January 12, 2022
Christian Murdock, AICP
Deputy Director of Planning
City Of Pacifica, Planning Department
540 Crespi Drive
Pacifica, CA 94044
Subject: Final Initial Study for the 570 Crespi Drive Project Dear Mr. Murdock:
Pursuant to CEQA Guidelines, a Draft Initial Study/Mitigated Negative Declaration (IS/MND) for the 570 Crespi Drive Project (SCH #2021120126) was released for public review from December 8, 2021, through January 10, 2022. The City of Pacifica did not receive any comment letters regarding the IS/MND during the public comment period. Thus, changes to the Draft IS/MND are not warranted and it should be considered the Final IS/MND. Attached to this memorandum is the Mitigation Monitoring and Reporting Program (MMRP) for the project, which presents all required mitigation measures, as well as the implementation schedule and monitoring agency for each measure.
If you have any questions regarding the contents of this document, please feel free to contact me at (916) 372-6100, or via email at [email protected].
Best Regards,
Rod Stinson
Vice President
phone. (916) 372-6100 1501 Sports Drive, Suite A Sacramento, CA 95834 fax. (916) 419-6108 www.raneymanagement.com
Attachment 1: Mitigation Monitoring and Reporting Program 570 Crespi Drive Project 1
Mitigation Monitoring and Reporting Program January 2022 570 Crespi Drive Project
Mitigation Monitoring and Reporting Program
January 2022
The California Environmental Quality Act (CEQA) and CEQA Guidelines require Lead Agencies to adopt a program for monitoring the mitigation measures required to avoid the significant environmental impacts of a project. The Mitigation Monitoring and Reporting Program (MMRP) ensures that mitigation measures imposed by the City are completed at the appropriate time in the development process.
The mitigation measures identified in the Initial Study/Mitigated Negative Declaration (IS/MND) for the 570 Crespi Drive Project are listed in the MMRP along with the party responsible for monitoring implementation of the mitigation measure, the milestones for implementation and monitoring, and a sign-off that the mitigation measure has been implemented. 570 Crespi Drive Project 2
Mitigation Monitoring and Reporting Program January 2022
MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Mitigation Measure
Implementation
Schedule
Monitoring
Agency Sign-Off
IV. Biological Resources
Special-Status and Migratory Birds
IV-1. To ensure compliance with protections for migratory birds under the Migratory Bird Treaty Act and the California Fish and Game Code, the measures outlined below shall be implemented prior to the commencement of construction activities. Evidence of compliance shall be submitted to the City’s Planning Department for review and approval.
1. If construction activities are scheduled to occur outside of the breeding season (i.e., September 1 through January
31), no pre-construction surveys or other mitigation
measures are necessary.
2. If construction activities are scheduled to occur during the breeding season (i.e., February 1 through August 31), a preconstruction nesting bird survey shall be conducted on the identified work area and a buffer zone (see #3, below).
The survey shall be performed by a qualified biologist no more than two weeks prior to the initiation of work. If no nesting or breeding activity is observed, work may proceed without restrictions. To the extent allowed by access, all active nests identified within 76 meters (m) (250 feet [ft]) for raptors and 33 m (100 ft) for other protected bird species shall be mapped.
3. For any active nests found near the construction limits (76 m [250 ft] for raptors and 33 m [100 ft] for other protected bird species), the project biologist shall make a
determination as to whether or not construction activities are likely to disrupt reproductive behavior. If it is determined that construction is unlikely to disrupt breeding behavior, construction may proceed. If it is determined that
construction may disrupt breeding, the no-construction
buffer zone shall be expanded; avoidance is the only
mitigation available. The ultimate size of the noNot more than two weeks prior to the initiation of
work, if construction
activities are scheduled to
occur during the breeding
season (i.e., February 1
through August 31).
City of Pacifica
Planning Department
CDFW
USACE
570 Crespi Drive Project 3
Mitigation Monitoring and Reporting Program January 2022
MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Mitigation Measure
Implementation
Schedule
Monitoring
Agency Sign-Off
construction buffer zone may be adjusted by the project biologist based on the species involved, topography, lines of site between the work area and the nest, physical
barriers, and the ambient level of human activity. For
raptors, the project biologist shall contact CDFW and/or the USFWS Division of Migratory Bird Management for
guidance regarding site evaluations and buffer
adjustments.
If it is determined that construction activities are likely to disrupt raptor breeding, construction activities within the noconstruction buffer zone may not proceed until the project biologist determines that the nest is long longer occupied.
4. If maintenance of a no-construction buffer zone is not practicable, active nests shall be monitored by a qualified biologist to document breeding and rearing behavior of the adult birds. If it is determined that construction activities might cause nest abandonment, work should cease until
the project biologist determines that the nest is no longer occupied. For raptors, the CDFW and/or the USFWS
Division of Migratory Bird Management should be contacted for guidance.
IV-2(a). Prior to the start of any construction activities, a temporary sediment and debris barrier shall be installed on the southern limit of the construction area that slopes toward the arroyo willow and emergent wetland habitat. The fence also will double as a wildlife exclusion fence during construction. The fence shall consist of standard construction silt fence material with a height of 36 inches.
The lower six inches of fence material shall either be folded toward the construction side of the fence and weighted down with soil or sandbags, or backfilled in a trench; with both methods, the purpose is to completely contact the surface so that water and sediment will not flow under it, and wildlife will not enter the work area from the wetland. The barrier shall be maintained throughout the duration of the construction period. Evidence of compliance with this measure Prior to the start of any
construction activities.
City of Pacifica
Planning Department
570 Crespi Drive Project 4
Mitigation Monitoring and Reporting Program January 2022
MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Mitigation Measure
Implementation
Schedule
Monitoring
Agency Sign-Off
shall be submitted to the City’s Planning Department prior to the start of any construction activities.
IV-2(b). A qualified biologist, or a designated representative who has been trained by a qualified biologist, shall inspect the area inside of the sediment and debris barrier for special-status species every day before construction activities commence. If any special‐status species are found, the qualified biologist shall be immediately contacted [if the survey was conducted by the designated representative], construction activities shall not be allowed to start, and the USFWS and CDFW shall be consulted on an appropriate course of action. Such action could include leaving the animal alone to move away on its own or the relocation of the animal to an area outside of the construction area. Evidence of compliance with this measure shall be submitted to the City’s Planning Department.
Daily, before construction
activities commence,
throughout the duration of
the construction period.
City of Pacifica
Planning Department
CDFW
USFWS
IV-3. Prior to initiation of grading, excavation, or other construction activities, the applicant shall obtain permit authorization, as determined by USACE, to fill waters of the U.S. under Section 404 of the federal Clean Water Act (Section 404 Permit) from USACE.
The Section 404 Permit application shall include an assessment of directly impacted, avoided, and preserved acreages of waters of the U.S. Mitigation measures may be developed as part of the Section 404 Permit to ensure no net loss of wetland function and values, although the USACE may not require compensatory mitigation for the loss of less than 1/10 acre of wetlands, or for the loss of streams or other open waters. Final mitigation requirements shall be developed in consultation with USACE. A copy of the Section 404 Permit issued for the project shall be submitted to the City’s Planning Department prior to commencement of grading,
excavation, or other construction activities.
Prior to initiation of grading,
excavation, or other
construction activities.
City of Pacifica
Planning Department
USACE
IV-4. If required and prior to initiation of grading, excavation or other construction activities, the project applicant shall submit to the San Francisco Bay Regional Water Quality Control Board an application for Clean Water Act Section 401 Water Quality Certification and/or Waste Discharge Requirements for Projects Involving Discharge of Dredged and/or Fill Material to Waters of the State. The project Prior to initiation of grading,
excavation, or other
construction activities.
City of Pacifica
Planning Department
San Francisco Bay
Regional Water
Quality Control Board
570 Crespi Drive Project 5
Mitigation Monitoring and Reporting Program January 2022
MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Mitigation Measure
Implementation
Schedule
Monitoring
Agency Sign-Off
applicant shall be responsible for conducting all project activities in accordance with the permit provisions outlined in the applicable permit. A copy of the Water Quality Certification or waiver issued for the project shall be submitted to the City’s Planning Department prior to commencement of grading, excavation, or other
construction activities.
IV-5. Prior to issuance of a grading or building permit, a qualified arborist shall survey the on-site trees and evaluate which trees are protected under Title 4, Chapter 12 of the City’s Municipal Code, and the project applicant shall obtain Heritage Tree Removal Authorization from the City of Pacifica Planning Commission for any heritage trees to be removed, work within the dripline of any heritage tree, or substantial trimming of any heritage tree. Prior to issuance of a certificate of occupancy, the project applicant shall complete planting of any replacement trees required as part of the Planning Commission’s heritage tree removal authorization or other authorizations. In addition, the project applicant shall prepare and submit a tree protection plan prior to the approval of heritage tree removal authorizations or other authorizations in accordance with the City Municipal Code, Sections 4-12.02 through 4-12.11, and prior to commencement of any construction activity shall implement any tree protection measures identified to protect trees which will not be removed during construction.
Prior to issuance of a
grading or building permit.
City of Pacifica
Planning Commission
V. Cultural Resources
V-1. If any potentially historic resources, prehistoric or historic artifacts, or other indications of cultural deposits, such as historic privy pits or trash deposits, are found once ground disturbing activities are underway, all work within the vicinity of the find(s) shall cease, the find(s) shall be immediately evaluated by a qualified archaeologist, and the City’s Planning Department shall be notified of the find(s). If the find is determined to be a historical or unique archaeological resource, as determined by the qualified archeologist, contingency funding and a time allotment to allow for implementation of avoidance measures or appropriate mitigation shall be made available (CEQA Guidelines Section 15064.5). Work may continue During construction
activities and included via
notation on improvement
plans and building permit
plans.
City of Pacifica
Planning Department
570 Crespi Drive Project 6
Mitigation Monitoring and Reporting Program January 2022
MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Mitigation Measure
Implementation
Schedule
Monitoring
Agency Sign-Off
on other parts of the project site while historical or unique archaeological resource mitigation takes place (Public Resources Code Sections 21083 and 21087).
The requirements of this mitigation measure shall be included via notation on all project improvement plans and building permit plans for review and approval by the City of Pacifica Planning Department.
V-2. In the event of the accidental discovery or recognition of any human remains, further excavation or disturbance of the find or any nearby area reasonably suspected to overlie adjacent human remains shall not occur until compliance with the provisions of CEQA Guidelines Section 15064.5(e)(1) and (2) has occurred. The Guidelines specify that in the event of the discovery of human remains other than in a dedicated cemetery, no further excavation at the site or any nearby area suspected to contain human remains shall occur until the County Coroner has been notified to determine if an investigation into the cause of death is required. If the Coroner determines that the remains are Native American, then, within 24 hours, the Coroner must notify the Native American Heritage Commission, which in turn will notify the most likely descendants who may recommend treatment of the remains and any grave goods. If the Native American Heritage Commission is unable to identify a most likely descendant or most likely descendant fails to make a recommendation within 48 hours after notification by the Native American Heritage Commission, or the landowner or his authorized agent rejects the recommendation by the most likely descendant and mediation by the Native American Heritage Commission fails to provide a measure acceptable to the landowner, then the landowner or his authorized representative shall rebury the human remains and grave goods with appropriate dignity at a location on the property not subject to further disturbances. If human remains are encountered, a copy of the resulting County Coroner report noting any written consultation with the Native American Heritage Commission shall be submitted as proof of compliance to the City During construction
activities and included via
notation on improvement
plans and building permit
plans.
City of Pacifica
Planning Department
San Mateo County
Coroner
Native American
Heritage Commission
570 Crespi Drive Project 7
Mitigation Monitoring and Reporting Program January 2022
MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Mitigation Measure
Implementation
Schedule
Monitoring
Agency Sign-Off
of Pacifica Planning Department.
The requirements of this mitigation measure shall be included via notation on all project improvement plans and building permit plans for review and approval by the City of Pacifica Planning Department.
VII. Geology and Soils
VII-1. All grading and foundation plans for the development shall be designed by a Civil and Structural Engineer and reviewed and approved by the Director of Public Works/City Engineer, Chief Building Official, and a qualified Geotechnical Engineer prior to issuance of a grading or building permit to ensure that all geotechnical recommendations specified in the Geotechnical Investigation, dated January 2016, and the Response to
Geotechnical Peer Review, dated April 30, 2020, prepared for the proposed project by GeoForensics, Inc. are properly incorporated and utilized in the project design.
Prior to issuance of a
grading or building permit.
City of Pacifica
Director of Public
Works/City Engineer
City of Pacifica Chief
Building Official
Qualified Geotechnical
Engineer
VII-2. Implement Mitigation Measure VII-1. See Mitigation Measure VII1.See Mitigation Measure VII-1.
VII-3. In the event that paleontological resources, including individual fossils or assemblages of fossils, are encountered during construction activities all ground disturbing activities shall immediately halt and a qualified paleontologist shall be procured to evaluate the discovery for the purpose of recording, protecting, or curating the discovery as appropriate. The qualified paleontologist shall provide the City of Pacifica Planning Department with a report detailing the findings and method of curation or protection of the resources for review and approval by City Planning staff prior to recommencing construction.
During construction
activities.
City of Pacifica
Planning Department
IX. Hazards and Hazardous Materials
IX-1. Prior to initiation of grading, excavation, or other ground-disturbing activities on the northern portion of the project site, the project applicant shall complete an analysis of on-site soils to determine whether substantial concentrations of soil contaminants are present above the applicable direct exposure Environmental Screening Prior to initiation of grading,
excavation, or other
ground-disturbing activities
on the northern portion of
the site.
City of Pacifica
Planning Department
San Mateo County
Environmental Health
570 Crespi Drive Project 8
Mitigation Monitoring and Reporting Program January 2022
MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Mitigation Measure
Implementation
Schedule
Monitoring
Agency Sign-Off
Levels (ESLs) set by the Regional Water Quality Control Board. If contaminants are not detected above applicable ESLs, then further mitigation is not required. If contaminants are detected above the applicable ESLs, then the soils shall be remediated by off-hauling to a licensed landfill facility. Such remediation activities shall be performed by a licensed hazardous waste contractor (Class A) and contractor personnel that have completed 40-hour OSHA
Hazardous Waste Operations and Emergency Response
(HAZWOPER) training, and overseen by the San Mateo County Environmental Health Services Division. The results of soil sampling and analysis, as well as verification of proper remediation and disposal, shall be submitted to the City of Pacifica Planning Department for review and approval.
Services Division
IX-2. Implement Mitigation Measure IX-1. See Mitigation Measure IX1. See Mitigation Measure IX-1.
IX-3. Prior to the issuance of a building permit, the project shall demonstrate compliance with the 26-foot access road width, or obtain Fire Marshall approval of an Alternative Methods and Materials request by the NCFA to deviate from the 26-foot access road width requirement for the Project.
Prior to the issuance of a
building permit.
City of Pacifica
Planning Department
City of Pacifica Fire
Marshall
X. Hydrology and Water Quality
X-1. During construction, the contractor shall implement BMPs to reduce pollutants in stormwater discharges to the maximum extent practicable, which may include but are not necessarily limited to the following practices, or other BMPs identified in the California Stormwater Quality Association (CASQA) Construction BMP Handbook and in the City’s Municipal Regional Permit for stormwater discharges:
• 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) shall be employed to control erosion from disturbed areas;
• Inactive construction areas (previously graded areas
During construction
activities and included via
notation on project
Improvement Plans.
City Engineer
570 Crespi Drive Project 9
Mitigation Monitoring and Reporting Program January 2022
MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Mitigation Measure
Implementation
Schedule
Monitoring
Agency Sign-Off
inactive for 10 days or more) that could contribute sediment to waterways shall be covered or treated with nontoxic soil stabilizers;
• Exposed stockpiles of dirt or other loose, granular
construction materials that could contribute sediment to waterways shall be enclosed or covered;
• The contractor shall ensure that no earth or organic
material will be deposited or placed where such materials may be directly carried into a stream, marsh, slough,
lagoon, or body of standing water;
• The following types of materials shall not be rinsed or washed into the streets, shoulder areas, or gutters:
concrete, solvents and adhesives, thinners, paints, fuels, sawdust, dirt, gasoline, asphalt and concrete saw slurry, and heavily chlorinated water; and
• Grass or other vegetative cover shall be established on the construction site as soon as possible after disturbance.
The applicable BMPs shall be included via notation on the project Improvement Plans for review and approval by the City Engineer prior to issuance of a grading, excavation, or building permit.
X-2. Prior to issuance of a certificate of occupancy for any component of the proposed project, the project applicant shall execute and record a Maintenance Agreement addressing future maintenance of the stormwater treatment measures required to comply with Provision C.3 of the Municipal Regional Permit. The Maintenance Agreement shall be subject to review and approval by the City Engineer and the City Attorney’s Office.
Prior to issuance of a
certificate of occupancy for
any component of the
proposed project.
City Engineer
City Attorney’s Office
X-3 Prior to issuance of a certificate of occupancy for any component of the proposed project, the project applicant shall install all required stormwater treatment measures, and demonstrate full compliance with the stormwater treatment plans prepared for the proposed project. Evidence of such shall be submitted to the City Engineer for review and approval.
Prior to issuance of a
certificate of occupancy for
any component of the
proposed project.
City Engineer
570 Crespi Drive Project 10
Mitigation Monitoring and Reporting Program January 2022
MITIGATION MONITORING AND REPORTING PROGRAM
570 Crespi Drive Project
Mitigation Measure
Implementation
Schedule
Monitoring
Agency Sign-Off
XIII. Noise
XIII-1. Pile driving shall be prohibited during construction of the proposed project. Compliance with such shall be ensured by the City of Pacifica Planning Division.
During construction
activities.
City of Pacifica
Planning Department
XVII. Transportation
XVII-1. Implement Mitigation Measure IX-3. See Mitigation Measure IX3.See Mitigation Measure IX-3.
XVIII. Tribal Cultural Resources
XVIII-1. Implement Mitigation Measures V-1 and V-2. See Mitigation Measures V1 and V-2. See Mitigation Measures V-1 and V-2.