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Mitigation Monitoring and Reporting Program
for the
Baldwin Master Plan/Zacharias Master Plan Project
Draft Initial Study/Mitigated Negative Declaration
City of Patterson, Stanislaus County, California
Prepared for:
City of Patterson
1 Plaza, P.O. Box 667
Patterson, CA 95363
209.895.8020
Contact: Joel Andrews, City Planner
Prepared by:
FirstCarbon Solutions
1350 Treat Boulevard, Suite 380
Walnut Creek, CA 94597
925.357.2562
Contact: Jason Brandman, Project Director
Grant Gruber, Project Manager
Report Date: July 2, 2021
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City of Patterson–Baldwin Master Plan/Zacharias Master Plan Project Preface FirstCarbon Solutions 1 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/1790/17900003/MMRP/17900003 Baldwin Zacharias MMRP.docx
PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15097 require a Lead Agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) whenever it adopts a Mitigated Negative Declaration (MND) in conjunction with a project approval.
The purpose of the MMRP is to ensure compliance with the mitigation measures occurs during project implementation.
The Initial Study and Mitigated Negative Declaration (IS/MND) prepared for the Baldwin Master Plan/Zacharias Master Plan Project concluded that project implementation could result in potentially significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval that reduce these potential impacts to a less than significant level. This MMRP documents how and when the mitigation measures adopted by the lead agency will be implemented and confirms that potential environmental impacts are reduced to less than significant levels as identified in the MND.
This document does not discuss those subjects that the environmental analysis demonstrates would result in less than significant impacts and for which no mitigation was proposed or necessary.
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City of Patterson–Baldwin Master Plan/Zacharias Master Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 3
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Verification
Verification of Completion
Date Initial
3.2 Agricultural Resources
MM AG-1: Prior to issuance of the grading permit, the project applicant shall preserve Important Farmland acreage, as mapped by the California Department of Conservation
Farmland Mapping and Monitoring Program (FMMP), within
Stanislaus County (but outside of the Patterson Planning Area) at a ratio of no less than 1:1 for each acre of Important Farmland converted to non-agricultural use by the proposed project. Preserved acreage shall be of equal or higher quality to farmland converted to non-agricultural use by the
proposed project. The preservation shall be accomplished through one of the following approaches:
• The applicant shall enter into a binding agreement with one or more private property owners or third-party
organizations acceptable to the City of Patterson (e.g., Stanislaus County farm Bureau or the American Farmland
Trust) to permanently preserve farmland. The agreement
shall identify an irrevocable instrument that will be
recorded against the preserved acreage property. This
option shall be pursued if the City of Patterson does not have a farmland preservation program in place at the time permits are sought.
• If the City of Patterson establishes a farmland preservation program before the project applies for construction
permits for any phase of development, the City may
require the applicant to pay fees to the City of Patterson equivalent to cost of preserving Important Farmland. The City shall use the fees to fund an irrevocable instrument (e.g., deed restriction or reservation easements) to
permanently preserve farmland.
Submittal of
documentation
Prior to issuance of
the grading permit
City of Patterson
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MM AG-3: Prior to the issuance of the grading permit, the project applicant shall prepare and submit plans to the City of Patterson demonstrating that the 150-foot minimum setbacks have been established between the proposed project and all agricultural lands in unincorporated Stanislaus County zoned General Agriculture (A-2) and outside the Patterson Sphere of Influence. Pursuant to the County’s policy, permitted uses within the setback may include public roadways, utilities, drainage facilities, rivers and adjacent riparian areas, landscaping, parking lots, and similar low-people-intensive uses. Permitted uses may also include non-agricultural uses adjoining or surrounding a project site (including but not limited to legal, non-conforming uses and home sites) that are of a permanent nature and are not likely to be returned to agriculture. Landscaping within a buffer setback area shall be designed to exclude turf areas that could induce activities and add to overall maintenance costs and water usage.
Approval of plans Prior to the
issuance of the
grading permit
City of Patterson
3.3 Air Quality
MM AIR-3a: Prior to the issuance of grading permits, the applicant shall provide the City of Patterson with
documentation demonstrating a good faith effort was made to obtain off-road equipment meeting Tier 4 standards
Submittal of
documentation
Prior to the
issuance of grading
permits
City of Patterson
MM AIR-3b: All hearths and fireplaces shall utilize natural gas. No woodburning hearths are allowed in the Master Plan area.
Approval of plans Prior to issuance of
building permits for
residential units
City of Patterson
MM AIR-3c: Prior to approval of site plans for
warehouse/distribution center projects located within 1,000 feet of a sensitive receptor location (including land
designated for residential, school, etc.) and accommodates more than 100 trucks per day, more than 40 trucks with
operating transport refrigeration units (TRUs) per day, or where TRU unit operations exceed 300 hours per week, the applicant shall provide a health risk prioritization screening Submittal of
documentation
Prior to approval of
site plans for
warehouse/distribu
tion center projects
located within
1,000 feet of a
sensitive receptor
location (including
City of Patterson
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analysis to assess the potential cancer and non-cancer risks from project DPM emissions. If the project exceeds screening criteria, the applicant shall provide a Health Risk Assessment prepared by a qualified air quality consultant and the City shall submit the Health Risk Assessment (HRA) for review by the Valley Air District. In addition, the following measures should be considered for the projects:
• Locate loading docks and truck access routes as far from receptor locations as possible.
• Place signs at loading docks requiring trucks to limit idling to less than 5 minutes to comply with the ARB In-Use
Diesel Truck Regulation anti-idling provisions.
• Provide electric plug in capability to a suitable portion of loading docks for warehouses that use refrigerated trucks to limit TRU operation.
• Encourage the use of electric yard hostlers to move trailers on-site.
land designated for
residential, school,
etc.) and
accommodates
more than 100
trucks per day,
more than 40 trucks
with operating
transport
refrigeration units
(TRUs) per day
MM AIR-3d: Prior to approval of a site plan or conditional use permit for a high-volume gasoline station (3 million gallons per year) within 300 feet of a sensitive receptor location the applicant shall provide a health risk prioritization screening analysis to assess the potential health risk from benzene emissions impacts from the fueling operation. Projects that exceed the risk screening criteria may reduce the fuel
throughput or prepare a full HRA to more accurately
determine project impacts.
Submittal of
documentation
Prior to approval of
a site plan or
conditional use
permit for a highvolume gasoline
station (3 million
gallons per year)
within 300 feet of a
sensitive receptor
City of Patterson
3.4 Biological Resources
MM BIO-1a: No more than 10 days prior to the initiation of ground-disturbing activities within the nesting season
(February 1 to August 31), a qualified Biologist shall perform a pre-construction survey for the tri-colored blackbird,
burrowing owl, loggerhead shrike, or nesting migratory birds active within the Master Plan areas and within a 200-foot Submittal of
documentation
No more than 10
days prior to the
initiation of grounddisturbing activities
within the nesting
City of Patterson
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buffer of the project site to determine the presence or absence of these species. If these species are determined to be present, the applicant shall follow the guidelines outlined by the California Department of Fish and Wildlife (CDFW):
• If an active tri-colored blackbird nesting colony is found during preconstruction surveys, a minimum 300-foot nodisturbance buffer shall be established in accordance with CDFW’s “Staff Guidance Regarding Avoidance of Impacts to Tricolored Blackbird Breeding Colonies on Agricultural
Fields in 2015” (CDFW 2015). The buffer shall remain in place until the breeding season has ended or until a
biologist determines that nesting ceased, birds have
fledged, and are no longer reliant upon the colony or
parental care for survival.
• If burrowing owls are found on-site during the nesting season (February 1 to August 31), they shall be avoided by a work-free buffer unless it has been determined by a
qualified biologist that either: 1) the birds have not begun egg laying and incubation; or 2) that juveniles from the occupied burrows have fledged and are independent of
their parents. The buffers shall be established with CDFW according to the guidance in the Staff Report on Burrowing Owl Mitigation (CDFG 2012). The disturbance-free buffer shall be clearly defined (e.g., with orange construction fencing), and a biological monitor shall visit the site randomly throughout the breeding season to ensure the
area remains work-free and the owls are not negatively
affected by construction activities.
• If loggerhead shrike or any other migratory birds are found nesting on-site, a 50-foot work-free buffer area will be established and monitored by a qualified Biologist until young have fledged and are independent of their parents.
Again, nests and work-free buffers would be monitored.
• If burrowing owls occur on the project area during the wintering season (September 1 to January 31), and
season (February 1
to August 31)
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construction is slated to begin during this time and active burrows cannot be avoided, an eviction of owls can be
conducted to ensure owls move off the site prior to
commencement of construction. The eviction process
includes the installation of one-way doors that remain in all burrows of suitable size for at least 3 days, monitored by a qualified Biologist, and then hand-excavating burrows to ensure no owl remains in the burrow. Once the site is clear of owls, the burrows can be backfilled, after which grounddisturbing construction activity can commence. • In the unlikely event burrowing owls are found on-site, mitigation lands must be purchased to offset the loss of their habitat. The standard mitigation lands required to loss of habitat is 6.5 acres for every pair of owls found on-site. • If nesting birds are identified during preconstruction surveys, a qualified biologist shall conduct a survey to establish the behavioral baseline for all active nests. Active nests will be monitored daily to detect behavioral changes.
If negative behavioral changes occur, additional avoidance and minimization measures shall be implemented in
consultation with CDFW.
• If daily monitoring is not feasible, active non-listed bird species’ nests shall be protected by a no-disturbance buffer of 250 feet, and a no-disturbance buffer of 500 feet around active non-listed raptor nests. These buffers shall remain in place until a qualified biologist determines that the birds have fledged. Variance from these no-disturbance buffers may be permitted when there are biological or ecological reasons to do so, such as physical barriers.
MM BIO-1b: No more than 10 days prior to ground-disturbing activities during the breeding season (February 1 to August 31), a qualified Biologist shall perform pre-construction surveys for the Swainson’s hawk in accordance with the
Recommended Timing and Methodology for Swainson’s Hawk
Submittal of
documentation
No more than 10
days prior to
ground-disturbing
activities during the
breeding season
City of Patterson
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Verification
Verification of Completion
Date Initial
Nesting Surveys in California’s Central Valley. In accordance with the guidelines, surveys shall occur within a 0.5-mile radius of the site, and shall involve a minimum of two survey periods. In the event that one or more Swainson’s hawks are observed to be nesting, a work-free buffer area shall be established and monitored by a qualified Biologist. The Biologist shall have the discretion to determine the
appropriate buffer, which may involve consultation with the CDFW, as appropriate. The Biologist shall determine when the nest has been vacated, at which point, the work-free buffer area can be removed.
If an occupied nest is found, an in-depth assessment by a qualified raptor biologist to determine appropriate buffers will be conducted. Accordingly, a nesting buffer shall be established in consultation with the CDFW that accurately reflects current research and site conditions that could exacerbate or diminish a likelihood of impact to the nesting Swainson’s hawks. In accordance with the survey protocol, all activities that are 200 yards or greater from a nest site, assuming that the Swainson’s hawks are moderately
acclimated to human disturbance (which would be the case in the area of the project site), would represent a Low Level of Risk to the nesting Swainson’s hawks. Such considerations will be addressed by the qualified raptor biologist who conducts the nesting survey and who will present an analysis of the effects of the project on the nesting Swainson’s hawks to the CDFW. The qualified biologist’s analysis will also recommend a buffer size that will protect the Swainson’s hawks from the deleterious effects of disturbance. Any
protective nesting buffer would be maintained until the Swainson’s hawks complete their nesting cycle. A completed nesting cycle would occur when the young are fully fledged and independent of the nest site or the nesting attempt has failed and the adult Swainson’s hawks are no longer
(February 1 to
August 31)
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defending the nest site. If a qualified biologist does not monitor the nesting attempt to ascertain the completion of the nesting attempt, the protective buffer shall remain in place until September 15.
Removal of known recent raptor nest trees, even outside the nesting season, will be replaced with an appropriate native tree species planting at a ratio of 3:1 at or near the Master Plan area or in another area that will be protected in
perpetuity to reduce the impacts resulting from the loss of nesting habitat.
MM BIO-1c: The project applicant shall adhere to the
following requirements to avoid or minimize adverse impacts on the San Joaquin kit fox:
• No more than 14 days prior to the first ground-disturbing activity, a qualified Biologist shall thoroughly walk the Master Plan areas, as well as a 200-foot buffer around the perimeter of the Master Plan areas, to locate potential San Joaquin kit fox dens. If no dens are located, no further surveys efforts are required. If dens are located during this survey effort, the status of the dens shall be assessed, and the United States Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW) shall be consulted.
• All vehicles operating within the construction area shall observe a maximum 20-mph speed limit.
• All ground-disturbing construction activities shall occur during daylight hours.
• All excavated, steep-walled holes or trenches more than 2 feet deep shall be covered at the close of each workday or shall have escape ramps constructed of earth fill or
wooden planks installed. Before such holes or trenches are filled, they shall be thoroughly inspected for trapped
animals. If an animal is found within these structures, the Notes on construction
plans; Site inspection
No more than 14
days prior to the
first grounddisturbing activity;
During construction
City of Patterson
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animal shall be allowed to leave on its own without harm or harassment.
• All construction piles, culverts, or similar structures with a diameter of 4 inches or greater that are stored at the
construction site shall be thoroughly inspected for animals prior to burial, capping, or moving. If a kit fox is found within any of these structures, the structure shall remain untouched until the kit fox has vacated the structure; if necessary, the USFWS and CDFW shall be consulted.
• All food-related trash shall be disposed of in closed containers and removed from the construction site at a
minimum of once per week.
• Prior to the first ground-disturbing activity, a qualified Biologist shall conduct an employee education program for construction personnel. The education program shall
include a physical description of the kit fox, methods of impact avoidance, and points of contact should an impact occur or potentially occur. A fact sheet covering all of this information shall be provided to each employee.
• The applicant shall establish a point of contact for
construction personnel in the event that a kit fox is
accidentally injured or killed.
• Prior to ground-disturbing activities, the City shall retain a qualified Biologist to conduct periodic inspections of the Master Plan areas during construction to ensure
compliance with the above measures.
• The CDFW shall be notified immediately and the
Sacramento Fish and Wildlife office shall be notified within 3 days if a kit fox is injured or killed.
3.5 Cultural Resources and Tribal Cultural Resources
MM CUL-1: Prior to the commencement of any construction or demolition activities that would affect any building or structure over 45 years in age, an architectural historian who meets the qualification standards of the Secretary of the Submittal of
documentation
Prior to the
commencement of
any construction or
demolition
City of Patterson
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Interior shall be retained to evaluate the property and determine if it is eligible for listing on the California Register of Historical Resources. The Architectural Historian will engage in expanded archival research and oral interviews to better document the age, periods of use, owners and
residents who were associated with each potential resource.
The Architectural Historian shall inspect the structure(s) to determine if any qualify as significant under CEQA Guidelines on the basis of their association with significant events or persons, state of preservation, unique design qualities, or as examples of historically important structures at the national, State and local level. If the structure is determined to not have historical significance, the Architectural Historian shall document his/her findings in a report and no further action is required. If the structure is determined to have historical significance, the Architectural Historian shall document his/her findings in the form of a Historic Resource Assessment report that shall be prepared for each structure along with all appropriate Department of Parks and Recreation (DPR)
building and structure recordation forms. The Historic
Resource Assessment shall be submitted to the City of
Patterson, State Historic Preservation Office, and the Central California Information Center as required. In the event any of the structures are found to be significant, the Architectural Historian will be retained to design a Historic Property Treatment Plan that adheres to the Secretary of the Interior’s guidelines for the treatment of historic properties, and provides mitigation to reduce potential impacts to historic resources to a less that significant level. Such mitigation may include, but is not limited to:
• Preservation in place of significant structures or
rehabilitation for re-use appropriate for the proposed
development.
• Relocation of significant structures to locations outside of the disturbance area or renovation for re-use.
activities that
would affect any
building or
structure over 45
years in age
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• Complete photo documentation and architectural
recording for archival purposes, salvage of elements of the structures for re-use elsewhere or for display at local historical venues prior to demolition.
MM CUL-2: In the event a potentially significant cultural resource is encountered during subsurface earthwork
activities, all construction activities within a 100-foot radius of the find shall cease and workers should avoid altering the materials until a qualified Archaeologist who meets the Secretary of Interior’s Professional Qualification Standards for archaeology has evaluated the situation. The applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this
requirement. Any previously undiscovered resources found during construction activities shall be recorded on
appropriate Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of CEQA criteria by a qualified Archaeologist. Potentially significant cultural resources consist of but are not limited to stone, bone, glass, ceramics, wood, or shell artifacts, or features including hearths, structural remains, or historic dumpsites. If the resource is determined to be significant under CEQA, the qualified Archaeologist shall prepare and implement a
research design and archaeological data recovery plan that will capture those categories of data for which the site is significant in accordance with Section 15064.5 of the CEQA Guidelines. The Archaeologist shall also perform appropriate technical analyses, prepare a comprehensive report complete with methods, results, and recommendations, and provide for the permanent curation or repatriation of the recovered resources in cooperation with the designated Most Likely Descendant (MLD) as needed. The report shall be submitted to the City of Patterson, the Central California Information Notes on construction
plans; Site inspection
During subsurface
earthwork activities
City of Patterson
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Center (CCIC), and the California Office of Historic
Preservation (OHP), as required.
MM CUL-3: In the event of the accidental discovery or
recognition of any human remains, CEQA Guidelines Section 15064.5, Health and Safety Code Section 7050.5, and Public Resources Code Sections 5097.94 and Section 5097.98 shall be followed. If during the course of project construction, there is accidental discovery or recognition of any human remains, the following steps shall be taken:
1. There shall be no further excavation or disturbance within 100 feet of the remains until the Stanislaus County Coroner is contacted to determine if the remains are Native
American and if an investigation of the cause of death is required. If the Coroner determines the remains to be
Native American, the Coroner shall contact the Native
American Heritage Commission (NAHC) within 24 hours,
and the NAHC shall identify the person or persons it
believes to be the Most Likely Descendant (MLD) of the
deceased Native American. The MLD may make
recommendations to the landowner or the person
responsible for the excavation work within 48 hours, for means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as
provided in Public Resource Code Section 5097.98.
2. Where the following conditions occur, the landowner or his or her authorized representative shall rebury the Native American human remains and associated grave goods with
appropriate dignity either in accordance with the
recommendations of the most likely descendant or on the project site in a location not subject to further subsurface disturbance:
• The NAHC is unable to identify a most likely descendent or the most likely descendent failed to make a
Notes on construction
plans; Site inspection
During subsurface
earthwork activities
City of Patterson
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recommendation within 48 hours after being notified by
the commission.
• The descendant identified fails to make a
recommendation.
• The landowner or his authorized representative rejects the recommendation of the descendant, and mediation
by the NAHC fails to provide measures acceptable to the landowner.
Additionally, California Public Resources Code Section
15064.5 requires the following relative to Native American Remains:
• When an initial study identifies the existence of, or the probable likelihood of, Native American Remains within a project, a lead agency shall work with the appropriate
Native Americans as identified by the Native American
Heritage Commission as provided in Public Resources Code Section 5097.98. The applicant may develop a plan for
treating or disposing of, with appropriate dignity, the human remains, and any items associated with Native
American Burials with the appropriate Native Americans as identified by the Native American Heritage Commission.
3.6 Geology, Soils and Seismicity
MM GEO-1: Prior to the issuance of building permits, the project applicant shall submit a design-level geotechnical study and building plans to the City of Patterson for review and approval. The design-level geotechnical study shall be prepared by a qualified Engineer and shall identify grading and building practices necessary to ensure stable building conditions, including the abatement of expansive soil
conditions on the project site. The project applicant shall implement the recommendations of the approved
geotechnical study into project plans. The project’s building plans shall demonstrate that they incorporate all applicable Approval of plans Prior to the
issuance of building
permits
City of Patterson
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recommendations of the geotechnical study and comply with all applicable requirements of the latest adopted version of the California Building Standards Code (CBC). A licensed Professional Engineer (PE) shall prepare the plans, including those that pertain to soil engineering, structural foundations, pipeline excavation, and installation. The approved plans shall be incorporated into the proposed project. All on-site soil engineering activities shall be conducted under the
supervision of a licensed Geotechnical Engineer (GE) or Certified Engineering Geologist (CEG).
Implement Mitigation Measure HYD-1.
MM GEO-5: In the event a fossil or fossil formation are discovered during any subsurface construction activities associated with buildout of the Master Plans, all excavations within 100 feet of the find shall be temporarily halted until the find is examined by a qualified paleontologist, in
accordance with Society of Vertebrate Paleontology
standards. The paleontologist shall notify the City of
Patterson, who shall coordinate with the paleontologist concerning any necessary investigation of the find. If the find is determined to be significant under CEQA, the City, based on the recommended mitigation measures of the qualified paleontologist, shall require the applicant to implement those measures, which may include avoidance, preservation in
place, or other appropriate measures, as outlined in Public Resources Code Section 21083.2.
Notes on construction
plans; Site inspection
During any
subsurface
construction
activities
City of Patterson
3.8 Hazards and Hazardous Materials
MM HAZ-3a: Prior to issuance of grading permits for any portion of the project site where pesticides or other
agricultural chemicals have been applied within the past 5 years, the project applicant shall retain a qualified consultant to perform soil testing for residual concentrations of
agricultural chemicals. Soils shall be laboratory tested in Submittal of
documentation
Prior to issuance of
grading permits for
any portion of the
project site where
pesticides or other
agricultural
City of Patterson
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accordance with California Department of Toxic Substances Control (DTSC) Guidelines. If the testing finds concentrations in excess of acceptable limits, the project applicant shall retain a qualified contractor to conduct remediation
activities, which may include treatment or removal. The soil remediation activities shall be completed prior to grading. chemicals have
been applied within
the past 5 years
MM HAZ-3b: Prior to issuance of demolition permits for any structures, the project applicant shall retain a certified hazardous waste contractor to properly remove and dispose of all materials containing asbestos, lead, mercury, and polychlorinated biphenyls. Upon completion, the applicant shall submit documentation to the City of Patterson verifying such activities have been completed.
Submittal of
documentation
Prior to issuance of
demolition permits
for any structures,
City of Patterson
3.9 Hydrology and Water Quality
MM HYD-1a: Prior to issuance of the first grading permit for each development phase of either the Baldwin Master Plan or Zacharias Master Plan, the applicant shall prepare and submit a Stormwater Pollution Prevention Plan to the City of Patterson for review and approval that demonstrate the use of stormwater treatment Best Management Practices (BMP) identified in the most recent version of the California Stormwater Quality Association Stormwater Best
Management Handbook-Construction or the Caltrans
Stormwater Quality Handbook Construction Site BMPs
Manual.
Approval of SWPPP Prior to issuance of
the first grading
permit for each
development phase
of either the
Baldwin Master
Plan or Zacharias
Master Plan
City of Patterson
MM HYD-1b: Prior to issuance of the first building permit for each development phase of either the Baldwin Master Plan or Zacharias Master Plan, the applicant shall prepare and submit drainage plans to the City of Patterson for review and approval that demonstrate the use of Low Impact
Development practices, bioswales, bioretention and other forms of stormwater treatment Best Management Practices Approval of plans Prior to issuance of
the first building
permit for each
development phase
of either the
Baldwin Master
Plan or Zacharias
Master Plan
City of Patterson
City of Patterson–Baldwin Master Plan/Zacharias Master Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 17
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Verification
Verification of Completion
Date Initial
pursuant to the NPDES Phase II stormwater permit (or most recently approved permit).
MM HYD-3a:Prior to operation of the stormwater lift station that would serve the Zacharias Master Plan, the applicant shall prepare and submit an emergency action plan for lift station failure to the City of Patterson for review and approval. The plan shall outline pump and power redundancy plans, potential flow routing, and other potential actions to be taken if pump failure occurs. The approved plan shall be implemented.
Approval of plan Prior to operation
of the stormwater
lift station that
would serve the
Zacharias Master
Plan
City of Patterson
3-11Noise
MM NOI-1: Prior to issuance of residential building permits for the Zacharias Master Plan, the applicant shall submit building plans to the City of Patterson for review and approval that demonstrate that each dwelling unit includes a code compliant mechanical ventilation system that would permit windows to remain closed for prolonged periods for all
residential units within 100 feet of Zacharias Road, Baldwin Road, or State Route 33.
Approval of plans Prior to issuance of
residential building
permits for the
Zacharias Master
Plan
City of Patterson
MM NOI-2a: To reduce potential construction noise impacts, the following multi-part mitigation measure shall be
implemented for all developments included in the proposed project:
• The construction contractor shall ensure that all internal combustion engine-driven equipment is equipped with
mufflers that are in good condition and appropriate for the equipment.
• The construction contractor shall locate stationary noisegenerating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. In addition, the project
contractor shall place such stationary construction
Notes on construction
plans; Site inspection
During construction City of Patterson
City of Patterson–Baldwin Master Plan/Zacharias Master Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 18
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Verification
Verification of Completion
Date Initial
equipment so that emitted noise is directed away from
sensitive receptors nearest the project site.
• The construction contractor shall prohibit unnecessary idling of internal combustion engines.
• The construction contractor shall, to the maximum extent practical, locate on-site equipment staging areas so as to maximize the distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction.
• The construction contractor shall limit noise producing construction activity located within five hundred feet of a residential zone, including deliveries and equipment idling activities, to the daytime hours of 7:00 a.m. to 10:00 p.m., unless beforehand a special permit authorizing exception to these hours has been obtained from the officer or body of the city having the function to issue permits of this kind.
MM NOI-2b: Proposed parking areas within the Zacharias
Master Plan area shall be located a minimum of 100 feet from existing residential land uses or shall provide shielding (e.g., sound barrier) to block the line of sight to nearby noise sensitive land uses to meet the City’s nighttime noise
performance standards of 45 dBA Leq or 64 dBA Lmax. If
shielding is needed, shielding shall have a minimum height sufficient to completely block line-of-sight between the onsite noise source and the nearest residential dwelling to meet the City’s noise standards.
Approval of plans Prior to issuance of
building permits
within the Zacharias
Master Plan
City of Patterson
MM NOI-2c Proposed mechanical ventilation systems within the Zacharias Master Plan area shall be located a minimum of 55 feet from existing sensitive receptors or should provide shielding to block the line of sight to nearby noise sensitive land uses to meet the City’s noise performance standards of 45 dBA Leq or 64 dBA Lmax. Shielding shall have a minimum height sufficient to completely block line-of-sight between the on-site noise source and the nearest residential dwelling Approval of plans Prior to issuance of
building permits
within the Zacharias
Master Plan
City of Patterson
City of Patterson–Baldwin Master Plan/Zacharias Master Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 19
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Verification
Verification of Completion
Date Initial
to meet the City’s noise standards. Based on the size and placement of the HVAC units (i.e., ground level or roof top), barrier heights may range between three to six feet.
3-13Public Services and Recreation
MM PSR-1: Prior to issuance of building permits, the
applicant shall pay all public safety development fees in accordance with the City of Patterson’s latest adopted fee schedule.
Receipt of fees Prior to issuance of
building permits
City of Patterson
3-14Transportation
MM TRANS-1a: Prior to recordation of the first final map, the project applicant and the City of Patterson shall establish a Community Facilities District or other financing mechanism to fund transportation improvements. Applicants that pursue development in accordance with the Baldwin Master Plan
and Zacharias Master Plan shall contribute a fair share of the costs of necessary improvements at the time building permits are sought through participation in the Community Facilities District or other financing mechanism.
Establishment of
Community Facilities
District or other
financing mechanism
Prior to recordation
of the first final
map
City of Patterson
MM TRANS-1b: Prior to issuance of a building permit, the project applicant shall pay fair share fees to the City of PSoutatterson for improvements to the Interstate 5 / Sperry Avenue interchange. The improvements shall consist of the installation of signals at both ramp terminals and adaptive signal operations. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.
Receipt of fees Prior to issuance of
a building permit
City of Patterson
MM TRANS-1c: Prior to issuance of a building permit, the project applicant shall pay fair share fees to the City of Patterson for improvements to the Sperry Avenue / Rogers Road intersection. The improvements shall consist of
additional eastbound left turn, eastbound right-turn and add additional through lane for both directions making Sperry Receipt of fees Prior to issuance of
a building permit
City of Patterson–Baldwin Master Plan/Zacharias Master Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 20
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Verification
Verification of Completion
Date Initial
Avenue four lane road. In addition, the improvements shall include the following lane geometry for Rogers Road
extension northbound approach: double left-turn, through and right-turn lanes. These improvements shall be
programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure
TRANS-1a.
MM TRANS-1d: Prior to issuance of a building permit, the project applicant shall pay fair share fees to the City of Patterson for widening Sperry Avenue to four lanes between Rogers Road and Baldwin Road. If determined to be necessary by the City of Patterson, an additional northbound left turn lane shall be installed. These improvements shall be
programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure
TRANS-1a.
Receipt of fees Prior to issuance of
a building permit
MM TRANS-1e: Prior to issuance of a building permit, the project applicant shall pay fair share fees to the City of Patterson for adding an eastbound through lane to Sperry Avenue at Del Puerto Avenue. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure
TRANS-1a.
Receipt of fees Prior to issuance of
a building permit
MM TRANS-1f: Prior to issuance of a building permit, the project applicant shall pay fair share fees to the City of Patterson for improvements to the intersection of Sperry Avenue/State Route 33. The improvements shall consist of signalizing the intersection and adding a left turn lane to each approach. If determined to be necessary by the City of
Patterson, a second left turn lane shall be installed on the north bound approach. These improvements shall be
programmed into the Community Facilities District or other Receipt of fees Prior to issuance of
a building permit
City of Patterson–Baldwin Master Plan/Zacharias Master Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 21
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Verification
Verification of Completion
Date Initial
financing mechanism contemplated by Mitigation Measure
TRANS-1a.
MM TRANS-1g: Prior to issuance of a building permit, the project applicant shall pay fair share fees to the City of Patterson for improvements to the intersection of M Street / Walnut Avenue / State Route 33. The improvements shall
consist of installing a shared through and right-turn lane on the southbound approach, an additional westbound left-turn lane and northbound right-turn lane and second through
lane. If determined to be necessary by the City of Patterson, two through lanes shall be installed on SR-33. These
improvements shall be programmed into the Community
Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.
Receipt of fees Prior to issuance of
a building permit
MM TRANS-1h: Prior to issuance of a building permit, the project applicant shall pay fair share fees to the City of Patterson for improvements to the intersection of Olive Avenue / State Route 33. The improvements shall consist of signalizing the intersection, adding a left turn lane to each approach and adding a second through lane on the
northbound and south bound approaches. If determined to be necessary by the City of Patterson, a second left turn lane shall be installed on the north bound approach. These
improvements shall be programmed into the Community
Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.
Receipt of fees Prior to issuance of
a building permit
MM TRANS-1i: Prior to issuance of a building permit, the project applicant shall pay fair share fees to the City of Patterson for improvements to the intersection of Park Center / Keystone Pacific Parkway. The improvements shall consist of signalizing the intersection and adding an eastbound rightturn lane and northbound left-turn lane. These improvements shall be programmed into the Community Facilities District or Receipt of fees Prior to issuance of
a building permit
City of Patterson–Baldwin Master Plan/Zacharias Master Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 22
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Verification
Verification of Completion
Date Initial
other financing mechanism contemplated by Mitigation
Measure TRANS-1a.
MM TRANS-1j: Prior to issuance of a building permit, the project applicant shall pay fair share fees to the City of Patterson for improvements to the intersection of Rogers Road / Keystone Pacific Parkway. The improvements shall consist of signalizing the intersection, adding a left turn lane to each approach, widening Rogers Road to two through
lanes on each approach, and widening Keystone Pacific
Parkway to two through lanes on each approach. In addition, a second southbound through lane on Rogers Road shall be installed. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.
Receipt of fees Prior to issuance of
a building permit
MM TRANS-1k: Prior to issuance of a building permit, the project applicant shall pay fair share fees to the City of Patterson for improvements to the intersection of Rogers Road / Zacharias Road. The improvements shall consist of signalizing the intersection, adding a left turn lane to each approach, and widening Zacharias Road to two through lanes on each approach. If determined to be necessary by the City of Patterson, Rogers Road shall be widened to provide three through lanes on the northbound approach. These
improvements shall be programmed into the Community
Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.
Receipt of fees Prior to issuance of
a building permit
MM TRANS-1l: Prior to issuance of a building permit, the project applicant shall pay fair share fees to the City of Patterson for improvements to the intersection of Baldwin Road / Zacharias Road. The improvements shall consist of signalizing the intersection, adding a left turn lane to each approach, adding a second westbound left-turn lane, adding a right turn lane and additional through lane on northbound Receipt of fees Prior to issuance of
a building permit
City of Patterson–Baldwin Master Plan/Zacharias Master Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 23
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Verification
Verification of Completion
Date Initial
and southbound Baldwin Road, and widening Zacharias Road to two through lanes on each approach. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation
Measure TRANS-1a.
MM TRANS-1m: Prior to issuance of a building permit, the project applicant shall pay fair share fees to the City of Patterson for improvements to the intersection of Zacharias Road / State Route 33. The improvements shall consist of adding two left-turn lanes on the northbound approach and two right-turn lanes on the eastbound approach. Additionally, the existing railroad grade crossing adjacent to this
intersection shall be upgraded with gates, flashers, and a concrete panel roadbed. Because the proposed South County Corridor would reconfigure this intersection as an
overcrossing, the City of Patterson has the discretion to forego this mitigation measure in order to avoid conflicts with the planned improvements. The City shall transfer the fees to Caltrans to implement the improvement provided that an
agreement is in place with the respective agencies. These improvements shall be programmed into the Community
Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.
Receipt of fees Prior to issuance of
a building permit
MM TRANS-1n: Prior to issuance of a building permit, the project applicant shall pay fair share fees to the City of Patterson for improvements to the intersection of State Route 33 / Eucalyptus Avenue. The improvements shall consist of signalizing the intersection and widening State Route 33 to provide two lanes on each approach. These improvements
shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation
Measure TRANS-1a.
Receipt of fees Prior to issuance of
a building permit
City of Patterson–Baldwin Master Plan/Zacharias Master Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 24
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Verification
Verification of Completion
Date Initial
MM TRANS-1o: Prior to issuance of a building permit, the project applicant shall pay fair share fees to the City of Patterson for improvements to the intersection of Baldwin Road / State Route 33. The improvements shall consist of signalizing the intersection, adding a left turn lane on the northbound approach, and widening State Route 33 to
provide two lanes on each approach. In addition, an
additional eastbound left-turn lane and additional through lane on the northbound approach shall be installed. The City shall transfer the fees to the County of Stanislaus or Caltrans to implement the improvement provided that an agreement is in place with the respective agencies. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation
Measure TRANS-1a.
Receipt of fees Prior to issuance of
a building permit
MM TRANS-1p: Prior to issuance of a building permit, the project applicant shall pay fair share fees to the City of Patterson for improvements to the intersection of Rogers Road / State Route 33. The improvements shall consist of signalizing the intersection, adding a left turn lane on the northbound approach, and widening State Route 33 to
provide two lanes on each approach. The City shall transfer the fees to the County of Stanislaus or Caltrans to implement the improvement provided that an agreement is in place with the respective agencies. These improvements shall be
programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure
TRANS-1a.
Receipt of fees Prior to issuance of
a building permit
MM TRANS-1q: Prior to issuance of a building permit, the project applicant shall pay fair share fees to the City of Patterson for improvements to the intersection of Sycamore Avenue / E. Las Palmas Avenue. The improvements shall
consist of signalizing the intersection, adding left turn lanes on the northbound and southbound approaches. The City
Receipt of fees Prior to issuance of
a building permit
City of Patterson–Baldwin Master Plan/Zacharias Master Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 25
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Verification
Verification of Completion
Date Initial
shall transfer the fees to the County of Stanislaus to
implement the improvement provided that an agreement is in place with the respective agencies. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation
Measure TRANS-1a.
MM TRANS-1r: Prior to issuance of a building permit, the project applicant shall pay fair share fees to the City of Patterson for improvements to the intersection of West Main Avenue / Jennings Avenue. The improvements shall consist of signalizing the intersection, adding a left turn lane on the eastbound approach. The City shall transfer the fees to the County of Stanislaus to implement the improvement provided that an agreement is in place with the respective agencies.
These improvements shall be programmed into the
Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.
Receipt of fees Prior to issuance of
a building permit
MM TRANS-1s: Prior to issuance of the first occupancy
permit for the portion of the Zacharias Master Plan located east of Baldwin Road, the project applicant shall install improvements to the planned intersection of State Route 33 / East-West Connection. The improvements shall consist of signalizing the intersection, installing two northbound leftturn and one southbound right-turn lanes, and widening State Route 33 to two lanes in each direction. The applicants are responsible for the full cost of these improvements. These improvements shall be programmed into the Community
Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.
Receipt of fees Prior to issuance of
a building permit
MM TRANS-1t: Prior to issuance of the first occupancy permit for the portion of the Zacharias Master Plan located east of Baldwin Road, the project applicant shall install
improvements to the planned intersection of Ward Avenue / Acceptance of
improvements
Prior to issuance of
the first occupancy
permit for the
portion of the
City of Patterson–Baldwin Master Plan/Zacharias Master Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 26
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Verification
Verification of Completion
Date Initial
East-West Connection. The improvements shall consist of signalizing the intersection, installing two northbound leftturn lanes. If determined to be necessary by the City of Patterson, The East-West Connection shall provide two lanes in each direction. The applicants are responsible for the full cost of these improvements. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure
TRANS-1a.
Zacharias Master
Plan located east of
Baldwin Road
MM TRANS-1u: Prior to issuance of a building permit, the project applicant shall pay fair share fees to the City of Patterson for improvements to the intersection of SR-33 / Grayson Road. The improvements shall consist of signalizing the intersection. The City shall transfer the fees to the County of Stanislaus or Caltrans to implement the improvement
provided that an agreement is in place with the respective agencies. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.
Receipt of fees Prior to issuance of
a building permit
MM TRANS-1v: Prior to issuance of a building permit, the project applicant shall pay fair share fees to the City of Patterson for improvements to the intersection of State Route 33/ Marshall Road. The improvements shall consist of
signalizing the intersection. The City shall transfer the fees to the County of Stanislaus or Caltrans to implement the
improvement provided that an agreement is in place with the respective agencies. These improvements shall be
programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure
TRANS-1a.
Receipt of fees Prior to issuance of
a building permit
MM TRANS-1w: Prior to issuance of a building permit, the project applicant shall pay fair share fees to the City of Patterson for improvements to the intersection of State Route 33 / Crows Receipt of fees Prior to issuance of
a building permit
City of Patterson–Baldwin Master Plan/Zacharias Master Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 27
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Verification
Verification of Completion
Date Initial
Landing Road. The improvements shall consist of signalizing the intersection. The City shall transfer the fees to the County of Stanislaus or Caltrans to implement the improvement provided that an agreement is in place with the respective agencies.
These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure TRANS-1a.
MM TRANS-1x: When monitoring determines that SR-33
between Baldwin Avenue and Sperry Avenue is approaching deficient operations, the 2-lane portion of this roadway shall be widened to four lanes. The City shall transfer the fees Caltrans to implement the improvement provided that an
agreement is in place with this agency. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation
Measure TRANS-1a.
Receipt of fees Prior to issuance of
a building permit
MM TRANS-1y: When monitoring determines that Zacharias
Road between west of Baldwin Road and SR-33 is
approaching deficient operations, the roadway shall be
widened to four lanes. These improvements shall be
programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation Measure
TRANS-1a.
Receipt of fees Prior to issuance of
a building permit
MM TRANS-1z: When monitoring determines that Baldwin
Road between north of Zacharias Road and the New EastWest Connector is approaching deficient operations, the roadway shall be widened to four lanes. These improvements shall be programmed into the Community Facilities District or other financing mechanism contemplated by Mitigation
Measure TRANS-1a.
Receipt of fees Prior to issuance of
a building permit
MM TRANS-2a: Prior to the approval of each map for the
Zacharias Master Plan and Baldwin Master Plan, the applicant shall prepare plans for review and approval by the City of Approval of plans Prior to the
approval of each
map for the
City of Patterson–Baldwin Master Plan/Zacharias Master Plan Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 28
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Verification
Verification of Completion
Date Initial
Patterson that identify the following applicable
Transportation Demand Management Measures
• A clearly designated pedestrian circulation network within the site that links to the City of Patterson roadway
network.
• Secure bicycle parking in safe, strategic locations within the site.
• Safety amenities such as lighting, sidewalks, and off-street pedestrian / bicycle paths.
Zacharias Master
Plan and Baldwin
Master Plan
MM TRANS-2b: Prior to the final approval for individual development projects that would employ more than 50 people that occur pursuant to the Zacharias Master Plan, the applicant shall retain a qualified transportation consultant to prepare a project-specific Transportation Demand Management Plan that includes the following applicable measures:
• Transit, bicycle, and pedestrian facilities
• Alternative work schedules
• Guaranteed ride home
• Carpool or vanpool program
• Commute assistance and ride-matching
• Shuttle program / shuttle consortium / fund transit service • Transit passes or subsidies
• Car share on-site
• Self-Driving shuttle
• Transportation Management Associations
• Telework
Approval of plan Prior to the final
approval for
individual
development
projects that would
employ more than
50 people that occur
pursuant to the
Zacharias Master
Plan
3-15Utilities and Service Systems
MM USS-4: Prior to issuance of building permits, the Master Plan applicants shall demonstrate compliance with the City of Patterson’s Construction and Demolition Debris Recycling Ordinance. The applicants shall prepare a waste management plan that identifies (1) the estimated volume or mass of Approval of plan Prior to issuance of
building permits
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Verification
Verification of Completion
Date Initial
construction and demolition debris; (2) the maximum volume or mass of such materials that can be feasibly diverted via reuse or recycling; (2) the vendor or facility that would collect and transport the materials; and (4) the estimated volume and mass of materials that would be landfilled. The City of Patterson shall review and approve the plan and the applicant is required to implement the approved plan during
construction activities.
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