final eir consultant

Transcription

S AN B ENITO C OUNTY
F AIRVIEW C ORNERS
R ESIDENTIAL S PECIFIC P LAN
FINAL ENVIRONMENTAL IMPACT REPORT
SCH No. 2010081009
PREPARED FOR
County of San Benito
3224 Southside Road
Hollister, California 95023
March 2012
FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE
F AIRVIEW C ORNERS
R ESIDENTIAL S PECIFIC
P LAN
SCH No. 2010081009
PREPARED FOR
Ann Dolmage, Assistant Planner
3224 Southside Road
Tel 831.637.5313
PREPARED BY
Impact Sciences, Inc.
555 12th Street, Suite 1650
Oakland, California 94607
Tel 510.267.0494
March 2012
T ABLE OF C ONTENTS
1.0
2.0
3.0
I NT R O D UC T I O N .......................................................................1.0-1
1.1
Purpose of the Final Environmental Impact Report .............1.0-1
1.2
Organization of the Final Environmental Impact Report ......1.0-2
R E VI S I O NS
T O T HE
D R A FT EIR ...................................................2.0-1
2.1
Introduction ...................................................................2.0-1
2.2
Revisions to the Draft EIR ...............................................2.0-1
COMMENTS
ON THE
D R A FT EIR
A ND
R E S P O NS E S
TO
C O M M E NT S .....3.0-1
3.1
Index to Comments .........................................................3.0-1
3.2
Responses to Individual Comments ...................................3.0-2
California Department of Transportation ...........................3.0-3
Regional Water Quality Control Board, Region 3 ................3.0-8
Council of San Benito County Governments ..................... 3.0-11
San Benito County Integrated Waste Management ............ 3.0-15
San Benito County Parks and Recreation Commission ....... 3.0-18
Janet Brians ................................................................. 3.0-22
Tony Ruiz ................................................................... 3.0-29
Russell Bustos .............................................................. 3.0-30
4.0
M I T I G A T I O N M O NI T O R I N G
5.0
LIST
OF
AND
R E P O R T I NG P R O G R A M ..................4.0-1
EIR P R E P A R E R S ...........................................................5.0-1
5.1
Lead Agency ..................................................................5.0-1
5.2
Preparers of the Environmental Document .........................5.0-1
5.3
Outside Counsel .............................................................5.0-2
COUNTY OF SAN BENITO
L IST OF T ABLES
3.0-1
Index to Comments ..........................................................3.0-1
4.0-1
Mitigation Monitoring and Reporting Program .....................4.0-3
1.0
INTRODUCTION
1.1
PURPOSE OF THE FINAL ENVIRONMENTAL IMPACT REPORT
Under the California Environmental Quality Act (CEQA) and San Benito County’s procedures for
implementing CEQA, following completion of a Draft Environmental Impact Report (EIR), the
County is required to consult with and obtain comments from public agencies that have jurisdiction
by law or discretionary approval power with respect to the proposed project, and to provide the
general public with opportunities to comment on the Draft EIR.
On October 14, 2011, San Benito County, as the Lead Agency under CEQA, issued a Draft EIR on
the Fairview Corners Residential Specific Plan (proposed project) proposed by Fairview Corners
LLC (project applicant). The Draft EIR was circulated for a 45-day public comment period that
ended on November 28, 2011. During this period, the County held a public meeting on the Draft
EIR on November 9, 2011, to receive verbal comments. An audio recording of the meeting was
prepared by the County and the verbal comments have been transcribed for inclusion in the Final
EIR.
The Final EIR is an informational document prepared by the Lead Agency that must be considered
by decision makers before approving or denying the proposed project. CEQA Section 15132
specifies that the Final EIR shall consist of the following:
1.
The Draft EIR or a revision to the draft.
2.
Comments and recommendations received on the Draft EIR either verbatim or in summary
form.
3.
A list of the persons, organizations, and public agencies commenting on the Draft EIR.
1.0-1
1.0
4.
INTRODUCTION
The response of the Lead Agency to significant environmental points raised in review and
consultation process.
5.
Any other information added by the Lead Agency.
The Draft EIR, which is incorporated by reference and this document (including the summary,
revisions to the Draft EIR text, comments, and responses to comments) constitute the Final EIR.
Copies of the Final EIR are available for review during normal business hours at the following
address and Web site:
3224 Southside Road
Contact: Ann Dolmage, Assistant Planner, [email protected]
http://www.cosb.us
This document has been prepared pursuant to the State CEQA Guidelines. The Final EIR incorporates
comments from public agencies and the general public, and contains responses by the Lead Agency
to those comments that are relevant to the Draft EIR analysis. The San Benito County Board of
Supervisors is responsible for reviewing and certifying the adequacy of this environmental document
and making a decision with respect to the proposed project.
1.2
ORGANIZATION OF THE FINAL ENVIRONMENTAL IMPACT
REPORT
This document is organized into five sections. Following this introduction (Section 1.0), Section
2.0, Revisions to the Draft EIR, presents revisions that have been made to the Draft EIR as a result
of comments received from agencies and individuals on the document as well as County staff
initiated changes. Section 3.0, Comments on the Draft EIR and Responses to Comments, contains
a list of persons and agencies that submitted written comments on the Draft EIR or presented
comments at the November 9, 2011, public hearing, a transcript of the public hearing, reproductions
of the written comments, and responses to those comments. Each comment is labeled with a number
in the margin. Section 4.0, Mitigation Monitoring and Reporting Program, contains the
Mitigation Monitoring and Reporting Program for the proposed project, and Section 5.0, List of
EIR Preparers, lists persons involved in the preparation of the Final EIR.
1.0-2
2.0
REVISIONS TO THE DRAFT EIR
2.1
INTRODUCTION
This chapter presents revisions that have been made to the Draft EIR as a result of comments
received from agencies and individuals on the document. None of the changes affect the analysis or
conclusions of the Draft EIR.
2.2
REVISIONS TO THE DRAFT EIR
This section contains the revised text of the Draft EIR. Text added to the Draft EIR is shown in
underline format, and deleted text is shown in strikethrough.
Due to the nature of the text changes that are presented below, the changes are cited individually
rather than in a reproduction of the entire Draft EIR. This presentation of revisions to the Draft EIR
is consistent with State CEQA Guidelines Section 15162 detailing required Final EIR contents.
2.0-1
2.0
REVISIONS
TO THE
DRAFT EIR
EXECUTIVE SUMMARY, PAGE S-23
Level of
Resulting
Potential Project and Cumulative
Significance
Level of
Impacts
w/o Mitigation
Summary of Mitigation Measures
Significance
Potentially
No more than 30 days prior to commencement of grading or
Less than
Significant
Cumulative
construction activities occurring within 250 feet of trees located
adjacent to the project site and within the agricultural land on-site,
Significant
with
the developer shall retain a qualified biologist to conduct tree and
agricultural land surveys to determine if active nest(s) of protected
Mitigation
Incorporated
Impact BIO-2h. Implementation of
the proposed project may have a
substantial adverse effect, either
directly or through habitat
modification, on several wildlife
species identified as a candidate,
sensitive, endangered, threatened or
other special-status species in local or
regional plans, policies, or
regulations, or by the California
Department of Fish and Game or
U.S. Fish and Wildlife Service
(California tiger salamander, San
birds and raptors (white tailed kite, northern harrier, and loggerhead
shrike) are present in the trees or on the ground. Surveys shall
include searches of all potential nest sites, including snags, shrubs,
ground, buildings, and other structures. Two surveys shall be
conducted, at least one week apart, with the second survey occurring
no more than two days prior to vegetation removal or construction
activities.
Areas within 250 feet of the construction zone that are not within the
Joaquin kit fox, American badger,
burrowing owl, western spade toad,
control of the developer shall be observed from the project site.
nesting and migratory raptors and
birds).
appropriate) shall be notified regarding the status of the nest(s).
If active nest(s) are found, the USWFS and/or the CDFG (as
Furthermore, construction activities shall be restricted as necessary to
avoid disturbance of the nest(s) until they are abandoned or the
qualified biologist deems disturbance potential to be minimal.
Restrictions may include establishment of exclusion zones (no
ingress of personnel or equipment at a minimum radius of 250 feet
2.0-2
FAIRVIEW CORNERS RESIDENTIAL SPECIFIC PLAN FINAL EIR
around an active raptor nest and 100 feet around an active nonraptor migratory bird nest) or alteration of the construction schedule.
If construction activities are not scheduled between March 1 and
August 31, no further mitigation is required, and vegetation removal
or construction activities may proceed.
Level of
Resulting
Significance
Level of
Impacts
w/o Mitigation
Significance
Impact BIO-6. The project may
impede the use of native wildlife
Potentially
The implementation of mitigation measures BIO-2a andthrough
Less than
Significant
BIO-2gh would reduce the impact to a less than significant level.
Significant
nursery sites.
Cumulative
with
Mitigation
Incorporated
2.0-3
2.0
REVISIONS
TO THE
DRAFT EIR
Level of
Resulting
Significance
Level of
Impacts
w/o Mitigation
Impact BIO-9. The proposed project,
in addition to other past, present, and
Potentially
The implementation of mitigation measures BIO-1, BIO-2, BIO-3,
Less than
Significant
Cumulative
BIO-4, BIO-5, BIO-6, and BIO-7 would reduce the impact to a less
than significant level.
Significant
with
reasonably foreseeable, probable
future projects along the Fairview
Significance
Mitigation
Incorporated
Road corridor, may disturb specialstatus species, critical habitats, and
wildlife movement throughout the
region.
Level of
Resulting
Significance
Level of
Impacts
w/o Mitigation
Impact HAZ-1. The project may
create a significant hazard to the
public or the environment through
the routine transport, use, or disposal
orf hazardous materials or through
reasonably foreseeable upset and
Significance
Potentially
The implementation of mitigation measures MM AG-12, HYD-1a,
Less than
Significant
and HYD-1b would reduce this impact to a less than significant level.
Significant
with
Mitigation
Incorporated
accident conditions involving the
release of hazardous materials into
the environment.
2.0-4
Level of
Resulting
Significance
Level of
Impacts
w/o Mitigation
Impact HAZ-2. The project site is
located more than one-quarter mile
Significance
Potentially
The implementation of mitigation measures MM AG-12 would
Less than
Significant
reduce this impact to a less than significant level.
Significant
with
from existing schools, but within
one-quarter mile of a proposed
Mitigation
Incorporated
school.
Level of
Resulting
Significance
Level of
Impacts
w/o Mitigation
Impact HAZ-6. Implementation of
the proposed project in addition to
Significance
Less than
The impact is less than significant; therefore, no mitigation is
Less than
Significant
required.
Significant
past, present and foreseeable,
probable future projects, may result
in cumulative hazardous risk
impacts.
2.0-5
2.0
REVISIONS
TO THE
DRAFT EIR
Level of
Resulting
Significance
Level of
Impacts
w/o Mitigation
Impact HYD-3: The project would
not alter the existing drainage pattern
Potentially
The implementation of mitigation measures AG-12, AQ-1, GEO-1,
Less than
Significant
GEO-6, HYD-1a, HYD-1b, and HYD-2a – HYDR-2c would reduce
this impact to a less than significant level.
Significant
with
of the project site, which may
substantially increase the rate or
Significance
Mitigation
Incorporated
amount of surface runoff in a manner
that would result in flooding or
sedimentation and erosion on or off
the site over the lifetime of the
project.
Level of
Resulting
Significance
Level of
Impacts
w/o Mitigation
Significance
Impact LU-4. Development of the
Potentially
The implementation of mitigation measures AG-1 would reduce this
Less than
proposed project may create land use
compatibility conflicts with
Significant
impact to a less than significant level. The impact is less than
Significant
significant; therefore, no mitigation is required.
with
Mitigation
surrounding uses.
Impact Less
than Significant
Incorporated
2.0-6
Level of
Resulting
Significance
Level of
Impacts
w/o Mitigation
Impact REC-2. The proposed
project may result in the construction
Potentially
The implementation of mitigation measures AQ-1 and NOISE-1
Less than
Significant
would reduce this impact to a less than significant level.
Significant
with
of new parks and recreational
facilities, which may have an adverse
Significance
Mitigation
Incorporated
physical effect on the environment.
Level of
Resulting
Significance
Level of
Impacts
w/o Mitigation
Impact UTIL-4: The soils on the
project site may not be capable of
adequately supporting the use of
septic tanks.
Significance
Potentially
The implementation of mitigation measures GEO-18 would reduce
Less than
Significant
this impact to a less than significant level.
Significant
with
Mitigation
Incorporated
2.0-7
2.0
REVISIONS
TO THE
DRAFT EIR
SECTION 3.5, CLIMATE CHANGES, PAGE 3.5-37
Table 16
GHG Measures
Representative
GHG Reduction
Measures
Estimated Effectiveness of
Measures
Measures Included in Project
Solid Waste Diversion
Re-Use Construction
Implementation Measure RM-6.1.4
There are no quantifiable
Materials
requires the diversion of a minimum of
5025 percent of total materials taken off
reductions associated with
this measure. However, this
the construction site from landfills or
incinerators.
is a best management
practice.
SECTION 3.6, CULTURAL RESOURCES, PAGE 3.6-18
MM CULT-3: Implement Mitigation Measures CULT-1a through CULT-1c.
Implementation of Mitigation Measures CULT-1a through CULT-1c and MM CULT-3 would
address the project’s contribution to cumulative impacts to cultural resources and human remains.
Therefore, with mitigation incorporated, the project’s contribution to cumulative impacts in this
regard would not be cumulatively considerable.
MM CULT-4: Implement Mitigation Measure CULT-12 above.
SECTION 3.8, HAZARDS AND HAZARDOUS MATERIALS, PAGE 3.8-11
Impact HAZ-1: The project may create a significant hazard to the public or the environment
through the routine transport, use, or disposal orf hazardous materials or through reasonably
foreseeable upset and accident conditions involving the release of hazardous materials into the
environment.
Further, implementation of MM AG-12 ensures the provision of open space buffer areas around the
perimeter of the site and reduces the effects of pesticide and fertilizer use in these areas to a less than
significant level.
2.0-8
Further, implementation of MM AG-12 would ensure the provision of open space buffer areas
around the perimeter of the site and reduce the effects of pesticide and fertilizer use in these areas to
a less than significant level.
SECTION 3.9, HYDROLOGY AND WATER QUALITY, PAGE 3.9-15
Furthermore, as discussed in Section 3.2 (Agricultural Resources), the project would be required to
limit the use of pesticides and fertilizers in common open space areas between development on the
site and abutting properties (see Specific Plan, Policy RM-4.3 #3), as set forth in MM AG-12.
In summary, implementation of MM AG-12 and the above-referenced Specific Plan policies would
reduce the project’s impacts to water quality.
With implementation of the above identified Specific Plan policies and MM GEO-1, MM GEO 6,
MM AG-12, MM HYD-1a and MM HYD-1b, and MM HYD-2a through MM HYD-2c, and
numerous measures to protect biological resources and aquatic habitats (see Section 3.4, Biological
Resources), the project’s impacts related to downstream flooding and erosion impacts would be less
than significant with mitigation incorporated.
SECTION 3.10, LAND USE AND PLANNING, PAGE 3.10-23
Policy 47:
Parks master plan. Develop a County-wide parks master plan to identify
long-range recreational needs of the County, potential trail corridors, and
areas for potential recreational-tourist services/programs.
Consistency: The County adopted a County-wide Parks and Recreational Facilities Master Plan on
July 27, 2010 in accordance with Policy 47. The project would be required to comply with this plan,
either through the creation of on-site park and recreational facilities or payment of the applicable
in-lieu fee to support the construction of park and recreational facilities in other parts of the County,
as contemplated by the County’s Parks and Recreational Facilities Master Plan. Therefore, the
project would be consistent with Policy 47.
2.0-9
2.0
REVISIONS
TO THE
DRAFT EIR
SECTION 3.12, PUBLIC AND GOVERNMENTAL SERVICES, PAGE 3.12-5
Waste Generation Rates
Waste generation rates for single family residential uses are based upon San Benito County
Integrated Waste Management waste disposal rates. According to information provided to the
Gavilan College District by Mandy Rose, Director of Integrated Waste Management, the singlefamily disposal rate is 1.671.48 tons per year per residence and the multi-family disposal rate is 0.46
tons per year per residence (Rose 2011Gavilan College District 2008).
SECTION 3.12, PUBLIC AND GOVERNMENTAL SERVICES, PAGE 3.12-9
Impact PUB-4: The project would increase the generation of solid waste at the project site, thereby
reducing the estimated long-term disposal capacity at the local landfill site, and potentially
triggering the need to expand the facility, in order to maintain acceptable service ratios or
other performance objectives, the construction and operation of which could result in
environmental impacts. This would be a less than significant impact.
As discussed above, the projected remaining capacity of the John Smith Road Landfill, as of August
2010, is approximately 1,553,000 tons, or 17 years of capacity based on the average daily refuse
acceptance rate of 250 tons. As noted above, according to Integrated Waste Management
Department, the single-family disposal rate is 1.671.48 tons per year per residence and the
multifamily disposal rate is 0.46 tons per year per residence (Gavilan College District 2008). Using
the single-family disposal rate the proposed project would generate approximately 367326 tons per
year of solid waste.
Regulations contained in Title 14 of the California Code of Regulations require the maintenance of a
minimum of 15 years of permitted disposal capacity for each city and county jurisdiction. At the
time of Specific Plan preparation, the projected remaining landfill service life was 17 years as of
August 2010. However, more recent communications with Recology San Benito (see discussion
above) indicate the site adjacent to the existing landfill has been identified as a future landfill site,
and this site will be utilized to fulfill the obligation of the County and its incorporated Cities to
maintain a 15-year minimum disposal capacity for the County as a whole. An analysis of the
potential impacts of expansion of the existing facility or the construction of a new facility would
require environmental review under CEQA once the application is initiated. It is anticipated that
funding for the landfill expansion/construction will be derived from landfill franchise fees held in
reserve. The new landfill is slated to be financed by the landfill contract operator, Waste
Connections, Inc. under agreement with the County of San Benito.
2.0-10
The amount of refuse produced by the project could reduce the current landfill’s service life,
potentially triggering the need for expanded landfill capacity within a shorter timeframe. However,
the contribution of the project to the overall solid waste stream accepted by the John Smith Landfill
is relatively small when compared to that produced within the County as a whole.
In addition, Article 6.0 (Public Facilities) of the Specific Plan contains a number of policies, which
are summarized below, that are designed to reduce the project’s solid waste disposal rates:
■
As a condition of approval of any subdivision tentative or parcel map, the master developer
and/or individual neighborhood developer(s) shall obtain verification from Recology San
Benito that it can provide solid waste collection services to meet demand from build out of the
Plan Area. Waste collection services shall be financed through the most recently adopted fee
program of Recology San Benito. (Policy PF-7.1, Action #1)
■
It is anticipated that Recology San Benito will provide curbside recycling service to residential
neighborhoods. Where curbside pick-up is not practical, conveniently located centralized
recycling collection and storage facilities will be provided by the developers. (Policy PF-7.1,
Action #2)
■
The master developer and/or individual neighborhood developer(s) shall distribute, to all home
buyers, the educational program provided by the service providers as part of a Countywide
waste reduction, reuse, and recycling effort. (Policy PF-7.1, Action #3)
■
Require all construction contracts to include construction waste reduction and recycling clauses.
(Policy PF-7.1, Action #4)
■
Require public-use recycling cans at all locations where public-use refuse cans are provided.
(Policy PF-7.1, Action #5)
Therefore, based on the above analysis and with implementation of relevant Specific Plan policies,
the project’s impacts associated with overall landfill capacity and solid waste disposal would be less
than significant.
No mitigation is required.
2.0-11
2.0
REVISIONS
TO THE
DRAFT EIR
SECTION 3.13, PARKS AND RECREATION, PAGE 3.13-2
3.13.2 REGULATORY SETTING
San Benito County General Plan
Parks and recreational facilities in San Benito County are addressed in the County of San Benito
General Plan. Although the County General Plan is in the process of being updated, a new Open
Space and Conservation Element has not yet been adopted; therefore, the The following existing
adopted policies from the General Plan that are relevant to the project’s park and recreational
facilities are presented below:
Open Space and Conservation Element
Policy 45: Private recreation facilities. It will be the County’s policy to utilize land use ordinances
to encourage land owners to provide private recreational facilities and open space areas. It will also
be the County’s policy to allow for an economic return on land while it is being used as open space.
Policy 46: County and City bike plans. It will be the County’s policy to require new development
to provide easements for trails/bikeways identified in the City of Hollister Parks and Recreation
Master Plan and to be consistent with the San Benito County Bike Plan.
Policy 47: Parks master plan. Develop a County-wide parks master plan to identify long-range
recreational needs of the County, potential trail corridors, and areas for potential recreational tourist
services/programs.
Policy 48: Park funding. Provide the optimum level of cost effectiveness and public use level at each
park, recognizing that each facility has a different mission and a unique set of operating conditions
associated with the natural or other available resources.
Policy 55: Recreation and open space provide for recreation. It shall be the County’s policy to
acquire, develop, operate, and maintain a comprehensive…system of open space land uses and
recreational facilities to provide for the low-intensity trails, picnicking, informal sports, park
benches, and active recreational needs (sports fields for youth and adult leaguer play) of the County
population.
Policy 56: Ratio of parks to population. Recreational facilities for existing and new development in
the unincorporated areas of the County shall be provided to meet the needs of the population based
on a ratio of 5 acres of park land per 1,000 persons.
2.0-12
San Benito County Parks & Recreation Facilities Master Plan
In July 2010, San Benito County adopted a Parks and Recreation Facilities Master Plan that
identifies the long-range recreational needs of the County. The following goals and objectives of the
Master Plan are relevant to the proposed project:
3.
Encourage and develop access and connections between parklands, through trails, bikeways,
and multiple modes of transportation, including transit.
a.
Coordinate development of the Parks and Recreation Facilities Master Plan with
trails and bikeways planning, including the Council of Governments (COG) San
Benito County Bikeway and Pedestrian Master Plan and with the County transit
system.
b.
Where feasible, incorporate bikeways and trails into larger roadway and
transportation projects.
c.
Include bikeways and trails implementation as part of transportation impact fees.
d.
In coordination with San Benito Local Transportation Authority (LTA), plan for
transit amenities (such as bus stops and shelters) and route connections at public
parks.
e.
Provide amenities for trail users (such as bike racks and equestrian staging areas) at
appropriate park sites.
f.
Publicize alternative modes of transportation that are available to County residents
for park access.
g.
Coordinate the County trails system with regional connections to other counties and
the Juan Bautista de Anza National Historic Trail.
4.
Support growth patterns established in the San Benito County Housing Element by locating
parks with active recreation facilities near urban centers, and encouraging greenbelts around
urban development areas.
a.
Coordinate potential for greenbelts with the County General Plan Update and Cities
of Hollister and San Juan Bautista.
b.
Provide active recreation facilities for County residents living in unincorporated
urban areas.
c.
Where appropriate, implement joint-use agreements and partnerships with schools in
unincorporated areas.
2.0-13
2.0
REVISIONS
5.
TO THE
DRAFT EIR
Support the function of parklands in protecting natural resources.
a.
Coordinate with other public agencies in the planning, acquisition and development
of the San Benito River Parkway.
b.
Identify natural resources for preservation/potential parkland acquisition.
c.
Encourage multiple techniques for natural resource preservation (including fee
simple acquisition, easements, joint-use agreements, transfer of development rights,
etc.).
d.
Seek grants and other funding sources for implementation of parkland acquisition
and development for resource protection.
9.
13.
Consider geographic distribution of parklands throughout the County.
a.
Distribute active recreation parklands to be accessible to population centers.
b.
Consider partnerships with schools to provide recreation facilities in rural areas.
Consider user safety in the design of public park facilities.
a.
Design for unobstructed sight lines into major activity areas.
b.
Consider roadway and path design for patrol of parklands.
c.
Provide security lighting where appropriate.
d.
Provide emergency telephone call boxes where appropriate.
e.
Design facilities to attract people. Busy parks help police themselves.
f.
Design facilities in compliance with County codes and ordinance.
Chapter 8, Policies and Guidelines, of the Master Plan includes the following relevant Parkland
Development Requirements:
1.
Recommended County Standard of 5-park acres per 1,000 population.
a.
New Development to provide parkland at the above rate
b.
Parks developed within subdivisions can be counted toward this rate provided they
meet the minimum sizes and standards of the Classification System and are open to
the public.
2.0-14
c.
Parks smaller than the minimum sizes noted in the Classification System
(mini-parks) will not be counted toward the park acres per 1,000 standard and will
not be maintained by the County.
d.
For small developments that cannot achieve minimum park size based on
population, or developments that do not achieve full acreage requirements, an in-lieu
fee based on the park acres per 1000 standard will be paid to the County for public
park development.
e.
Special Use Facilities provided as a part of development may be counted toward park
acreage on a case-by-case basis if they are open to the public and meet a
demonstrated County recreational need.
f.
If neighborhood/school parks are developed, only the acreage of the neighborhood
park component will count toward the park acres per 1,000 standard. Facilities on
school property will not be counted, unless they are special use facilities developed
through a joint use agreement for community recreational use, such as sports fields,
gymnasium, or swimming pool.
g.
Recreational Open Space shall not count toward the park acres per thousand
standard, except for trail segments shown on the County Parks and Recreation
Facilities Master Plan or other trail segments, and staging areas that are open to the
public and approved by the Parks and Recreation Commission.
h.
Parks maintained by a Home Owners’ Association and not open to the public or in
gated communities shall not count toward the park acre per thousand standard. If
Home Owners’ Association parks meet the classification system, are not in gated
communities, and will be open to the public in perpetuity, they may be counted
toward the park acre per thousand standard subject to approval by the County Parks
and Recreation Commission.
i.
Active recreation facilities located within detention/retention basins or portions of
parks with excessive slopes or that have other use limitations shall not be counted
toward the park acres per thousand standard.
San Benito County Bikeway and Pedestrian Master Plan
In October 2010, San Benito County adopted an update to the Bikeway and Pedestrian Master Plan
that provides a broad vision, strategies, and actions for the improvement of bicycling and walking in
the San Benito County region. The plan provides information on current and future usage, existing
and proposed facilities and programs, design guidelines, and cost estimates.
2.0-15
2.0
REVISIONS
TO THE
DRAFT EIR
Assuming the maximum buildout of 220 units (678 residents at 3.081 persons per unit), the project
would need to provide at least 3.4 acres of open space and parks on-site, which are sufficiently
improved to qualify as park facilities or recreational open space facilities as defined in the County’s
Parks and Recreational Facilities Master Plan.
Therefore, while the project includes uses that would generate demand on existing facilities, it is
anticipated that the project would provide new park and recreational facilities in accordance with the
County’s Parks and Recreational Facilities Master Plan, which would meet County park standards.
MM REC-1b: On-site park and recreational facilities shall be provided by the developer and
designed consistent with applicable County standards for the provision of parkland
and the County Parks and Recreational Facilities Master Plan. In the alternative, the
developer may pay the applicable in-lieu fee for park and recreational facilities as set
forth in County Code Section 23.15.008.
SECTION 3.14, TRAFFIC AND CIRCULATION, PAGE 3.14-20
3.14.2 REGULATORY SETTING
Regional Transportation Planning
Council of San Benito County Governments (San Benito COG)
The San Benito COG is an association of City and County governments created to address regional
transportation issues. Its member agencies include the County of San Benito and the two
incorporated cities within the County, the Cities of Hollister, and San Juan Bautista. As the federally
designated Metropolitan Planning Organization and the state-designated Regional Transportation
Planning Agency for San Benito County, the San Benito COG is responsible for developing and
updating a variety of transportation plans and for allocating the federal and state funds to implement
them. Acting in this capacity, the San Benito COG is responsible for developing and adopting
several transportation planning documents and studies, including the Regional Transportation Plan
(RTP). The RTP is a long-term (20+year) blueprint for the region's transportation network, and
2.0-16
encompasses projects for all types of travel, including aviation and freight movement. The RTP
identifies and analyzes transportation needs of the metropolitan region and creates a framework for
project priorities.
SECTION 3.14, TRAFFIC AND CIRCULATION, PAGE 3.14-27
Traffic Impact Fee (TIF) Program
Development projects within San Benito County, including incorporated cities, are required to pay
traffic impact fees into the Hollister/San Benito County Regional Traffic Impact Fee (TIF) program.
The San Benito COG, as a Regional Transportation Planning Agency, is the coordinating agency for
administers the TIF program as authorized by the RTP. The purpose of the TIF program is to
implement City and County roadway improvement projects identified in the San Benito County
Traffic Mitigation Fee Study, based on anticipated regional development identified in the County’s
and the Cities’ general plans (San Benito COG 2010).
SECTION 6.0, REPORT PREPARERS AND REFERENCES, PAGE 6-2
6.2
DOCUMENTS REFERENCED
Rose, M. 2012. Director San Benito County Integrated waste Management. Email Communication
with Ann Dolmage, Planning Department (Comment Letter No. 1WM)
2.0-17
3.0
COMMENTS ON THE DRAFT EIR AND
RESPONSES TO COMMENTS
3.1
INDEX TO COMMENTS
As described in Section 1.0, Introduction, all comments on the Draft EIR received either in writing
or orally at the public hearing have been coded, and the codes assigned to each comment are
indicated on the written communications and the public hearing transcript that follow. All agencies
and individuals who commented on the Draft EIR are listed in Table 3.0-1, Index to Comments,
below.
Table 3.0-1
Index to Comments
Commenter
Agency/Individual – Name
Code
CT
California Department of Transportation – John Olejnik
RWQCB
Regional Water Quality Control Board, Region 3 – David Innis
COG
Council of San Benito County Governments – Mary Gilbert
IWM
San Benito County Integrated Waste Management – Mandy Rose
PRC
San Benito County Parks and Recreation Commission – Dan
Dungy
JB
Janet Brians
PH-1
Tony Ruiz
PH-2
Russell Bustos
3.0-1
3.0
COMMENTS ON THE DRAFT EIR AND RESPONSES TO COMMENTS
3.2
RESPONSES TO INDIVIDUAL COMMENTS
Comment letters received during the public review period are reproduced below, together with a
transcript of the comments received during the public hearing held on November 9, 2011. Responses
to individual comments in letters or the public hearing transcript are presented after the coded letters
and the transcript. It is recommended that reviewers use the index to comments on page 3.0-1 to
locate comments from specific agencies or individuals and the responses to those comments.
3.0-2
Letter No. CT
1
2
3.0-3
2
3
4
5
3.0-4
RESPONSE TO COMMENT LETTER CT
Response to Comment CT-1
Comment noted.
PHF, or Peak Hour Factor, is the ratio of the peak hourly volume divided by four times the peak
15-minute volume. A PHF of 1.0 represents a uniform volume throughout the hour. A low PHF
represents conditions where traffic volumes are high for a portion of the peak hour and low the
remainder of the hour. Jurisdictions where level of service standards apply to the peak hour may use
PHF of 1.0 so that the LOS calculations present results consistent with the 1-hour period. In the
calculations the hourly volumes are divided by the PHF. With a PHF of 1.0, the LOS is based on the
hourly volume. With a PHF of 0.90, the LOS is based on the hourly volumes increased by
10 percent.
San Benito County does not use PHF adjustments in LOS calculations for traffic impact studies.
This issue was most recently addressed with the Santana Ranch traffic impact study, in which it was
decided by County staff to use a PHF of 1.00 which is consistent with all other traffic studies in San
Benito County and the City of Hollister. This approach (of using a PHF of 1.00) produces an
analysis that evaluates the average condition over the peak hour. Using a PHF less than one (as
suggested by the comment) would produce an analysis that evaluates the worst 15 minutes within
each peak hour. Unlike design-level studies, for project-level environmental review for a long-range
development project that includes traffic forecasts that are between 5 and 20 years in the future,
applying a PHF of less than one provides for a worst-case analysis, which is not required for
purposes of CEQA analysis and would reflect a somewhat distorted evaluation of the traffic
conditions at issue.
The comment is correct in that if heavy vehicle percentages were factored into the LOS calculations,
the capacities at the intersections would be reduced. It should be noted that the heavy vehicle
percentages cited in the comment are daily values, not peak-hour values. The traffic analysis
evaluates conditions during the peak commute hours. It is unlikely that the peak-hour heavy vehicle
percentages are as high as those cited in the comment because truck trips are generally scheduled to
avoid peak hours.
3.0-5
3.0
Except for extreme cases, adjusting for heavy vehicles at an intersection has a minimal effect on
overall intersection levels of service. The primary inputs that affect intersection LOS are turning
movement volumes, lane configurations, type of traffic control, and signal phasing and timing (in
the case of signals). For planning studies, these data are gathered for each location and form the
basis for the LOS results at each location. The calculated results are then compared to field
conditions to determine if unusual traffic conditions are apparent that would require any further
adjustments. This process was completed for the Fairview Corners traffic study and the LOS results
appeared to match overall intersection operations.
Typically for planning studies such as this, heavy vehicle percentages adjustments are not made
because such data are not readily available, future heavy vehicle percentages are difficult to predict,
and the LOS results are only affected minimally by such adjustments. Additionally, the Fairview
Corners project would not generate enough truck traffic to increase heavy vehicle percentages at any
of the study intersections. Since the heavy vehicle percentages would be the same with and without
the project, the presence of heavy vehicles has a very minimal effect on the determination of impacts
due to the proposed project.
While not required to conduct this analysis under CEQA, as a sensitivity check, the level of service
results for the project were re-checked at two locations with existing substandard levels of service
(Union Road/Highway 156 and Highway 25/Union Road) to determine if factoring in the heavy
vehicle percentages would affect the severity of impacts. The revised LOS calculations were
conducted using the following assumed peak-hour heavy vehicle percentages which are conservative
as these values are the daily percentages at each location:
Highway 156 – 14 percent
Highway 25 – 10 percent
Union Road – 3 percent west of Airline Highway (based on actual peak-hour vehicle classification
counts)
The results of this procedure found that the impacts to intersection operations caused by the project
traffic would not be greater, even with these conservative heavy vehicle percentages added to the
analysis. As such, the conclusions of the traffic study would be the same with or without heavy
vehicle factor adjustments.
The presence of bicycle traffic at an intersection does not normally affect the level of service results
because the bicycle traffic typically can traverse the intersection within the amount of green time
provided for vehicle traffic. Pedestrian traffic is not normally factored into intersection LOS analyses
unless the pedestrian volume is substantial and steady throughout the peak hour (for example in a
3.0-6
downtown business district). None of the study intersections have or would have high pedestrian or
bicycles volumes even with the establishment of Gavilan College adjacent to the project site because
the proposed college would serve about 3,500 FTE students at buildout. Therefore, there is no need
to adjust the intersection LOS calculations to account for bicycle and pedestrian traffic.
Caltrans’ concern and non-support for an emergency access route on Highway 25 is noted. As stated
in the Draft EIR (page 2-24), the proposed project does not plan to construct the EVA on Highway
25, but would utilize it for emergency access in the event that it is authorized by Caltrans and built
by the Gavilan Community College District in conjunction with the District’s San Benito Campus
project. In the event the proposed project precedes construction of the Gavilan College San Benito
Campus and/or the Gavilan College San Benito Campus project is not built, or if Caltrans does not
approve the proposed emergency access on Highway 25, the developer of the Fairview Corners
project would be required to construct an alternative EVA route acceptable to the San Benito
County Public Works Department and in accordance with County and other applicable standards,
prior to the issuance of any residential building permits (see Mitigation Measure MM TRA-7). The
alternative EVA could be on Fairview Road. The County would nonetheless like the consideration
of the EVA on Highway 25 to provide emergency ingress for first responders and emergency egress
for residents in the event that Fairview Road is closed in an emergency to increase overall site safety.
3.0-7
Letter No. RWQCB
1
2
3.0-8
3.0-9
3.0
RESPONSE TO COMMENT LETTER RWQCB
Response to Comment RWQCB-1
The agency’s comment is acknowledged.
Response to Comment RWQCB-2
As stated on page 3.9-20 of the Draft EIR under Impact HYD-4, it is anticipated that ongoing
operation and maintenance of Plan Area’s storm drainage system, including all storm water
structural controls, LID and hydromodification features in the common areas of the development,
shall be funded by assessments collected through one of several potential financing mechanisms such
as a Community Services District (CSD), Community Facilities District (CFD), Homeowners
Association (HOA), or other appropriate financing district. Development of the Plan Area shall be
subject to payment of the fee for regional drainage improvements in the Santa Ana basin, if required
by the County.
The storm drainage system shall be offered for dedication to the County. Once this offer is accepted,
maintenance of the system will be the responsibility of the County or other entity such as CSD,
CFD, or HOA, if applicable, in accordance with applicable laws and regulations.
3.0-10
Letter No. COG
1
2
3
4
5
3.0-11
3.0-12
RESPONSE TO COMMENT LETTER COG
Response to Comment COG-1
The comment is noted.
The suggested text revisions are presented in Section 2.0, Revisions to the Draft EIR, under the
subsections Traffic and Circulation, pages 3.14-20 and 3.14-27. These revisions simply clarify the
role of San Benito COG, and do not modify or otherwise affect the EIR’s underlying analysis.
The comment is noted. Even if transit service is not extended to the project site within the next 5 to
15 years, the traffic analysis remains conservative as the trip generation rates used to estimate the
effects of the proposed project assume that the project would not be served by transit.
The comment regarding the San Benito COG’s discouragement of cul-de-sacs is noted. The
proposed Specific Plan intends flexibility in the final layout of development within the plan area, but
requires a minimum of three access points to the plan area from the Cielo Vista Drive extension. As
noted in the Draft EIR (page 2-23), the proposed internal circulation is assumed to be a loop
roadway network with some cul-de-sacs. The on-site circulation network would be designed to
integrate pedestrian, bicycle and vehicular modes of transportation, and to maintain open space at
the end of cul-de-sacs that provide pedestrian and bicycle connectivity. Design and construction of
the proposed roadways would be subject to the review and approval of the San Benito County Public
Works Department and would be required to comply with applicable provisions of the Specific Plan
as well as County standards and other requirements.
Cul-de-sacs may be used in the final development of the plan area, but are not necessarily proposed
at this time. Conceptually, Lotting Program Examples A-C (Appendix B of the Specific Plan;
Figures 10-12 of the Draft EIR), provide illustrative examples of the internal circulation pattern and
project layout. The Specific Plan could include a combination of through access streets and cul-desacs dependent upon the final plan layout, subject to the review and approval of the County.
However, the proposed Specific Plan includes, but does not rely upon, an objective to allow the use
of cul-de-sacs as a design feature to calm traffic speeds and reduce traffic-related noise, and includes
3.0-13
3.0
policy provisions that integrate cul-de-sacs with pedestrian connections to open space or trail
systems. These policies are as follows:
■
Encourage the integration of cul-de-sacs within the project to provide pedestrian connections to
open space or trail systems. (Policy CP-3.1, Implementation Measure #2)
■
Utilize short-cut paths, if needed, to avoid circuitous pedestrian and bicycle routes, and to keep
walking and bicycling distances between destinations as short as possible. Cul-de-sacs shall
include pedestrian connections to open space areas wherever possible. (Policy CP-5.2,
Implementation Measure #7)
Should some cul-de-sacs be included in the final development plans, given the size of the proposed
development (no more than 220 dwelling units), the cul-de-sacs will not put a burden on the
collector streets.
San Benito County Board of Supervisors has indicated to County staff that it would like roundabouts
considered at intersections where it would make sense to install such a facility. As and when
signalization of the intersection of Cielo Vista Drive and Fairview Road is indicated, it is anticipated
that the County will consider the feasibility of installing a roundabout at this location. Similarly,
when the Fairview Road and Airline Highway intersection meets signal warrants, it is anticipated
the County will consult with Caltrans regarding the feasibility of a roundabout at this location.
3.0-14
1
Letter No. IWM
3.0-15
2
3.0-16
RESPONSE TO COMMENT LETTER IWM
Response to Comment IWM-1
Implementation Measure RM-6.1.4 in the Specific Plan and the text of the EIR have been revised as
suggested, as shown in Section 2.0, Revisions to the Draft EIR, under the subsection Climate
Change, page 3.5-37. These revisions eliminate a typographical error, ensure consistency with
applicable laws and regulations, and do not modify or otherwise affect the EIR’s underlying
analysis.
Response to Comment IWM-2
The single-family waste disposal rate has been revised as presented in Section 2.0, Revisions to the
Draft EIR, under the subsection Public and Governmental Services, page 3.12-5. The estimated
amount of waste under Impact PUB-4 on page 3.12-9 of the Draft EIR has also been revised. The
waste disposal rate is nominally higher than previously analyzed and does not change the
significance conclusion of the impact.
3.0-17
Letter No. PRC
1
2
3
3.0-18
3
4
5
3.0-19
3.0
RESPONSE TO COMMENT LETTER PRC
Response to Comment PRC-1
The text on page 3.13-2 of the Draft EIR has been revised to acknowledge that the General Plan is in
the process of being updated and that the Parks and Recreation Facilities Master Plan and the San
Benito County Bikeway and Pedestrian Master Plan were recently adopted, as presented in Section
2.0, Revisions to the Draft EIR. The EIR contemplates that the project will be required to comply
with applicable County standards as set forth in the County Code, the Parks and Recreational
Facilities Master Plan, and San Benito County Bikeway and Pedestrian Master Plan. The text
revisions that reflect specific Goals and Objectives from the recently adopted San Benito Parks and
Recreational Facilities Master Plan merely clarify the relevance of this Plan to the project, and do
not modify or otherwise affect the underlying analysis or impact conclusions.
As stated in the Draft EIR, the proposed project intends to meet the County standard with respect to
parks and recreational facilities by providing the required acreage on site, or by provision of a lesser
acreage on site in combination with payment of in-lieu fees.
The Specific Plan includes policies for the provision of active and passive recreational and open
space opportunities, including policies for an open space and park trail system. The Specific Plan
also includes a conceptual diagram depicting parks and open space that would be provided on the
site. Although the Specific Plan states that active parks could take the form of a par course as well as
“pocket parks” located strategically throughout the neighborhoods, the ultimate design of the
proposed park and open space features will be finalized as part of the first tentative map application
process, as reflected in an approved Open Space and Parks Master Plan (Draft EIR page 3.13-4). As
an Open Space and Parks Master Plan for the Plan Area has not been prepared at this time, an
evaluation of proposed open space and recreational facilities relative to County requirements cannot
be completed at this time. However, to ensure adherence to relevant Specific Plan policies and
applicable County statutes, EIR Mitigation Measures MM REC-1a and 1b would be imposed on the
proposed project. MM REC-1a requires the applicant to construct park and recreational facilities
that are consistent with the project’s Open Space and Parks Master Plan, which would be reviewed
and approved by the County prior to implementation. MM REC-1b requires that on-site park and
recreational facilities be provided by the developer and designed consistent with applicable County
standards for the provision of parkland and the County Parks and Recreational Facilities Master Plan
[emphasis added]. In the alternative, the developer may pay the applicable in-lieu fee for park and
recreational facilities as set forth in County Code Section 23.15.008.
3.0-20
See Response to Comment PRC-2 above.
The comment is noted.
The comment is noted. The proposed project would not be a gated community and its parks would
be open to the public.
3.0-21
Letter No. JB
3.0-22
1
2
3
4
3.0-23
3.0-24
5
6
7
8
3.0-25
3.0
RESPONSE TO COMMENT LETTER JB
Response to Comment JB-1
The project site is located in an “Area of Special Study” adjacent to the City of Hollister. According
to the San Benito County General Plan, uses that may be developed within an Area of Special Study
include residential, commercial, and industrial. The proposed residential use is therefore
appropriate.
As stated in the Draft EIR, the purpose of the Area of Special Study designation is to direct
development towards areas where urban services and utilities are available for projects with higher
densities. The proposed residential units would be built in close proximity to domestic water and
wastewater facilities provided by Sunnyslope County Water District and the City of Hollister. As
such, development of the project at this location would represent the orderly expansion of the
Hollister Urban Area eastward from its current boundary along Fairview Road and the project
would prevent leapfrog growth. Furthermore, the proposed residential use of the site would be
consistent with the residential developments that exist to the south (Ridgemark) and east (Cielo
Vista) of the site.
The County’s Area of Special Study designation allows residential development subject to the
provisions of a comprehensive specific plan. In compliance with the General Plan requirement, a
Specific Plan has been prepared by the Applicant and reviewed by the County for its environmental
impacts and consistency with plans and policies. The County Board of Supervisors will consider all
information presented in the Final EIR and staff reports and determine whether the Fairview
Corners should be approved for implementation.
Although the provision of housing under the proposed project would further exacerbate the
job/housing imbalance that exists in the County at this time, additional housing is still needed in the
County to meet the Regional Housing Needs Allocation for the County.
The commenter’s concern regarding tax revenue from residential uses is noted and will be
considered by the Board of Supervisors; however, the issue does not relate to the adequacy of the
analysis under CEQA.
As discussed in Section 3.4 (page 3.4-34), Biological Resources, of the Draft EIR, the project site is
within U.S. Fish and Wildlife Service (USFWS) designated “critical habitat” for the California tiger
salamander (CTS). The Applicant initiated contact with the USFWS and the CDFG in 2008 in
order to comply with Section 10 of the Federal Endangered Species Act. As part of the Section 10
3.0-26
process, a Habitat Conservation Plan and Implementing Agreement are currently being prepared.
With the approval of USFWS and CDFG (if required), the Applicant intends to place a conservation
easement on a site within San Benito County known to support CTS upland habitat and of suitable
size to accommodate the project’s off-site mitigation requirements. The Habitat Conservation Plan
will mitigate impacts to all federally listed species, including CTS and the San Joaquin kit fox.
With implementation of EIR Mitigation Measure MM BIO-2h, discussed on page 3.4-42 of the
Draft EIR, the project’s impacts on migratory birds would be less than significant.
The potential for the proposed project to affect Foxhollow Herb Farm is evaluated in Section 3.2,
Agricultural Resources, of the Draft EIR, under Impact AG-2. As discussed under the impact, the
proposed project includes several approaches to reducing urban/agricultural conflicts at buildout.
Open space is proposed in the southeast corner and along the eastern boundary of the project site
between proposed residential uses and the Foxhollow Herb Farm located to the southeast. Also, the
proposed residential uses in proximity to the eastern boundary are expected to be low density
residential uses, as indicated by the Conceptual Lotting Plans A-C, (refer to Figures 10-12,
respectively). Further, implementation of Policy RM-4.3 of the Specific Plan and EIR Mitigation
Measure MM AG-2 would require the maintenance of an open space buffer along the project’s
eastern boundary and would address urban pollutants and regulate the application of pesticides
within the open space areas.
The increase in population that would result from development of the proposed project and other
foreseeable residential projects in the vicinity would be consistent with the forecasted population
growth for unincorporated San Benito County by the Association of Monterey Bay Area
Governments (AMBAG), as discussed under Impact LU-5 on page 3.10-29 of the Draft EIR. The
project site is also designated as an Area of Special Study in the San Benito County General Plan,
which allows residential development subject to the provisions of a comprehensive specific plan.
As shown in Table 36, Trip Generation, in Section 3.14, Traffic and Circulation, of the Draft EIR,
the proposed project would result in approximately 2,105 vehicle trips per day under full build out.
As discussed under Impact TRA-1 on page 3.14-39 of the Draft EIR, the addition of project traffic to
existing traffic volumes would not cause intersections in the vicinity of the project site to operate at
unacceptable levels of service during peak hours.
3.0-27
3.0
With respect to traffic impacts on Fairview Road under cumulative conditions, as stated in the Draft
EIR (page 3.14-61) forecasts of future demand on the study area transportation system were
prepared using the San Benito County/Hollister travel demand model. This model uses widely
accepted transportation planning formulas to convert forecasts of future land uses into the number
and distribution of future vehicle trips on the roadway network. The travel demand model uses the
year 2023 as the long-range planning horizon. This planning horizon is based on a set of population,
housing and employment projections that were developed based on the relevant land use
designations in the City of Hollister and San Benito County General Plans, on County and other
state, regional and local projections of population and employment growth, and on the constrained
projections adopted by the Association of Monterey Bay Area Governments (AMBAG 2008). There
are two notable long-range development projects—the Santana Ranch Specific Plan and the Gavilan
College San Benito Campus projects—which are in close proximity to the Fairview Corners project
and would affect most of the study intersections. These two projects are not covered entirely by the
growth projections contained in the 2023 travel demand model. Therefore, projected traffic from the
approved Santana Ranch and Gavilan College projects was added to base cumulative volumes to
yield cumulative without-project traffic volumes. In addition, traffic from the Award Homes project
is included in the cumulative analysis. The analysis revealed that the cumulative traffic would result
in a significant impact at the intersection of Fairview Road and Cielo Vista Drive. The Draft EIR
identified Mitigation Measures MM TRA-9a and MM TRA-9b to mitigate this impact.
As discussed on page 3.14-60 of the Draft EIR, Fairview Road is assumed to be widened to four
lanes between Airline Highway (State Route 25) and McCloskey Road by the year 2023 as identified
in the Hollister/San Benito County Regional Traffic Impact Fee (TIF) program.
The widening of Fairview Road from Airline Highway (State Route 25) to McCloskey Road has
been included in the TIF program. The purpose of the TIF program is to implement City and
County roadway improvement projects identified in the San Benito County Traffic Mitigation Fee
Study, based on anticipated regional development identified in the County’s and the Cities’ general
plans.
The water main located on the west side of Fairview Road would not need to be relocated or
expanded as a result of the proposed project, as discussed on page 3.15-2 of the Draft EIR.
3.0-28
Public Hearing Transcript (PH)
Fairview Corners Specific Plan Draft EIR Public Hearing, November 9, 2011
Oral Comments
Speaker: Tony Ruiz

I do want to comment regarding part of the problem that I see and that is for this project to be associated
with a community college I think thats a disaster and Ill explain that. If this was a project with 700 to
1,000 units, high density, small footprint, with all the other amenities that you mentioned, I wouldnt be
here tonight because I would conclude that that is truly the definition of an urban village. Especially, the
opportunity for retail not only for this project but for Ridgemark and all that traffic that comes from the
south, I think that that would be a good project. I support the Varela project, maybe not in its design, but
at least the concept because they at least have 1,000 units. The risk factor for urban villages begins to drop
only after 900 to 1,000 units if its designed correctly. It is very difficult for projects like this to sell on the
current market. The problem I have with people that come up with these projects is that they seem to be
waiting for the market that existed before the housing bust to come back and its not going to come back.
The main reason is that these projects are not sustainable. For you to let this project go through would do
the same thing. Youre increasing the cost of sustaining this project and reducing the income source,
which are mainly taxes, and retail, and so on, and that is not sustainable. Forty, 50 years from now when
you have to redo a lot of this infrastructure, youre not going to have the money for it and thats what the
trouble is in this country. Fortunately, many other states have recognized this and unfortunately,
California is one of the last where were still building some real messy projects even though I see a lot of
change in attitude, for example in the San Jose area with all the cities that want to develop the Camino
Real and also the general plan thats being adopted by San Jose that shows some real progress.
I want to tell you something about this project. First, this project is too small. It doesnt need very many
you know San Benito County has the second highest foreclosures per capita in the state of California.
1
Thats terrible. All youre doing is promoting sprawl. If it were 1,000 units I think it could probably work
as an urban village. The other thing that Im really upset with is how this County has sat back as if they
have no power to let the College go ahead and work out their scheme with these developers. The
Chancellors office couldnt even tell me the last time they built a full college needing this much land. The
last fully designated college was Woodland and thats been there for 40 years and has already become
more of an urban college. A college does not belong out there. It should be an urban college. And in fact,
what theyre doing across the nation now is putting colleges right next to high schools so that the
students can start taking college classes as freshmen so that they can finish up to two years of college by
3.0-29
the day they graduate from high school, and then 25 percent of the students finish two years of college
before they even start their senior year. This is the model thats being used today. This model that
[unintelligible] adopted before I got on the Board, thats a 1960s model when they were building
community colleges all over the place. Thats not whats happening. Were building urban colleges within
the urban core. And the reason for that is that transportation costs are the second highest cost for a family
of four, the infrastructure has gone through the roof, and many other reasons. Students should be able to
walk to school, bike to school, take public transportation. And the last thing I want to tell you is that
demographics have changed. This thing is not an affordable project. All surveys show that there is an
urbanization in America. The students graduating from college the professionals theyre moving to
urban areas places like Portland, Seattle, Chicago, New York, or wherever theres an urban area thats
affordable where jobs are and not have to have a car. Thats the trend. Even senior citizens are getting
away from these self contained communities and moving into small towns with open land around them
where they can be with people of all ages and walk and be part of the cultural activities in the city. In the
projects I saw, they need to be not only mixed use but mixed generation, mixed income. This doesnt fit
the bill. You might have some renters, but I think its a terrible project and Im pro growth. You can
imagine someone whos not pro growth, how they feel about this, and in terms of what they did to
Ridgemark, 250 units across with a college, just sinks the prices and who would want to live out there?
The reason that anyone would want to buy in Ridgemark, the reason they bought there would be gone.
And then its dangerous out there. With a much bigger development you could make a lot of
improvements, so Im just completely against this project as its designed, although I think that if they
reconsidered and you took the land back from Gavilan you could have a very nice village connected very
well with Ridgemark Thank You. And by the way, my position on Ridgemark was well stated publicly
before I got on the Board so Im not here to talk for the College. I think some of you know that. They
made some terrible errors regarding land purchasing. Anybody that would put a college at the end of a
runway can tell you that they dont have it together and end up with a 20 million dollar 30 acres on land
that cant be built on until after 2040 and even then its an industrial zone. So what theyre doing here is
just an example of what theyve done elsewhere.
Speaker: Russell Bustos
I agree with the gentleman who just spoke. My names Russell Bustos, I live in Cielo Vista across the
street. Im totally against it for the values of the homes in our area. I moved out there from town to get
2
away from all the problems because we have a lot of gang problems in our areas in town and I moved
away, so Im totally against it. I wouldnt mind if they did some other development with that land to tie
in with Ridgemark and Cielo Vista and Stonegate, to tie it all in to make it a nice area to live.
3.0-30
RESPONSES TO ORAL COMMENTS
Response to Comment PH-1
The commenter’s opposition to the project as proposed is noted. These comments will be considered
by the County Board of Supervisors at the time that the Board considers the project for approval or
denial.
Response to Comment PH-2
The commenter’s opposition to the project is noted. These comments will be considered by the
County Board of Supervisors at the time that the Board considers the project for approval or denial.
3.0-31
4.0
MITIGATION MONITORING AND
REPORTING PROGRAM
The California Environmental Quality Act (CEQA) requires that a Lead Agency establish a program
to monitor and report on mitigation measures adopted as part of the environmental review process
to avoid or reduce the severity and magnitude of potentially significant environmental impacts
associated with project implementation. CEQA (Public Resources Code Section 21081.6 (a) (1))
requires that a Mitigation Monitoring and Reporting Program (MMRP) be adopted at the time that
the public agency decides to approve a project for which an EIR has been prepared, to ensure that
mitigation measures identified in the EIR are fully implemented.
The MMRP for the Fairview Corners Residential Specific Plan is presented in Table 4.0-1,
Mitigation and Monitoring Reporting Program. Table 4.0-1 includes the full text of projectspecific mitigation measures identified in the Final EIR. The MMRP includes the following:
Significant Impact: Identifies the Impact Number and statement from the Final EIR.
Mitigation Measure: Provides full text of the mitigation measure as provided in the Final EIR.
Monitoring/Reporting Action(s): Designates responsibility for implementation of the mitigation
measure and when appropriate, summarizes the steps to be taken to implement the measure.
Mitigation Timing: Identifies the stage of the project during which the mitigation action will be
taken.
Monitoring Schedule:
implementation.
Specifies
procedures
for
documenting
and
reporting
mitigation
The County of San Benito may modify the means by which a mitigation measure will be
implemented, as long as the alternative means ensure compliance during project implementation.
4.0-1
4.0
MITIGATION MONITORING
AND
REPORTING PROGRAM
The responsibility of mitigation implementation lies with the applicant/developer. However, the
responsibilities for monitoring and reporting extend to the County. The manager or department lead
of the identified unit or department will be directly responsible for ensuring the responsible party
complies with the mitigation. The Planning and Building Department is responsible for the overall
administration of the program and for assisting relevant departments and project managers in their
oversight and reporting responsibilities. The Planning and Building Department is also responsible
for ensuring the relevant parties understand their charge and complete the required procedures
accurately and on schedule.
4.0-2
Table 4.0-1
Mitigation Monitoring and Reporting Program
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
AESTHETICS AND VISUAL RESOURCES
Impact AES-1: The
project would result in
MM AES-1: The frontage landscaping along Applicant/
Fairview
Road
shall
be
generally Developer
County of San
Project
Confirm and
Benito Planning
design and
document
the development of
implemented as shown within the Specific
rural land that is in the
foreground of a view of
Plan Figure 17 (Existing and Typical Future
Fairview Road Sections), and for the sound
and Building
Department shall
review
process
during
building
the Diablo mountain
range as viewed from
wall, if required, and in accordance with all
applicable policies within Article 2, Land
Fairview Road and
public streets within the
Use; Article 3, Circulation Plan; Article 4,
Community Design; and Article 6, Public
Cielo Vista residential
subdivision to the west.
Facilities, of the Specific Plan as well as the
project’s Street Improvement and Streetscape
Project development
Master Plan and Open Space and Parks
would alter the
character of the view,
Master Plan (as may be amended). Further,
the timing of implementation shall be in
as well as obscure
views of the Diablo
accordance with Article 7 of the Specific
Plan (Implementation Plan).
oversee
compliance with
permit
review and
design guidelines
project
construction
mountain range from
public viewing areas
along Fairview Road.
4.0-3
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
AESTHETICS AND VISUAL RESOURCES (continued)
Impact AES-2: The
project would result in
a substantial change in
the visual character of
the project site.
MM AES-2: The project developer shall Applicant/
comply with all development standards and Developer
County of San
Project
Confirm and
Benito Planning
design and
document
design guidelines found in Article 4.0 of the
and Building
Department shall
review
process
during
building
Fairview Corners Specific Plan (Community
Design). Compliance with Article 4.0 shall
be subject to the review and approval of the
County in accordance with Article 7.0 of the
oversee
compliance with
permit
review and
design guidelines
project
construction
Specific Plan (Implementation Plan), as part
of the project’s design and site review
process.
Impact AES-3: The
proposed project would
MM AES-3: The project developer shall be Applicant/
required to submit an exterior lighting plan Developer
introduce new sources
of light and glare that
for all subsequent development approval
requests (e.g., subdivision maps, use permits,
could adversely affect
properties in adjacent
design review) pursuant to Article 7 of the
Specific Plan (Implementation Plan).
areas.
County of San
Project
Confirm and
Benito Planning
and Building
design and
review
document
during
Department shall
oversee
process
building
permit
compliance with
County Code
review and
project
construction
4.0-4
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
AESTHETICS AND VISUAL RESOURCES (continued)
Impact AES-3
Said
lighting
(continued)
conformance
plan
with
shall
the
demonstrate
Specific
Plan,
development
standards
and
design
guidelines with regard to exterior lighting as
stated in Article 4.0 of the Specific Plan
(Community Design), as well as with the
Project’s Lighting Master Plan (as it may be
amended), and Title 19, Chapter 19.31 of the
County Code.
Impact AES-4: The
project, in combination
Implement MM AES-1, AES-2, and AES-3.
See above
See above
See above
See above
with other past, present
and reasonably
foreseeable, probable
future projects along
the Fairview Road
corridor, may result in
a cumulative impact on
visual resources.
4.0-5
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
AGRICULTURAL RESOURCES
Impact AG-2: The
project would not likely
place development
MM AG-2: Open space buffers shall be Applicant/
maintained along the eastern perimeter of Developer
County of San
Project
Confirm and
Benito Planning
design and
document
the project site, as generally shown on the
and Building
Department shall
review
process
during
building
pressure on abutting
parcels zoned as
Specific Plan Figure 9, Open Space
Diagram, incorporated in accordance with
“Rural” to convert to
nonagricultural use.
Phasing Plan. The required treatment of
urban pollutants and application of
However, there could
pesticides on the project site shall be
be potential urbanagricultural conflicts
implemented in accordance with all
applicable policies within Article 5
that could place
pressure on abutting
(Resource Management) of the Specific
Plan, and with the project’s Open Space and
parcels to change
agricultural practices.
Parks Master Plan (as may be amended), as
well as other applicable standards and
confirm that open
space buffers are
permit
review and
provided
project
construction
requirements.
4.0-6
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
AIR QUALITY
Impact AQ-1: Shortterm constructiongenerated emissions
could exceed
MBUAPCD
significance thresholds
and could be
MM AQ-1a: The developer shall reduce Applicant/
exhaust NOx and particulate matter Developer
Monterey Bay
Project
Completion
Unified Air
design and
of plan prior
emissions by implementing one of the
Pollution Control
District shall
review
process
to
construction
following measures:
1. The project shall prepare and implement
inconsistent with the
AQMP.
a plan, acceptable to the MBUAPCD,
demonstrating that the heavy-duty (> 50
horsepower) off-road vehicles and
equipment to be used to construct the
project, including owned, leased and
oversee
preparation and
and
compliance
implementation of
with plan
off-road vehicle
plan
during
construction
subcontractor vehicles, shall achieve a
minimum project wide fleet-average 20
percent NOx reduction and 45 percent
particulate reduction, in compliance with
the then-most recent MBUAPCD
standards and CARB fleet average that
are in effect at the time of construction;
or
4.0-7
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
During
construction
Confirm and
document
AIR QUALITY (continued)
Impact AQ-1
(continued)
2. The
developer
shall
prepare
and
implement a plan, acceptable to the
MBUAPCD, demonstrating that all offroad construction vehicles/equipment
greater than 50 horsepower that will be
used on site for more than one week
shall: 1) be manufactured during or after
1996, 2) shall meet the NOx emissions
standard of 6.9 grams per brakehorsepower hour or better, and 3) shall
be equipped with CARB-verified level 2
or 3 diesel particulate matter filters.
MM AQ-1b: The developer shall install and Applicant/
maintain temporary electrical service on the Developer
site whenever possible to avoid the need for
County of San
Benito Planning
and Building
during
independently powered equipment (e.g.,
compressors) during construction of the
Department shall
confirm use of
project
construction
project.
electrical service
during
construction
4.0-8
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact AQ-1
(continued)
MM AQ-1c: The developer shall prohibit Applicant/
diesel equipment or vehicles from idling for Developer
County of San
During
Confirm and
Benito Planning
construction
document
longer than 5 minutes, except for rotating (Construction
drum concrete trucks, which may keep their Superintendent)
and Building
Department shall
during
project
engines running continuously so long as they
confirm adequate
signage
construction
are staged more than 200 feet away from
residences. The developer shall install clearly
visible signage on the construction site that
states these requirements.
MM AQ-1d: The developer shall ensure that Applicant/
construction equipment and vehicles are Developer
properly maintained for low emissions.
(Construction
Superintendent)
County of San
During
Confirm and
Benito Planning
construction
document
and Building
Department shall
during
project
confirm
documentation of
construction
construction
vehicles
4.0-9
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact AQ-1
(continued)
MM AQ-1e: The developer shall ensure that Applicant/
all large diesel powered vehicles and Developer
County of San
During
Confirm and
Benito Planning
construction
document
equipment are staged at least 200 feet from (Construction
Superintendent)
any residences.
and Building
Department shall
during
project
confirm staging of
construction
construction
equipment
MM AQ-1f: In addition to implementing Applicant/
Mitigation Measures MM AQ-1a through 1e Developer
above, the developer shall implement best- (Construction
County of San
During
Confirm and
Benito Planning
and Building
construction
document
during
available control measures for the control of Superintendent)
Department shall
oversee
construction-related emissions from the
project, as set forth in the then-applicable
MBUAPCD’s CEQA Guidelines. For
example, such mitigation measures may
project
construction
compliance with
best-available
control measures
include the following:

Water all active construction areas at
least twice daily. Frequency should be
based on the type of operation, soil, and
wind exposure.

Prohibit all grading activities during
periods of high wind (over 15 mph).
4.0-10
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact AQ-1

Apply
chemical
soil
stabilizers
on
inactive construction areas (disturbed
lands within construction projects that
(continued)
are unused for at least four consecutive
days).

Apply non-toxic binders to exposed
areas after cut and fill operations and
hydroseed area.

Maintain at least 2 feet of freeboard on
haul trucks.

Cover all trucks hauling dirt, sand or
loose materials.

Plant the windbreaks on the windward
perimeter of construction projects if
adjacent to open land.

Plant vegetative cover in disturbed areas
as soon as possible.
4.0-11
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact AQ-1

Cover inactive storage piles.
(continued)

Install wheel washers at the entrance to
construction sites for all existing trucks.

Pave all roads on construction sites.

Sweep streets if visible soil material is
carried out from the construction site.

Post a publicly visible sign that specifies
the telephone number and person to
contact regarding dust complaints. This
person shall respond to complaints and
take corrective action within 48 hours.
The phone number for the Monterey Bay
Unified Air Pollution Control District
shall be visible to ensure compliance
with Rule 402 (Nuisance).

Limit the area under construction at any
one time.
Also implement MM GEO-1 and MM See below
See below
See below
See below
GEO-3.
4.0-12
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
BIOLOGICAL RESOURCES
Impact BIO-2:
Implementation of the
MM BIO-2a: Prior to issuance of any Applicant/
grading permit on the project site, the Developer (Project
U.S. Fish and
Prior to
Confirm and
Wildlife Service
issuance of
document
proposed project may
developer shall obtain Incidental Take Biologist)
have a substantial
adverse effect, either
Authorization from the USFWS and the
CDFG (if required). Incidental Take
and California
Department of
grading
permit
prior to
grading and
directly or through
habitat modification, on
Authorization will require the identification
and implementation of measures suitable to
several wildlife species
identified as a
avoid, minimize, or compensate for impacts
candidate, sensitive,
endangered, threatened
to the species and its habitat, which are
acceptable to USFWS and CDFG. To
or other special-status
mitigate for the loss of aestivation and
dispersal habitat, the developer shall procure
species in local or
regional plans, policies,
a conservation easement for land at a
minimum of 1:1 ratio of project site impact
or regulations, or by the
California Department
area to compensation habitat area, or in such
other ratio as required by USFWS and
of Fish and Game or
U.S. Fish and Wildlife
CDFG.
Service (California tiger
salamander, San
Compliance with
one
of
Fish and Game (if
required) shall
construction
oversee
compliance with
habitat mitigation
strategies
the
following off-site mitigation strategies shall
be followed, or as otherwise required by
USFWS and CDFG:
Joaquin kit fox,
4.0-13
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
BIOLOGICAL RESOURCES (continued)
Impact BIO-2
a. Off-site upland habitat mitigation. The
(continued)
developer
American badger,
aestivation habitat at a minimum of a 1:1
ratio of project site impact area to
burrowing owl,
western spade toad,
nesting and migratory
raptors and birds).
shall
procure
off-site
compensate for loss of habitat area. Offsite mitigation may include sites with
occupied upland habitat or sites with
upland habitat known to be occupied
and
occupied
aquatic
habitat.
Conservation easements shall be offered
for dedication to a suitable preservation
entity, to be preserved and managed in
perpetuity. Additionally, if the accepted
mitigation site is located within the range
of the San Joaquin kit fox and supports
suitable habitat for this species as well,
the same mitigation site may be utilized
to meet the mitigation requirement for
this species as well.
4.0-14
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact BIO-2
b. Off-site upland habitat mitigation and
(continued)
limited on-site mitigation. The developer
shall procure off-site upland habitat at a
minimum of a 1:1 ratio of project site
impact area to compensation habitat
area. The developer shall also preserve
on-site the area in which the former
stock pond was located, including, but
not limited to, observance of a biological
conservation easement of not less than a
100-meter radius around the former
stock pond, fencing of said area, and
installation of low-level lighting.
4.0-15
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact BIO-2
(continued)
MM BIO-2b: Prior to construction activities Applicant/
for each phase of development, the Developer (Project
County of San
Prior to
Confirm and
Benito Planning
construction
document
developer shall provide to the County of San Biologist)
and Building
Department shall
activities for
each phase
prior to
grading and
oversee
compliance with
of
development
construction
Benito, evidence of compliance with
Incidental Take Authorization conditions of
approval for CTS and Western Spadefoot
Toad as prescribed by the USFWS and the
CDFG (as may be required). The Incidental
Take Authorization conditions of approval
may include the following or similar
Incidental Take
Authorization
conditions of
approval
preconstruction survey requirements:
For CTS: Prior to ground disturbance of the
project site and as directed by the Project
Biologist, temporary barriers are constructed
along the limits of the disturbance areas to
prevent the movement of the CTS into the
area. This measure, if required by the
USFWS would be performed by a qualified
biologist (Project Biologist) retained by the
developer and may include the following
elements.
4.0-16
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact BIO-2
Barriers typically consist of 3-foot-tall silt
(continued)
fencing with the bottom edge buried to a
depth of at least 6 inches below the soil
surface, held in place by rigid stakes or other
stable means. Silt fence fabric may also be
installed on any swinging gates or other
movable sections of temporary construction
fencing. Fence fabric installed on gates and
movable sections of fence are draped onto
the ground surface to form a continuous
barrier to CTS access. All barriers would
remain in place until all development
activities within the disturbance area have
been completed. Said barriers shall be
inspected, maintained, and repaired by the
developer as necessary to ensure continuous
functionality. For Western spadefoot toad:
Preconstruction
survey(s)
would
be
conducted during the spring season prior to
construction or within 30 days prior to the
onset of construction activities (if they are to
begin in Spring).
4.0-17
4.0
AND
Impact
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact BIO-2
The Survey would be performed by a
(continued)
qualified
biologist
(Project
Biologist)
retained by the developer to first determine
the presence of either species, and may
include measures similar to the following: If
there is any lapse in construction activity,
new surveys must be conducted prior to the
re-initiation of construction activity. If this
species is not detected during the survey(s),
then no further mitigation would be
required. However, if western spadefoot is
found within the project area during the
survey(s), then passive relocation techniques
would be employed by the applicant to
transfer the individuals from the project area
to
an
appropriate
off-site
location.
Consultation with the CDFG would be
required prior to relocating individuals to
determine an appropriate off-site location(s)
and techniques for relocation to be
employed.
4.0-18
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact BIO-2
(continued)
MM BIO-2c: Prior to ground disturbance of Applicant/
the project site, a temporary barrier shall be Developer (Project
constructed
along
the
limits
of
the Biologist)
disturbance area, to prevent the movement
of the CTS into the area. The barrier shall
consist of 3-foot-tall silt fencing with the
bottom edge buried to a depth of at least 6
County of San
Prior to
Confirm and
Benito Planning
ground
document
and Building
Department shall
disturbance
prior to and
of the project during
oversee
implementation of
site
grading and
construction
temporary barrier
inches below the soil surface, held in place
by rigid stakes or other stable means. Silt
fence fabric shall also be installed on any
swinging gates or other movable sections of
temporary construction fencing. Fence fabric
installed on gates and movable sections of
fence shall drape onto the ground surface to
form a continuous barrier to CTS access.
Installation of silt fencing and fence fabric
shall be supervised by a qualified biologist,
who shall be retained by the developer and
approved by the County.
4.0-19
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact BIO-2
Said barriers shall remain in place until all
(continued)
development
activities
within
the
disturbance area have been completed. Said
barriers shall be inspected, maintained, and
repaired by the developer as necessary to
ensure continuous functionality.
MM BIO-2d: Any netting or coir rolls used Applicant/
for erosion control or other purposes during Developer
County of San
Prior to
Confirm and
Benito Planning
issuance of
document
the construction of the project shall be of (Construction
tightly woven natural fiber or similar bio Contractor)
and Building
Department shall
grading
permit
prior to
grading and
degradable material to ensure that the CTS
verify netting
specification
do not get trapped within the netting. Plastic
monofilament netting (erosion control
construction
matting) or similar material shall not be
used. This netting specification shall be
incorporated within the bid and construction
documents for the project.
4.0-20
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact BIO-2
(continued)
MM BIO-2e: The developer shall pay the Applicant/
mitigation fee per County Ordinance 541 Developer
County of San
Prior to
Confirm and
Benito Planning
issuance of
document
(San Benito County Code, Chapter 19.19),
and Building
Department shall
grading
permit
prior to
issuance of
which would pay towards the preparation of
the San Benito County HCP that is being
developed to mitigate impacts for all
federally listed species, including the San
collect fee from
Project Applicant
certificates
of
occupancy
Joaquin kit fox.
MM BIO-2f: A pre-construction survey shall Applicant/
be conducted by a qualified biologist for Developer (Project
burrowing owls within 30 days of the onset Biologist)
County of San
No earlier
Confirm and
Benito Planning
and Building
than 30 days
prior to
document
prior to
of construction, in accordance with methods
Department shall
oversee
commencement of
grading
implementation of
pre-construction
grading
described in the Staff Report on Burrowing
Owl Mitigation (CDFG 1995). Any
occupied burrows shall be mapped on an
aerial photo. At least 15 days prior to the
expected start of any project-related ground
disturbance activities, or restart of activities,
survey
recommendations
the developer shall provide the burrowing
owl survey report and mapping to the
CDFG.
4.0-21
4.0
AND
Impact
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact BIO-2
If construction is delayed or suspended for
(continued)
more than 30 days after the survey, the area
shall be re-surveyed. If no burrowing owls
are detected during the preconstruction
surveys, then no further action is necessary.
Based on the burrowing owl survey results,
the following actions shall be taken by the
developer to avoid impacts
construction (as outlined in
during
CDFG
guidance):
If pre-construction surveys undertaken
during the breeding season (February 1
through August 31 (CDFG 1995)) locate
active nest burrows within or near
construction zones, these nests, and an
appropriate buffer around them (as
determined by a qualified biologist approved
by the CDFG), must remain off-limits to
construction until the breeding season is
over. The CDFG typically recommends
setbacks from occupied nest burrows of at
least 75 meters (approximately 246 feet).
4.0-22
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact BIO-2
If
pre-construction
surveys
undertaken
(continued)
during the non-breeding season (September 1
through January 31) locate occupied
burrows within or near construction zones,
then resident owls may be passively
relocated to alternative habitat. The
relocation of resident owls shall be in
accordance with a relocation plan prepared
by the qualified biologist and in consultation
with the CDFG. The relocation plan shall
provide for the owl’s relocation to nearby
lands possessing available nesting and
foraging habitat and shall be in accordance
with the protocol outlined in the Staff Report
on Burrowing Owl Mitigation (CDFG
1995).
In the event that active nests are found
during
pre-construction
surveys,
compensatory suitable habitat at the rate of
6.5 acres per pair of owls shall be identified
and placed under a construction easement by
the developer.
4.0-23
4.0
Impact
AND
REPORTING PROGRAM
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
MM BIO-2g: Pre-construction surveys for Applicant/
badger dens and burrows shall occur Developer (Project
County of San
No earlier
Confirm and
Benito Planning
than 30 days
document
concurrently with burrowing owl and kit fox Biologist)
and Building
Department shall
prior to
commence-
prior to
grading
construction activities.
oversee
implementation of
ment of
grading
If active dens or burrows are present on or
pre-construction
Mitigation Measure
Impact BIO-2
(continued)
surveys to ensure that no occupied dens or
burrows are present within or near project
immediately adjacent to (i.e., within 300 feet
of) the disturbance area, a buffer, within
which no construction activity shall be
survey
recommendations
permissible, shall be maintained during the
pupping season (i.e., February 15 through
July 1, or as otherwise determined through
surveys and monitoring of the den). The size
of the buffer shall be determined by a
qualified biologist in consultation with the
CDFG but shall be no less than 300 feet. A
biological monitor shall be present on-site
during construction activities to ensure the
buffer is adequate to avoid direct impacts to
individuals as well as nest abandonment.
4.0-24
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact BIO-2
The on-site monitor shall be necessary until
(continued)
it is determined that young are of an
independent age and construction activities
would not harm individual badgers. Once it
has been determined that badgers have
vacated the project site, the burrows could be
collapsed
or
excavated,
and
ground
disturbance could proceed. Any dens
determined to be occupied, but which cannot
be avoided through construction timing or
activity buffers, may be vacated during the
non-pupping season by a qualified biologist
using the procedures identified in MM BIO2f above, in consultation with the CDFG.
If no active dens or burrows are found
during the preconstruction surveys, then no
further mitigation is necessary.
4.0-25
4.0
AND
REPORTING PROGRAM
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
MM BIO-2h: No more than 30 days prior to Applicant/
commencement of grading or construction Developer (Project
County of San
No earlier
Confirm and
Benito Planning
than 30 days
document
activities occurring within 250 feet of trees Biologist)
and Building
Department shall
prior to
commence-
prior to
grading
oversee
implementation of
ment of
grading
Impact
Mitigation Measure
Impact BIO-2
(continued)
located adjacent to the project site and
within the agricultural land on-site, the
developer shall retain a qualified biologist to
conduct tree and agricultural land surveys to
determine if active nest(s) of protected birds
and raptors (white tailed kite, northern
harrier, and loggerhead shrike) are present in
pre-construction
survey
recommendations
the trees or on the ground. Surveys shall
include searches of all potential nest sites,
including snags, shrubs, ground, buildings,
and other structures. Two surveys shall be
conducted, at least one week apart, with the
second survey occurring no more than two
days
prior
to
vegetation
removal
or
construction activities.
4.0-26
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact BIO-2
Areas within 250 feet of the construction
(continued)
zone that are not within the control of the
developer shall be observed from the project
site.
If active nest(s) are found, the USWFS
and/or the CDFG (as appropriate) shall be
notified regarding the status of the nest(s).
Furthermore, construction activities shall be
restricted as necessary to avoid disturbance
of the nest(s) until they are abandoned or the
qualified biologist deems disturbance
potential to be minimal. Restrictions may
include establishment of exclusion zones (no
ingress of personnel or equipment at a
minimum radius of 250 feet around an active
raptor nest and 100 feet around an active
non-raptor migratory bird nest) or alteration
of the construction schedule.
If construction activities are not scheduled
between March 1 and August 31, no further
mitigation is required, and vegetation
removal or construction activities may
proceed.
4.0-27
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact BIO-6: The
Implement MM BIO-2a through BIO-2h.
See above
See above
See above
See above
MM BIO-7: Prior to issuance of a grading
permit, the developer shall prepare and
implement a landscaping and revegetation
plan for each construction phase in order to
prevent the spread of invasive non-native
species. The plan shall include the following
requirements:
Applicant/
Developer
(Landscape
Architect)
County of San
Benito Planning
and Building
Department shall
oversee
implementation of
landscaping and
revegetation plan
Prior to
issuance of
grading
permit
Confirm and
document
prior to and
during
grading and
construction
project may impede the
use of native wildlife
nursery sites.
Impact BIO-7: The
project would not
conflict with any local
policies or ordinances
protecting biological
resources, except for a
potential conflict with
San Benito County
General Plan Open
Space and
Conservation Element
Policy 6 (invasive plant
species). Therefore, all
impacts except those
related to Policy 6 are
less than significant.
Impacts related to
potential conflicts with
Policy 6 are potentially
significant.
4.0-28

An eradication plan for plants listed on
the Invasive Plant Inventory (Cal-IPC
2007) currently growing on the project
site to be implemented during the
grading phases of the project;

Use of plants listed on the Invasive Plant
Inventory (Cal-IPC 2007) shall be
prohibited;

Exposed soil areas shall be planted,
mulched, or covered between October 15
and the following April 15 each year;
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact BIO-7

Plant materials used in landscaping or
erosion control shall consist of plants
that are included in a list of appropriate
(continued)
native California plants as identified by a
qualified biologist or landscape architect;
and

To prevent erosion and conserve water
during construction, bare soil between
newly installed plant materials shall be
mulched, covered with jute netting, or
seeded with a mix of seeds best suited for
the climate and soil conditions, and
native to the San Benito County region.
Also implement MM HYD-1a.
See below
See below
See below
See below
4.0-29
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact BIO-9: The
Implement MM BIO-2a through BIO-2h, See above
proposed project, in
addition to other past,
BIO-3, BIO-4, BIO-5, BIO-6, and BIO-7.
See above
See above
See above
present, and reasonably
future projects along
the Fairview Road
corridor, may disturb
special-status species,
critical habitats, and
wildlife movement
throughout the region.
CULTURAL RESOURCES
Impact CULT-1:
Development of the
MM CULT-1a: All ground-disturbing Applicant/
activities shall be conducted in accordance Developer
County of San
During
Confirm and
Benito Planning
grading and
document
project could result in
the potential
with Policy RM-7.1 of Article 5.0 of the
Specific Plan (Resource management).
and Building
Department shall
construction
activities
during
grading and
destruction or damage
of cultural resources
oversee
compliance with
(i.e., prehistoric sites,
historic sites, and
design guidelines
construction
isolated artifacts) and
human remains.
4.0-30
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
CULTURAL RESOURCES (continued)
Impact CULT-1
(continued)
MM CULT-1b: In the event that cultural Applicant/
resources are discovered, all work within a Developer
County of San
During
Confirm and
Benito Planning
grading and
document
50-meter radius (165 feet) of the find shall be (Archaeologist)
and Building
Department shall
construction
activities
during
grading and
stopped, the County Planning Department
notified, and a qualified archaeologist (who
meets the Secretary of the Interior’s
Professional Qualifications Standards in
archaeology and/or history) shall be retained
to examine the find and make appropriate
recommendations, including, if necessary,
oversee
implementation of
construction
archaeological
survey
recommendations,
if necessary
feasible mitigation measures to reduce
impacts to a less than significant level as set
forth in Policy RM-7.1 of the Specific Plan,
or as otherwise required by law. Such
measures
may
include
avoidance,
preservation in place, or other appropriate
measures consistent with Public Resources
Code Section 21083.2. The project developer
shall be required to implement the identified
measures for the protection of cultural
resources.
4.0-31
4.0
AND
Impact
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact CULT-1
(continued)
4.0-32
MM CULT-1c: In the event that human Applicant/
remains are discovered, all work within a 50- Developer
meter radius (165 feet) of the find shall be
stopped, the County Planning Department
shall be notified, and the County SheriffCoroner shall be notified according to Public
Resources Code Section 5097.98, as set forth
in Policy RM-7.1, Health and Safety Code
Section 7050.5, and as otherwise required by
law. Subject to any applicable legal process,
duly authorized representatives of the
Coroner and the Planning Department shall
be permitted to enter onto the project site
and take all actions consistent with County
Code Chapter 19.05, Health and Safety
Code Section 7050.5, and Chapter 10
(commencing with Section 27460) of Part 3
of Division 2 of Title 3 of the Government
Code. If the remains are determined to be
Native American, the Coroner shall notify
the Native American Heritage Commission,
and the procedures outlined in CEQA
Guidelines Section 15064.5(d), (e) shall be
followed.
County of San
During
Confirm and
Benito Planning
grading and
document
and Building
Department shall
construction
activities
during
grading and
oversee
implementation of
construction
Coroner
recommendations,
if necessary
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact CULT-2:
Development of the
MM CULT-2: In the event that any Applicant/
previously undiscovered paleontological Developer
County of San
During
Confirm and
Benito Planning
grading and
document
project could result in
resources are discovered, all work within a (Paleontologist)
the potential
destruction or damage
50-meter radius (165 feet) of the finding shall
be
stopped,
the
County
Planning
and Building
Department shall
construction
activities
during
grading and
of paleontological
resources (i.e., fossils,
Department notified, and a qualified
paleontologist retained to examine the find
fossil formations).
and make appropriate recommendations,
including, if necessary, feasible mitigation
measures to reduce impacts to a less than
oversee
implementation of
construction
paleontological
survey
recommendations,
if necessary
significant level. The project developer shall
be required to implement the identified
mitigation measures for the protection of
paleontological resources.
4.0-33
4.0
AND
Impact
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact CULT-3:
Development of the
project combined with
other past, present and
probable future
development in the
could result in the
disturbance of cultural
resources (i.e.,
prehistoric sites,
historic buildings and
isolated artifacts and
features) and human
remains.
Implement MM CULT-1a through CULT- See above
1c.
See above
See above
See above
Impact CULT-4:
Development of the
project combined with
other past, present and
probable future
development in the
could result in the
disturbance of
paleontological
resources.
Implement MM CULT-2.
See above
See above
See above
4.0-34
See above
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
GEOLOGY AND SOILS
Impact GEO-1:
MM GEO-1: Development of the project Applicant/
site shall comply with the then most recent Developer
County of San
Project
Confirm and
Benito Planning
design and
document
project could expose
California Building Code guidelines for (Geotechnical
Seismic Zone 4 to avoid or minimize Engineer)
and Building
Department shall
review
process
during
building
potential damage from seismic ground
oversee
compliance with
people or structures to
potential substantial
adverse effects,
including the risk of
shaking. All plan sets shall include a 135foot Building Exclusion Zone as illustrated
loss, injury, or death
involving rupture of a
in Figure 7 of the Specific Plan (Constraints
known earthquake
fault.
permit
review
California
Building Code
Diagram), with future uses within the
Building Exclusion Zone limited to nonhabitable improvements (e.g., roadway
improvements, parks, open space, buffers,
trails, etc.) and all recommendations
included in the 1989 fault investigation and
in the 2008 geotechnical investigation
prepared by Terrasearch, Inc. will be
incorporated into the project design to the
extent determined appropriate by
County,
in
consultation
with
the
the
geotechnical consultant.
4.0-35
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
GEOLOGY AND SOILS (continued)
County of San
Project
Confirm and
ground shaking
occurring on the project Building Code standards and requirements (Geotechnical or
site during a major
for Seismic Zone 4 to avoid or minimize Structural Engineer)
Benito Planning
design and
document
and Building
Department shall
review
process
during
building
earthquake may cause
potential damage from seismic ground
severe damage to future
buildings and other
shaking, as well as recommendations set
forth in the site-specific geotechnical report
oversee
compliance with
improvements
required under MM GEO-1. Design plans
constructed as part of
the project, and
shall be subject to review and approval by
the appropriate design professional (i.e.,
therefore may expose
people and structures to
geotechnical engineer, structural engineer)
and the County as required.
Impact GEO-2: Strong
MM GEO-2: Development of the project Applicant/
shall comply with the then-current California Developer
permit
review
California
Building Code
substantial adverse
effects.
4.0-36
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact GEO-6: Project MM GEO-6: The project developer shall Applicant/
grading and removal of comply with the policies found in Article 2.0 Developer
County of San
Prior to
Confirm and
Benito Planning
issuance of
document
vegetation may result
(Land Use) and Article 5.0 (Resource
in soil exposure,
increased erosion and
Management) of the Fairview Corners
Residential Specific Plan. Grading and
and Building
Department shall
grading
permit;
during
grading,
During
sedimentation of
downstream water
ground disturbance on the site shall be
implemented as shown on the Specific Plan
oversee
compliance with
building
permit
bodies.
Figure
22,
Conceptual
Cut
and
implementation
construction
plan
Fill
review, and
construction
Diagram, and the required treatment of
urban pollutants and application of
pesticides on the project site shall be
implemented in accordance with all
applicable policies within Article 5, Resource
Management as well as the project’s Grading
Master Plan (as may be amended). Further,
the timing of implementation shall occur in
accordance with Article 7 of the Specific
Plan (Implementation Plan).
Also implement MM GEO-1, AQ-1, HYD- See above and
See above and
See above
See above
1a and HYD-1b.
below
and below
and below
below
4.0-37
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact GEO-7:
Expansive soils present
on the project site may
cause movement or
heaving, potentially
resulting in damage to
foundations, concrete
pads, and pavements.
Implement MM GEO-1.
Impact GEO-8: The
soils on the project site
may not be capable of
adequately supporting
the use of septic tanks.
MM GEO-8: In the event the developer
seeks approval to use septic systems to serve
a portion of the project, all of the following
requirements shall apply:
4.0-38
See above
Applicant/
Developer
(Environmental
Health Specialist or
1. Use of septic systems shall be permitted Environmental
only if soil suitability can be Engineer)
demonstrated
to
the
County’s
satisfaction and the developer has
obtained any and all required permits,
entitlements, and approvals from
relevant agencies to use septic systems
on the project site. The developer shall
comply with any space constraints
imposed on the proposed lot by County
and Regional Water Quality Control
Board regulations for the location and
placement of septic systems on the site.
See above
See above
See above
County of San
Benito
Environmental
Health
Department and
Public Works
Department shall
oversee soil profile
analysis
Prior to
approval of
subdivision
map
Confirm and
document
during
building
permit
review
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact GEO-8
2. Use of septic systems shall be consistent
with
(continued)
the
adopted
Hollister
Water/Wastewater Master Plan and the
County’s requirements for the use,
design, and construction of septic
systems, and applicable requirements of
the Regional Water Quality Control
Board.
3. The developer shall retain a qualified
environmental
health
specialist
or
registered engineer to perform testing on
each proposed lot, which shall include at
least one soil profile analysis around a
minimum of three percolation test holes
spread out in the proposed location for
the leachfield. Percolation testing shall
adhere to the then-current federal
Environmental
Protection
Agency
(EPA) methodology.
4.0-39
4.0
AND
Impact
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact GEO-8
Said analysis shall be submitted to the
(continued)
County
Environmental
Health
Department
and
Public
Works
Department for their approval as part of
the subdivision map process for the lots
being proposed to be served by septic
systems.
Prior
to
commencing
the
analysis, the developer shall give the
County
Environmental
Health
Department and the Public Works
Department a minimum of 48 hours’
notice so that County staff may observe
the testing.
4. Soils testing and the use of septic systems
shall comply with all applicable
standards and requirements, including,
without limitation, those of the County,
the Hollister Water/Wastewater Master
Plan, and the Regional Water Quality
Control Board.
4.0-40
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Implement MM AG-2, HYD-1a, and HYD- See above and
See above and
See above
See above
1b.
below
below
and below
and below
Implement MM AG-2.
See above
See above
See above
See above
Impact
Mitigation Measure
HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: The
project may create a
significant hazard to
the public or the
environment through
the routine transport,
use, or disposal of
hazardous materials or
through reasonably
foreseeable upset and
accident conditions
involving the release of
hazardous materials
into the environment.
Impact HAZ-2: The
project site is located
more than one-quarter
mile from existing
schools, but within
one-quarter mile of a
proposed school.
4.0-41
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
HYDROLOGY AND WATER QUALITY
Impact HYD-1: Site
preparation, grading,
MM HYD-1a: The project developer shall Applicant/
comply with the policies found in Article 2.0 Developer
and construction
activities associated
(Land Use) and Article 5.0 (Resource
Management) of the Fairview Corners
with the project have
the potential to degrade
Residential Specific Plan. Grading and
ground disturbance on the site shall be
water quality in
downstream water
implemented in accordance with the
project’s approved Grading Master Plan and
bodies, in particular,
the San Benito River,
as generally shown on Figure 22
(Conceptual Cut and Fill Diagram). For the
which is already
required treatment of urban pollutants and
impaired.
application of pesticides on the project site,
the developer shall comply with all
County of San
Prior to
Confirm and
Benito Planning
and Building
issuance of
grading
document
prior to
Department shall
oversee
permit
issuance of
grading
implementation of
grading plan
permit
applicable policies in Article 5.0 (Resource
Management) as well as the project’s
approved Grading Master Plan.
4.0-42
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
HYDROLOGY AND WATER QUALITY (continued)
Impact HYD-1
(continued)
MM HYD-1b: In accordance with the Applicant/
applicable law and with Specific Plan Developer
Policies RM-3.1, RM-4.3, RM-6.1 (and
related implementation measures), the
developer shall prepare a Stormwater
Pollution Prevention Plan (SWPPP), which
shall be approved by the County Public
Works Department and which shall address
County of San
Prior to
Confirm and
Benito Public
Works
issuance of
grading
document
prior to
Department shall
oversee
permit
issuance of
grading
implementation of
SWPPP
permit
stormwater
management
during
the
construction phase of the project. The
SWPPP shall be consistent with RWQCB
standards and NPDES permit requirements,
and shall list BMPs, which specify how
stormwater discharges would be controlled
to protect water quality during the course of
construction. Said BMPs may include,
without limitation, the following:
1. Schedule earthwork to occur primarily
during the dry season to prevent most
runoff erosion.
4.0-43
4.0
AND
Impact
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact HYD-1
(continued)
2. Protect drainages and storm drain inlets
from sedimentation with berms or
filtration barriers, such as filter fabric
fences, hay bales, or straw wattles.
3. Divert runoff from exposed slopes to
on-site sediment basins before the runoff
is released off site.
4. Install gravel construction entrances to
reduce
tracking
of
sediment
onto
adjoining streets.
5. Sweep
on-site
paved
surfaces
and
surrounding streets daily to collect
sediment before it is washed into the
storm drains, the San Benito River or
Santa Ana Creek.
6. After construction is completed, clean all
drainage
culverts
of
accumulated
sediment and debris.
4.0-44
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact HYD-1
7. Stabilize stockpiles of topsoil and fill
material by watering daily, or by the use
of chemical agents.
(continued)
8. Store all construction equipment and
material in designated areas away from
waterways and storm drain inlets.
Surround construction staging areas with
earthen berms.
9. Wash and maintain equipment and
vehicles in a separate bermed area, with
runoff directed to a lined retention basin.
10. Collect construction waste daily and
deposit in covered dumpsters.
Also implement MM GEO-1, GEO-6, and See above
See above
See above
See above
AQ-1.
4.0-45
4.0
AND
Impact
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact HYD-2:
MM HYD-2a: The master developer shall Applicant/
County of San
Prior to
Confirm and
Operational activities
submit a Grading Master Plan, to be Developer
Benito Public
issuance of
document
associated with the
approved by the County Public Works
Works
grading
prior to
proposed project have
Department
Department shall
permit
issuance of
the potential to degrade
applicable timing and content requirements
oversee
grading
water quality in
set forth in the Specific Plan.
implementation of
permit
downstream water
in
accordance
with
the
grading plan
bodies, in particular
San Benito River,
which is already
impaired.
4.0-46
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact HYD-2
(continued)
MM HYD-2b: The master developer shall Applicant/
prepare a Storm Drainage Master Plan, to be Developer (Project
approved by the County Public Works Engineer)
County of San
Prior to
Completion
Benito Public
Works
issuance of
grading
of plan prior
to grading
Department
Department shall
oversee
permit
and
compliance
in
accordance
with
the
applicable timing and content requirements
set forth in the Specific Plan, including,
without limitation, the policies for the
implementation of BMPs and LID as stated
implementation of
storm drainage
with plan
during
plan
grading
in Article 5.0 of the Specific Plan (Resource
Management) (Policies RM-4.1, RM-4.2,
and RM-4.3). The Storm Drainage Master
Plan shall identify the size, location and
timing of all major drainage facilities
proposed for the project site relative to
drainage
impacts,
and
would
be
accompanied by all supporting technical
information and calculations to demonstrate
that implementation of this Plan shall satisfy
all applicable regulations, standards and
guidelines, including all of the following:
4.0-47
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact HYD-2
The capacity design of the system-wide
(continued)
stormwater retention facilities is based on the
100-year storm event and is of adequate size
to retain and infiltrate stormwater on the site
to pre-development levels as required by
applicable County standards (San Benito
County Code, tit. 23, chap. 23.17, section
23.17.003(B) and chap. 23.31, art. III,
section 23.31.040 et seq.).
The master developer and/or individual
neighborhood developer(s) may contour
grade the entire Plan Area in accordance
with the Grading Master Plan to achieve
drainage and the efficient construction of
water, sewer, and underground utilities.
4.0-48
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact HYD-2
As a condition of approval of the first
(continued)
subdivision map for the project site, the
master
developer
and/or
individual
neighborhood developer(s) shall obtain, at its
expense, all necessary permits and
agreements as required by other agencies
having jurisdiction over drainage, water
quality or wetlands issues including, but not
limited to, the Regional Water Quality
Control Board, the U.S. Army Corps of
Engineers, and the California Department of
Fish and Game.
4.0-49
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact HYD-2
The master developer and/or individual
(continued)
neighborhood developer(s) shall prepare and
implement a SWPPP, and shall construct
and maintain BMPs as required by San
Benito County. In addition, prior to the start
of construction, the master developer,
and/or
individual
neighborhood
developer(s) shall obtain a permit from San
Benito County for the General Construction
Storm Water Compliance Program, as
required by the State Water Quality Control
Board, prior to the start of any construction,
including grading.
Development and operation of the project
shall be in substantial compliance with the
approved Storm Drainage Master Plan (as
may be amended from time to time).
4.0-50
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact HYD-2
(continued)
MM HYD-2c: The master developer and/or Applicant/
individual developer(s) shall construct Developer (Project
drainage improvements and stormwater Engineer)
County of San
Prior to
Completion
Benito Public
Works
issuance of
grading
of plans
prior to
retention facilities on the site generally as
Department shall
oversee
permit
grading and
compliance
shown on Figure 21, Conceptual Drainage
Plan and in accordance with the approved
Storm Drainage Master Plan required under
MM HYD-2b above. Site-specific grading
implementation of
grading and storm
with plan
during
drainage plans
grading
and drainage plans shall be prepared for each
phase of the project, which shall conform to
the approved Grading Master Plan and the
Storm Drainage Master Plan (as they may be
amended), and shall be subject to the County
Public Works Department’s review and
approval.
Also implement MM AG-2, AQ-1, GEO-1, See above
See above
See above
See above
and GEO-6.
4.0-51
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact HYD-3: The
project would not alter
the existing drainage
pattern of the project
Implement MM AG-2, AQ-1, GEO-1, See above
See above
See above
See above
GEO-6, HYD-1a and HYD-1b, and HYD2a through HYD-2c.
site, which may
substantially increase
the rate or amount of
surface runoff in a
manner that would
result in flooding or
sedimentation and
erosion on or off the
site over the lifetime of
the project.
4.0-52
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact HYD-4: The
project may create or
Implement MM HYD-2a through HYD-2c.
See above
See above
See above
See above
Implement MM HYD-2a through HYD-2c.
See above
See above
See above
See above
contribute runoff water,
which would exceed
the capacity of existing
or planned stormwater
drainage systems or
provide substantial
additional sources of
polluted runoff.
Impact HYD-7: The
proposed project, in
combination with past,
present, and reasonably
future developments in
the area may
cumulatively result in a
significant effect with
regard to drainage and
water quality.
4.0-53
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
NOISE
Impact NOISE-1:
Construction activities
associated with the
expose nearby land
uses to excessive noise
levels, a substantial
temporary or periodic
increase in ambient
noise levels above noise
levels existing without
the project.
County of San
Prior to
Confirm and
construction
activities,
the
mitigation measures shall be incorporated (Construction
into construction documents and shall be Superintendent)
Benito Planning
issuance of
document
and Building
Department shall
grading
permit;
during
grading,
implemented by the project developer:
monitor
compliance with
During
building
permit
MM
NOISE-1:
During
all
project Applicant/
following Developer
a. Restrict noise-generating activities at the
construction site or in areas adjacent to
the construction site to the hours of
construction noise
reduction practices
construction
review, and
construction
7:00 AM to 7:00 PM. Constructionrelated noise-generating activities shall
be prohibited on Sundays and federally
recognized holidays.
b. Properly
equipment
maintain
and
equip
construction
all
internal
combustion engine driven machinery
with intake and exhaust mufflers and
engine shrouds that are in good
condition and appropriate for the
equipment. Equipment engine shrouds
shall be closed during equipment
operation.
4.0-54
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
NOISE (continued)
Impact NOISE-1
c. Construction vehicles and equipment
shall not be left idling for longer than 5
(continued)
minutes when not in use.
d. Locate
stationary
noise
generating
equipment such as air compressors or
portable power generators as far as
possible from sensitive receptors.
Construct temporary noise barriers to
screen stationary noise generating
equipment when located near adjoining
sensitive land uses. Temporary noise
barriers could reduce construction noise
levels by 5 dB(A).
e. Utilize “quiet” air compressors and other
stationary
noise
sources
where
technology exists.
f.
Route all construction traffic to and from
the project site via designated truck
routes
where
feasible.
Prohibit
construction-related heavy truck traffic in
residential areas where feasible.
4.0-55
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
NOISE (continued)
Impact NOISE-1
(continued)
g. Control
noise
from
construction
workers’ radios to a point that they are
not audible at existing residences
bordering the project site.
h. Prior to issuance of any grading and/or
building permits, the contractor shall
prepare and submit to the County for
approval a detailed construction plan
identifying the schedule for major noisegenerating construction activities.
i.
4.0-56
Designate a “disturbance coordinator”
who would be responsible for responding
to any local complaints about
construction noise. The disturbance
coordinator shall determine the cause of
the noise complaint (e.g., starting too
early, bad muffler, etc.) and shall require
that reasonable measures warranted to
correct the problem be implemented.
Conspicuously post a telephone number
for the disturbance coordinator at the
construction site and include it in the
notice sent to neighbors regarding the
construction schedule.
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
NOISE (continued)
Impact NOISE-2:
Stationary noise
MM NOISE-2a: Noise-generating landscape Applicant/
and facility maintenance activities shall be Developer
generated by the project prohibited on the premises of the common
could expose persons to parks and open space areas between 7:00 PM
noise levels in excess of and 7:00 AM as an ongoing operational
applicable County
noise standards at
existing noise-sensitive
land uses adjacent to
the project site and
newly developed noisesensitive residential
requirement within the project site.
County of San
During
Upon
Benito Code
project
notification
Enforcement
Officer/Sheriff
occupancy
of a
violation
shall respond to
noise complaints
MM NOISE-2b: The recreational use of the Applicant/
common parks and open space areas shall be Developer
limited to between 7:00 AM and 7:00 PM,
County of San
During
Upon
Benito Code
Enforcement
project
occupancy
notification
of a
and amplified music shall be prohibited at
Officer/Sheriff
shall respond to
the common parks and open space areas.
land uses within the
project site.
violation
noise complaints
4.0-57
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
NOISE (continued)
Impact NOISE-4:
Predicted exterior noise
MM NOISE-4a: For residences placed Applicant/
within 100 feet of Fairview Road, the project Developer
County of San
Prior to
Confirm and
Benito Planning
issuance of
document
levels at the proposed
developer shall comply with Policy LU-9.1,
residences along
Fairview Road could
Measure #5 and Policy LU-10.2, Measure
#3, found in Article 2.0 of the Fairview
and Building
Department shall
certificates
of
during
design
occupancy
expose persons to noise
levels in excess of the
Corners Residential Specific Plan (Land
Use). Compliance with Article 2.0 shall be
oversee
implementation of
review
process
applicable noise
standards.
subject to the review and approval of the
acoustical study
recommendations
County in accordance with Article 7.0 of the
Specific Plan (Implementation Plan), as part
of the project’s design and site review
process. Specifically, in the event that multistory residences are proposed adjacent to
Fairview Road, an acoustical study shall be
prepared by the project developer and
reviewed and approved by the County,
including mitigation measures to ensure that
interior noise levels within upper floor areas
of the dwelling units will maintain an
acceptable noise level
CNEL/Ldn, or less.
4.0-58
of
45
dB(A)
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
NOISE (continued)
Impact NOISE-4
The study shall be submitted to the San
(continued)
Benito
County
Planning
and
Building
Department in conjunction with the first
associated building permit application for the
multi-story residences at issue. The developer
shall implement all recommended mitigation
measures in the study prior to issuance of
any certificates of occupancy for the multistory residences.
MM NOISE-4b: If residences are placed Applicant/
within 100 feet of Fairview Road, sound Developer
attenuation features shall be required in
accordance with the recommendations set
forth in the approved acoustical report, and
shall, at a minimum, include the following:
a. A minimum 6-foot noise barrier shall be
constructed to reduce noise levels in
outdoor use areas along Fairview Road.
County of San
Prior to
Confirm and
Benito Planning
and Building
issuance of
building
document
during
Department shall
oversee
permit
design
review
implementation of
process
acoustical study
recommendations
4.0-59
4.0
AND
Impact
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
NOISE (continued)
Impact NOISE-4
(continued)
b. The barriers shall be constructed solidly
over the entire surface and the base, and
shall not contain openings or gaps
between barrier materials or the ground
which would decrease the reduction
provided by the noise barrier.
c. Suitable
materials
for
barrier
construction shall have a minimum
surface weight of 3 lbs./sq. ft. (such as
1-inch-thick wood, masonry block,
concrete, or metal), and
consistent with MM AES-1.
shall
be
d. The final design of noise barriers shall be
completed and approved during design
review for the project when detailed site
plans and grading plans are available.
4.0-60
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
PARKS AND RECREATION
Impact REC-1: The
proposed project would
construct up to 220
MM REC-1a: Park and recreational facilities Applicant/
shall be generally constructed as shown in Developer
County of San
During
Confirm and
Benito Planning
construction
document
Figure 13 and Figure 18 and in accordance
and Building
Department shall
during
project
oversee
implementation of
construction
new residences, which
would result in
with all applicable policies within Article 2.0
(Land Use), Article 3.0 (Circulation Plan),
additional demand on
existing park and
Article 4.0 (Community Design) and Article
5.0 (Resource Management) of the Specific
recreational facilities,
Plan, as well as the project’s Open Space and
which as a result, could
lead to the occurrence
Parks Master Plan (as may be amended).
Timing of implementation shall be in
or acceleration of
substantial physical
accordance with Article 7.0 of the Specific
Plan (Implementation Plan) and the
deterioration of those
facilities.
approved
Plan.
Infrastructure
Phasing
open space and
parks plan
Master
4.0-61
4.0
AND
Impact
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
PARKS AND RECREATION (continued)
Impact REC-1
MM REC-1b: On-site park and recreational Applicant/
County of San
During
Confirm and
(continued)
facilities shall be provided by the developer Developer
Benito Planning
construction
document
and designed consistent with applicable
and Building
during
County standards for the provision of
Department shall
project
parkland
oversee
construction
and
the
County
Parks
and
Recreational Facilities Master Plan. In the
implementation of
alternative, the developer may pay the
park and
applicable
recreational
in-lieu
fee
for
park
and
recreational facilities as set forth in County
facilities plans
Code Section 23.15.008.
and collect
applicable fee
from Project
Applicant
4.0-62
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
PARKS AND RECREATION (continued)
MM REC-1c: The project’s pedestrian and Applicant/
bicycle circulation network shall be Developer
County of San
During
Confirm and
Benito Public
construction
document
developed in accordance with Article 7.0
Works
Department shall
during
project
oversee
implementation of
construction
(Implementation Plan) and the approved
project’s Infrastructure Phasing Master Plan
as approved
Department.
by
the
Public
Works
pedestrian and
bicycle plans
Impact REC-2: The
Implement MM AQ-1 and NOISE-1.
See above
See above
See above
See above
result in the
construction of new
parks and recreational
facilities, which may
have an adverse
physical effect on the
environment.
4.0-63
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
TRAFFIC AND CIRCULATION
Impact TRA-2: The
project may conflict
with an applicable
MM TRA-2a: Prior to the issuance of Applicant/
building permits for the 75th, 150th and the Developer (Traffic
County of San
Prior to
During
Benito Public
issuance of
project
200 residential units (excluding secondary Engineer)
Works
Department shall
building
permits for
occupancy
monitor
signalization
the 75th,
150th, and
warrants
200th
th
plan, ordinance or
policy establishing
units) respectively, the project developer
shall monitor the intersection of Fairview
measures of
effectiveness for the
Road and Hillcrest Road to determine if
signalization is warranted. Monitoring shall
performance of the
include the following:
circulation system since
the addition of project
1. Conduct analyses of all applicable traffic
signal warrants based on field-measured
traffic would result in
peak-hour signal
warrants being met at
the Fairview
Road/Hillcrest Road
and Enterprise
Road/Airline Highway
(State Route 25)
intersections.
4.0-64
residential
units,
respectively
data;
2. Study prevailing traffic and roadway
conditions;
3. Report the results to the San Benito
County Public Works Administrator,
who, in coordination with the City of
Hollister Engineering Department, shall
determine if and when a traffic signal
should be installed.
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
TRAFFIC AND CIRCULATION (continued)
Impact TRA-2
(continued)
MM TRA-2b: The developer shall install the Applicant/
traffic signal if directed in writing to do so by Developer
County of San
During
Complete
Benito Public
project
upon
the San Benito County Public Works
Works
Department shall
construction
installation
of traffic
Administrator and so long as the City and
County issue any required permits,
consistent with MM TRA-2a above. The
developer’s costs associated therewith may
monitor
signalization
signal
warrants
be subject to partial reimbursement to the
extent other funding sources such as the TIF
program, an established Benefit Area, or
other development, are available
applicable;
provided,
however,
and
the
developer’s obligation to install the signal
shall not be dependent on receipt of any
reimbursement. The developer shall be
obligated
to
install
the
identified
improvements promptly upon notification
from the County of the need to do so, and no
additional building permits for residential
units (excluding secondary units) shall be
issued until the traffic signal is installed.
4.0-65
4.0
Impact
AND
REPORTING PROGRAM
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
MM TRA-2c: If the San Benito County Applicant/
Public Works Administrator determines that Developer
County of San
Following
During
Benito Public
issuance of
project
the traffic signal at the intersection of
Works
Department shall
building
permit for
occupancy
collect fee from
Project Applicant
200th
residential
(if necessary)
unit
Mitigation Measure
Impact TRA-2
(continued)
Fairview Road/Hillcrest Road is not
warranted at the time of issuance of the
building permit for the project’s 200th
residential unit or if the City of Hollister does
not approve the installation of the traffic
signal, then the developer shall comply with
the following.
If the identified traffic signal is expressly
covered in the then-current TIF program,
then the developer’s payment of the
applicable TIF shall constitute a fair share
contribution toward improvements at this
intersection. If the identified traffic signal is
not expressly covered in the then-current TIF
program, the developer shall pay its fair
share contribution (based on its pro rata
contribution of trips) to the Benefit Area
toward the signalization of this intersection.
4.0-66
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact TRA-2
(continued)
MM TRA-2d: Prior to the issuance of Applicant/
building permits for the 75th, 150th and the Developer (Traffic
County of San
Prior to
Confirm and
Benito Public
issuance of
document
200 residential units (excluding secondary Engineer)
Works
Department shall
building
permits for
during
project
monitor
signalization
the 75th,
150th, and
occupancy
warrants
200th
th
units) respectively, the project developer
shall monitor the intersection of Enterprise
Road and Airline Highway (State Route 25)
to determine if signalization is warranted.
Monitoring shall include the following:
signal warrants based on field-measured
residential
units,
respectively
data;
conditions;
who, in coordination with the City of
Hollister Engineering Department, shall
determine if and when a traffic signal
4.0-67
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact TRA-2
(continued)
MM TRA-2e: The developer shall install the Applicant/
traffic signal if directed in writing to do so by Developer
County of San
During
Complete
Benito Public
project
upon
the San Benito County Public Works
Works
Department shall
construction
installation
of traffic
Administrator and so long as Caltrans, the
City and County issue any required permits,
consistent with MM TRA-2d above. The
developer’s costs associated therewith may
monitor
signalization
signal
warrants
be subject to partial reimbursement to the
extent other funding sources such as the TIF
program, an established Benefit Area, or
other development, are available
applicable;
provided,
however,
and
the
developer’s obligation to install the signal
shall not be dependent on receipt of any
reimbursement. The developer shall be
obligated
to
install
the
identified
4.0-68
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
MM TRA-2f: If the San Benito County Applicant/
County of San
Following
Confirm and
Benito Public
issuance of
document
Works
Department shall
building
permit for
during
project
collect fee from
Project Applicant
200th
residential
occupancy
(if necessary)
unit
Impact
Mitigation Measure
Impact TRA-2
(continued)
Enterprise Road/Airline Highway (State
Route 25) is not warranted at the time of
issuance of the building permit for the
project’s 200th residential unit or if Caltrans
and/or the City of Hollister does not approve
the installation of the traffic signal, then the
developer shall comply with the following. If
the identified traffic signal is expressly
then the developer shall pay the applicable
TIF as a fair share contribution toward
improvements at this intersection. If the
identified traffic signal is not expressly
then the developer shall pay its fair share
contribution (based on its pro rata
4.0-69
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact TRA-3: The
with an applicable
plan, ordinance or
MM TRA-3: For the Fairview Road and Applicant/
Cielo Vista Drive extension intersection, as Developer (Traffic
part of the infrastructure master planning for Engineer)
County of San
Prior to
Confirm and
Benito Public
Works
issuance of
building
document
prior to
the proposed project, the developer shall
Department shall
oversee
permit
issuance of
building
policy establishing
measures of
design the southbound left-turn pocket in
compliance with County and Caltrans
performance of the
minimum design standards. Construction of
this improvement shall occur prior to
compliance with
minimum design
permit
standards
circulation system since issuance of the first building permit for
the addition of project
residential development.
traffic would result in
insufficient vehicle
storage within the leftturn pocket leading
from southbound
Fairview Road to the
project site, which
could result in
increased traffic
congestion on Fairview
Road.
4.0-70
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact TRA-4: The
MM TRA-4: The developer shall pay the Applicant/
applicable TIF as a fair share contribution Developer
with an applicable
plan, ordinance or
towards the identified improvements, which
would mitigate the project’s impact to the
policy establishing
measures of
extent feasible.
performance of the
County of San
Prior to
Confirm and
Benito Public
Works
issuance of
building
document
prior to
Department shall
collect fee from
permit
issuance of
certificates
Project Applicant
of
occupancy
circulation system since
it would contribute
traffic to the segments
of State Route 156
(Union Road to The
Alameda) and State
Route 25 (U.S. 101 to
State Route 156),
which operate at
unacceptable LOS E
4.0-71
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact TRA-4
(continued)
under existing
conditions. The
addition of project
traffic would cause the
percent-time-spentfollowing to increase
during both the AM
and PM peak hours.
Impact TRA-6: The
proposed project’s
Implement MM TRA-7.
See below
See below
See below
See below
design features may
increase hazards as a
result of inadequate site
access.
4.0-72
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact TRA-7: The
MM TRA-7: As part of its first subdivision Applicant/
map application which proposes the Developer
result in inadequate
emergency access.
development of residential units, the
developer shall show on said map either
(1) the Airline Highway (State Route 25)
EVA, or (2) an alternative EVA generally
located in the northwest corner of the project
site or in such other location as is acceptable
to the County Public Works Administrator.
In the event that the Airline Highway (State
County of San
Prior to
Confirm and
Benito Public
Works
issuance of
building
document
prior to
Department shall
oversee
permit
approval of
subdivision
compliance with
emergency vehicle
map
access
requirements
Route 25) EVA route is not built or its
construction is delayed beyond the
commencement of project construction, the
developer shall construct the alternative
EVA. Prior to issuance of the building permit
for the first residential unit, either the Airline
Highway (State Route 25) EVA or the
alternative EVA route shall be constructed,
consistent with applicable County standards
and other requirements, shall be at least 24
feet in width in order to allow personal
4.0-73
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact TRA-7
vehicles a means of emergency egress and
(continued)
simultaneous entry into the project site by
emergency responders’ vehicles, and shall
include a “Knox Box,” which could only be
unlocked by fire district personnel. To ensure
emergency access for all units, the developer
shall be required to construct and maintain
an all-weather access road connecting the
proposed EVA (either the Airline Highway
(State Route 25) EVA or alternative on-site
EVA) to all homes constructed in each phase
of development.
4.0-74
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact TRA-9:
proposed project in
MM TRA-9a. Prior to the issuance of the Applicant/
building permit(s) for the 135th and 200th Developer (Traffic
residential units (excluding secondary units) Engineer)
County of San
Prior to
Confirm and
Benito Public
Works
issuance of
building
document
during
combination with past,
present and reasonably
respectively, the project developer shall
Department shall
monitor
permits for
the 135th and
project
occupancy
signalization
warrants
200th
residential
monitor the intersection
Road/Cielo Vista Drive
future projects would
result in significant
determine if signalization is needed.
Monitoring shall include the following:
impacts at two
intersections and may
result in insufficient
vehicle storage within
the left-turn pocket
leading from
southbound Fairview
of Fairview
extension to
units,
respectively
signal warrants and based on field
measured data;
conditions; and
Road to the project site,
which could result in
increased traffic
congestion on Fairview
Road.
who will determine if and when the
traffic signal and extension of the turnpocket storage for the southbound leftturn movement on Fairview Road
4.0-75
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact TRA-9
(continued)
MM TRA-9b: The developer shall install the Applicant/
traffic signal and extend the turn-pocket Developer
storage for the southbound left-turn
movement on Fairview Road if directed in
writing to do so by the San Benito County
Public Works Administrator, consistent with
MM TRA-8a above. The developer’s costs
associated therewith may be subject to partial
County of San
During
Complete
Benito Public
Works
project
construction
upon
installation
Department shall
monitor
of traffic
signal
signalization
warrants
reimbursement to the extent other funding
sources such as the TIF program, an
established Benefit Area or from other
development are available and applicable;
provided,
however,
the
developer’s
obligation to install the signal and extend the
left-turn lane shall not be dependent on
receipt of any reimbursement. The developer
shall be obligated to install the identified
4.0-76
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
County of San
Following
Confirm and
Benito Public
Works
issuance of
building
document
during
Department shall
collect fee from
permit for
200th
project
occupancy
Project Applicant
(if necessary)
residential
unit
Impact TRA-9
(continued)
MM TRA-9c: If the San Benito County Applicant/
Fairview Road/Cielo Vista Drive extension
and extension of the turn-pocket storage for
the southbound left-turn movement on
Fairview Road is not warranted at the time
of issuance of the building permit for the
project’s 200th residential unit, then the
developer shall comply with the following. If
the identified traffic signal and extension of
the turn-pocket storage for the southbound
left-turn movement on Fairview Road is
expressly covered in the then-current TIF
program, then the developer’s payment of
the applicable TIF shall constitute its fair
share contribution toward improvements at
this intersection. If the identified traffic
signal and extension of the turn-pocket
storage
for
the
southbound
left-turn
movement on Fairview Road is not expressly
4.0-77
4.0
Impact
AND
REPORTING PROGRAM
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
Impact TRA-9
(continued)
then the developer shall pay its fair share
contribution (based on its pro rata
MM TRA-9d: Signalization of the Memorial Applicant/
Drive and Hillcrest Road intersection, the Developer (Traffic
addition of dedicated left-turn lanes on all Engineer)
County of San
Prior to
Confirm and
Benito Public
Works
issuance of
building
document
prior to
four approaches, and the operation of the
Department shall
permit
issuance of
traffic signal with protected left-turn phasing
collect fee from
Project Applicant
will ensure acceptable traffic conditions. If
the identified improvements are expressly
building
permit
then the developer’s payment of the
applicable TIF shall constitute its fair share
contribution toward the improvements at this
intersection. If the identified improvements
are not expressly covered in the then-current
TIF program, then the developer shall pay
the project’s fair share contribution (based on
its pro rata contribution of trips) to the
Benefit Area toward improvements at this
intersection.
4.0-78
Impact
Mitigation Measure
Party Responsible
Monitoring/
for Implementing
Reporting
Mitigation
Monitoring
Mitigation
Action(s)
Timing
Schedule
WET AND DRY UTILITIES AND ENERGY
Impact UTIL-4: The
soils on the project site
Implement MM GEO-8.
See above
See above
See above
See above
may not be capable of
adequately supporting
the use of septic tanks.
4.0-79
5.0
LIST OF EIR PREPARERS
5.1
LEAD AGENCY
3224 Southside Road
Gary Armstrong, Director of Planning and Building
Byron Turner, Assistant Director of Planning and Building
Lissette Knight, Senior Planner
Ann Dolmage, Assistant Planner
Shirley Murphy, Deputy County Counsel
5.2
PREPARERS OF THE ENVIRONMENTAL DOCUMENT
DRAFT EIR CONSULTANT
EMC Planning Group
301 Lighthouse Avenue, Suite C
Monterey, California 93940
Michael Groves, Senior Principal
Teri Wissler Adam, Senior Principal
Sally Rideout, Senior Planner
5.0-1
5.0
LIST
OF
EIR PREPARERS
Richard James, Principal Planner
Ron Sissem, Principal Planner
Janet Isle, Senior Biologist
NOISE
Jared McDaniel, Illingworth & Rodkin
TRAFFIC AND CIRCULATION
Jeff Elia, Hexagon Transportation Consultants
FINAL EIR CONSULTANT
Impact Sciences
555 12th Street, Suite 1650
Oakland, California 94607
Shabnam Barati, Managing Principal
Jennifer Millman, Project Planner
Ian Hillway, Publications Manager
Lisa Cuoco, Publications Coordinator
Peer Review
Jane Bierstedt, Fehr & Peers
5.3
OUTSIDE COUNSEL
Nadia Costa, Miller Star Regalia
5.0-2

final eir consultant

Transcription

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