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HomeMy WebLinkAbout3.1 Attachment 2 STIRLING SUBDIVISION MITIGATED NEGATIVE DECLARATION Mitigation Monitoring and Reporting Program Department:Town of Los Altos Hills-Planning&Building Department Project Name:Stirling Subdivision(Lands of Top Elegant Investment LLC) Compliance&Mitigation Monitoring and/or Reporting Program File No: 193-14-TM APN: 182-10-057 Approval by:Los Altos Hills City Council Date: *Monitoring or Reporting refers to projects with an EIR or adopted Mitigated Negative Declaration per Section 21.081.6 of the Public Resources Code. Verification Permit Compliance or Monitoring Actions to be performed. Responsible Mitigation Conditions of Approval and/or Mitigation Measures of Cond. Where applicable,a certified professional is Party for Timing Number and Responsible Land Use Department Compliance Number required for action to be accepted. Compliance (name/date) MM#1 (Air Quality/AQ-1) During construction,the The Town of Los Altos Hills Planning and The Town During following basic control measures shall be Building Department will ensure that the of Los constructio implemented at the construction site: particulate dust minimization measures are Altos Hills n activities 1. All exposed surfaces(e.g.,parking areas, included in the contractor work specifications staging areas,soil piles,graded areas,and for the proposed project The Town of Los unpaved access roads)shall be watered two Altos Hills Planning and Building Department times per day. will also be responsible for monitoring construction activities to ensure that the 2. All haul trucks transporting soil,sand,or minimization measures are being other loose material off-site shall be covered. implemented.Contractor failure to comply 3. All visible mud or dirt track-out onto with the requirements of the mitigation adjacent public roads shall be removed using measure,will cause all work to be stopped i--] wet power vacuum street sweepers at least until corrective actions are taken and once per day.The use of dry power sweeping confirmed by The Town of Los Altos Hills is prohibited. Planning and Building Department. 4. All vehicle speeds on unpaved roads shall be limited to 15 mph. 5. All roadways,driveways,and sidewalks to be i..] EMC PLANNING GROUP INC. • MITIGATION MONITORING REPORTING PROGRAM Verification Permit Compliance or Monitoring Actions to be performed. Responsible Mitigation Conditions of Approval and/or Mitigation Measures of Cond. Where applicable,a certified professional is Party for Timing • Number Number and Responsible Land Use Department required for action to be accepted. Compliance Compliance (name/date) 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. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes(as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]).Clear signage shall be provided for construction workers at all access points. 7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications.All equipment shall be checked by a certified visible emissions evaluator. 8. Post a publicly visible sign with the telephone number and 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 phone number shall also be visible to ensure compliance with applicable regulations. EMC PLANNING GROUP INC. STIRLING SUBDIVISION MITIGATED NEGATIVE DECLARATION Verification Permit Compliance or Monitoring Actions to be performed. Responsible Mitigation Conditions of Approval and/or Mitigation Measures of Cond. Where applicable,a certified professional is Party for Timing Number and Responsible Land Use Department Compliance Number required for action to be accepted. Compliance (name/date) MM#2 (Biological Resources)To protect special-status The applicant shall be responsible for the Town of Prior to plant species with low potential to occur on the implementation of this mitigation measure, Los Altos initiation of site,the presence/absence of Congdon's tarplant, subject to monitoring by the Town of Los Hills constructio Franciscan onion,western leatherwood,white- Altos Hills. n activities flowered rein orchid,and woodland woollythreads shall be determined prior to initiation of construction activities.The applicant shall retain a qualified biologist to conduct focused botanical surveys in accordance with current CDFW and CNPS rare plant survey protocols during the peak blooming periods for these species.The surveys should cover all proposed impact areas,including the pedestrian bridge/trail in the open space easement If possible,the surveys should be conducted during a year of adequate rainfall to ensure that the species are observable if present on the site. If the surveys are conducted in an area mapped as experiencing severe,extreme,or exceptional drought conditions according to the U.S.Drought Monitor,then blooming reference populations of the target species should be identified in the general project vicinity to verify that the species are observable within about two weeks of surveying for the species.The U.S.Drought EMC PLANNING GROUP INC. MITIGATION MONITORING REPORTING PROGRAM Permit Compliance or Monitoring Actions to be performed. Responsible Verification Mitigation Conditions of Approval and/or Mitigation Measures of Cond. Where applicable,a certified professional is Party for Timing Number and Responsible Land Use Department Compliance Number required for action to be accepted. Compliance (name/date) Monitor map is available on-line and updated weekly by the National Oceanic and Atmospheric Administration,the U.S.Department of Agriculture,and the National Drought Mitigation Center. If focused botanical surveys are performed during a drought year,the CDFW and CNPS rare plant survey protocols require a discussion of - how drought conditions may affect the validity of survey results,and state that additional surveys may be necessary if the severity of drought conditions is found to preclude the identification of a target species. If the surveys conclude that the species would not be impacted by proposed development,no further mitigation is required.If any target species would be impacted,then mitigation shall be implemented.The applicant shall contract with a qualified biologist or native plant specialist to collect seed from the special-status plants located within the impact area prior to initiation of ground disturbance activities. The applicant shall then oversee selection of an appropriate mitigation area on the project site or in the project vicinity that is already preserved or shall be protected in perpetuity through a conservation easement.Collected seed shall be EMC PLANNING GROUP INC. A STIRLING SUBDIVISION MITIGATED NEGATIVE DECLARATION Verification Permit Compliance or Monitoring Actions to be performed. Responsible Mitigation Conditions of Approval and/or Mitigation Measures of Cond. Where applicable,a certified professional is Party for Timing Number and Responsible Land Use Department Compliance Number required for action to be accepted. Compliance (name/date) installed at the mitigation area at the optimal time according to a Restoration Plan developed by a qualified biologist and approved by the Town of Los Altos Hills.Topsoil from the special- status plant occurrence area should also be salvaged(where practical)for use in the mitigation area. MM#3 (Biological Resources/BIO-2)If construction The applicant shall be responsible for the Town of Prior to activities begin during the bird nesting season implementation of this mitigation measure, Los Altos initiation of (February 1 to September 15),or if construction subject to monitoring by the Town of Los Hills constructio activities are suspended for at least two weeks Altos Hills. n activities and recommence during the bird nesting season, and during then the applicant shall retain a qualified constructio biologist to conduct pre-construction surveys for n activities nesting birds.The surveys shall be performed within suitable nesting habitat areas in and adjacent to the site to ensure that no active nests would be disturbed during project implementation.Surveys shall be conducted during daylight hours,and an owl survey shall be conducted starting at dusk to detect crepuscular and nocturnal nesting owls,if present. Surveys shall be conducted no more than one week prior to the initiation of construction activities.A report documenting survey results and a plan for active bird nest avoidance(if needed)shall be completed by the qualified EMC PLANNING GROUP INC. MITIGATION MONITORING REPORTING PROGRAM Verification Permit Compliance or Monitoring Actions to be performed. Responsible Mitigation Conditions of Approval and/or Mitigation Measures of Cond. Where applicable,a certified professional is Party for Timing Number Number and Responsible Land Use Department required for action to be accepted. Compliance Compliance (name/date) biologist and submitted to the Town of Los Altos Hills for review and approval prior to construction activities. If no active bird nests are detected during the survey,then project activities can proceed as scheduled.However,if an active bird nest of a protected species is detected during the survey, then a plan for active bird nest avoidance shall determine and clearly delineate an appropriately sized,temporary protective buffer area around each active nest,depending on the nesting bird species,existing site conditions,and type of proposed construction activities.The protective buffer area around an active bird nest is typically 50-300 feet,determined at the discretion of the qualified biologist. To ensure that no inadvertent impacts to an active bird nest shall occur,no construction activities shall occur within the protective buffer area(s)until the juvenile birds have fledged(left the nest),and there is no evidence of a second attempt at nesting,as determined by the qualified biologist. MM#4 (Biological Resources/BIO-3)A qualified The applicant shall be responsible for the Town of Prior to biologist shall conduct pre-construction surveys implementation of this mitigation measure, Los Altos initiation of for woodrat nests within the project impact subject to monitoring by the Town of Los Hills constructio EMC PLANNING GROUP INC. STIRLING SUBDIVISION MITIGATED NEGATIVE DECLARATION Verification Permit Compliance or Monitoring Actions to be performed. Responsible Mitigation Conditions of Approval and/or Mitigation Measures Where applicable,a certifiedprofessional is Partyfor Timingof Cond. Number and Responsible Land Use Department pp Compliance Number required for action to be accepted. Compliance (name/date) areas.All woodrat nests shall be flagged for Altos Hills. n activities avoidance of direct construction impacts where feasible.If impacts cannot be avoided,woodrat nests shall be dismantled no more than three days prior to construction by the qualified biologist.All vegetation and duff materials shall be removed from three feet around the nest prior to dismantling so that the occupants do not attempt to rebuild.Nests are to be slowly dismantled by hand in order to allow the occupants to disperse. MM#5 (Biological Resources/BIO-4)To protect CRLF The applicant shall be responsible for the Town of Prior to and/or WPT potentially present within the implementation of this mitigation measure, Los Altos initiation of project site,the following actions shall be subject to monitoring by the Town of Los Hills constructio implemented by the applicant: Altos Hills. n activities a) Initial site clearing and grading shall be conducted and completed from April 15 to October 15.Site clearing and grading shall halt if significant rainfall,defined as greater than 0.5 inches per 24 hours within a local watershed,is either forecasted or observed to avoid environmental conditions when CRLF would have the potential to be active. b)A biologist qualified to assess and monitor CRLF shall be approved by CDFW and USFWS prior to the start of construction activities. EMC PLANNING GROUP INC. MITIGATION MONITORING REPORTING PROGRAM Verification Permit Compliance or Monitoring Actions to be performed. Responsible Mitigation Conditions of Approval and/or Mitigation Measures of Cond. Where applicable,a certified professional is Party for Timing Number and Responsible Land Use Department Compliance Number required for action to be accepted. Compliance (name/date) c)The qualified biologist will survey the work site two weeks before the onset of activities. If CRLF,tadpoles,or eggs are found,the approved biologist will contact the USFWS to determine if moving any of these life-stages is appropriate.In making this determination,the USFWS will consider if an appropriate relocation site exists. If the USFWS approves moving animals,the qualified biologist will be allowed sufficient time to move them from the work site before work activities begin.Only qualified biologists will participate in activities associated with the capture,handling,and monitoring of CRLF. - d)Before construction-associated activities begin at the project site,the qualified biologist shall conduct a training session for all construction personnel.At a minimum,the training would include a description of CRLF, WPT and their habitat,general measures that are being implemented to conserve CRLF and WPT as they relate to the project,and the boundaries within which the project occurs.Informational handouts with photographs clearly illustrating the species appearance would be used in the training session.All new construction personnel shall undergo this mandatory environmental awareness training.Additionally,the approved EMC PLANNING GROUP INC. STIRLING SUBDIVISION MITIGATED NEGATIVE DECLARATION Verification Permit Compliance or Monitoring Actions to be performed. Responsible Mitigation Conditions of Approval and/or Mitigation Measures of Cond. Where applicable,a certified professional is Party for Timing Number and Responsible Land Use Department Compliance Number required for action to be accepted. Compliance (name/date) on site biological monitor will be available to answer any questions about the species. e)The qualified biologist shall be present on site during initial site clearing and grading activities within the upland potential impact area and for all activities associated with constructing the walking trail and pedestrian footbridge through the on-site riparian area.In the unforeseen event that CRLF are encountered,the biologist shall contact the USFWS and/or CDFW immediately to determine the best course of action. At a minimum,all construction activities will cease until the frog leaves the work area.To the extent that avoidance of the CRLF is not possible,then mitigation shall be provided for the project following consultation with USFWS and CDFG. Mitigation may include,but not be limited to, species salvage and relocation,habitat enhancement,or compensatory mitigation. . 0 The USFWS-approved biologist shall permanently remove from within the project area any individuals of exotic species,such as bullfrogs,crayfish,and centrarchid fishes to the maximum extent possible.The project applicant shall have the responsibility to ensure that project activities are in compliance with the California Fish and Game Code. EMC PLANNING GROUP INC. MITIGATION MONITORING REPORTING PROGRAM Permit Compliance or Monitoring Actions to be performed. Responsible Verification Mitigation , Conditions of Approval and/or Mitigation Measuresof Cond. Where applicable,a certified professional is Party for Timing Number and Responsible Land Use Department Compliance Number required for action to be accepted. Compliance (name/date) g)The contractor shall avoid the use of monofilament netting on the job including in temporary and permanent erosion control materials(fiber rolls,and blankets),and seal all steep walled holes greater than 1 foot deep overnight to prevent entrapment of special status wildlife.Where holes cannot be sealed, escape ramps that are no more than a 30 percent slope will be positioned such that entrapped wildlife will be able to escape. The escape ramps should be at least one-foot wide and covered with jute netting or similar material. h)SWPPP measures shall be followed to prevent toxins from entering Matadero Creek including secondary containment of gas cans in buckets, and secondary containment of stationary equipment that could leak oil such as generators. No equipment will be staged or stored within 150 feet of Matadero Creek. MM#6 (Biological Resources/BIO-5)Prior to the start of The applicant shall be responsible for the Town of Prior to construction,a qualified biologist shall conduct implementation of this mitigation measure, Los Altos initiation of surveys of the grassland habitat on the site to subject to monitoring by the Town of Los Hills constructio identify any potential American badger Altos Hills. n activities burrows/dens.These surveys shall be conducted not more than 15 days prior to the start of construction.If an American badger burrow/den • EMC PLANNING GROUP INC. STIRLING SUBDIVISION MITIGATED NEGATIVE DECLARATION Verification Permit Compliance or Monitoring Actions to be performed. Responsible Mitigation Conditions of Approval and/or Mitigation Measures of Cond. Where applicable,a certified professional is Party for Timing Number Number and Responsible Land Use Department required for action to be accepted. Compliance Compliance (name/date) is found during the surveys,coordination with the CDFW shall be undertaken in order to develop a suitable strategy to avoid impacts to the burrow/den. With CDFW approval,impacts to active American badger dens should be avoided by establishing exclusion zones around all active badger dens,within which construction related activities shall be prohibited until denning activities are complete or the den is abandoned. A qualified biologist shall monitor each den once per week in order to track the status of the den and to determine when a den area has been cleared for construction. MM#7 (Biological Resources/BIO-6)Pre-construction The applicant shall be responsible for the Town of Prior to surveys for active bat roosting sites shall be implementation of this mitigation measure, Los Altos initiation of conducted for buildings and trees that could subject to monitoring by the Town of Los Hills constructio support bats and are within 200 feet of the Altos Hills. n activities project impact area.If evidence of roosting bats is observed,a no-disturbance buffer of 250 feet shall be established during the bat breeding season(April 15 through August 15).No removal of trees showing evidence of roosting bats shall occur during the bat breeding season without prior concurrence from the CDFW. EMC PLANNING GROUP INC. MITIGATION MONITORING REPORTING PROGRAM Permit Compliance or Monitoring Actions to be performed. Responsible Verification Mitigation Conditions of Approval and/or Mitigation Measures of Cond. Where applicable,a certified professional is Party for Timing Number and Responsible Land Use Department Compliance Number required for action to be accepted. Compliance (name/date) Where tree removal is unavoidable during the bat breeding season,a qualified biologist shall determine the bat species in residence,and the CDFW shall be consulted to determine the appropriate avoidance and minimization measures. If evidence of nesting bats is not found,mature trees removed due to project implementation shall be removed in two stages:stage one will include removal of tree limbs,and stage two will include removal of the main trunk on a subsequent day.This will allow any potentially present,day-roosting bats the opportunity to relocate.If bat roosts are encountered during tree removal,a bat specialist shall be hired to assist in any relocation efforts.The applicant shall submit a report to the Town of Los Altos Hills documenting that trees were properly removed,whether any bat roosts were encountered,and what measures were taken if bat roosts were encountered. MM#8 (Biological Resources/BIO-7) If the bed or banks The applicant shall be responsible for the Town of. Prior to of the creek or riparian trees/habitats will be implementation of this mitigation measure, Los Altos initiation of impacted by installation of the pedestrian foot- subject to monitoring by the Town of Los Hills . constructio bridge,the applicant shall retain a qualified Altos Hills. n activities biologist/wetland regulatory specialist to associated evaluate the impacts of this project feature.This with the EMC PLANNING GROUP INC. STIRLING SUBDIVISION MITIGATED NEGATIVE DECLARATION Permit Compliance or Monitoring Actions to be performed. Responsible Verification Mitigation Conditions of Approval and/or Mitigation Measures of Cond. Where applicable,a certified professional is Party for Timing Number Number and Responsible Land Use Department required for action to be accepted. Compliance Compliance (name/date) consultant shall prepare a preliminary proposed jurisdictional assessment to document proposed footbridge impacts to the waterway and riparian habitat that are potentially under the jurisdiction of the USACE,CDFW,RWQCB,and/or Santa Clara Valley Water District.If the drainage feature is not determined to be jurisdictional by any of the agencies,no further action is necessary. If the waterway is found to be potentially jurisdictional,the applicant shall initiate the appropriate permitting process with each agency claiming jurisdiction prior to obtaining grading permits.This may include retaining a qualified biologist/wetland regulatory specialist to conduct a jurisdictional wetland/waterway delineation to quantify proposed project impacts to jurisdictional waters and submitting the delineation report to the USACE for verification. If jurisdictional feature impacts will occur, approval of a Section 404 permit from the USACE and/or a Section 401 or General Waste Discharge Requirements permit from the RWQCB may be required.If the CDFW takes jurisdiction,a Streambed Alteration Agreement will be required.Project approval by the Santa Clara Valley Water District may also be necessary.Compensatory mitigation may be EMC PLANNING GROUP INC. MITIGATION MONITORING REPORTING PROGRAM Permit Compliance or Monitoring Actions to be performed. Responsible Verification Cond. Mitigation Conditions of Approval and/or Mitigation Measures of Where applicable,a certified professional is Party for Timing Number Number and Responsible Land Use Department required for action to be accepted. Compliance Compliance (name/date) required by the permitting process(es). MM#9 (Biological Resources/BIO-8)The project The applicant shall be responsible for the Town of Prior to applicant shall prepare and implement a tree implementation of this mitigation measure, Los Altos issuance of replacement plan pursuant to municipal code subject to monitoring by the Town of Los Hills the first Title 12,Article 3 for all Heritage Oaks to be Altos:Hills. residential removed as a result of project implementation. unit The plan shall be subject to review and approval building of the Town,and shall be implemented as a permit subdivision improvement.For all Heritage Oaks to be retained the project applicant shall fully implement the protection.methodology for tree preservation contained in the HortScience 2014 revised project arborist report. MM#10 (Cultural Resources/CR-1) If buried cultural The project applicant shall be responsible for Town of During resources are discovered during ground- the implementation of this mitigation Los Altos constructio disturbing activities,work will stop within a measure,subject to monitoring by the Town Hills n activities 100-foot radius of the find until a qualified of Los Altos Hills. archaeologist can assess the significance of the find and,if necessary,develop a Response Plan, with appropriate treatment measures,in consultation with the Town,the State Historic Preservation Officer,and other appropriate agencies.Preservation in place shall be the preferred treatment method per CEQA Guidelines section 15126.4(b) (avoidance,.open EMC PLANNING GROUP INC. STIRLING SUBDIVISION MITIGATED NEGATIVE DECLARATION Permit Compliance or Monitoring Actions to be performed. Responsible Verification Mitigation Conditions of Approval and/or Mitigation Measures of Cond. Where applicable,a certified professional is Party for Timing Number and Responsible Land Use Department Compliance Number required for action to be accepted. Compliance (name/date) space,capping,or easement).Data recovery of important information about the resource, research,or other actions determined during consultation,is allowed if it is the only feasible treatment method.This mitigation language shall be included in all contractor work specifications related to ground disturbing activities conducted within the project site. MM#11 (Cultural Resources/CR-2) If human skeletal The project applicant shall be responsible for Town of During remains are encountered,ground disturbing the implementation of this mitigation Los Altos constructio activities within a 100-foot radius of the measure,subject to monitoring by the Town Hills n activities discovery shall be terminated.The County of Los Altos Hills. Coroner must be contacted immediately and is required to examine the discovery within 48 hours.If the County Coroner determines that the remains are Native American,the Coroner is required to contact the Native American Heritage Commission within 24 hours.A qualified archaeologist should also be contacted immediately.The Coroner is required to notify and seek out a treatment recommendation of the Native American Heritage Commission- designated Most Likely Descendant. • If the Native American Heritage Commission. identifies a Most Likely Descendant,and the EMC PLANNING GROUP INC. MITIGATION MONITORING REPORTING PROGRAM Permit Compliance or Monitoring Actions to be performed. Responsible Verification Mitigation Conditions of Approval and/or Mitigation Measures of Cond. Where applicable,a certified professional is Party for Timing Number Number and Responsible Land Use Department required for action to be accepted. Compliance Compliance (name/date) Most Likely Descendant makes a recommendation,and the landowner accepts the recommendation,then ground-disturbing activities may resume after the qualified cultural resources consultant verifies and notices the Town that the recommendations have been completed. • If the Native American Heritage Commission is unable to identify the Most Likely Descendant,or the Most Likely Descendant makes no recommendation,or the landowner rejects the recommendation,and mediation per Public Resources Code 5094.98(k)fails,then ground disturbing activities may resume,but only after the cultural resources consultant verifies and notices the Town that the landowner has completely reinterred the human remains and items associated with Native American burials with appropriate dignity on the property,and ensures no further disturbance'of the site per PRC 5097.98(e)by county recording,open space designation,or a conservation easement. If the coroner determines that no investigation of the cause of death is required and that the human remains are not Native American,then ground-disturbing activities may resume,after the Coroner informs the Town of such EMC PLANNING GROUP INC. STIRLING SUBDIVISION MITIGATED NEGATIVE DECLARATION Verification Permit Compliance or Monitoring Actions to be performed. Responsible Mitigation Conditions of Approval and/or Mitigation Measures of Cond. Where applicable,a certified professional is Party for Timing Number Number and Responsible Land Use Department required for action to be accepted. Compliance Compliance (name/date) determination.According to state law,six or more human burials at one location constitute a cemetery and disturbance of Native American cemeteries is a felony. MM#12 (Hazardous Materials/HAZ-1)The project The project applicant shall be responsible for Town of Prior to applicant shall retain a qualified contractor to the implementation of this mitigation Los Altos demolition conduct a visual inspection/pre-demolition measure,subject to monitoring by the Town Hills of on-site survey,and possible sampling,prior to the of Los Altos Hills. residences demolition of the on-site residences to determine the presence of asbestos-containing materials and/or lead-based paint.All potentially friable asbestos-containing materials, if present,shall be removed in accordance with • National Emissions Standards for Hazardous Air Pollutants guidelines prior to building demolition or renovation that may disturb the materials.All demolition activities will be undertaken in accordance with Cal/OSHA standards,contained in Title 8 of the California Code of Regulations,Section 1529.Materials containing more than one percent asbestos are also subject to air district regulations contained in air district Regulation 11,Rule 2. During demolition activities,all building materials containing lead-based paint shall be removed in accordance with Cal/OSHA Lead in Construction Standard,Title 8,California Code of EMC PLANNING GROUP INC. MITIGATION MONITORING REPORTING PROGRAM Permit Compliance or Monitoring Actions to be performed. Responsible Verification Mitigation Conditions of Approval and/or Mitigation Measures of Cond. Where applicable,a certified professional is Party for Timing Number Number and Responsible Land Use Department required for action to be accepted. Compliance Compliance (name/date) Regulations 1532.1,including employees training,employee air monitoring and dust control. Any debris or soil containing lead-based paint or coatings will be disposed of at landfills that meet acceptance criteria for the waste being disposed. EMC PLANNING GROUP INC.