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Resolution No. 2025-09 with Exhibits A-E

Gonzales City Council
September 2, 2025

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Resolution No. 2025-09 with Exhibits A-E
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September 2, 2025
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Gonzales City Council
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RESOLUTION NO. 2025-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES

CERTIFYING THE VISTA LUCIA PROJECT FINAL ENVIRONMENTAL IMPACT REPORT (SCH #2020039056), ADOPTION OF THE MITIGATION MONITORING

AND REPORTING PROGRAM (MMRP), AND ADOPTION OF CEQA FINDINGS OF

FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
WHEREAS, the City of Gonzales received an application from Cielo Grande Ranch, LLC for a proposed annexation of 771 acres, along with the request to develop up to 3,498 residential units, three educational sites, 96,000 square feet of commercial development, 79 acres of recreational facilities, and related infrastructure known as the Vista Lucia Project (“Project”) on property located 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 Vista Lucia Project under the California Environmental Quality Act (CEQA), and, as lead agency, has caused to be prepared a Draft Environmental Impact Report (DEIR) for the Project 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 City prepared a Notice of Preparation (NOP) of an Environmental Impact Report, which was circulated for public comment between March 20, 2020, and April 20, 2020, and in response the City subsequently prepared a specific plan for the project site and circulated a revised NOP from September 14, 2021 to October 29, 2021 and held a scoping meeting on October 28, 2021 in accordance with Section 15082(c)(1) of the State CEQA Guidelines; and WHEREAS, the Draft EIR was prepared in response to the concerns raised during the NOP public comment period and at the public hearing, in accordance with CEQA and related Guidelines, and the City’s rules and procedures for the implementation of CEQA; and WHEREAS, the Draft EIR was circulated for public review and comment for 45 days between February 2, 2024, and March 18, 2024, in accordance with CEQA (Public Resources Code Section 21000 et seq.) and related Guidelines (Title 14 California Code of Regulations, Section 15000 et seq.); and
WHEREAS, a Final Environmental Impact Report (“FEIR”) was prepared on the project in compliance with all requirements of CEQA, and which addresses all elements and phases of the Project and Project approvals as described above; and
WHEREAS, the FEIR for the Vista Lucia project consists of the Draft EIR for the Vista Lucia Project, comments on the Draft EIR including a list of commenters and the City’s responses to comments, errata, and such additional oral and written comments and responses as entered into the public record on the matter, as Exhibit B; and
WHEREAS, pursuant to CEQA Guidelines Section 15088(b), the Final EIR was made available for review by agencies and interests that provided written comments on the Final EIR for at least 10 days prior to the public hearing at which the City Council considered the certification of the Final EIR; 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 C; and

WHEREAS, the FEIR 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, noise; and
WHEREAS, the FEIR has also determined that the implementation of the Project, as proposed, has the potential to generate significant and unavoidable environmental impacts, and that such significant impacts which cannot be mitigated to a less-than-significant level with implementation of the Project are identified as follows: Conversion of Prime Farmland and Farmland of Statewide Importance to Non-Agricultural Use; Criteria Air Pollutants During Operations that Exceed Air District Thresholds and Degrade Air Quality (VOCs), Exceeding the Applicable Threshold for VMT (Residential Use), Aesthetics of Light Trespass, Light Pollution, and Glare; and
WHEREAS, the City has prepared the required CEQA Findings of Fact and Statement of Overriding Considerations, stating in writing the specific reasons to support its action based on the Final EIR as Exhibit D; and
WHEREAS, an errata was prepared in respect to Mitigation Measure 7-2 to clarify and provide additional precise, step-by-step direction for protecting California tiger salamander, a special-status species as Exhibit E; and
WHEREAS, on March 10, 2025, the Planning Commission conducted a noticed public hearing to consider the adequacy of the FEIR and all comments received, the MMRP, CEQA Findings of Fact and Statement of Overriding Considerations and considered the Staff Report and oral report for the FEIR and recommended that the City Council certify the FEIR and adopt the Mitigation Monitoring Reporting Program, and CEQA Findings of Face and Statement of Overriding Considerations; and
WHEREAS, on September 2, 2025 the City Council conducted a noticed public hearing and determined that the FEIR for the Vista Lucia 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 judgement and analysis, resolves to certify the Final Environmental Impact Report, and adopt the Mitigation Monitoring Reporting Program, and CEQA Findings of Fact and Statement of Overriding Considerations for the Vista Lucia Project.

PASSED AND ADOPTED by the City Council of the City of Gonzales a regular meeting duly noticed and held on the 2nd day of September 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
_____________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
__________________________
Mary Villegas, Deputy City Clerk
Exhibit A: Vista Lucia Project DEIR
Exhibit B: Vista Lucia FEIR
Exhibit D: CEQA Finding of Fact and Statement of Overriding Consideration See the following link: https://gonzalesca.gov/node/673 Mitigation Monitoring Program 1 EMC Planning Group
Vista Lucia Project November 18, 2024
Vista Lucia 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 final environmental impact report prepared for the project. 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.

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 mitigation measures have been complied with, the responsible individual or agency should

EXHIBIT C
Mitigation Monitoring Program 2 EMC Planning Group
Vista Lucia Project November 18, 2024
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 Approval of Tentative Maps and Use Permits Mitigation Measure 7-1. Prior to approval of any tentative map and prior to approval of grading permits for the off-site wastewater main and off-site circulation improvements, 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, the off-site wastewater main location, and/or off-site circulation improvement locations, or if it is present but impacts to it can be completely avoided, then no mitigation would be required.

If the focused surveys identify Congdon’s tarplant within the project site boundary, the off-site wastewater main location, and/or off-site circulation improvement locations, and it would be affected by proposed development, then appropriate mitigation shall be developed by the biologist and implemented by the applicant prior to approval of a tentative map(s) for the project site and prior to approval of grading permits for the off-site wastewater main and off-site circulation improvements. Measures may include, but are not limited to:

Mitigation Monitoring Program 3 EMC Planning Group
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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 property owner 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 tentative map(s) for the project site and grading permits for the off-site wastewater main and off-site circulation improvements, 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) achieved in at least one of the five years of monitoring.

The project applicant shall be responsible for implementation of this mitigation measure with oversight by the City of Gonzales Planning Department. Compliance with this measure shall be documented and submitted to the City of Gonzales, prior to approval of grading permits for developing any portion of the project site, and prior to approval of grading permits for the off-site wastewater main and off-site circulation improvements.

Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Mitigation Measures 6-3a through 6-3e:
6-3a To reduce area source criteria air pollutant emissions, the following reduction measures shall be required for all tentative maps and use permits and incorporated into contractor work specifications for future development:

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 Fireplaces shall be prohibited in all residential units; and  Architectural coatings that exceed the air district’s VOC standards shall be used in all new residential and non-residential development.

The Gonzales Community Development Director shall require that these measures are included prior to approval of each tentative map and use permit, and ensure that the requirements are included all contractor work specifications prior to approval of building permits.
6-3b To reduce operational, mobile-source criteria air pollutant emissions, the following reduction measures shall be required for all tentative maps and use permits:
 Provide a pedestrian access network that internally links all uses and connects to all existing external streets and pedestrian facilities and with all or planned external streets and pedestrian facilities planned for adjacent properties; and  Incorporate bike lane street design and common bike parking facilities in non-residential projects and multi-family residential projects, and incorporate land for bike trails.

The Gonzales Community Development Director shall require that these measures are included prior to approval of each tentative map and use permit.

Mitigation measures 6-3a and 6-3b would reduce all criteria emissions, but VOC emissions would remain above the VOC threshold of significance by about 25 percent. Therefore, the proposed project would have a significant unavoidable impact on air quality from VOC emissions.

To further reduce criteria emissions, with the co-benefit of reducing GHG emissions, the following emissions reductions measures shall be required prior to approval of each tentative map and use permit, and required as contractor work specifications where applicable:
6-3c Prior to approval of each tentative map and use permit, the project applicant shall consult with Monterey Salinas Transit to identify locations for incorporating transit facilities into the proposed project. Such facilities shall be constructed to Monterey Salinas Transit standards in each location defined by Monterey Salinas Transit.
6-3d Traffic calming measures shall be included as part of each tentative map. Such measures may include, but not be limited to: marked crosswalks, count-down signal timers, curb extensions, speed tables, raised crosswalks, raised intersections, median islands, tight corner radii, roundabouts, on-street parking, planter strips with street trees, and chicanes/chokers. 6-3e The following features shall be included as part of each tentative map and use permit and identified in contractor work specifications:

Mitigation Monitoring Program 5 EMC Planning Group
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 Conductive/inductive electric vehicle charging stations and signage prohibiting parking for non-electric vehicles within all multi-family residential and commercial developments;  End-of-trip facilities for bicycle riders including showers, secure bicycle lockers, and changing spaces in all new commercial projects;
 Subsidized/discounted daily or monthly public transit passes;  Programmable thermostat timers in all new residential units;  Energy efficient appliances, including dishwashers, refrigerators, ceiling fans, and clothes washers in all new residential units; and
 High-efficiency electric furnaces and water heaters in residential buildings.

Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Mitigation Measure 10-1. To ensure project consistency with Gonzales Climate Action Plan: 2018 Update GHG reduction measure P-1.3 regarding urban forests, applicants for individual tentative maps submitted prior to 2031 that include single-family homes shall demonstrate to the City that a minimum of three trees will be planted for every single-family home proposed as part of the tentative map project, with trees planted either within the tentative map boundary and/or elsewhere within the specific plan boundary. The measure shall also be included as a contractor work specification. The requirement shall be verified by the Community Development Director prior to approval of each individual tentative map in which single-family homes are proposed.

Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Building Services Department Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Mitigation Monitoring Program 6 EMC Planning Group
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Mitigation Measure 10-2. Applicants for all future individual projects shall:
a. Design such projects to be all electric. No permanent natural gas infrastructure shall be permitted as a source of energy supply; and
b. Incorporate transportation electrification-supporting site development design and infrastructure (e.g., electric vehicle support infrastructure) consistent with the Tier 2 voluntary electric vehicle standards in the California Green Building Standards Code, Title 24, in effect at the time building permits are requested from the City of Gonzales.

All individual project applications (e.g., tentative maps, use permits, etc.) shall be reviewed by the City of Gonzales Building Official for consistency with these requirements prior to issuance of building permits.

Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Building Services Department Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Mitigation Measure 10-3: If the City has not adopted an updated qualified climate action plan prior to the City’s consideration of future individual projects proposed starting 2031 and after, such individual project applicants shall prepare a GHG Reduction Plan for their respective projects. Each GHG Reduction Plan shall include GHG reduction measures that reduce GHG emissions to 0.82 MT CO2e per service population per year or less. The GHG Reduction plan shall be prepared by a qualified air quality/GHG professional.

The service population threshold of significance is based on an assumed buildout year of 2045 for all individual projects. A higher threshold of significance may be warranted for projects proposed starting 2031 and after that build out prior to 2045. For such projects, individual project developers may provide substantial evidence that a higher threshold of significance is warranted. Any proposed change in the threshold of significance for individual projects or the threshold of significance determination methodology shall be subject to review and approval of the Community Development Director.

Each GHG Reduction Plan shall list the planned reduction measures, identify reductions associated with each, and provide evidence supporting the level of reduction calculated for each. All measures within the control of individual project applicants shall be implemented and operational prior to occupancy of the associated project.

Mitigation Monitoring Program 7 EMC Planning Group
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Each GHG Reduction Plan shall prioritize on-site GHG reduction design features and/or other project specific measures that are within the control of individual project applicants. If on-site measures are insufficient to achieve required reductions, direct investments in off-site GHG reduction activities/programs in the vicinity may be made. 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, or planting local urban forests.

GHG reductions that accrue from current and future state legislation and regulations with which such projects must comply; specific plan design features including coordinating with MontereySalinas Transit to incorporate transit facilities into future individual development projects (e.g. tentative maps), including traffic calming measures on roads within the site, supporting electrification of the vehicle fleet by incorporating electric vehicle charging stations and reserving parking spaces for electric vehicles in multi-family and commercial development, including charging outlets in single-family homes, supporting bicycle commuting by including “end-of-trip” bicycle facilities in new commercial development, installing programmable thermostats in residential buildings, and installing energy efficient appliances in new residential buildings; and required compliance with mitigation measure 10-2 regarding all electric development and transportation electrification improvements may be considered as part of the analysis of individual project GHG reductions.

If the GHG emissions reductions from legislative/regulatory actions, on-site measures, investments in off-site reduction programs, and/or specific plan design features are insufficient to reduce individual project emissions to below the threshold of significance, individual project applicants may secure the reduction balance by purchasing and retiring carbon offset credits. 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 the California Air Resources Board 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, 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.

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All carbon offset credits 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).

Individual project applicants shall submit their respective GHG Reduction Plans for review and approval of the Community Development Director prior to approval of project-specific entitlements. Implementation of the GHG reduction measures shall be made a condition of approval. If carbon offset credits are proposed, applicants shall provide an executed contract or other certification to the Planning Direct that the requisite carbon offset credits have been purchased.

Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Mitigation Measure 13-3. Applicants proposing commercial uses shall prepare an acoustical analysis to define the site-specific potential impacts of stationary commercial noise sources. The potential for these noise sources uses to exceed applicable City noise standards at adjacent noise sensitive uses shall be identified. If significant impacts are identified, mitigation measures shall be identified to reduce impacts to less than significant by ensuring compliance with the City’s noise standards. Mitigation could include, but may not be limited to site design to separate commercial uses from adjacent sensitive residential uses, building setbacks, noise equipment enclosures, etc. The acoustical analyses shall be subject to review and approval of the Community Development Director prior to approval of entitlements for future commercial projects.

Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Mitigation Measure 20-1. The applicant shall locate outdoor activity areas of proposed residential uses (outdoor common use areas and individual patios and balconies for multi‐family homes and backyards of single‐family homes) outside the cumulative 60 dB Ldn traffic noise contour along Mitigation Monitoring Program 9 EMC Planning Group
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Associated Lane (Vista Lucia Parkway). If noise sensitive residential uses are proposed within the 65 dB Ldn noise contour, the applicant shall prepare a traffic noise mitigation plan which demonstrates how traffic noise exposure at these uses will be reduced to 59 dB Ldn or lower. Mitigation could include building orientation, sound walls, or other feasible design or improvements options. The mitigation plan shall be subject to review and approval of the Gonzales Community Development Director for conformance with these noise exposure performance standards prior to approval of a future specific plan.

Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Step 2 - Prior to Issuance of Grading Permits
Mitigation Measure 5-1. The applicant shall mitigate the impacts of converting 767 acres of Prime Farmland and Farmland of Statewide Importance by implementing one or a combination of the mitigation options included in the City’s farmland mitigation ordinance (Ordinance No. 2023-136).

The applicant shall specify in writing to the City the mitigation option(s) to be implemented. The proposed mitigation option(s) are subject to review and approval by the City Council prior to its decision to approve the project. The mitigation option(s) shall be completely implemented by the applicant prior to City approving any activity resulting in interference with agricultural practices on the property subject to conversion. Mitigation shall not be required for planned uses that are except from mitigation requirements per Section 12.150.040(D) of the ordinance including schools, trails, public parks, and land planned for residential products that would be available to very low- and lowincome residents. The City shall not issue any grading permit, building permit, or encroachment permit until mitigation has been completed.

Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Mitigation Monitoring Program 10 EMC Planning Group
Vista Lucia Project November 18, 2024
Mitigation Measure 6-2. To reduce fugitive dust emissions from grading and construction activities on the project site and for off-site circulation improvements, the following language shall be included in all grading and construction plans for on-site and off-site development prior to issuance of a grading permit all such development:

Dust control measures shall be employed to reduce visible dust leaving the area under construction.

The following measures or equally effective substitute measures shall be used:
a. Use recycled water to add moisture to the areas of disturbed soils twice a day, every day, to prevent visible dust from being blown by the wind;
b. Apply chemical soil stabilizers or dust suppressants on disturbed soils that will not be actively graded for a period of four or more consecutive days;
c. Apply non-toxic binders and/or hydro seed disturbed soils where grading is completed, but on which more than four days will pass prior to paving, foundation construction, or placement of other permanent cover;
d. Cover or otherwise stabilize stockpiles that will not be actively used for a period of four or more consecutive days, or water at least twice daily as necessary to prevent visible dust leaving the site, using raw or recycled water when feasible;
e. Maintain at least two feet of freeboard and cover all trucks hauling dirt, sand, or loose materials; f. Install wheel washers at all construction site exit points, and sweep streets if visible soil material is carried onto paved surfaces;
g. Stop grading, and earth moving if winds exceed 15 miles per hour; h. Pave roads, driveways, and parking areas at the earliest point feasible within the construction schedule;
i. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours of receiving the complaint. The phone number of the Monterey Bay Air Resources District shall also be visible to ensure compliance with Rule 402 (Nuisance); and j. Limit the area under construction at any one time.

Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Building Services Department Mitigation Monitoring Program 11 EMC Planning Group
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Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Mitigation Measures 6-4a and 6-4b:
6-4a Prior to issuance of a building permit for any development located within 500 feet of existing off-site and future on-site residential and school sensitive receptors, the applicant shall prepare a Construction Staging Management Plan to be reviewed and approved by the Gonzales Community Development Director prior to issuance of a grading permit such development.

The plan shall include the following restrictions:
a. Heavy-duty diesel vehicles shall be required to have 2010 or newer model year engines, in compliance with the California Air Resources Board’s Truck and Bus Regulation, and shall not be staged within 500 feet of nearest sensitive receptors; and b. Construction equipment and heavy-duty diesel trucks idling shall be avoided, where feasible, and if idling is necessary, it shall not exceed five minutes.

These measures shall be included in all contractor work specifications and construction documents.
6-4b The following language shall be included in all construction documents, subject to review and approval by the City Engineer, prior to issuance of a grading permit for all development: “All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications and shall be checked by a certified visible emissions evaluator.

All non-road diesel construction equipment shall, at a minimum, meet Tier 3 emission standards listed in the Code of Federal Regulations Title 40, Part 89, Subpart B, §89.112.

Further, where feasible, construction equipment shall include the use of alternative fuels such as compressed natural gas, propane, electricity or biodiesel.” Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Building Services Department Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Mitigation Monitoring Program 12 EMC Planning Group
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Mitigation Measures 7-2a and 7-2b:
7-2a For each tentative map approved by the City, prior to initial ground disturbing activities, a qualified biologist shall conduct a habitat survey to determine whether there is suitable habitat for California tiger salamander anywhere within the complete tentative map area.

The biologist shall then prepare a brief report documenting the results of the survey. If the habitat survey concludes that there is no suitable habitat, then no mitigation would be required at this time.

If the habitat survey concludes that there is suitable habitat for California tiger salamander within the tentative map area, the biologist shall conduct protocol surveys following the Interim Guidance on Site Assessment and Field Surveys for Determining Presence or a Negative Finding of the California Tiger Salamander (USFWS 2003) to determine whether there are California tiger salamander within the identified suitable habitat area.

Compliance with this measure shall be documented and submitted to the City of Gonzales Planning Department. Prior to approval of a grading permit for any area within an individual tentative map area, the City of Gonzales Planning Department shall confirm compliance with this mitigation measure 7-2a.

Subsequent habitat surveys shall not be required for development within the area of an approved tentative map for 10 years from the date of the original habitat survey. Any portion of an individual tentative map area not developed within 10 years from the date of the original habitat survey shall thereafter be subject to a new survey in accordance with the procedures set forth herein.
7-2b If protocol surveys performed pursuant to 7-2a determine that California tiger salamander are present, the applicant shall seek Incidental Take Authorization pursuant to Fish and Game Code Section 2081(b) prior to ground disturbance. Measures to avoid and/or minimize direct take and to fully mitigate impacts of the take shall be implemented per conditions of the Incidental Take Permit.

Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Community Development Director Monitoring Notes:
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Mitigation Monitoring Program 13 EMC Planning Group
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Mitigation Measures 7-3a and 7-3b:
7-3a Prior to issuance of a grading permit for development within the footprint of the project site, the off-site wastewater main location, and off-site circulation improvement locations, a qualified biologist, hired at the applicant’s expense, shall conduct a training session for all construction personnel. At a minimum, the training shall include a description of specialstatus species potentially occurring in the project vicinity, including, but not limited to, burrowing owl and nesting birds and raptors. Their habitats, general measures that are being implemented to conserve species as they relate to the project, and the boundaries within which construction activities would occur shall 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 applicant shall submit evidence of completion of this training to the City of Gonzales Planning Department, prior to issuance of a grading permit.

Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Community Development Director Monitoring Notes:
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 7-3b To avoid/minimize impacts to burrowing owls potentially occurring on or adjacent to the project site boundary, the off-site wastewater main location, and/or off-site circulation improvement locations, the project applicant shall retain a biologist qualified in ornithology to conduct surveys for burrowing owl. The approved 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, the off-site wastewater main location, and/or off-site circulation improvement locations no less than 14 days prior to the start of construction or ground disturbance activities. Surveys shall be conducted according to methods 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). The applicant shall submit evidence of completion of the preconstruction survey to the City of Gonzales Planning Department prior to issuance of a grading permit.

Because burrowing owls occupy habitat year-round, seasonal no-disturbance buffers, as outlined in the Burrowing Owl Survey Protocol and Mitigation Guidelines (CBOC 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 Mitigation Monitoring Program 14 EMC Planning Group
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Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Community Development Director includes buffer areas based on the time of year and level of disturbance (CDFW 2012), unless a qualified biologist approved by the CDFW verifies through non-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
If burrowing owl is found and avoidance is not possible, burrow exclusion may be conducted by qualified biologists only during the non-breeding season, before breeding behavior is exhibited and after the burrow is confirmed empty through non-invasive methods, such as surveillance. Occupied burrows shall be replaced with artificial burrows at a ratio of one collapsed burrow to one constructed artificial burrow (1:1). Evicted burrowing owls may attempt to colonize or re-colonize an area that would be impacted, thus ongoing surveillance during project activities shall be conducted at a rate sufficient to detect burrowing owls if they return.

If surveys locate occupied burrows in or near construction areas, consultation with the CDFW shall occur to interpret survey results and develop a project-specific avoidance and minimization approach.

The project applicant shall be responsible for implementation of this mitigation measure with oversight by the City of Gonzales Planning Department. Compliance with this measure shall be documented and submitted to the City of Gonzales.

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Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Mitigation Measure 7-4. Prior to issuance of a grading permit, to avoid impacts to nesting birds during the nesting season (January 15 through September 15), construction activities within or adjacent to the project site boundary, the off-site wastewater main location, and/or off-site circulation improvement locations that include any vegetation removal or ground disturbance (such as grading or grubbing) shall be conducted between September 16 and January 14, which is outside of the bird nesting season. If construction activities must commence during the bird nesting season, then a qualified biologist shall conduct a pre-construction survey for nesting birds to ensure that no nests would be disturbed during project construction.

If construction activities are 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), nesting bird surveys shall be conducted by a qualified biologist. a. A survey for active nests of such birds shall occur within 10 days prior to start of construction.

Appropriate minimum survey radius surrounding the work area is typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys shall be conducted at the appropriate times of day to observe nesting activities. The applicant shall submit evidence of completion of the preconstruction survey to the City of Gonzales Planning Department, prior to issuance of a grading permit.
b. If the qualified biologist documents active nests within the project site boundary, the off-site wastewater main location, and/or off-site circulation improvement locations, or in nearby surrounding areas, 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 shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active. Documentation shall be prepared by the Mitigation Monitoring Program 16 EMC Planning Group
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biologist and submitted to the City of Gonzales Planning Department weekly until the nests are no longer active.

Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Mitigation Measures 7-5a through 7-5c:
7-5a Prior to issuance of a grading permit for development within the project site boundary, if the aquatic features delineated in Request for New Verification for Vista Lucia in the City of Gonzales, Monterey, California (USACE File #2006-400217S) (Live Oak Associates, Inc. 2021) are determined to be jurisdictional, the applicant shall retain a qualified biologist to obtain a Clean Water Act Section 404 Nationwide Permit. If impacts to jurisdictional nonwetland irrigation ditches do not qualify for a Nationwide Permit, the applicant shall proceed with the qualified biologist in obtaining an Individual Permit from the USACE. The applicant shall also retain a qualified biologist to coordinate with the RWQCB to obtain a Clean Water Act Section 401 Water Quality Certification.

To compensate for temporary and/or permanent impacts to 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:
i. 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.
ii. 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.

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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, with oversight by the City of Gonzales Planning Department.
7-5b Prior to initiation of ground disturbance or construction activities to widen Associated Lane, the applicant shall retain a qualified biologist to determine the extent of ditches and potential wetlands regulated by the USACE, RWQCB, and/or CDFW that could be affected. If the USACE claims jurisdiction, the applicant shall retain a qualified biologist to obtain a Clean Water Act Section 404 Nationwide Permit. If the impacts to potential wetlands do not qualify for a Nationwide Permit, the applicant shall proceed with the qualified biologist in obtaining an Individual Permit from the USACE. The applicant shall then retain a qualified biologist to coordinate with the RWQCB to obtain a Clean Water Act Section 401 Water Quality Certification and with the CDFW to obtain a Streambed Alteration Agreement.

To compensate for temporary and/or permanent impacts to wetlands and other Waters of the U.S, mitigation shall be provided as required by the regulatory permits and described in Mitigation Measure 7-5a.

The applicant shall determine the extent of jurisdictional features present and comply with terms and conditions of the permits, if applicable. The applicant shall be responsible for implementation of this mitigation measure prior to issuance of a grading permit, with oversight by the City of Gonzales Planning Department.
7-5c Prior to initiation of ground disturbance or construction activities to construct the off-site wastewater main, the applicant shall retain a qualified biologist to determine the extent of potential wetlands regulated by the USACE, RWQCB, and/or CDFW that could be affected.

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

To compensate for temporary and/or permanent impacts to wetlands and other 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 and described in Mitigation Measure 7-5a.

Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Community Development Director Mitigation Monitoring Program 18 EMC Planning Group
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Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Mitigation Measures 8-1a and 8-1b:
8-1a (General plan EIR mitigation measure CUL-1). A project-level analysis of historic and unique archaeological resources shall be conducted for all areas in which off-site improvements within the City’s jurisdiction are needed to implement the proposed project. These include, but may not be limited to, the off-site wastewater main location and locations off-site circulation improvements. The analysis shall include recommended measures to mitigate any significant impact that such improvements may have on historic and/or unique archaeological resources. 8-1b (General plan EIR mitigation measure CUL-2). The City shall require the following as a standard condition of project approval: “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
Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Step 3 - Prior to Issuance of a Building Permit
Mitigation Measure 11-2. The applicant shall be responsible for remediating all project site hazardous materials conditions consistent with direction provided in the Site Mitigation Plan, Vista Lucia (McCloskey Consultants 2022). All hazardous materials conditions within the boundaries of individual tentative maps, including removal of abandoned underground storage tanks, shall be remediated prior to approval of grading permits for development pursuant to the subject tentative Mitigation Monitoring Program 19 EMC Planning Group
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map(s). Grading permits shall not be issued until such time as the applicant submits a remediation completion report for the subject tentative map project for review and verification by a qualified, independent, third-party hazardous materials management consultant to be retained by the applicant, with the verification subject to review and approval of the Public Works Director, and an underground storage tank closure permit is obtained from the Monterey County Environmental Health Department.

Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Mitigation Measure 18-1. (General plan EIR mitigation measure AES-2). Building exteriors with large expanses or glass or other reflective material that could become a significant source of glare shall be prohibited for future development within the specific plan boundary. The Community Development Direction shall ensure that this limitation is enforced through the development review process for individual residential and non-residential projects prior to approving associated building permits.

Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Step 4 – During Construction
Mitigation Measure 8-1c: 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.

Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Community Development Director Mitigation Monitoring Program 20 EMC Planning Group
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Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Mitigation Measure 8-2. 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 MLD 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 MLD or the MLD 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
Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Mitigation Measure 8-3. The party responsible (e.g., project applicant or City) for ground disturbing activities within the project site or the off-site improvement areas, shall contract with a qualified Native American monitor from the Ohlone/Costanoan-Esselen Nation or qualified Mitigation Monitoring Program 21 EMC Planning Group
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archaeologist to observe ground disturbing activities within the site and at off-site improvement locations at an hourly rate and scope deemed acceptable by the Gonzales Community Development Director and at rates charged by similarly qualified archaeologists.

The timing and frequency of monitoring shall be based on the timing and duration of ground disturbing activities (i.e., infrastructure trenching, grading, foundation excavation) that could affect undiscovered tribal cultural resources. Monitoring in any area shall be discontinued when it becomes evident to the tribal monitor/archaeologist that no additional monitoring of ground disturbing activities is necessary. If a significant tribal cultural feature or deposit is discovered by the tribal monitor/archaeologist, earth moving activities shall be temporarily halted for the purpose of identifying the deposit. If deemed necessary by the tribal monitor/archaeologist, the feature or deposit shall be sampled or salvaged according to a mitigation and data recovery plan developed by the Community Development Director in consultation with the tribal monitor/archaeologist.

Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Mitigation Measure 13-1. The following best management practices shall be applied during periods of project construction. The management practices shall be included in all construction documents, subject to review and approval by City Engineer, prior to issuance of a demolition or grading permit:
a. Per the City of Gonzales Municipal Code, construction activities shall not occur outside the hours of 7:00 AM to 7:00 PM;
b. All construction equipment shall be properly maintained and muffled as to minimize noise generation at the source;
c. Noise‐producing equipment shall not be operating, running, or idling while not in immediate use;
d. All noise‐producing construction equipment shall be located and operated, to the extent possible, at the greatest possible distance from any noise‐sensitive land uses; e. Locate construction staging areas, to the extent possible, at the greatest possible distances from any noise‐sensitive land uses; and
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f. Signs shall be posted at the construction site and near adjacent sensitive receptors displaying hours of construction activities and providing the contact phone number of a noise disturbance coordinator to be identified by the construction contractor. The coordinator shall be responsible for addressing construction noise issues that may be raised by residents or other affected parties.

Concerns that cannot be resolved by the coordinator may then be raised with the Community Development Director, who has final authority to resolve such concerns.

Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Step 5 – On-Going through Project Implementation
Mitigation Measure 5-2. The proposed temporary agricultural buffers shall remain in place until such time as occupancy permits are granted for planned future development on adjacent agricultural lands that abut the temporary buffers. Any future proposed change in the use of temporary buffers shall be subject to review and approval of the Gonzales Community Development Director.

Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Mitigation Measures 13-4a through 13-4c:
13-4a The Gonzales Unified School District should locate trash compactors a minimum of 20 feet from outdoor common use areas and individual patios or balconies for multifamily homes, or backyards of single‐family homes. Locate any ground‐level HVAC unit at distance of greater than 100 feet from the outdoor common use areas and individual patios or balconies for multi-family homes, or backyards of single‐family homes or provide an adequate equipment enclosure to reduce noise levels to below the City’s noise level standard. 13-4b The Gonzales Unified School District should locate bus loading areas, if planned, at a distance of 90 feet or greater from outdoor activity areas of proposed residential uses Mitigation Monitoring Program 23 EMC Planning Group
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(outdoor common use areas and individual patios and balconies for multi‐family homes and backyards of single‐family homes).
13-4c The Gonzales Unified School District should locate school bells and alarms to ensure that noise levels at outdoor activity areas of proposed residential uses (outdoor common use areas and individual patios and balconies for multi‐family homes and backyards of single‐ family homes) do not exceed the applicable City of Gonzales stationary noise standard. This can be achieved through proper placement and/or by reducing volume levels.

Party Responsible for Implementation: Gonzales Unified School District Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Mitigation Measure 20-2. As part of its future design of the planned elementary school that would front on Associated Lane, the Gonzales Unified School District should locate outdoor activity areas outside the cumulative 60 dB Ldn traffic noise contour along Associated Lane (Vista Lucia Parkway). If outdoor activity areas are proposed within the 65 dB Ldn noise contour, the school district should prepare a traffic noise mitigation plan which demonstrates how traffic noise exposure will be reduced to 59 dB Ldn or lower. Mitigation could include building orientation, sound walls, or other feasible design or improvements options.

Party Responsible for Implementation: Gonzales Unified School District Party Responsible for Monitoring: Community Development Director Monitoring Notes:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Small town, big heart! ~ ¡Pueblo chico, corazón grande! 147 Fourth St. · PO Box 647 Gonzales, CA 93926 · Phone: (831) 675–5000 · Fax: (831) 675-2644 https://gonzalesca.gov/
City of Gonzales
Council Member Scott Funk, Council Member Lorraine Worthy, Council Member Maria Orozco Mayor Jose L. Rios, Mayor Pro Tem Liz Silva, City Manager Carmen Gil Errata to the Vista Lucia Project Final EIR
As described in the “CEQA Impacts” section of City of Soledad Community Development Department’s Staff Report for the Vista Lucia Specific Plan, Annexation & Tentative Map dated September 2, 2025, City staff recommended that the City Council approve clarifications to mitigation measure 7-2 found in the Draft EIR for the project. The clarifications provide more precise, step-by-step direction for protecting California tiger salamander, a special-status species.

Mitigation measure 7-2a and 7-2b as clarified is as follows:

Mitigation Measure
7-2a For each tentative map approved by the City, prior to initial ground disturbing activities, a qualified biologist shall conduct a habitat survey to determine whether there is suitable habitat for California tiger salamander anywhere within the complete tentative map area. The biologist shall then prepare a brief report documenting the results of the survey. If the habitat survey concludes that there is no suitable habitat, then no mitigation would be required at this time.

If the habitat survey concludes that there is suitable habitat for California tiger salamander within the tentative map area, the biologist shall conduct protocol surveys following the Interim Guidance on Site Assessment and Field Surveys for Determining Presence or a Negative Finding of the California Tiger Salamander (USFWS 2003) to determine whether there are California tiger salamander within the identified suitable habitat area.

EXHIBIT E
Compliance with this measure shall be documented and submitted to the City of Gonzales Planning Department. Prior to approval of a grading permit for any area within an individual tentative map area, the City of Gonzales Planning Department shall confirm compliance with this mitigation measure 7-2a.

Subsequent habitat surveys shall not be required for development within the area of an approved tentative map for 10 years from the date of the original habitat survey. Any portion of an individual tentative map area not developed within 10 years from the date of the original habitat survey shall thereafter be subject to a new survey in accordance with the procedures set forth herein.
7-2b If protocol surveys performed pursuant to 7-2a determine that California tiger salamander are present, the applicant shall seek Incidental Take Authorization pursuant to Fish and Game Code Section 2081(b) prior to ground disturbance. Measures to avoid and/or minimize direct take and to fully mitigate impacts of the take shall be implemented per conditions of the Incidental Take Permit.

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