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Exhibit UU - John St & Abbott St Mitigation Monitoring and Reporting Program

Salinas City Council
June 11, 2024

Document
Exhibit UU - John St & Abbott St Mitigation Monitoring and Reporting Program
Meeting
June 11, 2024
Body
Salinas City Council
Pages
14
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Text extracted from the city's file for reading and search. Open the original on legistar2.granicus.com. That file is the official record.

JOHN STREET AND ABBOTT STREET MIXED USE DEVELOPMENT PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM
(Case File: PUD 2020-002, CUP 2020-030, ER 2020-018, and TM 2022-001)

Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible for
Monitoring:

Method to
Confirm
Implementation
Timing for
Implementation
AQ-1:

Construction
Emissions
Reduction
Prior to issuance of grading permits, the following
measures shall be implemented:
▪ All mobile off -road equipment (wheeled or
tracked) greater than 50 horsepower used
during construction activities shall meet the
USEPA Tier 4 interim standards. Tier 4
certification can be for the original equipment or
equipment that is retrof itted to meet the Tier 4
interim standards.
▪ Alternative Fuel (natural gas, propane, electric,
etc.) construction equipment shall be
incorporated where available. These
requirements shall be incorporated into the
contract agreement with the construction
contractor. A copy of the equipment’s
certification or model year specifications shall
be available upon request for all equipment on-
site.
▪ Electricity shall be supplied to the site from the
existing power grid to support the electric
construction equipment. If connection to the
grid is determined to b e infeasible for portions
of the project, a non -diesel fueled generator
shall be used.
▪ The project would comply with the CARB Air
Toxics Control Measure that limits diesel
powered equipment and vehicle idling to no
To minimize
toxic air
contaminant
exposure to
sensitive
receptors.

Applicant, or
Successor in
Interest.

Community
Development
Department –
Current Planning
and Permit
Services
(Building)
Divisions

During
construction
phase.

Page 2 of 14 ends

Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible for
Monitoring:

Method to
Confirm
Implementation
Timing for
Implementation
more than five minutes at a location, and the
CARB In -Use Off -Road Diesel Vehicle
Regulation; compliance with these would
minimize emissions of TACs during
construction.

BIO-1: Nesting
Bird Surveys
and Avoidance
For all phases of the proposed project that contain
trees, construction, grading, site preparation and
other ground disturbance activities required for
future development, including vegetation or tree
removal, shall not occur during the general avian
nesting season (February 1 – August 31), if
feasible. If breeding season avoidance is not
feasible, the applicant shall retain a qualified
biologist, as approved by the City of Salinas, to
conduct a preconstruction nesting bird survey to
determine the presence/ absence, location, and
status of nests on or adjacent to the project site. The extent of the survey buffer area surrounding the site
shall be established by the qualified biologist to
ensure that direct and indirect effects to nesting
birds are avoided. To avoid the destruction of active
nests and to protect the reproductive success of
birds protected by the CFGC, nesting bird surveys
shall be performed not more than 14 days prior to
scheduled vegetation clearance. In the event that
active nests are discove red, a minimum buffer of
300 feet for raptors and 50 -foot radius avoidance
buffers for passerines shall be established around
such active nests and no construction or personnel
shall be allowed within the buffer areas until a
qualified biologist has determined that the nest is no
longer active (e.g., the nestlings have fledged and
To avoid
disturbance of
nesting and
special-status
birds or
migratory
species
protected by
the MBTA and
Sections 3503,
3503.5, and
3513 of the
CFGC.

Applicant, or
Successor in
Interest.

Community
Development
Department -
Current Planning
Division
Within 14 days
prior to the start of
construction.

Page 3 of 14 ends

Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible for
Monitoring:

Method to
Confirm
Implementation
Timing for
Implementation
are no longer reliant on the nest). No ground
disturbing activities shall occur within this buffer
until the qualified biologist has confirmed that
breeding/nesting is completed, and the young have
fledged the nest. Nesting bird surveys are not
required for construction activities occurring
between September 1 and January 31.

CUL-1:

Unanticipated
Discovery of
Cultural
Resources
If archaeological resources are encountered during
ground-disturbing activities, work within 50 feet
shall be halted and the project archaeologist
meeting the Secretary of the Interior’s Professional
Qualification Standards for archeology (National
Park Service 1983) shall be contacted immediately
to evaluate the find pursuant to Public Resources
Code Section 21083.2. If necessary, the evaluation
may require preparation of a treatment plan and
archaeological testing for CRHR eligibility. If the
discovery proves to be significant under CEQA and
cannot be avoided by the project, additional work
may be warranted, such as data recovery
excavation, to mitigate any significant impacts to
significant resources. If the resource is of Native
American origin, implementation of Mitigation
Measures TCR -1 may be required. Any reports
required to document and/or evaluate unanticipated
discoveries shall be submitted to the City for review
and approval and submitted to th e NWIC after
completion. Recommendations contained therein
shall be implemented throughout the remainder of
ground disturbance activities.

To ensure
protection of
on-site cultural
resources.

Applicant, or
Successor in
Interest.

Community
Development
Department –
Current Planning
and Permit
Services
(Building)
Divisions

During
construction
phase, if
archaeological
resources are
encountered
during ground-
disturbing
activities.

Page 4 of 14 ends

Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible for
Monitoring:

Method to
Confirm
Implementation
Timing for
Implementation
HAZ-1:

RWQCB
Regulatory
Agency
Submittal
Prior to issuance of a grading permit, the project
applicant shall retain a qualified environmental
professional (EP), as defined by the American
Society of Testing and Materials (ASTM) E-1527, to
prepare a Phase I ESA in accordance with standard
ASTM methodologies to assess the project site
(including development Lots 4, 5, and 6). The
project applicant shall submit the Phase I ESA to
the Central Coast RWQCB project manager of the
open Cleanup Program Site case. Additionally, the
project applicant shall submit the following
documents to the Central Coast RWQCB Cleanup
project manager:
▪ Current development plan and any
modifications to the development plan for Lots
1-9
▪ All environmental documents completed for the
project (Lots 1-9), including this HMTS
▪ All future environmental documents completed
for the project (Lots 1-9)
Upon submittal of the information above, the
Central Coast RWQCB may require actions such
as: development of subsurface investigation
workplans; completion of soil, soil vapor, and/or
groundwater subsurface investigations; installation
of soil vapor or groundwater monitoring wells; soil
excavation and offsite disposal; completion of
human health risk assessments; and/or completion
of remediation reports or case closure documents.

Subsurface soil, soil vapor, and groundwater
To ensure
protection
from
contaminated
soil or
groundwater.

Applicant, or
Successor in
Interest.

Community
Development
Department –
Current Planning
Division and
Public Works
Department –
Development
Engineering
Division
Prior to issuance
of a grading
permit or other
ground disturbing
work.

Page 5 of 14 ends

Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible for
Monitoring:

Method to
Confirm
Implementation
Timing for
Implementation
investigations, if required, shall be conducted in
accordance with a sampling plan that shall be
reviewed and approved by the Central Coast
RWQCB.

The Central Coast RWQCB closure and agency
approval documents shall be submitted and
reviewed by the City prior to issuance of grading
permits.

It should also be noted that the Central Coast
RWQCB may determine that Monterey County
HMMS or the DTSC may be best suited to perform
the cleanup oversight agency duties for the
assessment and/or remediation of this project.

Should the cleanup oversight agency be transferred
from the RWQCB to the Monterey County HMMS or
the DTSC, this and other mitigation measures will
still apply.

HAZ-2:

Subsurface
Investigation
The project applicant shall retain a qualified
environmental consultant (Professional Geologist
[PG] or Professional Engineer [PE]) to prepare
subsurface investigations, as required by the
Central Coast RWQCB, prior to construction. The
subsurface investigations may include sampling of
the following suspect release areas:
▪ Stained asphalt and concrete flooring
▪ Drainage trench with unlined effluent ponds and
discolored fluids
▪ Onsite hazardous materials storage and
abandoned unidentified wastes
▪ Onsite ASTs (waste oil and ammonia)
To ensure
protection
from
contaminated
soil or
groundwater.

Applicant, or
Successor in
Interest.

Community
Development
Department –
Current Planning
Division and
Public Works
Department –
Development
Engineering
Division
Prior to issuance
of a grading
permit or other
ground disturbing
work.

Page 6 of 14 ends

Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible for
Monitoring:

Method to
Confirm
Implementation
Timing for
Implementation
▪ Former onsite USTs
▪ Former onsite auto repair, machine shop, and
gasoline station
▪ Former (potentially remaining onsite) railroad
tracks and spurs
▪ Former oil storage warehouse
Additionally, these subsurface investigations may
include, but are not limited to, completion of:
▪ Geophysical surveys
▪ Soil, soil vapor, and/or groundwater sampling
assessments
▪ Laboratory analysis for TPH, VOCs, SVOCs,
OCPs, and metals
The subsurface investigations shall provide
recommendations to address identified hazards
and indicate when to apply those recommended
actions in relation to proposed project activities. As
part of the subsurface investigation, analytical
results shall be screened against the San
Francisco Bay RWQCB environmental screening
levels (ESLs). These ESLs are risk-based
screening levels for direct exposure of a
construction worker under various depth and land
use scenarios.

Appropriate steps shall be undertaken to protect site
workers during project construction and if

Page 7 of 14 ends

Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible for
Monitoring:

Method to
Confirm
Implementation
Timing for
Implementation
necessary, the public during project operation. This
would include the preparation of a Soil and Soil
Vapor Management Plan (see Mitigation Measure
HAZ-3).

If contaminants are detected at concentrations
exceeding hazardous waste screening thresholds
for contaminants in soil (CCR Title 22, Section
66261.24), appropriate steps shall be undertaken to
protect site workers during project construction and
if necessary, the public during project operation
(see Mitigation Measures HAZ-3, HAZ-4, and HAZ-
5).

HAZ-3: Soil
and Soil Vapor
Management
Plan
The project applicant shall retain a qualified
environmental consultant (PG or PE) to prepare a
Soil and Soil Vapor Management Plan (SSVMP)
prior to construction. Where groundwater impacts
are identified during implementation of Mitigation
Measure HAZ-2, a groundwater management
section shall be added to the SSVMP. The SSVMP,
or equivalent document, shall be prepared to
address onsite handling and management of
impacted soils, soil vapor, or other impacted
wastes, and reduce hazards to construction workers
and offsite receptors during construction. The plan
must establish remedial measures and/or soil
management practices to ensure construction
worker safety, the health of future workers and
visitors, and the offsite migration of contaminants
from the site. These measures and practices may
include, but are not limited to:

To ensure
protection
from
contaminated
soil or soil
vapor.

Applicant, or
Successor in
Interest.

Community
Development
Department –
Current Planning
Division and
Public Works
Department –
Development
and Engineering
Division
Prior to issuance
of a grading
permit or other
ground disturbing
work.

Page 8 of 14 ends

Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible for
Monitoring:

Method to
Confirm
Implementation
Timing for
Implementation
▪ Stockpile management including stormwater
pollution prevention and the installation of Best
Management Practices (BMPs)
▪ Proper disposal procedures of contaminated
materials
▪ Monitoring and reporting
▪ A health and safety plan for contractors working
at the site that addresses the safety and health
hazards of each phase of site construction
activities with the requirements and procedures
for employee protection
▪ The health and safety plan will also outline
proper soil handling procedures and health and
safety requirements to minimize worker and
public exposure to hazardous materials during
construction.

Prior to demolition and grading (construction), the
City shall confirm the Central Coast RWQCB’s
approval of the SSVMP. The project applicant shall
review and implement the SSVMP prior to
demolition and grading (construction).

If odorous or visually stained soils, other indications of hydrocarbon piping or equipment, or debris are
encountered during ground-disturbing activities,
work in the immediate area shall be halted and a
qualified environmental consultant shall be
contacted immediately to evaluate the situation.

Work may continue on other parts of the project

Page 9 of 14 ends

Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible for
Monitoring:

Method to
Confirm
Implementation
Timing for
Implementation
while impacted soil investigation and/or remediation
takes place.

HAZ-4:

Remediation
Where soil is known to be impacted, or is identified
during implementation of Mitigation Measure HAZ-2
(subsurface investigation) to be present, within the
construction envelope at chemical concentrations
exceeding hazardous waste screening thresholds
for contaminants in soil (CCR Title 22, Section
66261.24), the project applicant shall retain a
qualified environmental consultant (PG or PE), to
conduct additional analytical testing and
recommend soil disposal recommendations, or
consider other remedial engineering controls, as
necessary.

The qualified environmental consultant shall utilize
the development site analytical results for waste
characterization purposes prior to offsite
transportation or disposal of potentially impacted
soils or other impacted wastes. The qualified
environmental consultant shall provide disposal
recommendations and arrange for proper disposal
of the waste soils or other impacted wastes (as
necessary), and/or provide recommendations for
remedial engineering controls, if appropriate.

Remediation of impacted soils and/or
implementation of remedial engineering controls
may require additional delineation of impacts;
additional analytical testing per landfill or recycling facility requirements; soil excavation; and offsite
disposal or recycling.

To ensure
protection
from and
proper
disposal of
contaminated
soil.

Applicant, or
Successor in
Interest.

Community
Development
Department –
Current Planning
Division and
Public Works
Department –
Development
Engineering
Division
Prior to issuance
of a grading
permit or other
ground disturbing
work.

Page 10 of 14 ends

Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible for
Monitoring:

Method to
Confirm
Implementation
Timing for
Implementation
The City shall confirm the Central Coast RWQCB’s
approval of the development site disposal
recommendations prior to transportation of waste
soils offsite and review and approve remedial
engineering controls, prior to construction. The
project applicant shall review and implement the
disposal recommendations prior to transportation of
waste soils offsite and review and implement the
remedial engineering controls prior to construction.

HAZ-5: Vapor
Mitigation
System
Where soil vapor is known (or is identified during
implementation of Mitigation Measures HAZ-2,
HAZ-3, or HAZ-4) to be present at chemical
concentrations exceeding the ESLs for sub-slab/soil
gas (vapor) intrusion, the project applicant shall
retain a qualified environmental consultant (PG or
PE) or other qualified person to prepare a vapor
mitigation system design for the proposed project.

The plan shall include, but is not limited to:
▪ Design specifications
▪ Material specifications
▪ Installation requirements
▪ Monitoring requirements
The project applicant shall design and implement
engineering measures or institutional controls
(e.g., soil vapor barrier) to prevent potential soil
vapor intrusion into new residences or businesses
in accordance with the measures included in the
To ensure
protection
from soil
vapor.

Applicant, or
Successor in
Interest.

Community
Development
Department –
Current Planning
and Permit
Services
(Building)
Divisions;
Public Works
Department –
Development
Engineering
Division
Prior to issuance
of a grading
permit or other
ground disturbing
work.

Page 11 of 14 ends

Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible for
Monitoring:

Method to
Confirm
Implementation
Timing for
Implementation
DTSC’s Vapor Intrusion Guidance Document –
Final (October 2011) and Vapor Intrusion
Mitigation Advisory, Revision 1 (October 2011).

Engineering measures or institutional controls shall
be submitted to the City’s Permit Services Division
and Current Planning Division prior to the issuance
of any grading or building permits. Said engineering
measures and institutional controls shall be peer
reviewed by a qualified third-party contractor hired
by the City at the project applicant’s expense to
confirm such measures and controls comply with
applicable regulations.

Consultation with the DTSC or a local cleanup
agency may be required to confirm the
appropriateness of the measures and controls.

The project applicant and/or contractor shall retain a
qualified professional to certify that the accepted
measures and controls are properly constructed and
functioning at each residence. Written verification
shall be submitted to the City.

The efficacy of the measures and controls shall be
confirmed and certified by a qualified professional
pursuant to the construction quality
assurance/quality control testing guidance of the
DTSC’s Vapor Intrusion Guidance Document –
Final (October 2011).

The project applicant and contractor shall
incorporate a sub-slab vapor barrier during
construction, the implementation of which would

Page 12 of 14 ends

Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible for
Monitoring:

Method to
Confirm
Implementation
Timing for
Implementation
prevent the potential for soil gas VOCs from
migrating to indoor air.

The City shall confirm the Central Coast RWQCB’s
approval of the Vapor Mitigation System Design
prior to construction. The project applicant shall
review the Vapor Mitigation System Design and
install the system during construction.

TRA-1: Office
Use VMT
Reduction
Program
The applicant for future office use development
shall prepare and implement a VMT Reduction
Program that reduces VMT generated by the office
components of the project to VMT per employee of

6.6 or less. The VMT Reduction Program shall be
reviewed and approved by the City prior to approval
of permits for proposed office uses. The strategies
shall include the following:
▪ Reduce Transit Headways and Improve On -
Street Bike Facilities. Queue jump lanes shall
be installed for northbound MST buses at the
Maple Str eet and Abbott Street intersection,
and bike lanes shall be installed along project
site frontages with John Street and Abbott
Street. The project applicant shall pay for the
cost of installation of queue jump lanes and bike
lanes.
▪ Safe and Well -Lit Acces s to Transit . Office
uses shall include pedestrian facility
improvements along street frontages, which
shall include exterior lighting along project
frontages served by transit.

To ensure that
VMT
generated by
office uses
does not
exceed 6.6
VMT per
employee.

Applicant, or
Successor in
Interest.

Community
Development
Department –
Current Planning
Division and
Public Works
Department
Prior to approval
of permits for
proposed office
uses.

Page 13 of 14 ends

Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible for
Monitoring:

Method to
Confirm
Implementation
Timing for
Implementation
▪ Preferential Carpool/Vanpool Parking
Spaces. Office uses shall include reserv ed
carpool/vanpool spaces close to the building
entrances based on the City’s parking
requirements.
▪ Designated Parking Spaces for Car Sharing
Vehicles. Office uses shall provide designated
parking spaces for car sharing vehicles.
▪ Bike Charging Facility. Office uses shall
include a secure bike charging facility on site.
▪ Pedestrian Network Improvements . Office
uses shall involve pedestrian network
improvements throughout and around the
project site that encourage people to walk.
▪ Multimodal Wayfinding Signage. Office uses
shall include multimodal wayfinding signage to
orient users to locations of sustainable
transportation.
▪ Bicycle Repair Station/Services. Office uses
shall include on -site bicycle repair tools and
space to use them to support on -going use of
bicycles for transportation.

TCR-1:

Inadvertent
Discoveries
During
Construction
In the event that cultural resources of Native
American origin are identified during gradin g or
construction, all earth disturbing work within the
vicinity of the find shall be temporarily suspended or
redirected until a qualified archaeologist has
evaluated the nature and significance of the find; an
appropriate Native American representative, based
To ensure the
protection of
on-site tribal
cultural
resources.

Applicant, or
Successor in
Interest.

Community
Development
Department –
Current Planning
and Permit
Services
During the
construction
phase, if cultural
resources of
Native American
origin are
identified.

Page 14 of 14 ends

Mitigation
Number Nature of Mitigation
Result after
Mitigation
Party
Responsible
for
Implementing
Party
Responsible for
Monitoring:

Method to
Confirm
Implementation
Timing for
Implementation
on the nature of the find, is consulted; and mitigation measures are put in place for the disposition and
protection of any find pursuant to Public Resources
Code Section 21083.2. If the City, in consultation
with local Native Americans, determines t hat the
resource is a tribal cultural resource and thus
significant under CEQA, a mitigation plan shall be
prepared and implemented in accordance with state
guidelines and in consultation with local Native
American group(s) prior to continuation of any earth
disturbing work within the vicinity of the find. The
plan shall include avoidance of the resource or, if
avoidance of the resource is infeasible, shall outline
the appropriate treatment of the resource in
coordination with the appropriate local Native
American tribal representative and, if applicable, a
qualified archaeologist. Examples of appropriate
mitigation for tribal cultural resources include, but
are not limited to, protecting the cultural character
and integrity of the resource, protecting tradi tional
use of the resource, protecting the confidentiality of
the resource, or heritage recovery.
(Building)
Divisions

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