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HomeMy WebLinkAboutCity Council Resolution 25-026, HFV CUPResolution 25-026 Page 20 House Family Vineyard AECOM Mitigation Monitoring and Reporting Program Prepared for City of Saratoga 20 Mitigation Monitoring and Reporting Program Where a CEQA document has identified significant environmental effects, Public Resources Code Section 21081.6 requires public agencies to adopt a “reporting or monitoring program for the changes to the project which it has adopted or made a condition of a project approval to mitigate or avoid significant effects on the environment.” A public agency is required to ensure that the measures are fully enforceable, through permit conditions, agreements, or other means (Public Resources Code Section 21081.6(b)). A Mitigation Monitoring and Reporting Program (MMRP) must be designed to ensure project compliance with mitigation measures during project implementation. The City of Saratoga is the lead agency that must adopt an MMRP for development of the proposed project – the House Family Vineyard project. This MMRP has been prepared to provide for the monitoring of mitigation measures required of the proposed project, as set forth in the Final EIR. This MMRP addresses those measures in terms of how and when they will be implemented. This MMRP identifies the individual mitigation measures included in the Final EIR and is presented in Table 1. Key features of the tables are briefly described below: • Monitoring and Reporting Action identifies the outcome from implementation of mitigation measures. • Implementation Timeframe provides the general schedule for conducting each mitigation task. • Implementation Responsibility identifies the person/group responsible for implementation of the mitigation measure. • Implementation Oversight assigns the responsibility for verifying compliance with each mitigation measure and reporting task. • Verification of Compliance documents the person who verified implementation of the mitigation measure and the date on which this verification occurred. Resolution 25-026 Page 21 House Family Vineyard AECOM Mitigation Monitoring and Reporting Program Prepared for City of Saratoga 21 Page left blank to facilitate double-sided printing. Resolution 25-026 Page 22 House Family Vineyard AECOM Mitigation Monitoring and Reporting Program Prepared for City of Saratoga 22 Table 1: Mitigation Measures Applicable to the Proposed Project Mitigation Measure Mitigation and Reporting Action Implementation Timeframe Implementation Responsibility Implementation Oversight Verification of Compliance MM-AIR-1: Implement Fugitive Dust Reduction Measures During Construction The construction contractor shall comply with the following Bay Area Air Quality Management District (BAAQMD) BMPs for reducing construction emissions of uncontrolled fugitive dust (PM10 and PM2.5): • All exposed surfaces (e.g., parking areas, staging areas, soil piles, stockpiles, graded areas, and unpaved access roads) shall be watered twice daily, or as often as needed, treated with non-toxic soil stabilizers, or covered to control dust emissions. Watering should be sufficient to prevent airborne dust from the leaving the site. • All haul trucks transporting soil, sand, or other loose material off site shall be covered. • All visible mud or dirt track-out onto adjacent public roads and paved access roads shall be removed using wet power (with reclaimed water, if possible) vacuum street sweepers at least once per day, or as often as needed. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. • 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. • Idling times shall be minimized either by shutting equipment off when not in use or by reducing the maximum idling time to 5 minutes (as required by California airborne toxics control measure Title 13 CCR Section 2485). Clear signage shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • A publicly visible sign shall be posted with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours. BAAQMD’s phone number also shall be visible to ensure compliance with applicable regulations. The applicant shall include these measures in the project construction plans and/or specifications and shall provide verification of compliance to the City annually, or upon request. Include required measures in construction plans and/or specifications Prior to execution of construction contract(s) between the applicant and their construction contractor(s) Project Applicant City of Saratoga Community Development Department Name: ________ Date: _________ Maintain complaint records and corrective actions taken Throughout duration of construction Project Applicant and construction contractors City of Saratoga Community Development Department Name: ________ Date: _________ Maintain site inspection records demonstrating compliance Throughout duration of construction Project Applicant and construction contractors City of Saratoga Community Development Department Name: ________ Date: _________ MM-BIO-1: Pre-construction Botanical Survey A qualified botanist (retained by the project applicant or their contractor) shall conduct a focused preconstruction survey for western leatherwood during the blooming period (January-March) for the species prior to any construction or ground-disturbing activities associated with the project. If the species is not identified within the limits of construction, the applicant shall submit the botanist’s survey results to the City at least 10 days prior to construction or ground- disturbing activities and no further mitigation is required. In the event that the species is identified within the limits of construction, the applicant shall submit the botanist’s survey results to the City at least 10 days prior to beginning any construction or ground-disturbing activities and all recommendations in the botanists survey and report shall be implemented. The qualified botanist shall establish and clearly mark a five-foot buffer around each plant(s) using environmentally sensitive area (ESA) fencing prior to the start of construction. Within the buffer(s), no vegetation removal, ground disturbance, or project construction activity (including the use of machinery or vehicles) shall be allowed. In either event, pre-construction surveys should be undertaken within two years of submittal to the City. If activities within the buffer(s) or other impacts to the plant(s) cannot be avoided, then the project applicant shall contact CDFW to obtain guidance on a possible relocation of the plant(s) and measures to maintain the plant(s) survival. Potential relocation of the plant(s) to avoid impacts would depend on several factors, including the health, size and root system of the plant(s). If relocation can be performed in accordance with CDFW guidance, then the qualified botanist shall oversee any such relocation activities and shall submit a memorandum to the City documenting that the relocation followed the CDFW guidance at least 10 days prior to commencement of any construction or ground-disturbing activities within the five-foot buffer. If relocation cannot be performed in accordance with CDFW guidance, then plants shall be protected in place until alternative avoidance and/or mitigation measures are agreed with CDFW and the City. Retain qualified botanist and complete preconstruction survey January to March prior to construction or ground disturbing activities Project Applicant and qualified botanist City of Saratoga Community Development Department Name: ________ Date: _________ Submit survey results. Establish buffers (if required) At least 10 days prior to construction activities and no more than 2 years after survey(s) Project Applicant and qualified botanist City of Saratoga Community Development Department Name: ________ Date: _________ Maintain records showing compliance with requirements Throughout duration of construction Project Applicant and qualified botanist City of Saratoga Community Development Department Name: ________ Date: _________ MM-BIO-2: Pre-construction/Pre-disturbance Surveys for Nesting Birds To the extent practicable, construction activities and any tree trimming/removal shall be performed from September 16 through February 15 to avoid the general nesting period for birds. If construction or tree trimming/removal cannot be performed during this period, nesting bird surveys and active nest buffers (as deemed necessary by a qualified biologist) shall be implemented as follows: • Nesting Bird Surveys: If project-related work is scheduled during the nesting season (typically February 15 to August 30 for small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), a qualified biologist shall conduct two surveys for active nests of such birds within 14 days prior to the beginning of Project construction, with the final survey conducted within 48 hours prior to construction. Appropriate minimum survey radii surrounding the work area shall be determined by the qualified biologist but should be at least: i) 50 feet for passerines and ii) 300 feet for raptors. Surveys shall be conducted at the appropriate times of day and during appropriate nesting times, as determined by the qualified biologist. Complete survey and submit results. Establish buffers (if required). Prior to construction activities within specified nesting seasons Project Applicant and qualified biologist City of Saratoga Community Development Department Name: ________ Date: _________ Complete monitoring and maintain monitoring records (if required). Throughout duration of construction within applicable nesting season(s) Project Applicant and qualified biologist City of Saratoga Community Development Department Name: ________ Date: _________ Submit USFWS permit (if required) Prior to construction within active nest buffer (if required) Project Applicant and qualified biologist City of Saratoga Community Development Department Name: ________ Date: _________ Resolution 25-026 Page 23 House Family Vineyard AECOM Mitigation Monitoring and Reporting Program Prepared for City of Saratoga 23 Mitigation Measure Mitigation and Reporting Action Implementation Timeframe Implementation Responsibility Implementation Oversight Verification of Compliance • Active Nest Buffers: If the qualified biologist documents active nests within the survey area, an appropriate buffer between the nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of the nest to characterize “normal” bird behavior and establish a buffer distance which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and shall increase the buffer if the birds show signs of unusual or distressed behavior (e.g., defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active. Construction shall only be allowed to impact a migratory bird or its nest, including its young, if a permit from USFWS is obtained in accordance with the MTBA and all permit conditions are adhered to. Maintain records showing compliance with requirements Throughout duration of construction Project Applicant City of Saratoga Community Development Department Name: ________ Date: _________ MM BIO-3: Environmental Awareness Training Before the start of project ground-disturbing activities, the project applicant or its contractor shall retain a qualified biologist to prepare and implement an Environmental Awareness Training session for people employed on the project (project personnel). All project personnel must attend the training prior to entering the project work area. Training materials shall include the following: discussion of the federal Endangered Species Act (federal ESA), the California Endangered Species Act (CESA), the Migratory Bird Treaty Act (MBTA), and the Clean Water Act (CWA); the consequences and penalties for violation or noncompliance with these laws and regulations and project permits; identification and value of special-status plants, special-status wildlife, and jurisdictional waters and explanations about their value; hazardous substance spill prevention and containment measures; the contact person in the event of the discovery of a dead or injured wildlife species; and review of mitigation measures, permit conditions, and any other required environmental compliance measures. In the training, project timing in relation to species’ habitat and species’ life-stage requirements shall be detailed and discussed, and a site plan shall be created showing areas of the construction site where minimization and avoidance measures must be undertaken. A fact sheet conveying this information will be prepared by the qualified biologist or designee for distribution to project personnel and to others who enter the project area. After completion of the Environmental Awareness Training, project personnel will sign a form stating that they attended the training, understood the information presented, and will comply with the training requirements. This training may be combined with other environmental training for the project, such as cultural resource training, and may be provided virtually or via recording. In the event that non-English-speaking crew members are employed during the Project, an interpreter will be present during the environmental training, or training materials will be supplied in an alternative language. Retain qualified biologist Prior to start of ground disturbing activities Project Applicant City of Saratoga Community Development Department Name: ________ Date: _________ Prepare and implement required training Prior to start of ground disturbing activities Project Applicant, qualified biologist, and construction contractor City of Saratoga Community Development Department Name: ________ Date: _________ Maintain training records for all construction site personnel. Prior to and throughout construction Project Applicant and construction contractor City of Saratoga Community Development Department Name: ________ Date: _________ MM BIO-4: Season Limitation All construction activity consisting of new ground disturbance in potential special status amphibian habitat areas (e.g. coast live oak woodland, chamise-sage chapparal and California annual grassland) shall be timed to occur during the dry season (April 15 to October 15), or aestivation period to minimize take of dispersing frogs and salamanders. Areas subject to this seasonal limitation shall be marked on the site plan created under MM-BIO-3. Mark areas subject to seasonal limitations on site plan. Prior to construction Project Applicant, qualified biologist, and construction contractor City of Saratoga Community Development Department Name: ________ Date: _________ Maintain records showing compliance with seasonal restrictions. Throughout construction Project Applicant and construction contractor City of Saratoga Community Development Department Name: ________ Date: _________ MM BIO 5: Pre-Construction Survey Within 24 hours prior to initial ground-disturbing activities, construction sites with potential habitat for California red-legged frog, Santa Cruz black salamander or western pond turtle (as determined by a qualified biologist) shall be surveyed by a qualified biologist, to identify any of these species moving above-ground, or taking refuge in burrow openings or under materials that could provide cover such as boards, scrap metal, woody debris, or other materials. Within 24 hours of the survey being conducted, and prior to commencement of ground-disturbing activities, survey results shall be communicated by email to the City. If none of the above-listed species are encountered, no further action is required following submission of the survey results. If any of the above-listed species are identified, the measures detailed in MM BIO-7 shall be implemented. Complete preconstruction survey(s) Within 24 hours prior to initial ground disturbing activities Project Applicant, qualified biologist, and construction contractor City of Saratoga Community Development Department Name: ________ Date: _________ Submit results. Implement measures in MM-BIO-7 (if required) Within 24 hours after survey and prior to start of ground disturbing activities Project Applicant, qualified biologist, and construction contractor City of Saratoga Community Development Department Name: ________ Date: _________ MM BIO-6: Construction Monitoring A qualified biologist will be present onsite to monitor the removal of vegetation and the top 12 inches of topsoil at all project areas. The qualified biologist will inspect the area of proposed ground disturbance just before it is disturbed working in close coordination with work crews. The qualified biologist shall have the authority to stop any work should a special status species be discovered during work. A qualified biologist shall be on-call and available by phone during all other construction activities that may result in impacts to special status amphibian and reptile species. Retain qualified biologist. Prior to and throughout construction Project Applicant City of Saratoga Community Development Department Name: ________ Date: _________ Maintain construction monitoring records. Throughout construction Project Applicant, qualified biologist, and construction contractor City of Saratoga Community Development Department Name: ________ Date: _________ MM BIO-7: Encounters If individual special status animals (i.e. western pond turtles, California red-legged frogs or Santa Cruz black salamanders), or suspected special status animals are observed, work within 100 feet of that location will be temporarily halted and the qualified biologist shall inspect the animal. Based on the professional judgment of the qualified biologist, if project activities can be conducted without harming or injuring the special status animal, the individual(s) shall be left at the location of discovery and monitored by the qualified biologist. All project personnel shall be notified of the finding and at no time shall work occur within a 100-foot radius of the listed species without a biological monitor present. If in the professional judgement of the qualified biologist the animal would need to be relocated, the appropriate relocation action would be taken by the qualified biologist while work is halted. Qualified biologists shall have handling permits, if required, for the species of animal that is being relocated. The animal shall be captured by hand, or dipnet, transported by hand, dipnet or temporary holding container, and released as soon as practicable the same day of capture. Handling of the special status Maintain records documenting compliance. Throughout construction, if special status species observed Project Applicant, qualified biologist, and construction contractor City of Saratoga Community Development Department Name: ________ Date: _________ Resolution 25-026 Page 24 House Family Vineyard AECOM Mitigation Monitoring and Reporting Program Prepared for City of Saratoga 24 Mitigation Measure Mitigation and Reporting Action Implementation Timeframe Implementation Responsibility Implementation Oversight Verification of Compliance animals shall be minimized to the maximum extent practicable. Holding/transporting containers and dipnets shall be thoroughly cleaned and disinfected prior to transporting to the action area and shall be rinsed with freshwater onsite immediately prior to usage. MM-BIO-8: San Francisco Dusky Footed Woodrat Surveys A qualified biologist (retained by the project applicant or their contractor) will conduct surveys for San Francisco dusky footed woodrat nests and signs of current woodrat activity/inactivity (e.g., presence of fresh scat, freshly chewed vegetation, cobwebs covering nest entrances) within 15 days prior to construction. Survey results shall be submitted to the City at least 10 days prior to commencement of construction activities. If no nests are found, no additional mitigation for woodrats is required and construction may commence. If nests are found, the qualified biologist will establish and clearly mark (with ESA fencing) a 10-foot buffer in which no vegetation removal, ground disturbance, or project construction activity shall occur. If such activities cannot feasibly be avoided within the buffer zones of detected dens, work within the buffer may only commence after a qualified biologist has in the case of an inactive den, relocated the den; and in the case of an active den, submitted and received approval from CDFW for a San Francisco dusky footed woodrat den relocation plan that is subsequently implemented. Complete preconstruction survey(s) Within 15 days prior to commencement of construction activities Project Applicant, qualified biologist, and construction contractor City of Saratoga Community Development Department Name: ________ Date: _________ Submit results. Establish buffers (if required). Within 10 days prior to commencement of construction activities Project Applicant, qualified biologist, and construction contractor City of Saratoga Community Development Department Name: ________ Date: _________ Maintain records documenting compliance. Throughout construction Project Applicant, qualified biologist, and construction contractor City of Saratoga Community Development Department Name: ________ Date: _________ MM-BIO-9: Tree Preservation Plan The Applicant shall prepare a Tree Preservation Plan in accordance with City Code 15-50.140 and submit it to the City’s Community Development Director for approval prior to building or grading permit issuance. The Plan shall consist of a separate detailed plan drawn to a sufficient scale but no larger than twenty feet to the inch, with any details to be shown at least ten to the inch to clearly indicate all protection and mitigation measures to be taken as required by the Community Development Director and/or the Arborist Report for the project. The site-specific measures to be included in the plan must be at least as protective (as determined by the City Arborist) as the following: 1. Protection Fencing: Before any work commences, the protective fencing must be up and inspected by City Arborist. This fencing shall consist of a 6-foot cyclone fence with 8-foot steel posts driven 2-feet into the ground, spaced no more than 10 feet apart. A tree protection zone warning sign needs to be attached to the fence every 20 feet. 2. Water Line Boring: Change water line by boring rather than trenching. 3. Irrigation: Include supplemental irrigation for select trees that will be determined by the arborist. 4. Foliar Rinse: Dust that accumulates on tree foliage during earthmoving activities must be washed off. The timing for these rinsing procedures are on an as-needed basis and shall be decided by the project arborist. 5. Pruning and Repair: Any pruning or repair must be supervised by an International Society of Arboriculture (ISA)-certified arborist/Project Arborist. Tree #11 (tree located at edge of road on downhill side) requires pruning in order for the project to commence. The tree crown shall be raised to allow for truck clearances while protecting its aesthetic appeal, as prescribed by the project arborist. One co-dominant stem on a lower scaffolding limb could be removed all together. Furthermore, a root collar excavation and a retaining box shall be installed around the trunk on the roadside. 6. Tree Trunk Protection: Since tree #11 is right at the edge of the access road and very close to the building excavation, it will require trunk protection before construction begins. This shall be achieved by wrapping the trunk with orange snow fencing ten times; placement of a board around the entire circumference of the trunk (stand 8- foot by 4-foot upright); and securing the protective materials initially with duct tape, and then with either steel banding or thick wire. 7. Utility Trench/Main Access Road: All the utilities for the wine cellar will be· located in a single joint trench, traversing the center of the main access road. 8. Slope Restoration Behind Tasting Room: A Coast Live Oak (#21) is located near proposed work to restore the grade behind the tasting deck. Protection of this tree would require the following: a. The tree protection fencing must be in place and approved by the project arborist before any work commences. This fence shall remain in place until the project arborist approves its removal. b. The project arborist must be on site during the beginning of this grading operation. The initial work at the toe of the fill, where fill meets natural grade, needs to be keyed in requiring only a 1-foot cut on the slope outside the Timber Preserve Zone (TPZ). Once that has been established and compacted, constant monitoring by the arborist is not needed, but the arborist should remain on call if needed. c. Once the slope restoration is completed and inspected by an arborist, the protective fencing shall be removed and re-erected near the main road to ensure the restored slope area remains undisturbed. Prepare and submit Tree Preservation Plan Prior to building or grading permit issuance Project Applicant and their project arborist. City of Saratoga Community Development Department Name: ________ Date: _________ Implement Tree Preservation Plan and maintain records documenting compliance Throughout construction Project Applicant, their project arborist, and construction contractor City of Saratoga Community Development Department Name: ________ Date: _________ MM-CUL-1: Inadvertent Discovery Protocols In the event that precontact or historic-period archaeological resources (or suspected resources) are encountered during demolition, excavation and/or grading of the site, all activity within a 50-foot radius of the find shall be stopped, the City Planner or designee shall be notified, and a qualified archaeologist shall examine the find. Precontact archaeological materials/Tribal Cultural Resources might include obsidian and chert flaked-stone tools (e.g., projectile points, knives, scrapers) or toolmaking debris; culturally darkened soil (“midden”) containing heat-affected rocks, artifacts, or shellfish remains; and stone milling equipment (e.g., mortars, pestles, hand stones, or milling slabs); and/or battered stone tools, such as hammerstones. Historic period materials may include bottles, ceramics, cans, and other refuse; concentrations of bricks; or wells or privies. The qualified archaeologist will determine impacts, significance, and mitigation in consultation with recognized local Native American groups, if appropriate. In Provide notification regarding suspected resource(s), if encountered Immediately following discovery of suspected resource Project Applicant and qualified archaeologist City of Saratoga Community Development Department Name: ________ Date: _________ Maintain records showing construction personnel were Prior to and throughout construction Project Applicant and construction contractors City of Saratoga Community Development Department Name: ________ Date: _________ Resolution 25-026 Page 25 House Family Vineyard AECOM Mitigation Monitoring and Reporting Program Prepared for City of Saratoga 25 Mitigation Measure Mitigation and Reporting Action Implementation Timeframe Implementation Responsibility Implementation Oversight Verification of Compliance addition, prior to the commencement of project site preparation, all construction personnel will be informed of the potential to inadvertently uncover cultural resources and the procedures to follow subsequent to an inadvertent discovery of cultural resources. If the finds do not meet the definition of a historical or archaeological resource or a Tribal Cultural Resource (PRC 21074), no further study or protection is necessary prior to resuming project implementation. If the find(s) does meet the definition of a historical or archaeological resource or Tribal Cultural Resource, then it shall be avoided by project activities. If avoidance is not feasible, adverse effects to such resources shall be mitigated in accordance with the recommendations of the archaeologist. Recommendations could include collection, recordation, and analysis of any significant cultural materials. A report of findings documenting any data recovery shall be submitted to the City Planner. Should the discovery include human remains, all parties will comply with state and County regulations and guidelines regarding the treatment of human remains, including the California Health and Safety Code (Sections 7050.5, 7051, and 7054), which has specific provisions for the protection of human burial remains. These regulations are described in the regulatory framework of this section in more detail. Existing regulations address the illegality of interfering with human burial remains, and protects them from disturbance, vandalism, or destruction, and establishes procedures to be implemented if Native American skeletal remains are discovered. PRC Section 5097.98 also addresses the disposition of Native American burials, protects such remains, and designates the NAHC to resolve any related disputes. If human remains are uncovered during construction activities, compliance with California Health and Safety Sections 7050.5 and 7052 and California Public Resources Code Section 5097, require that ground-disturbing activities in the area of the remains shall be halted immediately, and the Santa Clara County Coroner shall be notified immediately. If the remains are determined by the coroner to be Native American, the NAHC shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. Following the coroner’s findings, the NAHC-designated Most Likely Descendant (MLD) and the landowner shall determine the ultimate treatment and disposition of the remains and take appropriate steps to ensure that additional human interments, if present, are not disturbed. Project personnel should not collect or move any cultural material. Fill soils that may be used for construction purposes should not contain archaeological materials. The applicant and its construction contractor shall provide reasonable access for tribal monitors to observe ground disturbing activities at the site during construction. If the tribal monitor identifies suspected tribal cultural resources, the protocols above shall be implemented. The project applicant shall include the above requirements within the construction plans and specifications. informed of inadvertent discovery procedures Maintain consultation records (if required Throughout consultation process (if applicable) Project Applicant City of Saratoga Community Development Department Name: ________ Date: _________ Submit report of findings (if required) Following data recovery (if applicable) Project Applicant, qualified archaeologist City of Saratoga Community Development Department Name: ________ Date: _________ Maintain records showing compliance with requirements Throughout construction Project Applicant, qualified archaeologist, and construction contractors City of Saratoga Community Development Department Name: ________ Date: _________ Include required measures in construction plans and specifications Prior to issuance of construction contract Project Applicant City of Saratoga Community Development Department Name: ________ Date: _________ MM-GEO-1: Additional Geotechnical Investigations A. Prior to issuance of geotechnical clearance or building permits for site grading, tasting deck, wine cave, or improvements to the existing dirt road, the project applicant and its Geotechnical Engineer of Record shall submit additional documentation to the City Engineer in the Public Works Department (City Engineer), including: i. Confirmation of the appropriate Site Class designation for the proposed project under the applicable version of the California Building Code (CBC) in effect at the time of permitting, with site-specific justification for the recommended Site Class designation in accordance with the requirements of the CBC, to the satisfaction of the City Engineer; ii. Calculations and/or other evidence demonstrating to the City’s Public Works Engineer satisfaction that the design of proposed buildings and structures (including the wine cave and proposed retaining walls) meet the required standards for the Site Class designation recommended in subsection A.i. of this measure and that recommendations of the previous site-specific geotechnical reports and peer review memorandums have been updated and incorporated into the project design, as appropriate, to the City Engineer’s satisfaction; iii. Results of a forensic evaluation of the existing tasting deck foundations or other evidence to the City Engineer’s satisfaction, confirming that the foundations meet the required standards for the Site Class designation recommended in subsection A.i. of this measure; iv. Evaluation of the seismic lateral pressures for retaining walls greater than 12 feet, if applicable, and confirmation that the design of all existing and proposed retaining walls meet the required standards for the Site Class designation recommended in subsection A.i. of this measure; B. If it cannot be demonstrated to the City Engineer’s satisfaction that the project design meets the requirements of the Site Class designation recommended in subsection A.i.of this measure, the project applicant and the Geotechnical Engineer of Record shall submit revised designs for the proposed buildings or structures (including retaining walls) and/or revised design or upgrades for the existing tasting deck foundations or other existing structures, along with calculations and/or other evidence demonstrating to the City Engineer’s satisfaction that the revised design meet the required standards and that previous geotechnical recommendations have been updated and incorporated into the final project design, as appropriate, to the City Engineer’s satisfaction. C. Prior to issuance of geotechnical clearance or building permits for site grading, tasting deck, wine cave, or improvements to the existing dirt road, the Geotechnical Engineer of Record shall review and approve all geotechnical aspects of the project building and grading plans (e.g., site preparation and grading including temporary grading designs and shoring for the proposed wine cave, site surface and subsurface drainage improvements including back- and/or sub-drains as applicable, and design parameters for roadways, engineered fill, site and structure retaining walls, and as-built foundations) to ensure that their recommendations (or updated recommendations, if appropriate) have been property incorporated into the design and to ensure that they are referenced as the Geotechnical Engineer of Record. Evidence of such review and approval shall be documented in a letter submitted to the City Engineer, to their satisfaction. Specific items to be provided and approved include, but are not limited to, the following: i. The items listed in subsection A. i-iii of this measure, above; Submit required additional documentation, revised designs and supporting evidence Prior to issuance of geotechnical clearance or building/grading permits for site grading, tasting deck, wine cave or road improvements Project Applicant and their Geotechnical Engineer of Record City of Saratoga Public Works Department (City Engineer) Name: ________ Date: _________ Maintain evidence of compliance with all conditions, requirements and recommendations Throughout construction Project Applicant and their Geotechnical Engineer of Record City of Saratoga Public Works Department (City Engineer) Name: ________ Date: _________ Resolution 25-026 Page 26 House Family Vineyard AECOM Mitigation Monitoring and Reporting Program Prepared for City of Saratoga 26 Mitigation Measure Mitigation and Reporting Action Implementation Timeframe Implementation Responsibility Implementation Oversight Verification of Compliance ii. Specific grading and drainage recommendations for the remedial grading work in the vicinity of the tasting deck (i.e., appropriate materials for fill, compaction requirements, keys and benches, appropriate bearing materials, maximum slopes, etc.), and in particular:  Mapping of existing fill materials in the vicinity of the restoration grading;  Evaluation and analysis of potential side-cast artificial fill and prior natural; slope configurations  Sections including an estimation of the natural slope. iii. Review of final design for the wine cave to confirm that previous recommendations regarding excavation, stem walls, foundations, concrete slabs-on-grade, retaining walls, and subsurface drains are adequately incorporated and/or updated as necessary; iv. Review of final proposed retaining wall heights, slope configurations (both site and those associated with the wine cave) and design; v. Review of final design for existing dirt road improvements to confirm that previous recommendations regarding vehicle setback, grading and drainage, subgrade and surface materials and compaction, and retaining walls are adequately incorporated and/or updated as necessary; D. Prior to issuance of geotechnical clearance or building permits for the proposed secondary access road, the project applicant and its Geotechnical Engineer of Record shall undertake a supplemental subsurface investigation to characterize the active shallow landslide identified in previous geotechnical investigations, in accordance with the recommendations of the Peer Review Memorandum by Cotton Shires and Associates, dated September 19, 2023. A supplemental report documenting the results of the supplemental investigation, including at a minimum: i. Additional geotechnical recommendations (or revisions to previous recommendations) to prevent roadway construction or operation from exacerbating the risk of landslide movement. ii. Additional geotechnical recommendations (or revisions to previous recommendations) to allow the design vehicle (a 75,000 pound emergency vehicle) to pass along the roadway with a minimum static safety factor of 1.25 (per Caltrans Geotechnical Design Manual 2014). E. The project applicant and the Geotechnical Engineer of Record shall submit final design plans for the secondary access road, along with calculations and/or other evidence demonstrating to the City Engineer’s satisfaction that the final roadway design incorporates all recommendations from the supplemental report required by subsection A of this measure, above. F. The project applicant and the Geotechnical Engineer of Record shall comply with the conditions of any building permits or geotechnical clearance permits, and any additional recommendations or requirements of the City Engineer, including but not limited to construction inspections and submittal of as-built documentation to confirm that all requirements and recommendations have been adequately implemented to the City Engineer’s satisfaction. G. The project applicant shall undertake annual maintenance and inspections of the existing dirt road and proposed secondary access road during the dry season of each year and shall submit evidence of the required maintenance and inspections to the City Engineer prior to October 1 of each year. If the required maintenance is not undertaken, or if required repairs are not undertaken in a reasonable timeframe (as determined by the City Engineer), project operations shall halt until such time as all outstanding requirements and repairs have been performed to the City Engineer’s satisfaction. Annual maintenance and inspection requirements include, but are not limited to, the following: i. Annual addition of maintenance layers of class II base rock with compaction. ii. Annual cleanout of culverts and catch basins, or more frequently if overflow occurs. iii. Annual inspection of hardscape features such as retaining walls and energy dissipators for signs of movement or damage. If movement or damage is identified during inspections, repairs and/or remedial actions shall be made to the City Engineer’s satisfaction. iv. Annual inspection of drainage crossings and dissipation structures for signs of erosion or slope instability. If signs of erosion or slope instability are identified during inspections, repairs and/or remedial actions shall be made to the City Engineer’s satisfaction. Submit required supplemental subsurface investigation, final design plans, calculations and supporting evidence Prior to issuance of geotechnical clearance or building/grading permits for secondary access road Project Applicant and their Geotechnical Engineer of Record City of Saratoga Public Works Department (City Engineer) Name: ________ Date: _________ Maintain records demonstrating compliance and submit as-built documentation Throughout and following construction Project Applicant and their Geotechnical Engineer of Record City of Saratoga Public Works Department (City Engineer) Name: ________ Date: _________ Submit evidence of annual road maintenance and inspection requirements Prior to October 1st each year (ongoing) Project Applicant and their Geotechnical Engineer of Record City of Saratoga Public Works Department (City Engineer) Name: ________ Date: _________ MM-GEO-2: Paleontological Resource Avoidance Measures Before the start of earthmoving activities, the project applicant shall require that all construction personnel involved with earthmoving activities be trained regarding the possibility of encountering fossils, the appearance and types of fossils likely to be seen during construction, and proper notification procedures if such fossils are encountered. This worker training shall be prepared and presented by an experienced field archaeologist and may be presented at the same time as construction worker education on cultural resources, or prepared and presented separately by a qualified paleontologist. If paleontological resources are discovered during earthmoving activities, all work within 50 feet of the find shall cease immediately, and the construction contractor shall notify the City of Saratoga Planning Division. The project applicant shall retain a qualified paleontologist to evaluate the resource and prepare a recovery plan, based on SVP guidelines (SVP 2010). The recovery plan may include a field survey, construction monitoring, sampling and data recovery procedures, museum curation for any specimen recovered, and a report of findings. Recommendations in the recovery plan that are determined by the City (as the CEQA lead agency) to be necessary and feasible shall be implemented before construction activities resume at the site where the paleontological resources were discovered. Maintain training records Prior to the start of ground-disturbing activities or new workers starting Project Applicant and construction contractors City of Saratoga Community Development Department Name: ________ Date: _________ Provide notification of suspected resource(s), if encountered Immediately following discovery of suspected resource Project Applicant and construction contractors City of Saratoga Community Development Department Name: ________ Date: _________ Retain qualified paleontologist (if required) Immediately following discovery of suspected resource Project Applicant City of Saratoga Community Development Department Name: ________ Date: _________ Submit and implement recovery plan (if required) Prior to construction resuming in area where resource found Project Applicant and qualified paleontologist. City of Saratoga Community Development Department Name: ________ Date: _________ Resolution 25-026 Page 27 House Family Vineyard AECOM Mitigation Monitoring and Reporting Program Prepared for City of Saratoga 27 Mitigation Measure Mitigation and Reporting Action Implementation Timeframe Implementation Responsibility Implementation Oversight Verification of Compliance MM-HYD-1A: Erosion and Sedimentation Control Plan for Construction A. The project applicant shall submit an Erosion and Sedimentation Control Plan for all project components to the City Engineer in the Public Works Department (City Engineer) for review and approval prior to issuance of grading permits. The Erosion and Sedimentation Control Plan shall include all necessary measures to be taken to prevent excessive stormwater runoff or carrying by stormwater runoff of solid materials on to lands of adjacent property owners, public streets, or to creeks as a result of conditions created by grading and/or construction operations. The Plan shall include, but not be limited to, such measures as short-term erosion control planting, waterproof slope covering, check dams, interceptor ditches, benches, storm drains, dissipation structures, diversion dikes, retarding berms and barriers, devices to trap, store and filter out sediment, and stormwater retention basins. Off-site work by the project applicant may be necessary. The project applicant shall obtain permission or easements necessary for off-site work. There shall be a clear notation that the plan is subject to changes as changing conditions occur. Calculations of anticipated stormwater runoff and sediment volumes shall be included, if required by the City. B. The project applicant shall implement the approved Erosion and Sedimentation Control Plan. No grading shall occur during the wet weather season (October 15 through April 15) unless specifically authorized in writing by the City Engineer. C. The project applicant shall comply with the requirements of the Construction General Permit issued by the State Water Resources Control Board (SWRCB). The project applicant shall submit a Notice of Intent (NOI), Stormwater Pollution Prevention Plan (SWPPP), and other required Permit Registration Documents to SWRCB. The project applicant shall submit evidence of compliance with Permit requirements to the City Engineer. Submit Erosion and Sedimentation Control Plan Prior to issuance of grading permits Project Applicant and construction contractors City of Saratoga Public Works Department (City Engineer) Name: ________ Date: _________ Maintain records documenting compliance with plan and seasonal grading restrictions Throughout construction Project Applicant and construction contractors City of Saratoga Public Works Department (City Engineer) Name: ________ Date: _________ Submit evidence of Construction General Permit compliance Throughout construction Project Applicant and construction contractors City of Saratoga Public Works Department (City Engineer) Name: ________ Date: _________ MM-HYD-1B: Post-Construction Stormwater Management Plan The project applicant shall comply with the requirements of Provision C.3 of the Municipal Regional Stormwater Permit issued under the National Pollutant Discharge Elimination System (NPDES) and the Santa Clara County Drainage Manual, as applicable. The project applicant shall submit a Post-Construction Stormwater Management Plan to the City for review and approval with the project drawings submitted for site improvements, and shall implement the approved Plan. The Post-Construction Stormwater Management Plan shall include and identify the following: • Location and size of all new and replaced impervious surfaces associated with the proposed project; • Directional surface flow of stormwater runoff; • Location of proposed on-site storm drain lines; • Site design measures to reduce the amount of impervious surface area; • Details of on-site infiltration measures; • Source control measures to limit stormwater pollution; • Stormwater treatment measures to remove pollutants from stormwater runoff, including the method used to hydraulically size the treatment measures; and • Hydromodification management measures, if required by Provision C.3, so that post-project stormwater runoff flow and duration match pre-project runoff. Submit Post-Construction Stormwater Management Plan demonstrating compliance. Prior to issuance of grading permits Project Applicant and construction contractors City of Saratoga Public Works Department (City Engineer) Name: ________ Date: _________ Maintain records demonstrating ongoing compliance with Post- Construction Stormwater Management Plan Throughout project operation Project Applicant City of Saratoga Public Works Department (City Engineer) Name: ________ Date: _________ MM-NOI-1: Monitor and Adjust Boundary Noise Levels A. Prior to use of the tasting deck or adjacent outdoor seating area for public tastings or events, the applicant shall permanently install a sound level meter at the worst- case (i.e., closest without shielding) residential property boundary to the tasting deck. The City Community Development Director or their designee shall be provided real-time access to the monitoring system data. The meter shall be installed at a height of at least 4 feet above ground level. The meter shall be a rated Class I or II based on ANSI S1.4 standards, utilize the "A" weighting scale, and be set to a "slow" response. The monitoring system shall be actively measuring and logging sound pressure level data from at least one hour prior to event start until one hour after the event ends. B. During events or tastings, the applicant shall review the measured sound pressure levels on a 30-minute recurring basis. If the measured sound pressure levels at the meter exceed the applicable limits described in paragraph C below, the applicant shall reduce the volume of the sound system (or other noise-generating sources) until the measured levels are below the paragraph C limits at the property line. C. The applicable limits for the property boundary sound level meter (installed and operated in accordance with paragraphs A and B above) shall be selected from the options in the table below, based on the distance between the meter and the outdoor use area of the nearest off-site residential unit (or other nearest sensitive receptor, as determined by the City) at the time of monitoring: Distance between meter and outdoor use area of closest residence Daytime (7am - 7pm) noise limit at meter Evening (7pm - 10pm) noise limit at meter Nighttime (10pm - 7am) 0-24 feet 50 dBA Leq(h) 45 dBA Leq(h) Events and tastings prohibited 25-49 feet 52 dBA Leq(h) 47 dBA Leq(h) 50-99 feet 54 dBA Leq(h) 49 dBA Leq(h) Install sound level meter. Prior to commencement of tastings or events Project Applicant City of Saratoga Community Development Department Name: ________ Date: _________ Provide City with real-time access to monitoring system data. Throughout project operation Project Applicant City of Saratoga Community Development Department Name: ________ Date: _________ Maintain monitoring records for all events and tasting operations demonstrating ongoing compliance with applicable limit and swift rectification of exceedances. Throughout project operation Project Applicant City of Saratoga Community Development Department Name: ________ Date: _________ Resolution 25-026 Page 28 House Family Vineyard AECOM Mitigation Monitoring and Reporting Program Prepared for City of Saratoga 28 Mitigation Measure Mitigation and Reporting Action Implementation Timeframe Implementation Responsibility Implementation Oversight Verification of Compliance 100-199 feet 57 dBA Leq(h) 52 dBA Leq(h) 200-399 feet 61 dBA Leq(h) 56 dBA Leq(h) 400-799 feet 66 dBA Leq(h) 61 dBA Leq(h) 800+ feet* 71 dBA Leq(h) 66 dBA Leq(h) * The closest residential unit at time of EIR preparation was approximately 1,100 feet from the tasting deck, therefore the row marked with an asterisk contains the current applicable limits, unless a closer sensitive receptor is identified by the City in the future. D. The limits specified in paragraph C above may be modified if, based on site-specific noise prediction modeling or calculations performed by a qualified acoustic engineer, it can be demonstrated to the satisfaction of the City’s Community Development Director that the modified limits would not result in outdoor noise levels at outdoor use aeras at the nearest residential unit (or other sensitive receptor) exceeding 50 dBA Leq(h) during daytime hours (7am to 7pm) or 45 dBA Leq(h) during evening hours (7pm to 10pm). Alternatively, the limits specified in paragraph C above may be reduced by the City if it becomes apparent that the limits are not adequately protective of nearby sensitive receptors based on actual noise levels received at residential receptors. E. All private events and wine tastings shall end by 9 PM. Establish applicable limit and revise as needed. Prior to commencement of tastings or events. Revise if new noise receptors identified or at City’s request Project Applicant City of Saratoga Community Development Department Name: ________ Date: _________ Maintain records demonstrating ongoing compliance with operating hour restrictions Throughout project operation Project Applicant City of Saratoga Community Development Department Name: ________ Date: _________ MM-TRA-1: VMT Reduction • Public and private tastings shall be prohibited from occurring concurrently with private events. Advance notification of upcoming events and closure of the winery to tastings shall be provided to wine club members and the general public by direct email, text message, social media, and/or website notification. • Parking supply shall be limited to 55 spaces. All parking shall be on the House Family Vineyards site. No parking shall be allowed along public roadways. “No Parking” signage shall be permanently installed on the public portion of Old Oak Way to prevent spillover parking on the public roadways. On days with private events, additional bollards and/or cones shall also be placed to discourage illegal parking. • The project applicant shall provide an optional shuttle service for all private events and private tastings with more than 10 guests, that would collect guests from a centralized location such as West Valley College (with appropriate permissions) or at hotels where guests are staying and transport them to the project site. Organizers and attendees of private events or private tastings with more than 10 guests shall be notified of the shuttle service in advance of the event by direct email, text message, social media, and/or website notification. The applicant shall provide verification of outreach to the City annually, or upon request. • The applicant shall set up a public outreach page on their website that encourages all guests to carpool or vanpool to and from the site. This website shall provide useful information about the environmental benefits of carpooling and provide links to resources where guests can arrange for vanpool services. Maintain records demonstrating compliance with tasting/event restrictions and notification Throughout project operation Project Applicant City of Saratoga Community Development Department Name: ________ Date: _________ Install required permanent signage Prior to commencement of tastings or events. Project Applicant City of Saratoga Community Development Department Name: ________ Date: _________ Place required cones and/or bollards Every day with private event Project Applicant City of Saratoga Community Development Department Name: ________ Date: _________ Maintain and submit outreach records Annually throughout project operation, or upon City request Project Applicant City of Saratoga Community Development Department Name: ________ Date: _________ MM-TRA-2: Temporary Traffic Control Plan The applicant shall prepare a temporary traffic control plan in conformance with the City’s Standard Details and Specifications for Construction. The plan shall be prepared prior to issuance of grading permits and include details on the use and placement of high-level warning devices, channeling cones, flashing arrow boards, and signage. Any temporary road or lane closures or reroutes (if required) shall also be detailed in the plan. The traffic control plan shall be reviewed and approved by the City’s Public Works Department and emergency response officials prior to issuance of grading permits. The temporary traffic control plan would also specify what construction traffic must do in an emergency situation requiring evacuation of the neighborhood, so that evacuation routes are kept clear for evacuating vehicles. Submit Temporary Traffic Control Plan Prior to issuance of grading permits Project Applicant and construction contractors City of Saratoga Community Development Department Name: ________ Date: _________ Maintain records demonstrating compliance with plan provisions Throughout construction Project Applicant and construction contractors City of Saratoga Community Development Department Name: ________ Date: _________ MM-UTI-1: Lift Station Installation and Maintenance Agreement • The applicant would be required to demonstrate that the lift station would meet the standards of and receive approval and permits from the City, Santa Clara County Environmental Health Services, and CuSD for the lift station. • The applicant would be required to set up a maintenance agreement with the City to properly maintain the lift station so that impacts related to odors and a malfunctioning system do not arise. The maintenance agreement would require annual inspections of the system. Submit approvals, permits, and/or other evidence demonstrating compliance with required standards Prior to issuance of grading or building permits Project Applicant City of Saratoga Public Works Department (City Engineer) Name: ________ Date: _________ Sign maintenance agreement with the City Prior to issuance of grading or building permits Project Applicant City of Saratoga Public Works Department (City Engineer) Name: ________ Date: _________ Maintain annual inspection records Annually throughout project operation Project Applicant. City of Saratoga Public Works Department (City Engineer) Name: ________ Date: _________ MM-WF-1A: Site Safety Plan Submit Site Safety Plan Prior to commencement of construction activities Project Applicant and construction contractors City of Saratoga Community Development Department and Santa Name: ________ Date: _________ Resolution 25-026 Page 29 House Family Vineyard AECOM Mitigation Monitoring and Reporting Program Prepared for City of Saratoga 29 Mitigation Measure Mitigation and Reporting Action Implementation Timeframe Implementation Responsibility Implementation Oversight Verification of Compliance Prior to commencement of construction activities, including site clearing, grading, or trenching, the applicant shall work with the SCCFD to prepare a Site Safety Plan. The plan shall address training of construction personnel and provide details of fire-suppression procedures and equipment to be used during construction. Information shall be provided as part of a tailgate or pre-construction training to contractors and subcontractors prior to any ground disturbance. At a minimum, the plan shall be consistent with the requirements in California Fire Code Chapter 33 and shall include the following: • Procedures for minimizing potential ignition, including, but not limited to, vegetation clearing, parking requirements/restrictions, idling restrictions, smoking restrictions, proper use of gas-powered equipment, use of spark arrestors, and hot work restrictions. • Specifications for adequate water supply to service construction activities. • Construction worker training for fire prevention, initial attack firefighting, and fire reporting. • Coordination with local fire agencies to facilitate access through the project site during construction. • Emergency contact information; and • Demonstrate compliance with applicable plans and policies established by state and local agencies. Clara County Fire Department Maintain records demonstrating compliance with plan provisions Throughout construction Project Applicant and construction contractors City of Saratoga Community Development Department and Santa Clara County Fire Department Name: ________ Date: _________ MM-WF-1B: Fire Protection Plan Prior to issuance of building permits for the proposed project, the applicant shall prepare a Fire Protection Plan and submit it to the City and/or SCCFD for review and approval. The Fire Protection Plan may be consolidated with the Site Safety Plan described under MM-WF-1A. The plan shall be prepared by a registered design professional, qualified landscape architect, qualified fire safety specialist, or similar specialist acceptable to the fire code official. At a minimum, the plan shall be consistent with the requirements set forth in Chapter 49 of the California Fire Code and include the following: • Emergency evacuation procedures for the project site, considering all proposed modifications to the site and access routes. A detailed map with clear instructions shall be prepared and made available in a publicly visible location on-site. The updated evacuation map shall be provided to all neighbors through the Firewise Old Oak Way Committee; • Specifications for adequate water supply to service operational activities and meet fire suppression needs; • A Landscape Plan meeting the requirements of California Fire Code Section 4906; • Specifications for regular fuel reduction practices throughout the project site (including adjacent to parking areas), including frequency of maintenance and actions to be taken to reduce fuel loading and maintain defensible space requirements; • Protocol for continued compliance with the Brush and Weed Abatement Programs; • Prohibitions on outdoor fires at the project site during wine tastings and events; • Details on ‘No Smoking’ signs in publicly visible locations where tastings and events would occur and in all parking areas; and • Demonstrate compliance with applicable plans and policies established by state and local agencies. Submit Fire Protection Plan Prior to issuance of building permits Project Applicant and qualified specialist City of Saratoga Community Development Department Name: ________ Date: _________ Maintain records demonstrating ongoing compliance with plan provisions Throughout project operations Project Applicant City of Saratoga Community Development Department Name: ________ Date: _________ Resolution 25-026 Page 30   Exhibit A-2 Mitigation Monitoring and Reporting Program (MMRP) of the Saratoga Housing and Safety Elements and 2040 General Plan Update EIR (Non Residential Measures) Resolution 25-026 Page 31 Resolution 25-026 Page 32 Resolution 25-026 Page 33 Resolution 25-026 Page 34 Resolution 25-026 Page 35 Resolution 25-026 Page 36 Resolution 25-026 Page 37 Resolution 25-026 Page 38 Resolution 25-026 Page 39 Resolution 25-026 Page 40 Resolution 25-026 Page 41 Resolution 25-026 Page 42 Resolution 25-026 Page 43 Resolution 25-026 Page 44 Resolution 25-026 Page 45 Resolution 25-026 Page 46 Resolution 25-026 Page 47 Resolution 25-026 Page 48 Resolution 25-026 Page 49 Resolution 25-026 Page 50 Resolution 25-026 Page 51 Resolution 25-026 Page 52 Resolution 25-026 Page 53 Exhibit B Project Plans 1909908.3 Resolution 25-026 Page 54 Resolution 25-026 Page 55 Resolution 25-026 Page 56 Resolution 25-026 Page 57 Resolution 25-026 Page 58 Resolution 25-026 Page 59 Resolution 25-026 Page 60 Resolution 25-026 Page 61 Resolution 25-026 Page 62 Resolution 25-026 Page 63 Resolution 25-026 Page 64 Resolution 25-026 Page 65 Resolution 25-026 Page 66 Resolution 25-026 Page 67 Resolution 25-026 Page 68 Resolution 25-026 Page 69 Resolution 25-026 Page 70 Resolution 25-026 Page 71 Resolution 25-026 Page 72