SALINAS PLANNING COMMISSION
RESOLUTION NO. 2019-22
Resolution recommending that the City Council adopt the proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the proposed Salinas Airport Development Lease Project Located at 1341 Mercer Way (M 2019-015) WHEREAS, on November 20, 2019, the City of Salinas scheduled a duly noticed public hearing before the Salinas Planning Commission to consider a recommendation that the City Council adopt a proposed Mitigated Negative Declaration (MND) and Mitigation and Monitoring Program (MIMRP) for the proposed Salinas Airport Development Lease; and WHEREAS, on November 20, 2019, the Planning Commission continued the item without public input to their December 18, 2019 public hearing date for consideration; and WHEREAS, on December 18, 2019, the Planning Commission weighed the evidence presented at the public hearing, including the Staff Report which is on file at the Community Development Department together with the record of environmental review; and
WHEREAS, the Planning Commission reviewed and considered the information contained in the Initial Study and related environmental documents including the MND and Revised MMRP.
NOW, THEREFORE, BE IT RESOLVED by the Salinas Planning Commission that the Commission recommends that the City Council adopt the proposed MND and Revised MMRP attached as Exhibit 1; and
BE IT FURTHER RESOLVED that the Salinas Planning Commission adopts the following finding as the basis for its determination, and that the foregoing recitations are true and correct, and are included herein by reference as findings:
Mitigated Negative Declaration:
The Planning Commission hereby finds that a Mitigated Negative Declaration (MND) has been prepared with respect to the project in compliance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder. Further, this Commission has independently reviewed and considered the information contained in the Initial Study and related environmental documents, together with the comments received during the public review process. On the basis of the whole record before it, the Commission finds that, with the conditions of approval and the proposed mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment and that the MND reflects the Commission's independent judgment and analysis. On this basis, the Commission recommends that the City Council adopt the Mitigated Negative Declaration and Revised Mitigation Monitoring and Reporting Program.
The environmental impacts of the project have been analyzed in accordance with the California Environmental Quality Act (CEQA). An Initial Study was prepared to Planning Commission Resolution 2019-22
M 2019-015 - 1341 Mercer Way (Salinas Airport Development Lease)
evaluate the potential impacts associated with the project. Based upon review of the Initial Study, the proposed project will not have a significant effect on the environment because the mitigation measures outlined in the proposed Revised Mitigation Monitoring Program dated December 18, 2019 have been included in the project (see attached Exhibit ""). The Initial Study and Mitigated Negative Declaration were routed to responsible agencies and posted at the County Clerk's Office on October 21, 2019 and the deadline for comments was November 20, 2019.
Correspondence was received from public agencies. Paraphrased comments from the agencies are shown below:
Transportation Agency of Monterey County (TAMC), dated November 13, 2019:
a. Mitigation measures should include efforts to maintain or improve bike and pedestrian facilities, such as connecting two segments of existing Class I Bike Lanes along eastbound Airport Boulevard.
b. Consider an alternative intersection alignment for Terven Avenue/Airport Boulevard & Southbound Highway 101 Ramps to maintain the slip ramp.
Staff Response:
a. City staff supports bicycle and pedestrian enhancement projects and will continue to look for opportunities to implement bike lanes on Airport Boulevard in the future as appropriate and as consistent with the 2002 Salinas Bikeways Plan.
As noted in further detail below in the response to Caltrans comments, an Intersection Control Evaluation (ICE) will be performed on the Terven Avenue/Airport Boulevard & Southbound Highway 101 Ramps to determine the appropriate improvements to the intersection. The alternative mitigation concept proposed by TAMC may be evaluated as a part of the ICE. Caltrans and City staff will determine the appropriate intersection traffic control concept.
California Department of Transportation (Caltrans), dated November 19, 2019:
a. With regards to the Terven Avenue/Airport Boulevard & Southbound Highway 101 Ramps intersection, an ICE will be required to be performed as a part of the encroachment permit process.
The MND states that no mitigation will be required from this project at the Northbound Highway 101 & Roy Diaz Street intersection because a traffic signal will be installed - however Caltrans has not approved an ICE for that intersection determining that a traffic signal is the appropriate traffic control Planning Commission Resolution 2019-22
M 2019-015 - 1341 Mercer Way (Salinas Airport Development Lease)
measure. The MND should state that a traffic control signal or functional equivalent would be installed.
Staff Response:
a. Mitigation Measure TRA-1 has been revised to reflect that an ICE analysis will be performed at the Terven Avenue/Airport Boulevard & Southbound US 101 Ramps prior to issuance of an encroachment permit by Caltrans. b. The MND has been revised to indicate that a "traffic signal or functional equivalent" will be provided at the Northbound Highway 101 & Roy Diaz Street intersection as part of the Salinas Travel Center project.
Monterey Bay Air Resources District (MBARD), dated December 2, 2019:
a. Require Mitigation Measures to control fugitive dust from construction activities.
Include a discussion in the Energy Section regarding solar arrays in combination with battery storage; the installation of electric vehicle (EV) charging stations; and the provision of publicly available Level 2 EV charging stations.
C. Perform an ICE for the Terven Avenue/Airport Boulevard & Southbound Highway 101 Ramps intersection and the Skyway Boulevard & Airport Boulevard intersection to determine the cost-effectiveness of signalization vs. a roundabout. If signalizing is selected, utilize an Adaptive Traffic Control System (ATCS).
Staff Response:
a. Mitigation measure (AQ-1) has been added to address fugitive dust consistent with other projects.
b. The Energy Section has been updated to reflect that the 2019 Green Building Standards Code includes requirements for EV Charging Stations, and solar panels, which are now required under the California Energy Code. As the proposed project would have a less than significant impact, further mitigation measures beyond the Code requirements are not necessary; however, the City will consider the appropriateness of installing publicly available charging stations during the design of its new facility.
c. As noted above, Mitigation TRA-1 has been modified to reflect that an ICE analysis will be performed at the Terven Avenue/Airport Boulevard & Southbound US 101 Ramps prior to issuance of an encroachment permit by Planning Commission Resolution 2019-22
M 2019-015 - 1341 Mercer Way (Salinas Airport Development Lease)
Caltrans. The City is performing an ICE on the Skyway Boulevard & Airport Boulevard intersection; the MND has been modified to reflect this change.
The City supports the implementation of ATCS where feasible. The use of ATCS may be considered in the future if deemed appropriate by the City and/or Caltrans.
Pursuant to Public Resources Section Code 21083.3.2, California Native American Tribes affiliated with the project area were provided with a certified written consultation request on August 30, 2019. On September 23, 2019, Louise J.
Miranda Ramirez, Tribal Chairwoman of the Ohlone/Costanoan-Esselen Nation requested a tribal consultation pursuant to Public Resources Code Section 21080.3.1. On October 8, 2019, City staff held a tribal consultation on the proposed project at the Salinas Permit Center with the Ohlone/Coastanoan-Esselen Nation.
During the consultation, the Ohlone/Coastanoan-Esselen Nation requested that copies of all applicable archaeological reports and surveys concerning the proposed project, including subsurface testing and presence/absence testing should be provided to them for review. In addition, they requested that if any tribal cultural resource is discovered on the project site, that a monitor from the Ohlone/Coastanoan-Esselen Nation should be provided. In response, staff will provide copies of all applicable archaeological reports and surveys concerning the proposed project. In addition, the proposed Mitigation Measures require that in the event that any tribal cultural resources should be located on the project site, that a monitor from the Ohlone/Coastanoan-Esselen Nation shall be provided. Additional requests for tribal consultation were not received within the 30-day response timeline.
BE IT FURTHER RESOLVED that the Salinas Planning Commission hereby modifies Mitigation Measure "AQ-1" of the previously Revised Mitigation Monitoring and Reporting Program dated December 5, 2019 to remove both Subsections g) and n) and to modify Subsection k) to read the following (changes in strikethrough and underline format):
"k) Pave all roads, driveways, and parking areas at the earliest point feasible on the construction schedule. sites."
PASSED AND APPROVED this 18th day of December 2019, by the following vote:
AYES: Chairperson Griffin, Commissioners Anzo, Laguna, Nohr, Ottone, Rocamora NOES: Vice-Chairperson Meeks
ABSTAIN: None
ABSENT: None
Planning Commission Resolution 2019-22
M 2019-015 - 1341 Mercer Way (Salinas Airport Development Lease)
THIS IS TO CERTIFY that the foregoing is a full, true, and correct copy of a Resolution of the Planning Commission of the City of Salinas, that said Resolution was passed and approved by the affirmative and majority vote of said Planning Commission at a meeting held on December 18, 2019, and that said Resolution has not been modified, amended, or rescinded, and is now in full force and effect.
SALINAS PLANNING COMMISSION
Date: 12/20/19
Courtney Grossman
Secretary
Attach:
Exhibit 1: Revised Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program dated December 18, 2019
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SALINAS AIRPORT DEVELOPMENT LEASE PROJECT
REVISED MITIGATION MONITORING AND REPORTING PROGRAM
1341 Mercer Way (APN 003-862-001-000)
Dated: December 18, 2019
(Miscellaneous 2019-015)
Mitigation Nature of Result after Party Timing for
Number Mitigation Mitigation Responsible for Monitoring: Method to Implementation Implementing
Implementation
AQ-1 During construction, the applicant or To minimize Applicant, or Community During Air Quality successor in interest shall: air quality Successor in Development construction a) Water all active construction areas impacts. Interest. Department - Permit phase. at least twice daily. Frequency Services Division
should be based on the type of
operation, soil, and wind exposure.
b) Prohibit all grading activities during
periods of high wind (over 15 mph).
c) Apply chemical soil stabilizers on
construction
(disturbed lands within construction
projects that are unused for at least
four (4) consecutive days).
Apply non-toxic binders (e.g., latex
acrylic copolymer) to exposed areas
after cur and fill operations and
hydro seed area.
e) Haul trucks shall maintain at least
2'0" of freeboard.
f) Cover all trucks hauling dirt, sand,
or loose materials.
g) Plant tree windbreaks on the
windward perimeter of construction
Exhibit projects is adjacent to open land.
Plant vegetative ground cover in
disturbed as soon
possible.
Cover inactive storage piles.
Install wheel washers at the
1 Mitigation Nature of Result after Party Party Responsible for Timing for Number Mitigation Mitigation Responsible for Monitoring: Method to Implementation Implementing Confirm
Implementation
entrance to construction sites for all
exiting trucks.
Pave all roads, driveways, and
parking areas at the earliest point
construction
schedule. sites.
Sweep streets if visible soil material
is carrier out from the construction
m) Post a publicly visible sign which
specifies the telephone number and
person to contact regarding dust
complaints. This person shall
respond to complaints and take
corrective action with 48 hours. The
phone number of the Monterey Bay
Air Resources District shall be
visible to ensure compliance with
Rule 402 (Nuisance).
n) Limit the area under construction at
any one time
BIO-1 Prior to commencement of ground To minimize Applicant, or Development and Prior to Biological disturbance required project impacts to Successor in Engineering Services construction Resources construction, a focused survey for biological Interest. Department - phase.
Congdon's tarplant shall be conducted resources. Community Proge ste here the contes 1510 Development
Department
occur, as the site is developed in
portions under the proposed lease. The
November), and findings of the survey
shall be submitted to the City of Salinas
for review and approval.
Mitigation Nature of Result after Party Party Responsible for Timing for Number Mitigation Mitigation Responsible for Monitoring: Method to Implementation Implementing Confirm
Implementation
If a population of Congdon's tarplant is
found within the planned construction
for the loss of
shall be conducted.
Mitigation shall be achieved
establishing a new population of
Congdon's tarplant in an area approved
by the USFWS and CDFW. This area
shall not be developed and shall contain
suitable habitat types for establishing a
new population. Mitigation shall be a 1:1
ratio (impact to mitigation) of plant
establishment on an acreage basis.
following information:
Plan shall include, at a minimum, the
The Habitat Mitigation and Monitoring
approval prior to the start of construction.
the City of Salinas for review and
and Monitoring Plan shall be submitted to
Monitoring Plan. The Habitat Mitigation
prepare a Habitat Mitigation and
shall retain a qualified biologist to
Congdon's tarplant, the project applicant
compensation of permanent impacts on
success of mitigation sites required for
and Monitoring Plan. To ensure the
shall be subiect to a Habitat Mitigation
Establishment of the plant population
responsibility.
project applicant released from further
determined to have been met and the
mitigation measure shall
been successfully established on site,
population of this annual species has
that a self-sustaining documented
been met; once annual monitoring has
construction annually or until success criteria have
years post- seed. This monitoring shall continue
monitoring, three Department plants that have germinated and set HMMP-annual Development population to determine the number of Community resources. sampling of the Congdon's tarplant phase. Department - Interest. biological quantitative shall include monitoring Resources construction Engineering Services Successor in impacts to population shall occur annually. Annual Biological Prior to Development and Applicant, or To minimize mitigation Monitoring of the BIO-1 (cont'd) Implementation
Confirm Implementing
Implementation Monitoring: Method to Responsible for Mitigation Mitigation Number Timing for Party Responsible for Party Result after Nature of Mitigation Mitigation Nature of Result after Party Party Responsible for Timing for Number Mitigation Mitigation Responsible for Monitoring: Method to Implementation Implementing Confirm
Implementation
BIO-1 (cont'd) -A summary of impacts to Condon's
Biological tarplant and the proposed mitigation
Resources -A description of the location
boundaries of the mitigation site(s) and
description of existing site conditions
-A description of any measures to be
undertaken to enhance (e.g., through
focused management) the mitigation
site for Congdon's tarplant
Identification of an adequate funding
mechanism for long-term management
-A description of management and
maintenance measures intended to
maintain and enhance habitat for the
Congdon's tarplant (e.g., weed control,
fencing maintenance)
-A description of Congdon's tarplant
monitoring measures on the mitigation
including specific, objective
performance monitoring
methods, data analysis, reporting
requirements, monitoring schedule, etc.
Monitoring shall document compliance
with each element requiring habitat
compensation or management. At a
minine a minimum i cation saal
for the number of plants in the impacted
population (at least one plant preserved
for each plant impacted).
-A contingency plan for mitigation
elements that do not meet performance
or final success criteria within described
periods; the plan shall include specific
Mitigation Nature of Result after Party Party Responsible for Timing for Number Mitigation Mitigation Responsible for Monitoring: Method to Implementation Implementing Confirm
Implementation
BIO-1 (cont'd) triggers for remediation if performance
Biological criteria are not met and a description of
Resources the process by which remediation of
problems with the mitigation site (e.g.,
presence of noxious weeds) shall occur
-A requirement that project
proponent shall be responsible for
monitoring, as specified in the Habitat
Mitigation and Monitoring Plan, for at
least three (3) years post-construction;
during this period, annual reporting will
be provided to the City's Project
Manager. At the request of the CDFW
or USFWS, the annual reporting shall
also be provided to these agencies.
BIO-2 If project construction activities occur To minimize Applicant, or Development and Prior to Biological between February 15 and September 1, Successor in Engineering Services construction Resources a qualified biologist shall conduct a pre- Interest. Department - phase. construction survey for nesting birds no resources Community more than 14 davs prior to construction. Development
If nests are found the qualified biologist Department
shall establish an appropriate species-
specific avoidance buffer of sufficient
size to prevent disturbance of the nest
by project activity (up to 300 feet for
raptors, up to 150 feet for all other
birds). The qualified biologist shall
perform at least two hours of pre-
construction monitoring of the nest to
characterize "typical" bird behavior. The
qualified biologist shall monitor the
nesting birds and shall increase the
buffer if it is determined the birds are
showing signs of unusual or distressed
Mitigation Nature of Result after Party Party Responsible for Timing for Number Mitigation Mitigation Responsible for Monitoring: Method to Implementation Implementing Confirm
Implementation
B1O-2 (cont'd) behavior associated with project
Biological activities. Atypical nesting behaviors
Resources that may cause reproductive harm
includes, but is not limited to, defensive
flights, vocalizations directed towards
project personnel/activities, standing up
from a brooding position, and flying
away from the nest. The qualified
biologist should have authority, authority
to order the cessation of all project
activities if the nesting birds exhibit
atypical behavior which may cause
reproductive failure (nest abandonment
and loss of eggs and/or young) until an
appropriate buffer is established. To
prevent encroachment, the established
buffers) should be clearly marked by
high visibility material. The established
buffers) should remain in effect until the
young have fledged as confirmed by the
qualified biologist.
The monitoring biologist, in consultation
the project manager shall
determine the appropriate protection for
active nests on a case by case basis
using the criteria described above.
Mitigation Nature of Result after Party Party Responsible for Timing for Number Mitigation Mitigation Responsible for Monitoring: Method to Implementation Implementing Confirm
Implementation
CR-1 If cultural resources are encountered To minimize Applicant, or Development and During Cultural during ground-disturbing activities, work impacts to Successor in Engineering Services construction Resources in the immediate area shall halt and an cultural Interest. Department - Plan phase. archaeologist meeting the Secretary of resources. Check Services the Interior's Professional Qualifications
Standards for archaeology (NPS 1983)
shall be contacted immediately to
evaluate the find. If the discovery proves
to be eligible for listing in the CHR,
additional work such as data recovery
excavation may be warranted. In the
event the Archaeological Resources are
determined to be of Native American
origin, Mitigation Measure TCR-1 shall
be applicable as well.
GEO-1 In the event an unanticipated fossil To minimize Applicant, or Development and During Geology and discovery is made during the course of impacts to Successor in Engineering Services construction Soils project development, paleontologica Interest. Department - Plan phase. accordance with SVP (2010) guidelines, I resources. Check Services it is the responsibility of any worker who
observes fossils within the project site to
stop work in the immediate vicinity of
find and notify a qualified
professional paleontologist who shall be
retained to evaluate the discovery,
determine its significance and if
additional mitigation or treatment is
warranted. Work in the area of the
discovery will resume once the find is
properly documented and authorization
is given to resume construction work.
Any significant paleontological
resources found during construction
monitoring shall be prepared, identified,
safety requirements to minimize work
handling procedures and health and
The HSP shall outline proper soil
procedures for employee protection. including
hazards of each site operation phase,
addresses the safety and health
each contractor working at the site that
A health and safety plan SP) For
demolition activities.
etc.) is discovered during excavation or
[PCBs], asbestos containing materials,
biphenyls polychlorinated
materials (e.g., underground storage
unknown historic release of hazardous
-Procedures to follow if evidence of an
and runoff control measures.
excavated soil stockpiles, including dust
-Procedure for handling and disposal of
levels of arsenic, chromium and cobalt
background and presence of elevated
-A detailed discussion of the site
following elements:
project site. shall include, but is not limited to, the Maintenance Services present at the (known and undocumented). The SMP phase. Environmental contaminants disturbance of contaminated materials Plan construction Department and Interest. related to soil establishing provisions Management during the Development Successor in impacts shall prepare a Soil Management Plan Soil Prior to grading Community Applicant, or To minimize Prior to grading, the project applicant HAZ-1 Check Services I resources. Soils
phase. Department - Plan Interest. paleontologica repository. Geology and construction Engineering Services Successor in impacts to museum regional approved an (cont'd) During Development and Applicant, or To minimize analyzed, and permanently curated in GEO-1 Implementation
Confirm Implementing
Implementation Monitoring: Method to Responsible for Mitigation Mitigation Number Timing for Party Responsible for Party Result after Nature of Mitigation Mitigation Nature of Result after Party Party Responsible for Timing for Number Mitigation Mitigation Responsible for Monitoring: Method to Implementation Implementing Confirm
Implementation
HAZ-1 (cont'd) and public exposure to hazardous To minimize Applicant, or Community Prior to grading Soil materials during construction. impacts Successor in Development during the Management The SMP shall be submitted to the related to soil Interest. Department and construction Plan Monterey County Environmental Health contaminants Environmental phase.
Bureau for review and approval. A copy present at the Maintenance Services of the documentation shall be submitted project site.
to the City of Salinas Community
Development Department and the
Environmental Maintenance Services
Division of the Salinas Public Works
Department for approval prior to the
grading permits.
Additionally, if reuse of impacted soil is
planned, the contractor shal prepare a
Reuse Management Plan
establishing provisions for the reuse of
impacted soils. Proper management
and disposition of impacted soils shall
be determined in consultation with
appropriate regulatory agencies and in
accordance with applicable federal
and/or state guidance.
TRA-1 To address the following short-term, To minimize Applicant, or Development and Prior to issuance Transportation project-level impacts, encroachment impacts to Successor in Engineering Services of a building permit improvements shall be traffic Interest. Department - permit. implemented at the Terven operations. Development and Traffic Avenue/Airport Boulevard Engineering
Southbound Highway 101 Ramps to
improve level of service operations. The
following improvements have been
identified as sufficient to improve
service operations;
-Eliminate the Airport eastbound slip
ramp onto the Airport Boulevard
Mitigation Nature of Result after Party Party Responsible for Timing for Number Mitigation Mitigation Responsible for Monitoring: Method to Implementation Implementing Confirm
Implementation
overpass and convert the intersection
into a typical standard intersection with
dual northbound right turn lanes to the
eastbound receiving approach of the
intersection.
-Restripe southbound off ramp
approach from the main line to include
a shared through and right turn lane,
and dual left turn lanes.
-Widen northbound approach for two
receiving lanes onto the Airport
Boulevard overcrossing.
-Widen the northbound approach to
include a left-turn pocket and a shared
through and right-turn lane.
Restripe the southbound approach to
include one left-turn pocket and one
shared thru-right lane.
- Eliminate split signal phasing.
However, an Intersection Control
Evaluation (ICE) consistent with the
process defined by Traffic Operations
Policy Directive 13-02 will be performed
to evaluate potential intersection
alternatives.
TRA-2 If development of the Salinas Airport To minimize Applicant, or Development and Prior to issuance Transportation Development Lease Project occurs prior impacts to Successor in Engineering Services of a building to implementation of Phase 2 of the Interest. Department - permit.
Salinas Travel Center project, the operations. Development and Traffic applicant shall pay a fair share of the Engineering and Plan cost of a traffic signal or roundabout at Check Services the Skyway Boulevard & Airport
Boulevard intersection. The fair share
fee shall be paid prior to issuance of a
(1) Avoidance and preservation of the
below.
but not limited to the examples provided
Treatment of the resource could include
appropriate.
Ohlone/Coastanoan-Esselen Nation, as
Aepresentativel representative androne representative
archeologist and the appropriate Native
resource in coordination with the
of the resource or, if avoidance of the
find. The plan shall include avoidance
disturbing work within the vicinity of the
groups prior to continuation of any earth
consultation with Native American
insignificance. consultane wit atate gurderines and in
Department level of implemented
Development reduced to a under CEQA, a mitigation plan shall be Community resources are cultural resource and thus significant Department - Interest. archaeological determines that the resource is a tribal Resources construction. Engineering Services Successor in impacts to the find, is consulted. If the City Tribal Cultural During Development and Applicant, or To ensure that representative, based on the nature of TCR-1 an appropriate Native American
insignificance. nature and significance of the find and Department until an archaeologist has evaluated the
Development reduced to a be temporarily suspended or redirected Community resources are work within the vicinity of the find must Department - Interest. archaeological during construction, all earth disturbing Resources construction. Engineering Services Successor in impacts to Native American origin are identified Tribal Cultural During Development and Applicant, or To ensure that In the event that cultural resources of TCR-1 building permit.
Implementation
Confirm Implementing
Implementation Monitoring: Method to Responsible for Mitigation Mitigation Number Timing for Party Responsible for Party Result after Nature of Mitigation Mitigation Nature of Result after Party Party Responsible for Timing for Number Mitigation Mitigation Responsible for Monitoring: Method to Implementation Implementing Confirm
Implementation
resources in place, including, but not
limited to, planning and construction to
avoid the resources and protect the
cultural and natural context, or planning
speens ace incorporate the resources
space, to
with culturally appropriate protection
and management criteria.
(2) Treating the resource with culturally
appropriate dignity taking into account
TCR-1 (cont'd) the tribal cultural values and meaning of To ensure that Applicant, or Development and During Tribal Cultural the resource, including, but not limited impacts to Successor in Engineering Services construction.
Resources to, the following: archaeological Interest. Department - Protecting the cultural character resources are Community and integrity of the resource. reduced to a Development Protecting the traditional use of level of Department
the resource. insignificance.
(C) Protecting the confidentiality of
the resource.
(3)Permanent conservation easements
or other interests in real property, with
culturally appropriate management
criteria for the purposes of preserving
or utilizing the resources or places.
(4) Protecting the resource.
Earth-disturbing work within the vicinity
of the find shall not be restarted until all
requirements of the mitigation plan
have been adequately addressed
pursuant to CEQA.
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