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Attachment to Resolution 1 CEQA Mitigation Monitoring Plan 1715 Elm Street INTRODUCTION The California Environmental Quality Act (CEQA) requires review of any project that could have significant adverse effects on the environment. In 1988, CEQA was amended to require reporting on and monitoring of mitigation measures adopted as part of the environmental review process. This Mitigation Monitoring and Reporting Program (MMRP) is designed to aid the City of El Cerrito in its implementation and monitoring of measures included in the Initial Study prepared for the proposed project located at 1715 Elm Street. MITIGATION MEASURES The MMRP describes the actions that must take place to implement each mitigation measure, the timing of those actions, and the entities responsible for monitoring the actions. MMRP COMPONENTS The components of each monitoring form are addressed briefly, below. Mitigation Measure: All mitigation measures that were identified in the 1715 Elm Street Initial Study are presented and numbered accordingly. Timing/Implementation: Each action must take place prior to the time at which a threshold could be exceeded. Implementation of the action must occur prior to or during some part of approval, project design or construction or on an ongoing basis. The timing for each measure is identified. Within the City of El Cerrito, the responsibility for implementation of the measures would lie with the Planning and Building Division. Enforcement/Monitoring Party: The City of El Cerrito is responsible for ensuring that mitigation measures are successfully implemented. Air Quality Mitigations AQ-1 To adequately control dust, the project applicant shall ensure construction contracts contain requirements for implementing the BAAQMD’s basic construction mitigation measures from Table 8-1 of the BAAQMD’s CEQA Guidelines. Construction contracts shall also contain the following measures in order to reduce the emissions of toxic pollutants generated by heavy-duty diesel powered equipment during construction. 1. Keep all construction equipment in proper tune in accordance with manufacturers’ specifications. 2. Use late-model heavy-duty diesel-powered equipment during construction to the extent that it is readily available in the San Francisco Bay Area. 3. Use diesel-powered equipment that has been retrofitted with after-treatment products engine to the extent that it is readily available in the ---PAGE BREAK--- Attachment to Resolution 2 San Francisco Bay Area. 4. Use low-emission diesel fuel for all heavy-duty diesel-powered equipment operating and refueling at construction sites to the extent that it is readily available and cost effective in the San Francisco Bay Area. (This requirement does not apply to diesel-powered trucks traveling to and from the site.) 5. Utilize alternative-fuel construction equipment compressed natural gas, liquid petroleum gas, and unleaded gasoline) to the extent that the equipment is readily available and cost effective in the San Francisco Bay Area. 6. Limit truck and equipment idling time to 5 minutes or less. 7. Rely on the electricity infrastructure surrounding the construction site rather than electrical generators powered by internal combustion engines to the extent feasible. Timing/Implementation: Prior to construction Enforcement/Monitoring: City of El Cerrito Planning Division Biological Mitigations BIO-1 Survey for Migratory Birds. If clearing and/or construction activities will occur during the migratory bird nesting season (April 15–August 15), preconstruction surveys for nesting migratory birds shall be conducted by a qualified biologist, up to 14 days before initiation of construction activities. The qualified biologist shall survey the construction zone and a 250-foot radius surrounding the construction zone to determine whether the activities taking place have the potential to disturb or otherwise harm nesting birds. If active nest(s) are identified during the preconstruction survey, a qualified biologist shall monitor the nest to determine when the young have fledged. monitoring reports, documenting nest status, shall be submitted to the City Planning Division until the nest(s) is deemed inactive. The biological monitor shall have the authority to cease construction if there is any sign of distress to a raptor or migratory bird. Reference to this requirement and to the Migratory Bird Treaty Act shall be included in the construction specifications. Timing/Implementation: Prior to construction Enforcement/Monitoring: City of El Cerrito Planning Division BIO-2 Survey for Active Raptor Nests. If construction activities will occur during the nesting season for raptors (January 15–August 15), all suitable raptor nesting habitat within 0.5 mile of the impacted area shall be surveyed for active raptor nests before construction activity commences. If an active raptor nest is located within 0.5 mile of the construction site, a no-activity buffer shall be erected around the nest while the nest is active to protect the nesting raptors. This buffer distance may be amended to account for nests that are not within the line of sight of the construction activity. Timing/Implementation: Prior to construction Enforcement/Monitoring: City of El Cerrito Planning Division BIO-3 Conduct Surveys for Bird Nests in Structures. If demolition of on-site structures is proposed to take place during the migratory bird nesting season (April 15–August 15), a survey for nesting migratory birds swallows, phoebes) shall be conducted by a qualified biologist prior to demolition. If bird nests are discovered in the structure, the structure shall not be removed until the nest(s) become inactive. Timing/Implementation: Prior to demolition Enforcement/Monitoring: City of El Cerrito Planning Division ---PAGE BREAK--- Attachment to Resolution 3 BIO-4 Conduct Surveys for Potential Bat Roosts. Demolition of on-site structures shall be preceded by a survey for bat presence. Structures being used by bats will not be removed until it has been determined that bats are no longer using the site or until demolition can be carried out without harming any bats. Timing/Implementation: Prior to demolition Enforcement/Monitoring: City of El Cerrito Planning Division BIO-5 Mitigate for Loss of Waters of the United States. If the US Army Corps of Engineers identifies that the feature is jurisdictional, the project applicant shall ensure that the project will result in no net loss of waters of the United States by providing mitigation through impact avoidance, impact minimization, and/or compensatory mitigation for the impact, as determined in the CWA Section 404/401 permits and/or 1602 Streambed Alteration Agreement. Timing/Implementation: Prior to construction Enforcement/Monitoring: City of El Cerrito Planning Division Cultural Resource Mitigations CULT-1 Prior to any alterations of structures on the project site, the project applicant shall complete Historic American Building Survey (HABS) level documentation. Prior to occupancy of any structure on the project site, the applicant shall complete façade restoration, and salvage and reuse building materials and landscape features, as discussed below. a) The project applicant shall document the affected historical resource and its setting, in accordance with HABS. The intent is to preserve an accurate record of historic property that can be used in research and other preservation activities. To serve these purposes, the documentation must include information that permits assessment of its reliability. Generally, this includes: Drawings: Select existing drawings, where available, should be photographed with large-format negatives or photographically reproduced on Mylar. Photographs: Photographs with large-format negatives of exterior and interior views, or historic views, where available. Written data: History and description in narrative or outline format. HABS material standards regarding reproducibility, durability, and size shall be met. Copies of the photographs and report shall be presented to repositories that are invested in archiving the history of El Cerrito. b) Restore the building façade, including windows, the historic wood trim around the doors and windows on the primary façade, and the door in the main entrance, as determined by documentation by either physical and/or documentary evidence to the extent documentation is available. If physical evidence is inconclusive or historic photographs are not available, comparable, intact properties built during the same period as the Rodoni house may be used to inform the appearance of the façade. Timing/Implementation: Prior to construction or demolition activities Enforcement/Monitoring: City of El Cerrito Planning Division CULT-2 In the event any archeological resources are encountered during construction, work within 100 feet of the find shall cease and a qualified paleontologist shall be contacted by the project applicant to determine whether the resource is significant. If the find is determined to be of significance, an excavation plan shall be created and resources shall be donated to an appropriate cultural center. All work products and plans shall be reviewed and approved by the City prior to execution. Timing/Implementation: During construction ---PAGE BREAK--- Attachment to Resolution 4 Enforcement/Monitoring: City of El Cerrito Planning Division CULT-3 In the event paleontological resources are encountered during construction, the construction manager shall cease operation at the site of the discovery and immediately notify the City of El Cerrito Environmental & Development Services Department. The project applicant shall retain a qualified paleontologist to provide an evaluation of the find and to prescribe mitigation measures to reduce impacts to a less than significant level. In considering any suggested mitigation proposed by the consulting paleontologist, the City of El Cerrito Environmental & Development Services Department shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, and other considerations. If avoidance is unnecessary or infeasible, other appropriate measures data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation for paleontological resources is carried out. Timing/Implementation: During construction Enforcement/Monitoring: City of El Cerrito Planning Division CULT-4 If human remains are encountered during project construction, work within 100 feet of the remains shall be suspended immediately, and the City of El Cerrito Environmental & Development Services Department and the Contra Costa County Coroner shall be immediately notified. If the remains are determined by the County Coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours. A professional archaeologist with Native American burial experience shall conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains. The City of El Cerrito Environmental & Development Services Department will be responsible for the approval of recommended mitigation, taking account of the provisions of state law, as set forth in CEQA Guidelines Section 15064.5(e) and Public Resources Code Section 5097.98. The project applicant shall implement the approved mitigation, to be verified by the City of El Cerrito Environmental & Development Services Department, before the resumption of activities at the site where the remains were discovered. Timing/Implementation: During construction Enforcement/Monitoring: City of El Cerrito Planning Division GHG-1 Prior to issuance of grading or building permits, the project applicant shall specify on the final project plans implementation of BAAQMD-recommended construction-related measures to reduce GHG emissions during construction activities. These measures include, as feasible: 1. Use alternative-fueled biodiesel, electric) construction vehicles and equipment to the maximum extent possible. 2. Use local construction materials (within 100 miles) to the maximum extent possible. 3. Recycle construction waste and demolition materials to the maximum extent possible. Timing/Implementation: Prior to grading permits Enforcement/Monitoring: City of El Cerrito Planning Division