Mitigation Monitoring and Reporting Program
for the
Dutra Property Subdivision Project
City of Manteca, San Joaquin County, California
State Clearinghouse No. 2022070148
Prepared for:
City of Manteca
Community Development Department
1001 West Center Street
Manteca, CA 95337
209.456.8516
Contact: Lea C. Simvoulakis, Planning Manager
Prepared by:
De Novo Planning Group
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
916.580.9818
Contact: Steve McMurtry, Principal
August 17, 2022
Exhibit "B"
Exhibit B- MMRP
ATTACHMENT 3
MITIGATION MONITORING AND REPORTING PROGRAM 2022
Dutra Property Subdivision 2
This document is the Mitigation Monitoring and Reporting Program (MMRP) for the Dutra Property Subdivision (Project). This MMRP has been prepared pursuant to Section 21081.6 of the California Public Resources Code, which requires public agencies to “adopt a reporting and monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.” A MMRP is required for the proposed Project because the MND has identified significant adverse impacts, and measures have been identified to mitigate those impacts.
The numbering of the individual mitigation measures follows the numbering sequence as found in the Initial Study.
MITIGATION MONITORING AND REPORTING PROGRAM
The MMRP, as outlined in the following table, describes mitigation timing, monitoring responsibilities, and compliance verification responsibility for all mitigation measures identified in the Initial Study.
The City of Manteca will be the primary agency responsible for implementing the mitigation measures and will continue to monitor mitigation measures that are required to be implemented during the operation of the proposed Project.
The MMRP is presented in tabular form on the following pages. The components of the MMRP are described briefly below:
• Mitigation Measures: The mitigation measures are taken from the Initial Study in the same order that they appear in that document.
• Mitigation Timing: Identifies at which stage of the project mitigation must be completed. • Monitoring Responsibility: Identifies the agency that is responsible for mitigation monitoring.
• Compliance Verification: This is a space that is available for the monitor to date and initial when the monitoring or mitigation implementation took place.
Exhibit "B" ATTACHMENT 3
MITIGATION MONITORING AND REPORTING PROGRAM 2022
Dutra Property Subdivision 3
TABLE 1: MITIGATION MONITORING AND REPORTING PROGRAM
ENVIRONMENTAL IMPACT MITIGATION MEASURE
MONITORING
RESPONSIBILITY
TIMING
VERIFICATION
(DATE/INITIALS)
AGRICULTURAL RESOURCES
Convert Prime Farmland, Unique
Farmland, or Farmland of
Statewide Importance (Farmland),
as shown on the maps prepared
pursuant to the Farmland Mapping
and Monitoring Program of the
California Resources Agency, to
non-agricultural use?
Mitigation Measure AG-1: Prior to the conversion of important farmland on the Project site, the Project applicant shall participate in the City’s agricultural mitigation fee program and the SJMSCP by paying the established fees on a per-acre basis for the loss of important farmland. Fees paid toward the City’s program shall be used to fund conservation easements on comparable or better agricultural lands to provide compensatory mitigation.
City of Manteca
Community
Development
Department
San Joaquin
Council of
Governments
Prior to site
disturbance
BIOLOGICAL RESOURCES
Have a substantial adverse effect,
either directly or through habitat
modifications, on any species
identified as a candidate, sensitive,
or special status species in local or
regional plans, policies, or
regulations, or by the California
Department of Fish and Game or
U.S. Fish and Wildlife Service?
Mitigation Measure BIO-1: Prior to commencement of any grading activities, the Project proponent shall seek coverage under the SJMSCP to mitigate for habitat impacts to covered special status species. Coverage involves compensation for habitat impacts on covered species through implementation of incidental take and minimization Measures (ITMMs) and payment of fees for conversion of lands that may provide habitat for covered special status species. These fees are used to preserve and/or create habitat in preserves to be managed in perpetuity. Obtaining coverage for a Project includes incidental take authorization (permits) under the Endangered Species Act Section 10(a), California Fish and Game Code Section 2081, and the MBTA. Coverage under the SJMSCP would fully mitigate all habitat impacts on covered special-status species.
City of Manteca
Community
Development
Department
San Joaquin
Council of
Governments
Prior to any
ground
disturbance
Conflict with the provisions of an
adopted Habitat Conservation
Plan, Natural Community
Conservation Plan, or other
approved local, regional, or state
habitat conservation plan?
Mitigation Measure BIO-2: Prior to the approval of improvement plans, the Project applicant shall provide a landscape plan that includes tree planting specifications established by the Manteca Municipal Code (17.19.060) for the replacement of any trees, excluding orchard and non-native trees, to be removed at a ratio of 1:1. Replacement trees shall be planted on-site at a location that is agreeable to the City.
City of Manteca
Community
Development
Department
Prior to any
ground
disturbance
CULTURAL AND TRIBAL RESOURCES
Exhibit "B" ATTACHMENT 3
2022 MITIGATION MONITORING AND REPORTING PROGRAM
4 Dutra Property Subdivision
ENVIRONMENTAL IMPACT MITIGATION MEASURE
MONITORING
RESPONSIBILITY
TIMING
VERIFICATION
(DATE/INITIALS)
Cause a substantial adverse
change in the significance of a
historical or archeological resource
pursuant to Section15064.5?
Mitigation Measure CUL-1: The Project applicant shall ensure that a training session for all workers is conducted in advance of the initiation of construction activities at the site. The training session will provide information on recognition of artifacts, human remains, and cultural deposits to help in the recognition of potential issues.
Mitigation Measure CUL-2: The Project applicant shall retain a qualified archaeologist to observe initial ground disturbance activities, during initial grading. If artifacts, exotic rock, shell or bone are uncovered during the construction, the archaeologist will be able to document the finding, and determine if additional work is necessary to excavate or remove the artifacts or feature.
Mitigation Measure CUL-3: If cultural resources (i.e., prehistoric sites, historic sites, isolated artifacts/features, and paleontological sites) are discovered during construction, work shall be halted immediately within 50 meters (165 feet) of the discovery, the City of Manteca shall be notified, and a qualified archaeologist that meets the Secretary of the Interior’s Professional Qualifications Standards in prehistoric or historical archaeology (or a qualified paleontologist in the event paleontological resources are found) shall be retained to determine the significance of the discovery. The City of Manteca shall consider recommendations presented by the professional for any unanticipated discoveries and shall carry out the measures deemed feasible and appropriate. Such measures may include avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures. Specific measures are developed based on the significance of the find.
City of Manteca
Community
Development
Department
Qualified
archaeologist
If any cultural
resources,
including
prehistoric or
historic
artifacts, or
other
indications of
archaeological
resources are
found during
grading and
construction
activities
Disturb any human remains,
including those interred outside of
formal cemeteries?
Mitigation Measure CUL-4: If any human remains are found during grading and construction activities, all work shall be halted immediately within 50 meters (165 feet) of the discovery and the County Coroner must be notified, according to Section 5097.98 of the State Public Resources Code and Section 7050.5 of California’s Health and Safety Code. If the remains are determined to be Native American, the coroner shall notify the Native American Heritage Commission, and the procedures outlined in CEQA Section 15064.5(d) and (e) shall be followed. Additionally, if the Native American resources are identified, City of Manteca
Community
Development
Department
Qualified
archaeologist
If any cultural
resources,
including
prehistoric or
historic
artifacts, or
other
indications of
Exhibit "B" ATTACHMENT 3
MITIGATION MONITORING AND REPORTING PROGRAM 2022
Dutra Property Subdivision 5
ENVIRONMENTAL IMPACT MITIGATION MEASURE
MONITORING
RESPONSIBILITY
TIMING
VERIFICATION
(DATE/INITIALS)
a Native American monitor, following the Guidelines for Monitors/Consultants of Native American Cultural, Religious, and Burial Sites established by the Native American Heritage Commission, may also be required and, if required, shall be retained at the applicant’s expense.
archaeological
resources are
found during
grading and
construction
activities
GEOLOGY, SOILS, AND MINERAL RESOURCES
Directly or indirectly cause
potential substantial adverse
effects, including the risk of loss,
injury, or death involving: Seismicrelated ground failure, liquefaction, lateral spreading,
subsidence, collapse, or soil
expansion.
Mitigation Measure GEO-1: Prior to issuance of any building permits, the Project applicant shall be required to submit building plans to the City of Manteca for review and approval. The building plans shall also comply with all applicable requirements of the most recent California Building Standards Code. All on-site soil engineering activities shall be conducted under the supervision of a licensed geotechnical engineer or certified engineering geologist.
City of Manteca
Community
Development
Department
Certified
geotechnical
engineer
Prior to clearing,
grading, and
disturbances to
the ground such
as stockpiling, or
excavation
Result in substantial soil erosion or
the loss of topsoil?
Mitigation Measure GEO-2: The Project applicant shall submit a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) to the RWQCB in accordance with the NPDES General Construction Permit requirements. The SWPPP shall be designed to control pollutant discharges utilizing Best Management Practices (BMPs) and technology to reduce erosion and sediments. BMPs may consist of a wide variety of measures taken to reduce pollutants in stormwater runoff from the Project site. Measures shall include temporary erosion control measures (such as silt fences, staked straw bales/wattles, silt/sediment basins and traps, check dams, geofabric, sandbag dikes, and temporary revegetation or other ground cover) that will be employed to control erosion from disturbed areas. Final selection of BMPs will be subject to approval by the City of Manteca and the RWQCB. The SWPPP will be kept on site during construction activity and will be made available upon request to representatives of the RWQCB.
City of Manteca
Community
Development
Department
Regional Water
Quality Control
Board
Prior to
earthmoving
activities
HAZARDS AND HAZARDOUS MATERIALS
Exhibit "B" ATTACHMENT 3
2022 MITIGATION MONITORING AND REPORTING PROGRAM
6 Dutra Property Subdivision
ENVIRONMENTAL IMPACT MITIGATION MEASURE
MONITORING
RESPONSIBILITY
TIMING
VERIFICATION
(DATE/INITIALS)
Create a significant hazard to the
public or the environment through
the routine transport, use, or
disposal of hazardous materials or
through the reasonably
foreseeable upset and accident
conditions involving the release of
hazardous materials into the
environment?
Mitigation Measure HAZ-1: The Project applicant shall hire a qualified consultant to perform soil and site testing to check whether hazardous conditions are present, prior to any grading activities. The soil sampling shall address the presence/absence of hazardous substances in the soils, including agrichemicals and/or petroleum products. A soil sampling and analysis workplan shall be shall be prepared and meet the requirements of the Department of Toxic Substances Control Interim Guidance for Sampling Agricultural Properties (2008). The soils in the area where farming equipment and/or tanks have been stored should be included in the soil sampling and analysis workplan.
If the sampling results indicate the presence of agrichemicals that exceed commercial screening levels, a removal action workplan shall be prepared in coordination with San Joaquin County Environmental Health Department. The removal action workplan shall include a detailed engineering plan for conducting the removal action, a description of the on-site contamination, the goals to be achieved by the removal action, and any alternative removal options that were considered and rejected and the basis for that rejection. A no further action letter shall be issued by San Joaquin County Environmental Health Department upon completion of the removal action. The removal action shall be deemed complete when the confirmation samples exhibit concentrations below the commercial screening levels, which will be established by the agencies.
If asbestos-containing materials and/or lead are found in the buildings, a California Occupational Safety and Health Administration (Cal/OSHA) certified asbestos containing building materials (ACBM) and lead based paint contractor shall be retained to remove the asbestos-containing materials and lead in accordance with EPA and Cal/OSHA standards. In addition, all activities (construction or demolition) in the vicinity of these materials shall comply with Cal/OSHA asbestos and lead worker construction standards. The ACBM and lead shall be disposed of properly at an appropriate offsite disposal facility.
Mitigation Measure HAZ-2 Prior to initiation of any ground disturbance activities within 50 feet of a well, the Project applicant shall hire a licensed well contractor to obtain a well abandonment permit from San Joaquin County San Joaquin
County
Department of
Environmental
Health
City of Manteca
Community
Development
Department
Prior to the
issuance of a
grading permit
Exhibit "B" ATTACHMENT 3
MITIGATION MONITORING AND REPORTING PROGRAM 2022
Dutra Property Subdivision 7
ENVIRONMENTAL IMPACT MITIGATION MEASURE
MONITORING
RESPONSIBILITY
TIMING
VERIFICATION
(DATE/INITIALS)
Environmental Health Department, and properly abandon the on-site wells, pursuant to review and approval of the City Engineer and the San Joaquin County Environmental Health Department.
NOISE
Impact 3.11-1: The proposed
Project may generate a substantial
temporary or permanent increase
in ambient noise levels in the
vicinity of the project in excess of
standards established in the local
general plan or noise ordinance, or
applicable standards of other
agencies.
Mitigation Measure NOISE-1: To reduce traffic noise increases, Oleander Avenue from “Street D” to Woodward Avenue shall be paved with quiet pavement. If an updated noise analysis, prepared to the satisfaction of the Community Development Director based on the project's circulation system approved by the City, demonstrates alternative means of mitigating the project’s noise increases to Oleander Avenue from “Street D” to Woodward Avenue to be less than 5 dBA, project applicant may choose to proceed with an alternative mitigation method with the express approval of the Community Development Director. If the updated noise analysis demonstrates that the anticipated noise increases to Oleander Avenue from “Street D” to Woodward Avenue no longer exceed 5 dBA based on the mitigating effects of revised circulation patterns or another design characteristics, the paving requirement would no longer apply.
Mitigation Measure NOISE-2a: Construction activities shall adhere to the requirements of the City of Manteca Municipal Code with respect to hours of operation. This requirement shall be noted in the improvements plans prior to approval by the City’s Public Works Department.
Mitigation Measure NOISE-2b: All equipment shall be fitted with factory equipped mufflers, and in good working order. This requirement shall be noted in the improvements plans prior to approval by the City’s Public Works Department.
City of Manteca
Public Works
Department
Prior to
approval of
improvements
plans
Generation of excessive
groundborne vibration or
groundborne noise levels?
Mitigation Measure NOISE-3: Any compaction required less than 26 feet from the adjacent residential structures shall be accomplished by using static drum rollers which use weight instead of vibrations to achieve soil compaction. As an alternative to this requirement, pre-construction crack documentation and construction vibration monitoring could be conducted to ensure that construction vibrations do not cause damage to any adjacent structures.
City of Manteca
Public Works
Department
Prior to
approval of
improvements
plans
Exhibit "B" ATTACHMENT 3
2022 MITIGATION MONITORING AND REPORTING PROGRAM
8 Dutra Property Subdivision
ENVIRONMENTAL IMPACT MITIGATION MEASURE
MONITORING
RESPONSIBILITY
TIMING
VERIFICATION
(DATE/INITIALS)
PUBLIC SERVICES
Would the project result in
substantial adverse physical
impacts associated with the
provision of new or physically
altered governmental facilities,
need for new or physically altered
governmental facilities, the
construction of which could cause
significant environmental impacts,
in order to maintain acceptable
service ratios, response times or
other performance objectives for
any of the public services: Parks
Mitigation Measure PUBLIC-1: The Project applicant shall pay applicable park in-lieu fees or dedicate parkland in accordance with the City of Manteca Municipal Code standards outlined in Chapter 3.20. Proof of payment of the in-lieu fees shall be submitted to the City Engineer.
City of Manteca
Public Works
Department
Prior to issuance
of building
permits for each
phase of the
Project
UTILITIES
Require or result in the relocation
or construction of new or
expanded water, wastewater or
storm water drainage, electric
power, natural gas, or
telecommunications facilities, the
construction or relocation of
which could cause significant
environmental effects?
Mitigation Measure UTIL-1: Prior to the issuance of a building or grading permit, the Project applicant shall submit a drainage plan to the City of Manteca for review and approval. The plan shall include an engineered storm drainage plan that demonstrates attainment of pre-Project runoff requirements prior to release at the outlet canal and describes the volume reduction measures and treatment controls used to reach attainment consistent with the Manteca Storm Drain Master Plan.
City of Manteca
Public Works
Department
Prior to issuance
of building
permits for each
phase of the
Project
Exhibit "B" ATTACHMENT 3
MITIGATION MONITORING AND REPORTING PROGRAM 2022
Dutra Property Subdivision 9
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Exhibit "B" ATTACHMENT 3