RESOLUTION R2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE BROWNS VALLEY SUBDIVISION WHEREAS, on December 28, 2021, Edenbridge Homes (the “Applicant”) submitted an application (File No.PL21-0179) for approval of a request for Annexation, a Design Review Permit pursuant to NMC Chapter 17.62 (“Design Review Permit”) for design of a subdivision and house plans, a Use Permit pursuant to NMC Chapter 17.60 (“Use Permit”) for the application of small lot development and flag lot standards and a Vesting Tentative Subdivision Map pursuant to NMC Chapter 16.20 (“Vesting Tentative Map”) to subdivide an 3.77-acre property located at 3090 Browns Valley Road (“Site”), into eleven single-family lots (APN 041-170-009) (the “Project”); and WHEREAS, the California Environmental Quality Act, Public Resources Code, Section 21000 et seq. (“CEQA”), requires that the City consider the potential environmental impacts of the Project prior to approving any entitlements for the Project; and WHEREAS, in accordance with CEQA, the City of Napa Community Development Department prepared an Initial Study for the Browns Valley Subdivision Project which concludes that the Project, with incorporation of certain mitigation measures, will not have a significant effect on the environment; therefore, a Mitigated Negative Declaration has been prepared for adoption; and WHEREAS, the City of Napa prepared a Mitigated Negative Declaration for the Project, pursuant to CEQA and the CEQA Guidelines, Code of California Regulations, Title XIV, Section 15000 et seq., and the City of Napa CEQA Guidelines, which is attached to the staff report as Attachment 4 and is also available for review upon request at the City of Napa Community Development Department, 1600 First Street, Napa, CA 94559 and incorporated herein by reference (“Mitigated Negative Declaration”) and a Mitigation Monitoring and Reporting Program attached hereto as Exhibit A and incorporated herein by reference (“MMRP”); and WHEREAS, on September 14, 2022, the City of Napa posted a Notice of Intent to Adopt a Mitigated Negative Declaration which identified the review period from September 16, 2022 to October 17, 2022, for review and comment by the public and public agencies having jurisdiction by law with respect to the Project; and WHEREAS, on January 19, 2023, the Planning Commission considered the Mitigated Negative Declaration and MMRP and all written and oral testimony submitted to it at a noticed public hearing on the Browns Valley Subdivision’s Annexation, Design Review Permit, Use Permit, and Vesting Tentative Map, at which time the Planning Commission heard a presentation by Staff and took public testimony, closed the public hearing, considered the adequacy of the Mitigated Negative Declaration and recommended that the City Council adopt resolutions adopting the Mitigated Negative Declaration and MMRP, initiating an Annexation and approving the Design Review Permit, Use Permit and Vesting Tentative Map; and WHEREAS, on March 21, 2023, the City Council considered the Mitigated Negative Declaration and MMRP and all written and oral testimony submitted to it at a noticed public hearing on the Project, at which time the City Council heard a presentation by Staff and took public testimony, and thereafter closed the public hearing and considered the adequacy of the Mitigated Negative Declaration.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Napa, as follows:
Section 1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council’s adoption of this Resolution. The record of Project’s environmental review shall be kept at the Napa City Community Development Department, 1600 First Street, Napa, CA 94559.
Section 2. After reviewing the Initial Study/Mitigated Negative Declaration, all written and oral comments received on the Mitigated Negative Declaration and all responses to such comments, the City Council hereby finds that there is no substantial evidence, in light of the whole record before the City Council, that the Project, as analyzed in the Initial Study/Mitigated Negative Declaration prepared for the Browns Valley Subdivision Project (PL21-0179) dated September 16, 2022, as mitigated, will have a significant effect on the environment; and that this determination reflects the City Council’s independent judgment.
Section 3. The City Council hereby adopts the Mitigated Negative Declaration attached to the staff report as Attachment 4 and incorporated herein by reference and the Mitigation Monitoring and Reporting Program for the Project attached hereto as Exhibit “A.” I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Napa at a public meeting of said City Council held on the 21st day of February, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: ________________________
Tiffany Carranza
City Clerk
Approved as to form:
Michael W. Barrett
City Attorney
Exhibit A
Browns Valley Subdivision Project Mitigation Monitoring and Reporting Program Browns Valley Subdivision Project Mitigation Monitoring and Reporting Program Mitigation Measures
Method of Verification
Timing of Verification
Responsible for Verification
Verification of Completion
Date
Initial
3.3 Air Quality
MM AIR-1: Implement the City’s 2015 Housing Element EIR’s MM AIR-2a and BAAQMD Best Management Practices During Construction The following measures as recommended by the Bay Area Air Quality Management District (BAAQMD) and incorporated within MM AIR-2a of the 2015 Housing Element EIR shall be included in the design of the proposed project and implemented during construction:
All exposed non-paved surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and access roads) shall be watered at least two times per day and/or non-toxic soil stabilizers shall be applied to exposed non-paved surfaces. Additionally, active areas adjacent to residences should be kept damp at all times.
All haul trucks transporting soil, sand, or other loose material off-site shall be covered and/or shall maintain at least 2 feet of freeboard All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. Hydroseed or non-toxic soil stabilizers shall be applied to inactive construction areas (i.e., previously graded areas that are inactive for 10 days or more).
Exposed stockpiles shall be enclosed, covered, watered twice daily, or treated with non-toxic soil binders.
Vegetation in disturbed areas shall be replanted as quickly as possible.
Construction activities that cause visible dust plumes to extend beyond the construction site shall be suspended.
Idling times shall 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 (ACTM) Title 13, Section 2485 of California Code of Regulations. Clear signage regarding idling restrictions shall be provided for construction workers at all access points.
All construction equipment shall 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.
The prime construction contractor shall post a publicly visible sign with the telephone number and person to contact regarding dust complaints. The City and the construction contractor shall take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.
Include in project construction documents; review of project design plans; conduct site inspection.
Prior to City approval of project plans; during all construction activities.
City of Napa.
MM AIR-2: Implement the City’s 2015 Housing Element EIR MM AIR-2b During Construction To reduce exhaust emissions from off-road construction equipment, the following measures or measures recommended by BAAQMD at the time of construction shall be implemented, including but not limited to:
The Developer or Contractor shall provide a plan for approval by the City or BAAQMD demonstrating that heavy-duty off-road vehicles to be used in the construction project, including owned, leased, and/or subcontractor vehicles, shall meet or exceed EPA Tier 3 off-road emissions standards when more than five pieces of off-road diesel equipment with a horsepower greater than 70 per piece of equipment would operate on one day. The plan shall include quantification of air pollutant emissions demonstrating that the proposed project would not exceed the BAAQMD’s thresholds of significance for project construction.
Clear signage at all construction sites will be posted indicating that diesel equipment standing idle for more than five minutes shall be turned off. This would include trucks waiting to deliver or receive soil, aggregate, or other bulk materials. Rotating drum concrete trucks can keep their engines running continuously as long as they are on-site or adjacent to the construction site.
The contractor shall install temporary electrical service whenever possible to avoid the need for independently powered equipment (e.g., compressors).
Properly tune and maintain equipment for low emissions.
Include in project construction documents; review of project design plans; conduct site inspection.
Prior to City approval of project plans; during all construction activities.
City of Napa
3.4 Biological Resources
MM BIO-1: Aquatic Species Pre-construction Survey and Avoidance: No more than twenty-four (24) hours prior to the date of initial ground disturbance, a qualified biologist shall perform a pre-construction survey for the California freshwater shrimp, steelhead, foothill yellow-legged frog, California red-legged frog, and western pond turtle. The survey shall consist of walking the project boundary and within the project site to ascertain the possible presence of the species. The qualified biologist shall investigate all potential areas that could be used by aquatic special-status species for feeding, breeding, sheltering, movement, and other essential behaviors. Results of the survey shall be documented. Comply with MM BIO-8 if species are detected.
If any of the special-status species listed above, or their eggs, are found, the qualified biologist shall request guidance from California Department of Fish and Wildlife (CDFW) on avoiding impacts. No work shall occur in the creek channel of Browns Valley Creek or below the tops of the creek banks without written authorization from the CDFW. In the event adult foothill yellow-legged frogs or California red-legged frogs are observed, a temporary wildlife exclusion fence shall be installed, if requested by the CDFW, to prevent frogs and/or other special-status species from entering the work site.
No streambanks outside of the project footprint shall be impacted or disturbed. No sediment from the project area shall be allowed to enter the stream channel. Flowing water and standing pools of water shall be completely avoided. Silt fencing and any other necessary erosion controls shall be installed between the work area and the stream channel to ensure sediment is prevented from entering the stream, unless otherwise approved in writing by the CDFW. The silt fence shall be checked daily by the qualified biologist or a designated construction crew member, including during periods of inactivity, and any necessary repairs shall be made immediately.
If sediment or any other materials from the project area enter the stream channel, project construction shall immediately stop and the qualified biologist shall immediately notify the CDFW.
If take of California Endangered Species Act (CESA) Listed species cannot be avoided, the project shall consult with CDFW pursuant to CESA and obtain an Incidental Take Permit (ITP).
Provide proof of on-site pre-construction survey; documentation and submittal of survey results.
Consultation with CDFW if any of the special-status species listed above, or their eggs, are found.
Include in project construction documents the project footprint and water quality measures to avoid streambank and stream channel disturbance.
Notify CDFW if sediment or any other materials from the project area enter the stream channel.
Consultation with CDFW if take of CESA Listed species cannot be avoided.
No more than 24 hours prior to initial ground disturbance.
During construction.
Qualified biologist; City of Napa; CDFW.
MM BIO-2: Worker Environmental Awareness Program
All construction personnel shall participate in a worker environmental awareness program. These personnel shall be informed about the possible presence of all special-status species and habitats associated with the species identified to be potentially present in the project vicinity and that unlawful take of the animal or destruction of its habitat is a violation of federal and State laws. Prior to construction activities, the qualified biologist shall instruct all construction personnel about (1) the description and status of the species; (2) the importance of their associated habitats; and (3) a list of measures being taken to reduce impacts on these species during project construction and implementation. A fact sheet conveying this information shall be prepared for distribution to the construction crew and anyone else who enters the project site.
Verify instruction of crew by qualified biologist and distribution of fact sheets; proof of attendance of worker environmental awareness program.
Prior to construction activities.
City of Napa.
MM BIO-3: Minimize Area of Disturbance
Project activities shall be limited to the smallest area necessary for equipment staging, site access, construction equipment and personnel parking, debris storage, etc.
Review construction plans.
During construction activities.
City of Napa.
MM BIO-4: Noise and Lighting Restrictions
Construction shall be limited to daylight hours to prevent nighttime construction noise impacts to wildlife and no construction site flood lighting shall be utilized.
Review construction plans.
During construction activities.
City of Napa.
MM BIO-5: Food and Trash
To eliminate an attraction for the predators of special-status species, all food-related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in solid, closed containers (trash cans) and removed from the construction site daily.
Inclusion in construction plans; conduct site inspection.
During construction activities.
City of Napa.
MM BIO-6: Prohibition of Plastic Mono-filament Netting
Plastic mono-filament netting (erosion control matting, wattles), rolled erosion control products or similar material shall not be used at the project site to prevent trapping California red-legged frogs, or other wildlife species.
Inclusion in construction plans.
During construction activities.
City of Napa.
MM BIO-7: Listed Species:
If a species listed under the federal or State endangered species act(s) is confirmed to be present in or near the parcel, a qualified biologist shall consult with the California Department of Fish and Wildlife (CDFW) and/or the United States Fish and Wildlife Service (USFWS) and/or the National Oceanic and Atmospheric Administration National Marine Fisheries Service (NOAA Fisheries), depending on the species. The qualified biologist shall have oversight over implementation of all the conservation measures recommended by the CDFW and/or the USFWS and/or NOAA Fisheries and shall have the authority and responsibility to stop project activities if they determine any of the associated requirements are not being fulfilled.
Consultation with CDFW, USFWS, and/or the National Oceanic and Atmospheric Administration National Marine Fisheries Service (NOAA Fisheries) depending on the species.
During construction activities.
City of Napa; qualified biologist; CDFW; USFWS; NOAA Fisheries MM BIO-8: Relocation of Aquatic Special-Status Species
If an aquatic special-status species is found during construction, all work shall cease in the area where the individual was found until the animal leaves the impact area on its own. If this is not possible, a qualified biologist shall contact CDFW/USFWS as appropriate to determine whether the animal can be moved to an appropriate relocation site. If moving the animal is approved, the project applicant shall ensure the qualified biologist is given sufficient time to complete the task. Only qualified biologists shall capture, handle, and move listed species. The qualified biologist shall monitor any relocated individual until it is determined that it is safe.
Conduct on-site inspection; if an aquatic special-status species is found, verify retention of qualified biologist; documentation of correspondence with CDWF/USFWS.
During construction activities.
City of Napa; qualified biologist; CDFW; USFWS.
MM BIO-9: Biological Monitor during Work in the Riparian Zone A biological monitor shall be present during all work within the riparian zone. The monitor shall ensure that silt fencing, snow fencing, or equivalent is installed to prevent debris from entering the creek during work in the riparian zone. If debris falls into the creek, demolition shall stop and additional methods shall be employed to prevent debris from falling into the creek. The biological monitor shall have the authorization to stop work in the riparian zone.
Verify retention of biological monitor; verification of adherence to debris prevention requirements.
During removal of structures within the riparian zone.
Biological monitor; City of Napa
MM BIO-10: Pre-Construction Survey for Nesting Birds
To avoid impacts to nesting birds and violation of State and federal laws pertaining to birds, all vegetation removal, use of heavy equipment, and ground disturbance should occur outside the avian nesting season (that is, prior to February 1 or after September 15). At a minimum, removal of trees and other woody vegetation outside of the nesting bird season is strongly recommended. If tree removal or ground disturbance occurs within the avian nesting season (from February 1 to September 15), all suitable habitats located within the project’s area of disturbance including maintenance areas, staging and storage areas, and access routes plus a 250-foot (passerines) and 1,000-foot (raptor nests) buffer around these areas shall be thoroughly surveyed, as feasible, for the presence of active nests by a qualified biologist no more than five days before commencement of any site disturbance activities and equipment mobilization. If project activities are delayed by more than five days, an additional nesting bird survey shall be performed. Active nesting is present if a bird is building a nest, sitting in a nest, a nest has eggs or chicks in it, or adults are observed carrying food to the nest. The results of the surveys shall be documented.
If pre-construction nesting bird surveys result in the location of active nests, no vegetation removal or maintenance activities shall take place within 250 feet of non-raptor nests and 1,000 feet of raptor nests, or as determined by a qualified biologist in consultation with the CDFW, as appropriate, until the chicks have fledged. Monitoring shall be required to ensure compliance with relevant California Fish and Game Code requirements. Monitoring dates and findings shall be documented.
If construction is scheduled to begin after March 1 (the start of the March 1-August 31 nesting season for Swainson’s hawk), Swainson’s hawk surveys shall be conducted by a qualified biologist pursuant to the Recommended timing and methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley Swainson’s Hawk (2000) survey protocol, within 0.25 mile of the project site. Pursuant to the above survey protocol, surveys shall be completed for at least the two survey periods immediately prior to a project’s initiation. It is recommended that surveys be completed in Period II (March 20 to April 5), Period III (April 5 to April 20), and Period V (June 10 to July 30); surveys are not recommended in Period IV (April 21-June10). If no nests are detected, construction can start. If a nest is detected, the qualified biologist shall request guidance from the CDFW on avoiding impacts to the nest. This may include a 0.25 mile no disturbance buffer zone around the nest, and restriction of project activities between March 1 and August 31. If take (i.e., physical harm) of Swainson’s hawk cannot be avoided, the project shall consult with CDFW pursuant to the California Endangered Species Act (CESA) and obtain an Incidental Take Permit (ITP).
If nesting tricolored blackbird or evidence of its presence is found during nesting bird surveys within 500 feet of the project site, the qualified biologist shall request guidance from CDFW on avoiding impacts. Construction shall not occur within 500 feet of an active nest unless otherwise approved in writing by the CDFW. If take of tricolored blackbird cannot be avoided, the project shall consult with CDFW pursuant to CESA and obtain an ITP.
Proof of nesting bird survey taken no more than five days before commencement of any site disturbance activities and equipment mobilization, if construction would occur from February 1 to September 15.
Proof of Swainson’s hawk surveys if construction would occur from March 1 to August 31.
Consultation with CDFW and obtain an ITP if take of Swainson’s hawk cannot be avoided.
Consultation with CDFW on avoiding nesting tricolored blackbird if found; obtain an ITP if take of tricolored blackbird cannot be avoided.
Prior to commencement of any site disturbance activities and equipment mobilization
During construction
Qualified biologist; City of Napa; CDFW.
MM BIO-11: Bat Protection Measures
The following measures will prevent significant project impacts to bat species. No less than 30 days prior to construction activities on the project site, including removal of trees or structures, a roosting bat survey shall be conducted within the impact area and a 50-foot buffer. The survey may be conducted at any time of year, but should be conducted in such a way as to allow sufficient time to determine whether special-status bat species or bat maternity colonies are present. The survey shall include observations of dusk emergence, a search for signs of bat activity, and the use of acoustic equipment to determine the types of bats present. Six trees and five buildings on-site have suitable roosting habitat for bats, all within the riparian zone. If possible, these buildings should not be removed during the bat torpor (“hibernation”) period between November 1 and March 1. No trees in the riparian zone are proposed to be removed. If bats are detected, the proposed project shall follow the recommendations of a qualified (5 years minimum experience) biologist to minimize impacts to bat species. Measures will be determined at the time in response to the situation, but may include exclusion or deterrence measures such as installing one way exits or removing roost habitat features after bats emerge in the evening. If an active maternity colony is detected (5 or more bats), a disturbance-free buffer shall be implemented until after maternity season (April 15 – September 15).
Conduct site survey; if bats are detected, inclusion of recommendations of a qualified biologist in construction documents and verification of adherence to recommendations.
No less than 30 days prior to construction activities; between November 1 and March 1; between April 15 and September 15 (if bats detected).
Qualified biologist; City of Napa.
MM BIO-12: Arborist’s Report
An arborist’s report shall be prepared by a qualified arborist documenting the species, diameter at breast height (dbh), and health of each tree on the project site. The report shall include recommendations to protect retained trees during construction, particularly trees protected by the City of Napa Municipal Code (Chapter 12.45 Trees on Private Property). Removed or damaged protected trees shall be replaced consistent with the requirements of the Municipal Code.
Verify preparation of arborist’s report, inclusion of recommendations in construction documents and adherence to recommendations; on-site inspection.
Prior to issuance of tree removal permit.
Qualified arborist; City of Napa.
MM BIO-13: Notification of Lake or Streambed Alteration: The applicant shall submit a Notification of Lake or Streambed Alteration to the California Department of Fish and Wildlife (CDFW) for the portions of the project in the riparian zone, including the rock energy dissipator and the building demolition in the riparian zone. Work in the riparian zone shall not start until a signed Streambed Alteration Agreement is issued by the CDFW, the CDFW indicates that a Streambed Alteration Agreement is not required, or the project is approved by CDFW under Operation of Law.
Proof of submission of Notification of Lake or Streambed Alteration to CDFW.
Prior to issuance of final permits.
City of Napa; CDFW.
MM BIO-14: Best Management Practices for Water Quality Protection:
Prior to the recordation of a final map or issuance of any grading or building permits, a Stormwater Pollution Prevention Plan (SWPPP) shall be prepared and implemented for the project consistent with Section 402 of the Clean Water Act. At a minimum, the SWPPP shall include the following Best Management Practices (BMPs) to protect water quality and avoid impacts to biological resources:
Construction or demolition in the riparian zone will shall be restricted to the dry season from April 15 to October 31, or as otherwise specified in the Lake and Streambed Alteration Agreement with the California Department of Fish and Wildlife (CDFW).Construction and demolition shall not occur in the riparian zone during or within 24 hours following rain events of 0.25-inch of rain or more, or when the 72-hour National Weather Service forecast is for 40 percent chance of rain or greater, or as otherwise specified in the SWPPP and the Lake and Streambed Alteration Agreement with the CDFW.
No trees shall be removed in the riparian zone unless it poses a safety hazard as determined by an arborist.
Travel and parking of vehicles and equipment shall be limited to pavement, existing roads, and previously disturbed areas.
Temporarily impacted areas shall be restored to preexisting contours and revegetated.
All potential pollutants, including solid wastes, petroleum products, chemicals, wastewater, sediment, and non-stormwater discharges shall be controlled and shall not be discharged to Browns Valley Creek or other waterways.
Cleaning, fueling, or maintaining vehicles/equipment on property shall be avoided except in designated areas in which runoff is contained and treated.
Soils and other materials shall be removed from the site promptly and stockpiling material shall be avoided when rain is forecast. If rain threatens, stockpiles, soils, and other materials shall be covered with a tarp or other material to minimize erosion.
A hazardous spill plan shall be developed prior to the start of construction.
The plan shall describe what actions shall be taken in the event of a spill.
The plan shall incorporate preventive measures to be implemented, such as vehicle and equipment staging, cleaning, maintenance, and refueling; and contaminant (including fuel) management and storage.
In the event of a contaminant spill, work at the site shall immediately cease until the contractor has contained and mitigated the spill.
The contractor shall immediately prevent further contamination and notify appropriate authorities.
Adequate spill containment materials, such as oil diapers and hydrocarbon cleanup kits will always be available on-site. Containers for storage, transportation, and disposal of contaminated absorbent materials shall be provided on the project site.
All materials and equipment shall be removed from the work site immediately after completion of construction.
Copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board Prior to the recordation of a final map or issuance of any grading or building permits, City of Napa.
3.5 Cultural Resources
MM CUL-1: Inadvertent Discovery of Cultural Resources
An Archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology will be present on the project site to monitor initial clearing and grubbing as well as grading and trenching. In the event exposed soils indicate cultural materials may be present, this may be followed by regular or periodic archaeological monitoring as determined by the Archaeologist. In the event that previously unidentified paleontological, archaeological or historical resources are uncovered during Site preparation, excavation or other construction activity, all such activity within 100 feet of the discovery shall cease until the resources have been evaluated by a qualified professional, and specific measures can be implemented to protect these resources in accordance with sections 21083.2 and 21084.1 of the California Public Resources Code. An Archaeologist who meets the Secretary of Interior’s Professional Qualification Standards for archaeology shall be consulted to determine whether the resource requires further study. The Lead Agency shall require the standard inadvertent discovery clause to be included on the grading plans to inform contractors of this requirement. Potentially significant cultural resources consist of but are not limited to stone, bone, fossils, wood, or shell artifacts or features, including hearths, structural remains, or historic dumpsites. The qualified Archaeologist shall make recommendations to the Lead Agency concerning appropriate measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with CEQA Guidelines, Section 15064.5. Any previously undiscovered resources found during construction within the project site should be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of CEQA Guidelines.
Verify retention of qualified archaeologist; on-site monitoring by qualified archaeologist; submittal of DPR forms; inclusion in construction documents and grading plans.
During initial clearing and grubbing, grading, and trenching.
Qualified archaeologist; City of Napa.
MM CUL-2: Accidental Discovery of Human Remains
In the event that human remains are uncovered during Site preparation, excavation or other construction activity, all such activity within 100 feet of the discovery shall cease until the remains have been evaluated by the County Coroner, and appropriate action taken in coordination with the Native American Heritage Commission, in accordance with section 7050.5 of the California Health and Safety Code or, if the remains are Native American, section 5097.98 of the California Public Resources Code. If the coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, he or she shall contact the California Native American Heritage Commission by telephone within 24 hours. The Commission shall immediately notify those persons it believes to be most likely descended from the deceased Native American (California Health and Safety Code Section 5097.98). The most likely descendant(s) will work with the project supervisor to determine the most appropriate treatment of the remains. No ground-disturbing activities can resume within 50 feet of the find until the issue has been resolved to the satisfaction of the Commission and/or the most likely descendant(s).
Evaluation by the County Coroner; coordination with the Native American Heritage Commission.
In the event that human remains are discovered during site preparation; during construction activities.
County Coroner; Native American Heritage Commission; City of Napa.
MM CUL-3 Accidental Discovery of Native American Remains In the event that Native American human remains are found during development of the Project, the following provisions shall apply. The Medical Examiner shall immediately be notified, ground disturbing activities in that location shall cease and the Tribe shall be allowed, pursuant to California Public Resources Code Section 5097.98(a), to (I) inspect the site of the discovery and (2) make determinations as to how the human remains and grave goods should be treated and disposed of with appropriate dignity. The Tribe shall complete its inspection and make its MLD recommendation within forty-eight (48) hours of getting access to the site. The Tribe shall have the final determination as to the disposition and treatment of human remains and grave goods. Said determination may include avoidance of the human remains, reburial on-site, or reburial on tribal or other lands that will not be disturbed in the future. The Tribe may wish to rebury said human remains and grave goods or ceremonial and cultural items on or near the site of their discovery, in an area which will not be subject to future disturbances over a prolonged period of time. Reburial of human remains shall be accomplished in compliance with the California Public Resources Code Sections 5097.98(a) and (b). The term "human remains" encompasses more than human bones because the Tribe's traditions call for the burial of associated cultural items with the deceased (funerary objects), and/or the ceremonial burning of Native American human remains, funerary objects, grave goods and animals. Ashes, soils and other remnants of these burning ceremonies, as well as associated funerary objects and unassociated funerary objects buried with or found near the Native American remains are to be treated in the same manner as bones or bone fragments that remain intact.
Notification of Medical Examiner; on-site inspection by Tribe of the MLD; Conduct site inspection.
In the event that Native American human remains are found during construction activities.
Medical Examiner; Tribe of the MLD; City of Napa.
3.7 Geology and Soils
MM GEO-1: Worker Paleontology Awareness Program
In the event that previously unidentified paleontological, archaeological or historical resources are uncovered during site preparation, excavation or other construction activity, all such activity within 100 feet of the discovery shall cease until the resources have been evaluated by a qualified professional, and specific measures can be implemented to protect these resources in accordance with sections 21083.2 and 21084.1 of the California Public Resources Code.
Inclusion in construction documents; evaluation of resources by a qualified professional; verify cessation of activities within 100 foot buffer; verification of implementation of measures.
In the event that previously unidentified paleontological, archaeological, or historical resources are uncovered during Site preparation; during construction activities.
Qualified professional; City of Napa.
R2023-__________ Page 1 of 21 February 21, 2023
FirstCarbon Solutions 17
https://cityofnapa.sharepoint.com/sites/Planning/Shared Documents/Planning Division Files/Meetings PC-CHC-CC-PASC/2023 Meetings/PC Meetings 2023/01-19-23/21-0179 Browns Valley TM/PL21-0179 Browns Valley TM_ATCH 1_RESO - CEQA TM (1-12-23).docx ATTACHMENT 1
City of Napa
Browns Valley Subdivision Project Mitigation Monitoring and Reporting Program [Type here]EXHIBIT A[Type here]