PRIME DATA CENTER PROJECT
1231 COMSTOCK STREET
Mitigation Monitoring and Reporting Program (MMRP)
City File No: PLN22-00282
Prepared For:
City of Santa Clara
Community Development Department
1500 Warburton Avenue
Santa Clara, CA 95050
Prepared By:
Circlepoint
46 S First Street
San Jose, CA 95113
September 2024
Page Intentionally Left Blank
Mitigation Monitoring and Reporting Program
Environmental Factor
Mitigation Measures
Level of Impact
Responsible Party
Timing
Biological Resources
BIO-MM-1: Nesting Bird Survey
To the degree feasible, construction should be scheduled to occur outside the nesting bird season from September 15 through January 15. If construction occurs during the nesting bird season (January 15 through September 15), pre-construction surveys will be conducted by a qualified biologist no more than one week prior to construction to determine the presence/absence of nesting birds within the project site. If active nests are found, the qualified biologist will establish an appropriate buffer, taking into account the species sensitivity and physical location of the nest (line of site to the work area). In no cases will the buffer be smaller than 50 feet for non-raptor bird species and 200 feet for raptor species. To prevent encroachment, the established buffer(s) will be clearly marked by high visibility material. The established buffer(s) will remain in effect until the young have fledged or the nest has been abandoned as confirmed by the qualified biologist.
Less than Significant with Mitigation
Project Applicant, Contractor, Qualified Biologist
Pre-Construction, Construction
Cultural Resources
CUL MM-1.1: Archaeological Monitoring
A Secretary of the Interior‐qualified archaeologist and a Native American cultural resources monitor shall be on site to monitor grading and excavation of native soil. The project applicant shall submit the name and qualifications of the selected archaeologist and Native American Monitor to the Director of Community Development prior to the issuance of a grading permit. Preference in selecting Native American monitors shall be given to Native Americans with:
Traditional ties to the area being monitored.
Knowledge of local historic and prehistoric Native American village sites.
Knowledge and understanding of Health and Safety Code, Section 7050.5 and Public Resources Code, Section 5097.9 et seq.
Ability to effectively communicate the requirements of Health and Safety Code, Section 7050.5 and Public Resources Code, Section 5097.9 et seq.
Ability to work with law enforcement officials and the NAHC to ensure the return of all associated grave goods taken from a Native American grave during excavation.
Ability to travel to project sites within traditional tribal territory.
Knowledge and understanding of Title 14, California Code of Regulations, Section 15064.5.
Ability to advocate for the preservation in place of Native American cultural features through knowledge and understanding CEQA mitigation provisions.
Ability to read a topographical map and be able to locate site and reburial locations for future inclusions in the NAHC’s Sacred Lands Inventory.
Knowledge and understanding of archaeological practices, including the phases of archaeological investigation.
CUL MM-1.2: Discovery of prehistoric or historic resources during construction In the event that prehistoric or historic resources that are not discovered during presence/absence testing are encountered during excavation and/or grading of the site, all activity within a 50-foot radius of the find will be stopped, the Director of Community Development will be notified, and the archaeologist will examine the find and make appropriate recommendations prior to issuance of building permits. If the find is deemed significant, a Treatment Plan will be prepared as outlined in CUL MM-1.1.
Less than Significant with Mitigation
Contractor, Qualified Archaeologist, Native American cultural resources monitor Construction
CUL MM-2: Protocol for Human Remains Discovery
In the event that human remains are discovered during presence/absence testing or excavation and/or grading of the project site, all activity within a 50-foot radius of the find will be stopped. The County Coroner will be notified and shall make a determination as to whether the remains are of Native American origin or whether an investigation into the cause of death is required. If the remains are determined to be Native American, the Coroner will notify the NAHC immediately. Once NAHC identifies the most likely descendants, the descendants will make recommendations regarding proper burial, which will be implemented in accordance with Section 15064.5(e) of the CEQA Guidelines. All actions taken under this mitigation measure shall comply with Health and Human Safety Code § 7050.5(b).
Less than Significant with Mitigation
Contractor, Professionally Qualified Staff
Pre-construction, Construction
Geology and Soils
GEO MM-1: Treatment of Expansive Soils
Expansive soils shall be addressed through treatment or removal, in order to reduce the potential for structural damage. Where highly expansive soil is encountered, it should be capped by up to 24 inches of imported (select) fill to construct any new building pads; 12 inches of select fill material should be placed beneath any proposed exterior concrete flatwork, including patio slabs and sidewalks. The select fill should extend at least five and two feet beyond the building slab and exterior concrete slab edges, respectively. Select fill should be non-hazardous, free of organic material, contain no rocks or lumps larger than three inches in greatest dimension, and have a low expansion potential (defined by a liquid limit of less than 40 and a plasticity index lower than 12).
Less than Significant with Mitigation
Project Applicant, Contractor
Pre-Construction, Construction
GEO MM-2: Discovery of paleontological specimen
Discovery of a paleontological specimen during any phase of the project shall result in a work stoppage in the vicinity of the find until it can be evaluated by a professional paleontologist. Should loss or damage be detected, additional protective measures or further action (e.g., resource removal), as determined by a professional paleontologist, shall be implemented to mitigate the impact.
Less than Significant with Mitigation
Project Applicant, Contractor, Professional Paleontologist Pre-Construction, Construction
Tribal Cultural Resources
Please see CUL MM-1.1, CUL MM-1.2 and CL MM-2.
Less than Significant with Mitigation
Contractor, Qualified Archeologist, Native American cultural resources monitor Pre-Construction, Construction
Mandatory Findings of Significance
See BIO MM-1, CUL MM-1.1, CUL MM-1.2, GEO MM-1, and GEO MM-2.
Less than Significant with Mitigation
Project Applicant, Contractor, Qualified Archeologist, Qualified Paleontologist, Native American cultural resources monitor Pre-construction, Construction
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Exhibit C: Mitigation Monitoring and Reporting Program