Gonzales Building Department prior to issuance of a building permit. If “at source” noise reduction measures and/or site redesign options are pursued by the applicant, the applicant shall retain a qualified acoustical consultant to evaluate and demonstrate that measures have been selected which are sufficient to meet the City’s noise standards at the eastern facility fence line. The measures shall be included in the project plans for review and approval by the Community Development Director prior to issuance of a building permit. If a soundwall is constructed, it shall be completed prior to issuance of a building permit for any future project which places noise sensitive receptors within 350 feet of the eastern facility fence line.

Party Responsible for Implementation: Applicant/Developer Party Responsible for Monitoring: Building Official/Community Development Director Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ N-2 The applicant shall either construct a soundwall along the entire northern facility fence line (parcel boundary) or eliminate loading dock activities between 10:00 p.m. and 7:00 a.m. If the soundwall option is selected, it shall be constructed to a minimum height of 8.5‐feet above the receiver site elevation to reduce noise levels north of the northern facility fence line by a minimum of 5 dB. The exact noise level reduction provided by the wall is dependent on the potential location of sensitive receptors within this area, with the respect to the wall. An 8.5‐foot sound wall would reduce nighttime loading dock noise levels at the northern fence line to below City threshold by providing adequate noise attenuation at ground level outdoor activity areas of potential future, adjacent noise sensitive uses. Suitable construction materials include concrete blocks, masonry, or stucco on both sides of a wood or steel stud wall
If the applicant chooses to construct a soundwall, plans for the soundwall shall be included on the construction drawings and soundwall height and specifications confirmed by the City of Gonzales Building Department prior to issuance of a building permit. If a soundwall is Exhibit B: Mitigation Monitoring Program
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constructed, it shall be completed prior to issuance of a building permit for any future project which places noise sensitive receptors within 300 feet of the northern facility fence line. If the applicant choses to prohibit loading dock activities from 10:00 p.m. and 7:00 a.m., this shall be attached a condition of project approval by the Community Development Director prior to approval of a general plan amendment or a project-specific entitlement if one is required by the City.

Note: This mitigation may require implementation prior to approval of a project entitlement (Step 1) if the applicant chooses to limit loading dock activity hours) Party Responsible for Implementation: Applicant/Developer Party Responsible for Monitoring: Building Official/Community Development Director Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ Step 3 – During Construction
BIO-5 It is possible that birds may nest in locations other than actively farmed agricultural fields.

These locations could include the planned process water storage pond area and areas where planned off-site water main and sewer main alignments pass through non-actively farmed agricultural fields. To avoid impacts to nesting birds during the nesting season (January 15 through September 15), all construction activities in these areas should be conducted between September 16 and January 14, which is outside of the bird nesting season. If construction or project-related work is scheduled during the nesting season (February 15 to August 30 for small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), a qualified biologist shall conduct nesting bird surveys in these areas as follows.
a. Two surveys for active bird nests will occur within 14 days prior to start of construction, with the final survey conducted within 48 hours prior to construction.

Appropriate minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys will be conducted at the appropriate times of day to observe nesting activities.

Locations off the site to which access is not available, if any, may be surveyed from public areas. If no nesting birds are found, a letter report confirming absence shall be submitted to the City of Gonzales Community Development Department and no further mitigation is required.

Exhibit B: Mitigation Monitoring Program
Mitigation Monitoring Program 15 EMC Planning Group
Gloria Road Agricultural Cooler Project April 14, 2023
b. If the qualified biologist documents active nests, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of unusual or distressed behavior (e.g., defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist or construction foreman shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active. Once the absence of nesting birds has been confirmed, a letter report shall be submitted to the City of Gonzales Community Development Department.

Party Responsible for Implementation: Applicant/Developer Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ CUL-1 If archaeological resources are discovered during soil-disturbing activities, then work should be stopped within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, then appropriate mitigation measures will be formulated and implemented. The following language shall also be included on all project plans:
“If any archaeological resources are discovered during grading or construction, all work shall be immediately halted and appropriate personnel, including a qualified Native American representative, shall be contacted and consulted. Based on these consultations, appropriate measures shall be taken to protect the discovered resources, and only after such measures have been implemented shall grading or construction continue.” Party Responsible for Implementation: Applicant/Developer Party Responsible for Monitoring: Building Official/Community Development Director Exhibit B: Mitigation Monitoring Program
Mitigation Monitoring Program 16 EMC Planning Group
Gloria Road Agricultural Cooler Project April 14, 2023
Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ CUL-2 If human remains are found during construction activities, there will be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Monterey County is contacted to determine that no investigation of the cause of death is required.

If the coroner determines the remains to be Native American, the coroner will contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission will identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The most likely descendent may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in California Public Resources Code Section 5097.98.

The landowner or their authorized representative will rebury the Native American human remains and associated grave goods, with appropriate dignity, on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify the most likely descendent or the most likely descendent failed to make a recommendation within 48 hours after being allowed access to the site; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.

Party Responsible for Implementation: Applicant/Developer Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ Exhibit B: Mitigation Monitoring Program
LAFCOof Monterey County _

LOCAL AGENCY FORMATION COMMISSION OF MONTEREY COUNTY
March 31, 2023
Taven Kinison Brown, Community Development Director
Gonzales Community Development Department
147 Fourth Street, Gonzales, CA 93926 (via email)
Re: Gloria Road Agricultural Cooler Project Mitigated Negative Declaration Dear Mr. Kinison Brown,
LAFCO staff is writing to submit comments on the draft Mitigated Negative Declaration for this future development project. LAFCO received the City’s document on March 16, 2023. LAFCO is a CEQA responsible agency with regulatory responsibility for processing city boundary changes. We appreciate the project referral and the ongoing coordination between the City and LAFCO on this project and other potential future Gonzales annexation projects.

Project and Setting
The project site is currently unincorporated. The site is within the City’s sphere of influence as designated by LAFCO in 2014 and pursuant to the approved 2014 CityCounty memorandum of agreement (MOA) . The project includes annexation into the City of Gonzales for development to occur under City permitting authority.

The planned project is an approximately 320,000-square-foot agricultural cooling plant and related facilities. The project also includes development of a 4.1-acre pond for processing and storage of process water across Gloria Road to the south, on a parcel that is intended to remain in the unincorporated County. LAFCO staff has coordinated with County staff to inform them about this component of the project.

LAFCO encourages City representatives to consult with the County to confirm that the pond will be a permissible use under County land-use designations, policies, and regulations.

Please Clarify Whether the City Plans to Require Agricultural Mitigation for this Project
The site is designated as Prime Farmland and is currently in agricultural production.

The MND states that “The project impact from converting farmland must be mitigated to the extent feasible” (MND, page 47).

The MND also describes that:
• “The City is developing an agricultural mitigation program that will be adopted by ordinance. The program is currently in draft form and is subject to change. […] Agricultural uses are exempt from the mitigation requirements.

Agricultural uses include […] agricultural support uses such as agricultural processing, agricultural coolers, and other direct agriculture value added activities.”
• “Based on the current draft agricultural mitigation program, the proposed project would not be subject to the agricultural mitigation because agricultural coolers are considered an agricultural use. However, because the draft agricultural mitigation program is still undergoing refinement and has not yet 2023
Commissioners
Chair
Mary Ann Leffel
Special District Member
Vice Chair
Matt Gourley
Public Member
Luis Alejo
County Member
Wendy Root Askew
County Member, Alternate
Kimbley Craig
City Member
David Kong
Special District Member, Alternate
Christopher Lopez
County Member
Ian Oglesby
City Member
Warren Poitras
Special District Member
Steve Snodgrass
Public Member, Alternate
Anna Velazquez
City Member, Alternate
Counsel
Kelly L. Donlon
General Counsel
Executive Officer
Kate McKenna, AICP
132 W. Gabilan Street, #102
Salinas, CA 93901
P. O. Box 1369
Salinas, CA 93902
Voice: 831-754-5838
www.monterey.lafco.ca.gov
Exhibit C: Public Comments & Responses
been adopted by the City Council, it is possible that the proposed project could yet be subject to agricultural mitigation. To be conservative, it is being assumed that the project does convert prime farmland and farmland of statewide importance to a non-agricultural use and will contribute to the significant unavoidable impact of such conversion as identified in the general plan EIR” (emphasis added).
• “To partially mitigate for the impact of converting farmland to nonagricultural use, the following mitigation measure shall be implemented.” Proposed Mitigation Measure AG-1 then states that, at the time of approving discretionary actions for the project, the City will implement some combination of mitigation options from either the City’s draft agricultural mitigation program or from the formally adopted City program if adoption has taken place by that time. The draft program mitigation options are then listed. However, these draft measures, and the City’s overall program in general, are “subject to change” as noted on page 47. Nevertheless, the MND states that agricultural mitigation “shall” be implemented.

Based on these provisions, and on the City’s stated intention to exempt agricultural coolers from agricultural mitigation requirements, it is unclear what the City will require for agriculture mitigation if the City adopts its draft agricultural mitigation ordinance prior to approving site-specific discretionary actions for this project. Please clarify whether proposed Mitigation Measure AG-1 applies to this project or not.

City Should Anticipate Carrying Out Agricultural Mitigation as a Required Part of the Annexation Process Whether or not the City requires agricultural mitigation for this project, the City should anticipate that LAFCO will require it. LAFCO’s longstanding practice is to require that specific agricultural mitigation actions be identified and fully implemented prior to recordation of an annexation. This has been LAFCO’s consistent standard for city annexations involving farmland for approximately 15 years. LAFCO’s policies and practices do not provide for exemptions based on planned future uses of the area being annexed, partly because buildout of a site may differ from what is planned at the time a site is annexed.

Most recently, in December 2023, for the Miramonte annexation to the City of Soledad, the Commission affirmed this standard and required agricultural mitigation to be carried out as part of the annexation by imposing the following condition of approval:
• “Agricultural Mitigation: In consultation with, and to the satisfaction of the LAFCO Executive Officer, the applicant and property owner shall identify and propose agricultural conservation easements in the vicinity of the 2016 City-County Memorandum of Agreement’s designated Permanent Agricultural Edge or Urban Growth Boundary to the east, south, or west of city limits if suitable easement receiver sites are available, and/or pay in-lieu fees to a qualified land conservation entity to fund future acquisition of conservation easements. The required conservation easements and/or in-lieu fee payment amounts shall apply to lands within the affected territory that are designated as Prime Farmland or Farmland of Statewide Significance on the State of California Department of Conservation’s 2018 important farmlands map. The proposed conservation easements and/or in-lieu fee payments, as well as the proposal’s related western agricultural buffer easement, shall be executed to the satisfaction of the Executive Officer prior to recordation of the Certificate of Completion.”
Consistent with this established standard practice, as well as with prior discussions with City and property owner representatives regarding this project, the City and the property owner should plan to make agricultural mitigation a part of the future annexation application to LAFCO. The proposal should clearly identify what is being proposed for agricultural mitigation, and explain how the proposal addresses LAFCO’s adopted policies (as further described in LAFCO’s application form).

Prime farmlands owned by this project’s property owner on the south side of Gloria Rd, across from the project site and outside the city’s designated permanent agricultural edge, appear to be a highly suitable location for placement of a permanent conservation easement.

Exhibit C: Public Comments & Responses
Offer to Meet
We appreciate this opportunity to provide comments on the City’s draft MND. As suggested at the City’s February 23 interagency meeting for this project, we look forward to meeting with you again to further discuss agricultural mitigation for this project, and other aspects of the upcoming annexation process.

Sincerely,
Kate McKenna, AICP
Executive Officer
Exhibit C: Public Comments & Responses
April 13, 2023
City of Gonzales Community Development Department
Attn: Taven Kinison Brown, Community Development Director 147 Fourth Street
Gonzales, CA 93926 Via email: [email protected] SUBJECT: Comments on Mitigated Negative Declaration for the Gloria Road Agricultural Cooler Project
Dear Mr. Kinison Brown:

The Transportation Agency for Monterey County (TAMC) is the Regional Transportation Planning and Congestion Management Agency for Monterey County. Agency staff reviewed the Mitigated Negative Declaration for the Gloria Road Agricultural Cooler Project and offers the following comments for your consideration:

1. The Agency supports the use of Intersection Control Evaluations (ICE) analysis to inform intersection design and when major modifications to intersections are considered. The Agency encourages the development of roundabouts to support traffic flow and the safety of cyclists and pedestrians.

2. The Transportation Analysis in Appendix G describes the road improvements that would be made on the project frontages along Gloria Road. While the City’s Sphere of Influence (SOI) study describes the improvements that would be made on Gloria Road, the Transportation Agency would like to confirm that the improvements are in line with the Class II Bike Lanes that are proposed on Gloria Road as shown in the Monterey County Active Transportation Plan.

3. TAMC appreciates the use of carpooling by employees at the existing site in Salinas, but also the encouragement of continuing carpooling at the new project location. Carpooling is an effective method to reduce the project’s Vehicle Miles Traveled (VMT) impact. The Agency offers its Go831 Program, designed to support the development of employerbased commuter trip reduction programs. Go831 provides resources, technology, and tools that save both employees and employers money, while reducing the demand on the region’s transportation system. For more information about the Go831 Program, visit http://www.go831.org/.

Exhibit C: Public Comments & Responses
https://tamcmonterey.sharepoint.com/Shared Documents/TAMC NEW/Projects and Programs/Environmental Document Review/Working Folders/Kinison Brown - Gloria Road Agricultural Cooler Project.docx Taven Kinison Brown, City of Gonzales
April 13, 2023

Page 2 of 2 ends

4. During construction of the proposed employee parking lots and truck parking zones, consideration should be given to the installation of electric vehicle charging stations, as new construction provides an opportunity to install this needed infrastructure. Hydrogen charging stations are also encouraged for consideration as this new technology develops for industrial and commercial uses.

Thank you for the opportunity to comment on the proposed project. If you have any questions, please contact Aaron Hernandez of my staff at [email protected] or 831-775-4412.

Sincerely,
Todd A. Muck
Executive Director
Exhibit C: Public Comments & Responses
“Provide a safe and reliable transportation network that serves all people and respects the environment” CALTRANS DISTRICT 5
50 HIGUERA STREET | SAN LUIS OBISPO, CA 93401-5415
(805) 549-3101 | FAX (805) 549-3329 TTY 711
www.dot.ca.gov
April 13, 2023
MON-101-69.429
SCH#2023030377
Taven Kinison Brown
Community Development Director
City of Gonzales
147 Fourth Street
Gonzales, CA 93926
COMMENTS FOR THE MITIGATED NEGATIVE DECLARATION (MND) – GLORIA ROAD

AGRICULTURAL COOLER PROJECT, GONZALES, CA
Dear Mr. Kinison Brown:

The California Department of Transportation (Caltrans), District 5, Development Review, has reviewed the Gloria Road Agricultural Cooler Project which proposes an agricultural processing facility consisting of 313,800 square feet of building area. Onsite features include raw product cold storage and processing lines, office administration space, miscellaneous mechanical and storage rooms, and shop area. Caltrans offers the following comments in response to the MND:

1. Caltrans supports local development that is consistent with State planning priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety. We accomplish this by working with local jurisdictions to achieve a shared vision of how the transportation system should and can accommodate interregional and local travel and development. Projects that support smart growth principles which include improvements to pedestrian, bicycle, and transit infrastructure (or other key Transportation Demand Strategies) are supported by Caltrans and are consistent with our mission, vision, and goals.

2. Please be aware that if any future work is completed in the State’s right-of-way it will require an encroachment permit from Caltrans and must be done to our engineering and environmental standards, and at no cost to the State. The conditions of approval and the requirements for the encroachment permit are issued at the sole discretion of the Permits Office, and nothing in this letter shall be implied as limiting those future conditioned and requirements. For more information regarding the encroachment permit process, please visit our Encroachment Permit Exhibit C: Public Comments & Responses
Taven Kinison Brown, Community Development Director
April 13, 2023

Page 2 ends

“Provide a safe and reliable transportation network that serves all people and respects the environment” Website at: https://dot.ca.gov/caltrans-near-me/district-5/district-5-programs/d5- encroachment-permits.

3. Given the project exceeds the vehicle miles traveled (VMT) threshold and with no guarantee the employee transportation behavior will transfer over to the new location, Caltrans recommends the applicant develop a Transportation Demand Management (TDM) program. TDM programs should provide services that can be tailored to meet specific user needs and must be supported with long term maintenance of effort. Service examples include:
• Carpool and trip planning resources such as a commute information kiosk • Employee transportation coordinator
• Emergency Ride Home program
• Showers, changing rooms, and clothing lockers for active transportation users • Transit subsidies on an ongoing basis
Thank you for the opportunity to review and comment on the proposed project. If you have any questions, or need further clarification on items discussed above, please contact me at (805) 835-6543 or email [email protected].

Sincerely,
Chris Bjornstad
Associate Transportation Planner
District 5 Land Development Review
Exhibit C: Public Comments & Responses
Dear Mr. Kinison Brown,
I am working with LandWatch Monterey County, who have asked to inquire about the scope of the amendment to General Plan Policy LU-2.1 and its implementing program 2.2.1 that is proposed in order to accommodate the Gloria Road cooler project and annexation.

I left you a voice message, and I'd welcome a quick call to sort out what may be our misunderstanding about the potential scope of the proposed General Plan amendment.

General Plan Policy LU-2.1 requires preparation of a specific plan for new development in the City's SOI growth areas to organize development into complete and self-contained neighborhoods consistent with the General Plan land use designations.

I am unable to locate the text of a proposed general plan amendment in the project description for the Gloria Road cooler project. However, the discussion of the proposed amendment in the Initial Study suggests that an amendment could possibly be proposed that is unnecessarily broad because it would except not just the 48-acre project site from the specific plan requirement but the entire SOI growth area:
"The City is proposing to amend the general plan to allow individual projects in the growth area without the requirement to prepare a specific plan."
(Initial Study, p. 8.) LandWatch suggests that the Initial Study be clarified to provide that the General Plan amendment to Policy LU-2.1 would be specific to the project site, i.e., that it would allow an individual project in the 48-acre site without the requirement to prepare a specific plan. General Plan Policy LU-2.1 should remain in force in other SOI growth areas.

Because the Initial Study does not actually assess the effect of eliminating the specific plan requirement elsewhere in the SOI growth area, it would be difficult for the City to find that there would be no significant impacts from abandoning Policy LU-2.1 for growth areas outside the project site. Indeed, the General Plan EIR identifies the specific plan requirement as mitigation for some significant impacts. (See, e.g., GP EIR, pp. 2-3 [ Impact AES-1], 2-4 [Impact GHG-1], 2-5 [Impact GHG-2], 2-11 [Impact TT-2].) An agency cannot abandon or modify a previously adopted mitigation measure in a way that reduces its effectiveness without preparing a CEQA document and making findings to assess the effects of that change. (Sierra Club v. County of San Diego (2014) 231 Cal.App.4th 1152, 1174; Lincoln Place Tenants Ass’n v.

City of Los Angeles (2005) 130 Cal.App.4th 1491, 1508; see also Napa Citizens for Honest Gov’t v. Napa County Board of Supervisors (2001) 91 Cal.App.4th 342, 359; Katzeff v. Dept. of Forestry and Fire Protection (2010) 181 Cal.App.4th 601, 614.) These findings would have to be based on assessment in the Intital Study or an EIR. While the Initial Study may address the environmental effects of the proposed development on the 48-acre site, it does not assess the effects of eliminating the specific plan requirement in other areas.

Exhibit C: Public Comments & Responses
Please give me a call to clarify the scope of the proposed GPA. I believe LandWatch may support an agricultural project that creates local jobs as long as its approvals do not unnecessarily amend the important General Plan tool for developing future residential neighborhoods.

John H. Farrow
M. R. Wolfe & Associates, P.C. | Attorneys
Land Use | Environmental Law | Elections
580 California Street | Suite 1200 | San Francisco, CA 94104 415.369.9400 | Fax: 415.369.9405 | www.mrwolfeassociates..com Exhibit C: Public Comments & Responses
Section 2.0 1 EMC Planning Group
Gloria Road Agricultural Cooler Project April 17, 2023
IS/MND Comment Responses for Staff Report
Per CEQA Guidelines Section 15074(b), the City is required to consider comments received during the public review process for the IS/MND. The City received comments from four agencies/interests. A summary of comments received that are specific to the IS/MND and a summary of City staff’s consideration of the comments are provided below.

Local Agency Formation Commission (LAFCO) of Monterey County LAFCO sought clarification of whether or not mitigation for converting farmland to nonagricultural use would be required for the project. Independent of this question, LAFCO stated that even though the City’s (then) draft agricultural mitigation ordinance exempts agricultural processing facilities and agricultural coolers from agricultural mitigation requirements, the City should expect that LAFCO will require such mitigation. LAFCO stated that a plan for mitigation should be included in the annexation application to LAFCO.

The MND includes a mitigation measure requiring the applicant to provide agricultural mitigation consistent with the City’s draft agricultural mitigation ordinance, even though the draft ordinance exempts agricultural coolers from mitigation. In crafting the draft ordinance, City staff was being proactive by considering the invaluable contribution of value-added agricultural processing and cooling projects to supporting the local and regional agricultural economy. City staff was also anticipating the broader countywide agricultural mitigation approach being considered by Monterey County as the County formulates its own agricultural mitigation program. In its current administrative form, that program also exempts agricultural coolers from agricultural mitigation requirements.

The mitigation measure in the IS/MND was included to be conservative given that the City’s agricultural mitigation ordinance had not yet been adopted at the time the IS/MND was circulated for public review. It was also included based on the applicant’s willingness to provide agricultural mitigation, and on the applicant’s anticipation that exempting the project from agricultural mitigation may not be consistent with LAFCO’s historical position that agricultural mitigation is required for all projects that convert qualifying farmland, regardless of the project type.

Transportation Agency for Monterey County (TAMC)
TAMC provided two comments that are germane to the content/analysis in the IS/MND: 1) inclusion of bicycle facilities on Gloria Road along the project frontage; and 2) recommendation that electric vehicle charging stations be installed.

Regarding bicycle facilities, the ultimate planned Gloria Road cross-section includes bicycle and pedestrian facilities on Gloria Road. The IS includes a graphic showing this section. The applicant will be required to construct improvements along the project site frontage that are consistent with Exhibit C: Public Comments & Responses
Section 2.0 2 EMC Planning Group
Gloria Road Agricultural Cooler Project April 17, 2023
that cross-section. Regarding charging stations, the project includes 20 electric vehicle charging stations and 60 electric vehicle ready parking spaces. Installing electric vehicle infrastructure is a regulatory requirement per the California Building Energy Efficiency Standards.

California Department of Transportation
Caltrans recommended that the applicant develop a transportation demand management program to help reduce vehicle miles traveled (VMT).

Transportation demand management programs typically include measures to reduce vehicle trip number and associated VMT. The IS/MND found that the project VMT impact would be less than significant. Regardless, City staff and the applicant considered a range of possible transportation demand management measure options (e.g., van pools, transit subsidies, monitoring carpooling behavior, etc.). None were found practical or functional, in part due to the historic inclination of employees to carpool to the applicant’s current facility in Salinas (that behavior is also expected at the proposed facility) and due to uncertainty about if and when transit routes would be available within sufficient distance of the site to promote transit use over private vehicle travel. Bicycle, pedestrian and transit accessibility for project employees will be expanded in the future as land adjacent to the site is built out over time and connectivity improvements are made to support residential growth in those areas.

LandWatch Monterey County
LandWatch Monterey County commented about the statement in the IS/MND that the City is proposing a general plan amendment to allow individual projects in the adopted Sphere of Influence without the requirement to prepare a specific plan. Currently, General Plan Policy LU-2.1 requires specific plans for new development in this area. LandWatch commented that it could not find the proposed general plan amendment language in the IS/MND and suggests that the exception to the specific plan requirement be limited solely to the proposed project site.

The City’s proposed general plan amendment language is addressed in the General Plan Amendment section of this staff report.

Exhibit C: Public Comments & Responses

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