Mitigation Monitoring and Reporting Program
Intial Study – Mitigated Negative Declaration Administrative Draft 1 Mitigation Monitoring and Reporting Program
CEQA requires that a reporting or monitoring program be adopted for the conditions of project approval that are necessary to mitigate or avoid significant effects on the environment (Public Resources Code 21081.6). This mitigation monitoring and reporting program is intended to track and ensure compliance with adopted mitigation measures during the project implementation phase. For each mitigation measure recommended in the Initial Study – Mitigated Negative Declaration, specifications are made herein that identify the action required, the monitoring that must occur, and the agency or department responsible for oversight.
Exhibit B
City of San Leandro
14143-14273 Washington Avenue Warehouse Project
2 Mitigation Measure Action Required
Monitoring
Timing
Monitoring
Frequency
Responsible
Agency
Compliance
Verification
Initial
Compliance
Verification
Date
Compliance
Verification
Comments
Air Quality
AQ-1: BAAQMD Basic Construction Mitigation Measures
The project applicant shall require all construction contractors to implement the basic construction mitigation measures
recommended by BAAQMD to reduce fugitive dust emissions.
Emission reduction measures will include, at a minimum, the following measures:
1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping shall be prohibited.
4. All vehicle speeds on unpaved roads shall be limited to 15 mph.
5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
6. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
7. All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
8. Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch compacted layer of wood chips, mulch, or gravel.
9. Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.
The City shall verify that
the project’s construction
contractor implements
BAAQMD’s Basic
Construction Mitigation
Measures.
During
construction
activities.
Periodically
during
construction
activities..
City of San
Leandro
Community
Development
Department,
Building &
Safety
Division
Mitigation Monitoring and Reporting Program
Intial Study – Mitigated Negative Declaration Administrative Draft 3 Mitigation Measure Action Required
Monitoring
Timing
Monitoring
Frequency
Responsible
Agency
Compliance
Verification
Initial
Compliance
Verification
Date
Compliance
Verification
Comments
Biological Resources
BIO-1: Nesting Bird Avoidance and Minimization Measures The following avoidance and minimization measures shall be implemented during project construction activities:
▪ Initial site disturbance should occur outside the general avian nesting season (February 1 through September 15), if feasible. ▪ If initial site disturbance occurs in a work area within the general avian nesting season indicated above, a qualified biologist shall conduct a pre-construction nesting bird survey no more than 14 days prior to initial disturbances in the work area. The survey shall include the entire area of disturbance area plus a 50-foot buffer (relevant to non-raptor species) and 300-foot buffer (relevant to raptors) around the site. If active nests are located, all construction work shall be conducted outside a buffer zone from the nest to be determined by the qualified biologist. The buffer should be a minimum of 50 feet for non-raptor bird species and at least 300 feet for raptor species. Larger buffers may be required and/or smaller
buffers may be established depending upon the species,
status of the nest, and construction activities occurring in the vicinity of the nest. The buffer area(s) shall be closed to all construction personnel and equipment until the adults and young are no longer reliant on the nest site. A qualified biologist shall confirm that breeding/nesting is completed and young have fledged the nest prior to removal of the buffer. ▪ If construction activities in a given work area cease for more than 14 days, additional surveys shall be conducted for the work area. If active nests are located, the aforementioned buffer zone measures shall be implemented.
If initial site disturbance
occurs during the general
avian nesting season, the
City shall verify that a
qualified biologist has
performed a preconstruction nesting bird
survey prior to ground
disturbance.
If active nests are located,
the City shall verify all
construction activities are
conducted outside a buffer
zone, determined by a
qualified biologist, from
the nest. The City shall
verify a qualified biologist
has confirmed the
breeding/nesting is
complete prior to the
removal of the buffer zone.
If construction activities
cease for more than 14
days, the City shall verify
additional surveys are
conducted and buffer zone
measures are
implemented.
No more than
14 days prior
to initial site
disturbance.
During
construction,
if within avian
nesting
season.
Prior to initial
site
disturbance.
Periodically
during
construction,
if within
avian nesting
season.
City of San
Leandro
Community
Development
Department
City of San Leandro
14143-14273 Washington Avenue Warehouse Project
4 Mitigation Measure Action Required
Monitoring
Timing
Monitoring
Frequency
Responsible
Agency
Compliance
Verification
Initial
Compliance
Verification
Date
Compliance
Verification
Comments
BIO-2: Roosting Bats Avoidance and Minimization Measures A qualified biologist shall survey trees, vegetation, and existing structures with features capable of supporting roosting bats (both maternity and wintering or hibernation roosts) prior to their removal or demolition. Vegetation and existing structures shall be surveyed for bat roosts or evidence of bat roosting (e.g., guano, urine staining and scent, dead bats) no more than 14 days before the start of disturbance, including vegetation removal. If active roosts are discovered, a protection zone of no less than 50 feet around the active roost shall be established by the qualified biologist. Disturbance may occur within the once active roosting ceases, as determined by the qualified biologist.
The City shall verify that a
qualified biologist
conducted a roosting bat
survey prior to ground
disturbance and
vegetation removal.
If active roosts are
discovered, the City shall
verify all construction
activities are conducted
outside a protection zone,
determined by a qualified
biologist, from the roost.
No more than
14 days prior
to ground
disturbance,
demolition or
vegetation
removal.
Once. City of San
Leandro
Community
Development
Department
Cultural Resources
CUL-1: Unanticipated Discovery of Cultural Resources
In the event that archaeological resources are unexpectedly encountered during ground-disturbing activities, work within 50 feet of the find shall halt and an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archaeology (National Park Service 1983) shall be contacted immediately to evaluate the find. If the resource is determined by the qualified archaeologist to be prehistoric, then a Native American representative shall also be contacted to participate in the evaluation of the resource. If the qualified archaeologist and/or Native American representative determines it to be appropriate, archaeological testing for CRHR eligibility shall be completed. If the resource proves to be eligible for the CRHR and impacts to the resource cannot be avoided via project redesign, a qualified archaeologist shall prepare a data recovery plan tailored to the physical nature and characteristics of the resource, per the requirements of CCR Guidelines Section 15126.4(b)(3)(C). The data recovery plan shall identify data recovery excavation methods, measurable objectives, and data thresholds to reduce any significant impacts to cultural resources related to the resource. Pursuant to the data recovery plan, the qualified archaeologist and Native American representative, as
The City shall verify that if
tribal cultural resources
are encountered,
appropriate measures are
implemented.
During
construction if
cultural
resources are
encountered
during ground
disturbing
activities.
As needed. City of San
Leandro
Community
Development
Department,
Building &
Safety
Division
Mitigation Monitoring and Reporting Program
Intial Study – Mitigated Negative Declaration Administrative Draft 5 Mitigation Measure Action Required
Monitoring
Timing
Monitoring
Frequency
Responsible
Agency
Compliance
Verification
Initial
Compliance
Verification
Date
Compliance
Verification
Comments
appropriate, shall recover and document the scientifically consequential information that justifies the resource’s significance. The City shall review and approve the treatment plan and archaeological testing as appropriate, and the resulting documentation shall be submitted to the regional repository of the CHRIS, per CCR Guidelines Section 15126.4(b)(3)(C).
Geology and Soils
GEO-1: Unanticipated Fossil Discovery
Paleontological Worker Environmental Awareness Program.
Prior to the start of construction, a Qualified Professional Paleontologist, as defined by SVP (2010), or their designee shall conduct a paleontological Worker Environmental Awareness Program (WEAP) training for construction personnel regarding the appearance of fossils and the procedures for notifying paleontological staff should fossils be discovered by construction personnel.
Unanticipated Discovery of Paleontological Resources. The project developer shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. If a potential fossil is discovered during project construction, construction activity within 50 feet of the find shall cease until the discovery is examined by a Qualified Professional Paleontologist. If the find is determined to be significant, the Qualified Professional Paleontologist shall direct all mitigation measures related to paleontological resources consistent with the SVP (2010) standards.
The City shall review and
approve a WEAP prepared
by a Qualified Professional
Paleontologist and verify
that workers have
completed the required
training.
The City shall verify that a
standard inadvertent
discovery clause is
included in every
construction contract.
The City shall verify that if
a potential fossil is
encountered, appropriate
measures are
implemented.
Prior to
demolition or
ground
disturbance
activities.
During
construction if
a potential
fossil is
encountered
during
construction.
Once prior to
demolition or
ground
disturbance
activities.
As needed.
City of San
Leandro
Community
Development
Department,
Building &
Safety
Division
City of San Leandro
14143-14273 Washington Avenue Warehouse Project
6 Mitigation Measure Action Required
Monitoring
Timing
Monitoring
Frequency
Responsible
Agency
Compliance
Verification
Initial
Compliance
Verification
Date
Compliance
Verification
Comments
Hazards and Hazardous Materials
HAZ-1: Preparation of a Soil Management Plan
The project applicant shall retain a qualified environmental consultant (Professional Geologist [PG] or Professional Engineer [PE]), to prepare a Soil Management Plan (SMP) prior to construction. The SMP or equivalent document shall be prepared to address onsite handling and management of impacted soils or other impacted wastes, and to reduce hazards to construction workers and offsite receptors during construction. The plans shall establish remedial measures and/or soil management practices to ensure construction worker safety, the health of future workers and visitors, and the off-site migration of contaminants from the site. These measures and practices may include, but are not limited to:
▪ Stockpile management including stormwater pollution
prevention and the installation of 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 City shall review and approve the development site plans for prior to ground disturbing or construction activities.
Recommendations listed within the SMP shall be implemented as indicated prior to (preparation of the SMP) and during
(adherence to the SMP) construction of the proposed project.
The City shall verify a SMP
is prepared by a qualified
environmental consultant
prior to construction.
The City shall review and
approve the site plans
prior to ground disturbing
or construction activities.
The City shall verify
recommendations listed
within the SMP are
implemented as indicated.
Prior to
construction.
Prior to
ground
disturbing or
construction
activities.
Prior to and
during
construction
of the
proposed
project.
Ongoing. City of San
Leandro
Community
Development
Department,
Building &
Safety
Division
Mitigation Monitoring and Reporting Program
Intial Study – Mitigated Negative Declaration Administrative Draft 7 Mitigation Measure Action Required
Monitoring
Timing
Monitoring
Frequency
Responsible
Agency
Compliance
Verification
Initial
Compliance
Verification
Date
Compliance
Verification
Comments
Tribal Cultural Resources
TCR-1: Unanticipated Discovery of Tribal Cultural Resources In the event that cultural resources of Native American origin are identified during project construction, all earth-disturbing work within 50 feet of the find shall be temporarily suspended or redirected until an archaeologist has evaluated the nature and significance of the find as a cultural resource and an appropriate local Native American representative is consulted. If the City, in consultation with local Native American tribes, determines that 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). The plan shall include avoidance of the resource or, if avoidance of the resource is infeasible, the plan shall outline the appropriate treatment of the resource in coordination with the appropriate local Native American tribal representative and, if applicable, a qualified archaeologist. The plan shall include measures to ensure the find is treated in a manner that respectfully retains, to the degree feasible, the qualities that render the resource of significance to the local Native American group(s). Examples of appropriate mitigation for tribal cultural resources include, but are not limited to, protecting the cultural character and integrity of the resource, protecting traditional use of the resource, protecting the confidentiality of the resource, or heritage recovery.
The City shall verify that if
tribal cultural resources
are encountered,
appropriate measures are
implemented.
During
construction if
cultural
resources of
Native
American
origin are
encountered
during ground
disturbing
activities.
As needed. City of San
Leandro
Community
Development
Department,
Building &
Safety
Division
City of San Leandro
14143-14273 Washington Avenue Warehouse Project
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