HomeMy WebLinkAboutResolutions - No. 2007-48RESOLUTION NO. 2007-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI
CERTIFYING THE FINAL LODI ANNEXATION ENVIRONMENTAL IMPACT
REPORT (EIR-05-01), ADOPTING FINDINGS AND STATEMENT OF
OVERRIDING CONSIDERATIONS, AND ADOPTING THE MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE WESTSIDE
ANNEXATION PROJECT
WHEREAS, the City Council of the City of Lodi has heretofore held a duly noticed
public meeting on March 21, 2007, as required by law, to consider the Final Environmental
Impact Report (EIR) (EIR-05-01); and
follows:
WHEREAS, the subject properties included in the evaluation are described as
APN
Site Address
Property Owner
029-380-05
351 East Sarent Rd.
Geor is Perl2gos Et al
027-040-01
70 East Sargent Rd.
Manna Trust
027-04-020
212 East Sargent Rd.
DHKS Deveia ment
027-04-030
402 East Sar ent Rd.
Noble D. Fore Jr. 11
WHEREAS, on September 16, 2005, a Notice of Preparation was circulated notifying
responsible agencies and interested parties that an EIR would be prepared, indicating tM
environmental topics that were anticipated to be addressed; and
WHEREAS, a Draft EIA (File No. EIR-05-01) was prepared in compliance with the
California Environmental Quality Act (CEQA) of 1970, as amended, and the Guidelines
provided there under; and
WHEREAS, a Notice of Availability for the Draft EIR was published in the Lodi News
Sentinel and was posted at City Hail on April 17, 2006; and
WHEREAS, the Notice of Availability and copies of the Draft EIR were sent to
Responsible Agencies and the State Office of Planning & Research (State Clearinghouse)
on April 17, 2006; and
WHEREAS, a copy of the Draft EIR was kept on file for public review within the
Community Development Department at 221 West Pine Street, Lodi, CA, and the public
library and posted on the City's website for a 45 -day comment period commencing on
April 17, 2006 and ending on May 26, 2006; and
WHEREAS, the City of Lodi Planning Commission received comments and
testimony on the Draft EIR from the following individuals on May 10, 2006, at 7:00 p.m. at
the Carnegie Forum, 305 West Pine Street, Lodi, CA:
• Rick Gerlack
• Chairman Randy Heinitz
• Commissioner Doug Kuehne
Commissioner Gina Moran
• Commissioner Bill Cummins
WHEREAS, the City received nine comment letters in response to the Notice of
Completion from the following agencies/persons:
• Department of California Highway Patrol
May 4, 2006
Department of Conservation
May 26, 2006
Department of Transportation
May 25, 2006
Pacific Gas and Electric Company
May 26, 2006
Public Utilities Commission
April 26, 2006
San Joaquin County Public Works
May 24, 2006
• Governor's Office of Planning and Research
May 26, 2006
• San Joaquin Valley Air Pollution Control District
May 4, 2006
• Robert G. Wilson
May 23, 2006
WHEREAS, a Response to Comments document was prepared in accordance with
CEQA, which responds to comments received on the Draft EIR; and
WHEREAS, individual responses to the comments received on the Draft EIR were
mailed to each commenting agency ten days prior to the Planning Commission
recommendation for City Council certification of the Final EIR; and
WHEREAS, a Mitigation Monitoring and Reporting Program, prepared in accordance
with CEQA, which lists mitigation measures recommended in the EIR; identifies mitigation
monitoring requirements; identifies the party responsible for carrying out the required actions
and the approximate timeframe for the oversight agency; and identifies the party ultimately
responsible for ensuring that the mitigation measure is implemented, is included herein as
Attachment B; and
WHEREAS, the City of Lodi Planning Commission held public hearings on the
recommendation to the City Council on the adequacy of the EIR on October 11, 2006 and
October 25, 2006 and made the recommendations. for the City Council to modify Mitigation
Measure LU -1, Impact Statement and Mitigation Measure LU -2, and Mitigation Measure
Trans -2; and
WHEREAS, the City Council finds that the Planning Commission recommended
changes in the Mitigation Measure are not all necessary to address project impact; and
WHEREAS, adoption of the Mitigation Monitoring and Reporting Program included
herein as Attachment B effectively makes the mitigations part of the Westside Project.
NOW, THEREFORE, BE IT FOUND, DETERMINED, AND RESOLVED that the City
Council has reviewed and considered the information contained in the Final Lodi Annexation
EIR and finds that with regards to the Westside Project:
1. The Final EIR has been completed in compliance with CEQA.
2. The Final EIR was presented to the City Council, the decision-making body of the lead
agency, and that the City Council reviewed and considered the information contained in
the final EIR prior to recommending adoption to the City Council.
3. The Final EIR represents the independent judgment of the City.
4. The Planning Commission recommended change to modify to Mitigation Measures LU -1
is not necessary to address project impacts.
NOW, THEREFORE, BE IT FURTHER FOUND, DETERMINED, AND RESOLVED
that, based upon the evidence within the Draft and Final Lodi Annexation EIRs, staff report,
public comments, and the project file, the City Council of the City of Lodi makes the CEQA
Findings (as described in Attachment A), adopts a Statement of Overriding Considerations
(included in Attachment A), and hereby certifies EIR-05-01, all as they relate to the Westside
Project; and
NOW, THEREFORE, BE IT FURTHER FOUND, DETERMINED, AND RESOLVED
that the City Council of the City of Lodi hereby adopts the Mitigation Monitoring and
Reporting Program included in Attachment B as it relates to the Westside Project.
Dated: March 21, 2007
I hereby certify that Resolution No. 2007-48 was passed and adopted .by the City
Council of the City of Lodi at a regular meeting held on March 21, 2007, by the following
vote:
AYES: COUNCIL MEMBERS -- Hitchcock, Katzakian, and Mayor Johnson
NOES: COUNCIL MEMBERS — Mounce
ABSENT: COUNCIL MEMBERS -- None
ABSTAIN: COUNCIL MEMBERS — Hansen
RANDI JOHL
City Cleric
2007-48
ENVIRONMENTAL IMPACT REPORT FINDINGS
AND STATEMENT OF OVERRIDING CONSIDERATION
LODI ANNEXATION EIR FOR WESTSIDE PROJECT
CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to Sections 15091 and 15093 of the
State CEQA Guidelines and Section 21081 of the Public Resources Code
The Final Environmental Impact Report (Final EIR) prepared by the City of Lodi (City) for the
Westside Project (project) consists of the Draft EIR (Lodi Annexation Environmental Impact Report,
April 2006) and Responses to Comments Document (Lodi Annexation Environmental Impact Report
Response to Comments Document, July 2006). The Final EIR identifies significant environmental
impacts that will result from implementation of the project. However, the City finds that the inclusion
of certain mitigation measures as part of project approval will reduce the majority of potentially
significant impacts to less -than -significant levels. The impacts which are not reduced to less -than -
significant levels are identified and overridden due to specific considerations that are described
below.
As required by CEQA, the City, in adopting these CEQA Findings and Statement of Overriding
Considerations, also adopts a Mitigation Monitoring and Reporting Program for the project. The City
finds that the Mitigation Monitoring and Reporting Program, which is incorporated by reference and
made a part of these findings included as Attachment A, meets the requirements of Public Resources
Code Section 21081.6 by providing for the implementation and monitoring of measures intended to
mitigate potentially significant effects of the project. In accordance with CEQA and the CEQA
Guidelines, the City adopts these findings as part of the certification of the Final EIR for the projects.
Pursuant to Public Resources Code Section 21082.1(c)(3), the City also finds that the Final EIR
reflects the City's independent judgment as the lead agency for the project.
LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
MARCH 3007 LODI ANNEXATION EIR
TABLE OF CONTENTS
SECTION1: INTRODUCTION................................................................................................. 1
SECTION 2: THE LODI ANNEXATION AREAS................................................................... 2
SECTION 3: EFFECTS DETERMINED TO BE MITIGATED TO LESS -THAN -
SIGNIFICANT LEVELS...................................................................................... 3
SECTION 4: SIGNIFICANT EFFECTS THAT MAY NOT BE MITIGATED TO A
LESS -THAN -SIGNIFICANT LEVEL ........ :...................................................... 17
SECTION 5: EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT OR
NOT SIGNIFICANT .................................................................... ............... 23
SECTION 6: SIGNIFICANT CUMULATIVE EFFECTS....................................................... 23
SECTION 7: FEASIBILITY OF PROJECT ALTERNATIVES .............................................. 26
SECTION 8: STATEMENT OF OVERRIDING CONSIDERATIONS .................................. 29
Attachment A: Mitigation Monitoring and Reporting Program
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LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
MARCH 2007 Lot)] ANNEXATION EIR
SECTION 1: INTRODUCTION
1.1 Statutory Requirements for Findings
Section 15091 of the CEQA Guidelines states that:
(a) No public agency shall approve or carry out a project for which an EIR has been
certified which identifies one or more significant environmental effects of the project unless
the public agency makes one or more written findings for each of those significant effects,
accompanied by a brief explanation of the rationale for each finding. The possible findings
are:
(1) Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the
final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another
public agency and not the agency making the finding. Such changes have been
adopted by such other agency or can and should be adopted by such other agency.
(3) Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible
the mitigation measures or project alternatives identified in the final EIR.
in short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where
feasible, to avoid or mitigate significant environmental impacts that will otherwise occur with
implementation of the project. Project mitigation or alternatives are not required, however, where
they are infeasible or where the responsibility for modifying the project lies with another agency.'
For those significant effects that cannot be mitigated to a less -than -significant level, the public agency
is required to find that specific overriding economic, legal, social, technological, or other benefits of
the project outweigh the significant effects on the environment.? The CEQA Guidelines state in
section 15093 that:
"If the specific economic, legal, social, technological, or other benefits of a proposjedj
project outweigh the unavoidable adverse environmental effects, the adverse environ-
mental effects may be considered 'acceptable.
1.2 Record of Proceedings
For purposes of CEQA and the findings set forth herein, the record of proceedings for the City's
decision on the project consists of: a) matters of common knowledge to the City, including, but not
limited to, federal, State and local laws and regulations; and b) the following documents which are in
the custody of the City:
1 CEQA Guidelines, Section 15091 (a), (b).
2 Public Resources Code Section 21081(b).
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LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
MARCH 2007 LODI ANNEXATION EIR
• Develop an "open space pedestrian/bicycle spine" within the project site that connects to
recreational and pedestrian amenities further south of the project site.
• Provide a site that could accommodate future development of an aquatic center.
• Provide adequate basin capacity for storm water detention.
21 Project Description
The Westside project would annex 151 acres of land from San Joaquin County into the City of Lodi,
which could accommodate development of up to 745 new residential units, 24 acres of parks and
trails, an elementary school and related infrastructure. To implement the proposed project; the
applicant has submitted applications for annexation, prezone and growth management unit allocation.
The growth management units will be allocated through the Development Agreement.
2.2 Alternatives
Based on the project objectives and anticipated environmental consequences, and pursuant to Section
15126.6 of the CEQA Guidelines, the following project alternatives were selected for analysis:
• The No Project/No Build alternative, which assumes the Westside and SW Gateway projects
would not be annexed by the City and would not be developed. The agricultural use of the project
site would continue, and no development would occur on the project site.
• The Agricultural Residential alternative, which assumes that the agricultural character of the
project site would continue, and would provide one unit per 20 acres, which would. allow 20
units. A density bonus would be granted which would allow 1 additional unit per 10 acres, which
would result in a total of 60 units on the Westside and SW Gateway sites. No schools would be
developed under this alternative. The aquatic center and some park area would be incorporated
into the project site.
• The Reduced Density alternative, which assumes that the Westside site would be developed as
is proposed under the project, and that the SW Gateway site would have an average of three units
per gross acre. This would result in a total of 1,441 units. The SW Gateway site would not
include a school site.
• The Increased High Density Mix alternative, which assumes that the high density development
would have an average density of 25 dwelling units per acre, and the low density designation
would have a density of three dwelling units per acre. This would result in a total of 2,317 units.
Under this alternative, there would be no medium density residential units.
A more detailed description of these alternatives, and required findings, are set forth in Section 7:
Feasibility of Project Alternatives.
SECTION 3: EFFECTS DETERMINED TO BE MITIGATED TO LESS -THAN -
SIGNIFICANT LEVELS
The Draft EER identified certain potentially significant effects that could result from the project.
However, the City finds for each of the significant or potentially significant impacts identified in this
section (Section 3) that based upon substantial evidence in the record, changes or alterations have
been required or incorporated into the project which avoid or substantially lessen the significant
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LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSiDERATIONS
MARCH 7807 LODI ANNEXATION Elk
effects as identified in the Final EIR3 and, thus, that adoption of the mitigation measures set forth
below will reduce these significant or potentially significant effects to less -than -significant levels.
Adoption of the recommended mitigation measures will effectively make the mitigation measures
part of the project.
3.1 Land Use
Impact LU -1: The proposed projects could result in a land use conflict with surrounding land uses.
Mitigation Measure LU -1: To reduce agricultural/residential land use incompatibilities, the
following shall be required:
a. The applicant shall inform and notify prospective buyers in writing, prior to purchase, about
existing and on-going agricultural activities in the immediate area in the form of a disclosure
statement. The notifications shall disclose that the residence is located in an agricultural area
subject to ground and aerial applications of chemical and early morning or nighttime farm
operations which may create noise, dust, et cetera. The language and format of such
notification shall be reviewed and approved by the City Community Development
Department prior to recordation of final map(s). Each disclosure statement shall be recorded
at the County Recorder's Office and acknowledged with the signature of each prospective
owner. Additionally, each prospective owner shall also be notified of the City of Lodi and the
County of San Joaquin Right -to -Farm Ordinances.
b. The conditions of approval for the tentative map(s) shall include requirements ensuring the
approval of a suitable design and the installation of a landscaped open space buffer area,
fences, and/or was around the perimeter of the project site affected by the potential conflicts
in land use to minimize conflicts between project residents, non-residential uses, and adjacent
agricultural uses prior to occupancy of adjacent houses.
c. Prior to recordation of the final map(s) for homes adjacent to existing agricultural operations,
the applicant shall submit a detailed wall and fencing plan for review and approval by the
Community Development Department.
Findings for II ipact LU -1.' Mitigation Measure LU -1, which requires notification of potential
home buyers that they would be located adjacent to agricultural uses, and incorporation of buffers
into project design, will reduce the potential incompatibilities between the residential land use
and adjacent agricultural uses. The mitigation treasures presented in Mitigation Measure LU -1
are feasible and effective measures to reduce the potential land use conflicts. Pursuant to CEQA
Guidelines Section 15091(a)(1), the City finds that Mitigation Measure LU -I will be incorporated
into the project via conditions of approval, and will reduce Impact LU -1 to a less -than -significant
level.
3,2 Air Quality
Impact AIR -1: Demolition and construction period activities could generate significant dust,
exhaust, and organic emissions.
3 CEQA Guidelines, Section 15091.
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LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
MARCH 2007 LOD) ANNEXATION EIA
• Install baserock at entryways for all exiting trucks, and wash off the tires or tracks of all
trucks and equipment in designated areas before leaving the site; and
• Suspend excavation and grading activity when winds (instantaneous gusts) exceed 20 mph.
Mitigation Measme- AIR -lb: The following construction equipment mitigation measures are to be
implemented at construction sites to reduce construction exhaust emissions:
Use electric equipment for construction whenever possible in lieu of fossil fuel -fired equip-
ment;
• Properly and routinely maintain all construction equipment, as recommended by the manu-
facturer manuals, to control exhaust emissions;
• Shut down equipment when not in use for extended periods of time to reduce emissions asso-
ciated with idling emissions;
• Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use;
and
• Curtail construction during periods of high ambient pollutant concentrations; this may include
ceasing of construction activity during the peak -hour of vehicular traffic on adjacent
roadways, and "Spare The Air Days" declared by the District.
Implementation of these mitigation measures would reduce construction period air quality
impacts to a less -than -significant level
Findings for !=act AIR -1: Mitigation Measure AIR -1, which requires the implementation of
construction period dust -and exhaust -control measures, will substantially lessen the project's
short-term emissions of dust and exhaust. The short -terns air quality measures listed in Mitigation
Measure AIR -1 are feasible and are considered by air quality experts, including the San Joaquin
Valley Air Pollution Control District, to be effective measures in reducing the short-term air
quality impacts of construction projects. Pursuant to CEQA Guidelines Section 15091(a)(1), the
City finds that Mitigation Measure AIR -1 will be incorporated into the project via conditions of
approval, and will reduce Impact AIR -I to a less -than -significant level.
3.3 Noise
Xmaact NOISE -1 On-site construction activities would potentially result in short -terra noise
impacts on adjacent residential uses.
Mitigation Measure No -la: Construction activities would need authorization under City issu-
ance of construction permits before any work could continence on-site. Construction activities
shall be limited to the hours of 7:00 a.m. to 10:00 p.m. Monday through Sunday, consistent with
the City's Ordinance.
Mitigation Measure NOi-1b: All stationary noise generating construction equipment, such as air
compressors and portable power generators, shall be located as far as practical from existing
residences.
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LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
MARCH 2007 LODI ANNEXATION,EIR
By meeting the hours of construction timeframe and minimizing noise from stationary
construction equipment, the project will not result in a substantial temporary or periodic increase
in ambient noise levels.
Finding for Impact NOISE -I; Mitigation Measures N0I-1a and N0I-1b requires the
implementation of measures to control construction noise and will substantially lessen the adverse
construction -period noise of the project. These mitigations comprise noise -control • actions that
have been successfully used by the City of Lodi, as well as municipalities throughout the State to
substantially reduce construction period noise levels. Similar measures are incorporated into the
conditions of approval for development projects throughout California, and are easily monitored
during the actual construction period. Pursuant to CEQA Guidelines Section 15091(a)(1), the City
finds that Mitigation Measure NOI-la and NOI-lb will be incorporated into the project via
conditions of approval, and will reduce Impact N0I-1 to a less -than -significant level.
3.4 Cultural and Paleontological Resources
Imnact CULT -1: Ground -disturbing activities in a portion of the Westside project area could
adversely impact a historic archaeological resource.
Mitigation Measure CULT -1: Implementation of either Mitigation Measure CULT -la or CULT -
lb would reduce this impact to a less -than -significant level. In order to avoid possible work
stoppage and project delays at the location of the resource, implementation of Mitigation Measure
CULT -1(a) is the recommended alternative. The mitigation measure selected, however, shall be
determined by the lead agency.
Ia. Prior to the initiation of any project ground disturbance or any construction activities -within
50 feet of archaeological site LAN -1, it shall be recorded on the appropriate State of Cali-
fornia Department of Parks and Recreation DPR 523 forms. Prior to ground disturbance at
this location, a qualified historical archaeologist shall evaluate the site for its eligibility for
listing in the California Register. An evaluation shall include archival research and subsurface
archaeological testing. If the site is determined to not be eligible for listing in the California
Register, no further study or mitigation of the site is required. Shall the site or intact features
within the Site be found to be a n15t0i1c OF Unique archaeological resource as defined under
CEQA, project related impacts to the site shall be mitigated. If the deposits ane eligible, they
shall be avoided by adverse effects, or, if avoidance is not feasible, the adverse effects shall
be mitigated. Mitigation may include, but is not limited to data recovery excavation. If data
recovery excavation is appropriate, the excavation must be guided by a data recovery plan
prepared and adopted prior to beginning the data recovery work. A report of findings shall be
submitted to the project applicant, the City of Lodi, and the Central California Information
Center (CCR Title 14(3) §15126.4(b)(3)(C)). This approach would reduce this impact to a
less -than -significant level.
lb. Prior to any project activities within 50 feet of archaeological site LAN -1, it shall be recorded
on the appropriate State of California Department of Parks and Recreation DPR523 forms A
qualified archaeologist shall monitor ground disturbing activities within 50 feet of LAN -1 in
the Westside project area. Project activity shall cease in the immediate vicinity of a
subsurface find and the discovery evaluated and appropriate treatment options developed.
Archaeological monitors shall be empowered to halt construction activities at the location of
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MARCH 2907 LODI ANNEXATION EIR
the discovery to review possible archaeological material and to protect the resource while the
finds are being evaluated. Monitoring shall continue until, in the archaeologist's judgment,
cultural resources are not likely to be encountered.
If subsurface historic archaeological deposits, e.g., wells, privies, and foundations, are
encountered during project activities, all work within 25 feet of the discovery shall be redi-
rected until the archaeological monitor can evaluate the finds and make recommendations. It
is recommended that adverse effects to archaeological discoveries be avoided by project
activities. If such deposits cannot be avoided, they shall be evaluated for their eligibility for
listing on the California Register (i.e., it shall be determined whether they qualify as his-
torical or unique archaeological resources under CEQA). If the deposits are not eligible,
avoidance is not necessary. If the deposits are eligible, they shall be avoided by adverse
effects, or, if avoidance is not feasible, the adverse effects shall be mitigated. If data recovery
excavation is appropriate, the excavation must be guided by a data recovery plan prepared
and adopted prior to beginning the data recovery work. A report of findings shall be
submitted to the project applicant, the City of Lodi, and the Central California Information
Center (CCR Title 14(3) §15126.4(b)(3)(C)). It is anticipated that this approach will reduce
this impact to a less -than -significant level.
Findings for Impact CULT -i: Mitigation Measures CULT -la or CULT -1b requires that a
qualified archaeologist to either evaluate the project site for its eligibility for listing on the
California Register, or to monitor during major ground -disturbing activities. The archaeologist
shall be empowered to halt construction activities in the vicinity of archaeological materials to
avoid damage to unidentified archaeological resources should they be discovered. Either
Mitigation Measure CULT -la or CULT -lb will ensure that the resource remains intact until its
significance is determined, and a plan is prepared for the protection of the resource, if necessary.
Pursuant to CEQA Guidelines Section 15091(x)(1), the City finds that Mitigation Measure
CULT -1a and CULTAb will be incorporated into the project via conditions of approval, and will
reduce Impact CULT -1 to a less -than -significant level.
Impact.CULX-2: Ground disturbing activities at the Westside project area could adversely impact
archaeological resources.
Mitigation Measure CULT -2: If prehistoric or historic archaeological materials are encountered
during project activities, all work within 25 feet of the discovery shall be redirected and a quali-
fied archaeologist contacted to evaluate the finds and make recommendations. It is recommended
that adverse effects to such deposits be avoided by project activities. If such deposits cannot be
avoided, they shall be evaluated for their eligibility for listing on the California Register (i.e., it
shall be determined whether they qualify as historical or unique archaeological resources under
CEQA). If the deposits are not eligible, avoidance is not necessary. If the deposits are eligible,
they shall be avoided by adverse effects, or, if avoidance is not feasible, the adverse effects shall
be mitigated. Mitigation may include, but is not limited to, thorough recording on Department of
Parks and Recreation form 523 records (DPR 523) or data recovery excavation. If data recovery
excavation is appropriate, the excavation must be guided by a data recovery plan prepared and
adopted prior to beginning the data recovery work, and a report of findings shall be submitted to
FCB, the City of Lodi, and the Central California Information Center (CCR Title 14(3)
§ 15126.4(b)(3)(C)).
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LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDIMATIONS
MARCH 2007 LODI ANNEXATION EIR
Findings for Intact CU11-2: Mitigation Measures CULT -2 requires construction activity, within
25 feet of a prehistoric or historic archaeological materials find, to be diverted and a qualified
archaeologist to evaluate the finds and make recommendations. Mitigation Measure CULT -2 will
ensure that the resource remains intact until its significance is determined, and a plan is prepared
for the protection of the resource, if necessary. Pursuant to CEQA Guidelines. Section
15091(a)(1), the City finds that Mitigation Measure CULT -2 will be incorporated into the project
via conditions of approval, and will reduce Impact CULT -2 to a less -than -significant .level.
Impac CULT -4: Ground -disturbing activities associated with the project could disturb human
remains, including those interred outside of formal cemeteries.
Mitigation Measure CULT -4: If human remains are encountered, work within 25 feet of the
discovery will be redirected and the County Coroner notified immediately. At the same time, an
archaeologist will be contacted to assess the situation. If the human remains are of Native
American origin, the Coroner must notify the Native American Heritage Commission within 24
hours of this identification. The Native American Heritage Commission will identify a Most
Likely Descendant (MLD) to inspect the site and provide recommendations for the proper
treatment of the remains and associated grave goods.
Upon completion of the assessment, the archaeologist shall prepare a report documenting the
methods and results, and provide recommendations for the treatment of the human retrains and
any associated cultural materials, as appropriate and in coordination with the recommendations of
the MLD. The report shall be submitted to the project applicant, the City of Lodi, and the Central
California Information Center.
It is anticipated that implementation of Mitigation Measure CULT -4 will reduce impacts to
human remains to less -than -significant levels.
Findings for !mutt CULT -4: Mitigation Measure CULT -4, which requires the developer to
adhere to existing law and professional standards regarding the treatment of human remains, will
substantially lessen the potential effects of the project on human remains, including Native
American remains. Implementation of Mitigation Measure CULT -4 will ensure that human
remains are evaluated for their cultural and archaeological importance and are protected from
additional disturbance. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that
Mitigation Measure CULT -4 will be incorporated into the project via conditions of approval, and
will reduce Impact CULT -4 to a less -than -significant level.
Imp_ CULT -5: Ground disturbing activities within the project area could adversely impact
paleontological resources.
Mitigation Measure CULT -5: If ground disturbing activity is anticipated below the project area
soil layer, the initial ground disturbance below that depth in geologic units shall be monitored by
a qualified paleontologist. Subsequent to monitoring this initial ground disturbance, the qualified
paleontologist will make recommendations regarding further monitoring based on the initial
findings. This can include, but is not limited to, continued monitoring, periodic reviews of ground
disturbance below project area soil layers, or no further monitoring.
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LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
MARCH 2007 LODI ANNEXATION SIR
Pre -field . monitoring preparation by a qualified paleontologist shall take into account specific
details of project construction plans as well as information from available paleontological,
geological, and geotechnical studies. Limited subsurface investigations may be appropriate for
defining areas of paleontological sensitivity prior to ground disturbance.
If paleontological resources are encountered during project activities, all work within 25 feet
of the discovery shall be redirected until the paleontological monitor has evaluated the resources,
prepared a fossil locality form documenting them, and made recommendations regarding their
treatment. If paleontological resources are identified, it is recommended that such resources be
avoided by project activities. Paleontological monitors must be empowered to halt construction
activities within 25 feet of the discovery to review the possible paleontological material and to
protect the resource while it is being evaluated. If avoidance is not feasible, adverse effects to
such resources shall be mitigated. Mitigation can include data recovery and analysis, preparation
of a report and the accession of fossil. material recovered to an accredited paleontological
repository, such as the University of California Museum of Paleontology, Berkeley (UCMP).
Monitoring shall continue until, in the paleontologist's judgment, paleontological resources are
no longer likely to be encountered. Upon project completion, a report shall be prepared docu-
menting the methods and results of monitoring. Copies of this report shall be submitted to the
project applicant, the City of Lodi Planning Department, and to the repository where fossils are
accessioned.
Findingfor Imnact CULT -5: Mitigation, Measure CULT -5, which sets protocol for the
identification and protection of unidentified paleontological resources, will avoid the project's
adverse effects to paleontological resources. Requiring a qualified paleontological monitor be
present during ground disturbing activities below the soil layer will ensure that adequate
measures are taken to protect unidentified resources. Requiring construction to halt if
paleontological resources are found will allow such resources to be analyzed and protected (if
necessary) without additional disturbance. The presence of a paleontological resources monitor
can be easily verified in the field by the City. Pursuant to CEQA Guidelines Section 15091(a)(1),
the City finds that Mitigation Measure CULT -5 will be incorporated into the project via
conditions of approval, and will reduce Impact CULT -5 to a less -than -significant level.
3.5 Geology, Soils and Seismicity
Imlpact GE1O-1: Seismically -induced ground shaking at the project area could result in risk of loss of
property, injury, or death.
Mitigation Measure GEO-la: Each project's conditions of approval shall require the project be
designed according to the most recent CBC and UBC Seismic Zone 3 requirements, applicable
local codes, and be in accordance with the generally accepted standard for geotechnical practice
for seismic design in Northern California.
Mitigation Measure_GEO-1b: Prior to the approval of grading plans, the project applicant shall
perform design -level geotechnical investigations and incorporate all recommendations into the
project construction documents and grading plans.
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LSA ASSOCIATES, INC.
MARCH 2007
CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
LODI ANNEXATION EIR
Findings for Fact GEO-1: Requiring the project to be designed in accordance with the
applicable Uniform Building Code and all applicable local codes is feasible, and will minimize
hazards associated with ground shaking within the project site. These measures are commonly
imposed on development projects in California and are considered to minimize the effect of
earthquakes on new structures. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds
that Mitigation Measures GEO-la and GEO-lb will be incorporated into the project via
conditions of approval, and will reduce Impact GEO-1 to a less -than -significant level.,
impact GEO-2: The project area contains soils that are moderately corrosive to buried metal
objects.
Mitigation M sure GEO-2: If the project includes buried metal components, a corrosion engi-
neer shall be retained to design corrosion protection systems appropriate for the project sites to be
approved by the Community Development Department.
Findings for act GEO-2: The incorporation of a corrosion protection system into the
proposed project will help ensure buried components of the proposed project are able to tolerate
moderately corrosive soils at the project sites. Pursuant to CEQA Guidelines Section 15091(a)(1),
the City finds that Mitigation Measure GEO-2 will be incorporated into the project via conditions
of approval, and will reduce Impact GEO-2 to a less -than -significant level.
3.6 Hydrology and Water Quality
Impact HYD -1: increased runoff volume resulting from creation of new impervious surfaces could
potentially exceed the capacity of downstream storm water conveyance structures, resulting in
localized ponding and flooding.
Mitigation Measure HYD -1: Implementation of the following two-part mitigation measure
would reduce potential impacts associated with increased peak runoff volumes to a less -than -
significant level:
la: As a condition of approval of the final grading and drainage plans for the projects, the Public
Worh depanlllen€ Shall Veflfy that the M45ICT Utility Plan for the Westside site will comply
with the City's stormwater requirements.
lb: Prior to the approval of the final grading and drainage plans for the Westside project, a
hydraulic analysis shall be provided to the Public Works Department for verification that
implementation of the proposed drainage plans would comply with the City's storm water
requirements.
Findines for Impact HYD -1: The City finds that requiring compliance with stormwater
requirements and a hydraulic analysis of the proposed project would help to ensure that new
runoff from the site would not exceed the capacity of existing conveyance structures. The
implementation this measure will mitigate the potential effects of new impervious surfaces.
Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that Mitigation Measures HYD -
1 will be incorporated into the project via conditions of approval, and will reduce Impact HYD -1
to a less -than -significant level.
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LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
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Immct HYD -2: Construction activities could result in degradation of water quality of storm water
runoff and ground water quality in the Project area.
Mitigation Measure 1E D_2: The project proponent for each development project shall prepare a
Storm Water Pollution Prevention Plan (SWPPP) designed to reduce potential impacts to surface
water quality through the construction period of the project. The SWPPP must be maintained on-
site and made available to City inspectors and/or RWQCB staff upon request. The SWPPP shall
include specific and detailed BMPs designed to mitigate construction -related pollutants. At
minimum, BMPs shall include practices to minimize the contact of construction materials,
equipment, and maintenance supplies (e.g., fuels, lubricants, paints, solvents, adhesives) with
storm water. The SWPPP shall specify properly designed centralized storage areas that keep these
materials out of the rain.
An important component of the storm water quality protection effort is the knowledge of the site
supervisors and workers. To educate on-site personnel and maintain awareness of the importance
of storm water quality protection, site supervisors shall conduct regular tailgate meetings to
discuss pollution prevention. The frequency of the meetings and required personnel attendance
list shall be specified in the SWPPP.
The SWPPP shall specify a monitoring program to be implemented by the coustruction site
supervisor, which must include both dry and wet weather inspections. In addition, in accordance
with State Water Resources Control Board Resolution No. 2401-046, monitoring would be
required during the construction period for pollutants that may be present in the runoff that are
"not visually detectable in runoff." RWQCB and/or City personnel, who may make unannounced
site inspections, are empowered to levy considerable fines if it is determined that the SWPPP has
not been properly prepared and implemented.
BMPs designed to reduce erosion of exposed soil may include, but are not limited to: soil sta-
bilization controls, watering for dust control, perimeter silt fences, placement of hay bales, and
sediment basins. The potential for erosion is generally increased if grading is performed during
the rainy season as disturbed soil can be exposed to rainfall and storm runoff. If grading must be
conducted during the rainy season, the primary BMPs selected shall focus on erosion control; that
is, keeping sediment on the site. End -of -pipe sediment control measures (e.g., basins and traps)
shall be used only as secondary measures. if hydroseeding is selected as the primary soil
stabilization method, then these areas shall be seeded by September 1 and irrigated as necessary
to ensure that adequate root development has occurred prior to October 1. Entry and egress from
the construction site shall be carefully controlled to minimize off-site tracking of sediment.
Vehicle and equipment wash -down facilities shall be designed to be accessible and functional
during both dry and wet conditions.
The City Public Works Department shall review and approve the SWPPP and drainage plan prior
to approval of the grading plan. City staff may require more stringent storm water treatment
measures, at their discretion. Implementation of this mitigation would reduce the level of
significance of this impact to a less -than -significant level.
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LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
MARCH 2007 LODI ANNE[ATION-EIR-
Finding for. Impact HYD -2: Mitigation Measure HYD -2, which requires the preparation and
implementation of a Storm Water Pollution Prevention Plan (SWPPP) with both construction and
operation -period Best Management Practices (BMPs), will substantially lessen the effects of the
project on storrnwater quality. A SWPPP is considered by the Regional Water Quality Control
Board (RWQCB) to be an effective way to reduce the contamination of stormwater on a project
site resulting from erosion and chemical contamination on impervious surfaces. The adequacy of
the SWPPP (including associated BMPs) will be verified by the City prior to the - initiation of
ground -disturbing activities. Pursuant to CEQA Guidelines Section 15091(x.)(1), the City finds
that Mitigation Measure HYD -2 will be incorporated into the project via conditions of approval,
and will reduce Impact HYD -2 to a less -than -significant level.
Impact Loa -3: Dewatering may contain contaminants and if not properly managed could be
detrimental to construction workers and the environment.
Mitigation Measure HYD -3: Each SWPPP shall include provisions for the proper management of
construction -period dewatering. At minimum, all dewatering shall be contained prior to discharge
to allow the sediment to settle out, and filtered, if necessary to ensure that only clear water is
discharged to the storm or sanitary sewer system, as appropriate. In areas of suspected
groundwater contamination (i.e., underlain by fill or near sites where chemical releases are known
or suspected to have occurred), groundwater shall be analyzed by a State -certified laboratory for
the suspected pollutants prior to discharge. Based on the results of the analytical testing, the pro-
ject proponent shall acquire the appropriate permit(s) from the RWQCB prior to the release of
any dewatering discharge into the storm drainage system.
Section IV.I, Hazards and Hazardous Materials, of this EIR, includes a discussion .of the
Remediation Action Plan (RAP) and Health and Safety Plan (HSP) for the site. Implementation
of Mitigation Measure HAZ-4a, HAZ4B, HAZ-4c, HAZ-4d, and HAZ-4e would ensure the
safety of construction workers from hazardous concentrations of contaminants from soil and
groundwater.
Proper implementation of the mitigation measure described above would reduce this impact to a
less -than -significant level.
Finding r lWact HYD -3: Mitigation Measure HYD -3 requires that the Storm Water Pollution
Prevention Plan (SWPPP) include provisions for the proper management of construction -period
dewatering. The adequacy of the SWPPP dewatering provisions will be verified by the City prior
to the initiation of ground -disturbing activities. Pursuant to CEQA Guidelines Section
15091(a)(1), the City finds that Mitigation Measure HYD -3 will be incorporated into the project
via conditions of approval, and will reduce Impact HYD -3 to a less -than -significant level.
3.7 Biological Resources
Impact BLQ-l: Implementation of the project could impact western burrowing owl if this species
occupies the Westside project site prior to the start of construction.
Mitigation Measure BIO -l: Implementation of these measures will reduce impacts to western
burrowing owl to a less than significant level.
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MARCH 2007 LODI ANNEXATION EIR
la; Prior to approval of grading plans, the project proponent shall pay the appropriate fees to
SJCOG, in accordance with the SJMSCP conservation strategy, for conversion of
undeveloped lands.
lb: No more than 30 days prior to any ground disturbing activities, a qualified biologist shall
conduct surveys for burrowing owls. If ground disturbing activities are delayed or suspended
for more than 30 days after the initial preconstruction surveys, the site shall be resurveyed.
All surveys shall be conducted in accordance with CDFG's Staff Report on Burrowing Owls
(CDFG, 1995).
lc: if the preconstruction surveys identify burrowing owls on the site during the non -breeding
season (September 1 through January 31) burrowing owls occupying the project site shall be
evicted from the project site by passive relocation as described in the CDFG's Staff Report on
Burrowing Owls (CDFG, 1995).
Id: If the preconstruction surveys identify burrowing owls on the site during the breeding season
(February I through August 31) occupied burrows shall not be disturbed and shall be
provided with a 75 meter (250 -foot) protective buffer until and unless the SJMSCP Technical
Advisory Committee (TAC), with the concurrence of CDFG representatives on the TAC; or
unless a qualified biologist approved by CDFG verifies through non-invasive means that
either: 1) the birds have not begun egg laying, or 2) juveniles from the occupied burrows are
foraging independently and are capable of independent survival. Once the fledglings are
capable of independent survival, the burrow(s) can be destroyed.
Findings -for Impact BIO -1.: The City finds that conducting surveys for the western burrowing
owl, and adhering to the protocol set forth in Mitigation Measures BIO -la, BIO-1b,.BIO-lc,
and BIO-ld is feasible and will adequately protect the species should it occur within the project
site. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that Mitigation Measures
BIO -la, BIO -lb, BIO -lc, and BIO-ld will be incorporated into the project via conditions of
approval, and will reduce Impact BIO -1 to a less -than -significant level.
Impact B10- ; Implementation of the project could impact nesting Swainson hawk or other nesting
raptors if these species are present on the Westside site or prior to the start of construction.
Mitigation Measure BIO -2: Implementation of these measures will reduce impacts to nesting
Swainson's hawk and other nesting raptors to a less -than -significant level.
2a: Prior to approval of grading plans, the project proponent shall pay the appropriate fees to
SJCOG, in accordance with the SJMSCP conservation strategy, for conversion of
undeveloped lands.
2b: Removal of suitable nest trees shall be completed during the non nesting season (when the
nests are unoccupied), between September 1 and February 15.
2c: If suitable nest trees will be retained and ground disturbing activities will commence during
the nesting season (February 16 through August 31), all suitable nest trees on the site will be
surveyed by a qualified biologist prior to initiating construction -related activities. Surveys
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LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
MARCH 2007 LODI ANNEXATION.EIR
will be conducted no more than 14 days prior to the start of work. If an active 'nest is
discovered, a 100 -foot buffer shall be established around the nest tree and delineated using
orange construction fence or equivalent. The buffer shall be maintained in place until the end
of the breeding season or until the young have fledged, as determined by a qualified biologist.
In some instances, CDFG may approve decreasing the specified buffers with implementation
of other avoidance and minimization measures (e.g., having a qualified biologist on-site
during construction activities during the nesting season to monitor nesting activity). If no
nesting is discovered, construction can begin as planned. Construction beginning during the
non -nesting season and continuing into the nesting season shall not be subject to these
measures.
Findings, for Impart BI0-2: The City finds that surveying for nesting Swainson hawk or .other
nesting raptors, and adhering to the protocol set forth in Mitigation Measures B10 -2a, B10 -2b,
1310-2c, and BI0-2d is feasible and will adequately protect the these species may occur within the
project site. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that Mitigation
Measures BI0-2a, BI0-2b, B10 -2c, and BI0-2d will be incorporated into the project via
conditions of approval, and will reduce Impact 13I0-2 to a less -than -significant level.
Int act BI0-3: The project will impact one area of vernal marsh (seasonal wetland).
Mitigation Measure B10-3: Implementation of the following mitigation measures will reduce
impacts to wetlands (i.e., vernal marsh) to less -than -significant levels.
3a: Wetlands permanently impacted during construction (approximately 0.02 acres) shall be
mitigated through preservation, creation and/or restoration of the impacted resources at a
minimum ratio of 1:1. If permits are required by ACOE and/or RWQCB, specific mitigation
requirements, if different than described above, shall also become a condition(s) of project
approval.
3b: Prior to approval of grading plans, the applicant shall obtain any regulatory permits required
from the ACOE and/or RWQCB.
Findings for Impact BI0-3: The City finds that preservation, creation, or restoration of wetlands
permanently impacted during construction, as well as obtaining all necessary regulatory permits,
is feasible and will reduce impacts to wetlands within the project site to a less -than -significant
level. These measures are considered adequate means of mitigation. Pursuant to CEQA
Guidelines Section 15091(a)(1), the City finds that Mitigation Measure BIO -3 will be
incorporated into the project via conditions of approval, and will reduce Impact B10-3 to a less -
than -significant level.
3.8 Hazards and Hazardous Materials
Imuact HAZ-1: Improper use, storage, or disposal of hazardous materials during construction
activities could result in releases affecting construction workers, the public, and the environment.
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1N01LVV3UISN03 9NIQINVIAQ 40 IKAK31VSS QNV SONIQMIA Va83 '3Mf 'S3ZY13096Y. VS7
LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
MARCH 2007 LODI ANNEXATION E1R
contractor in accordance with the regulations and notification requirements of the San
Joaquin Valley Air Quality Control District. If lead-based paints are identified, then federal
and State construction worker health and safety regulations shall be followed during
renovation or demolition activities. If loose or peeling lead-based paint are identified, they
shall be removed by a qualified lead abatement contractor and disposed of in accordance with
existing hazardous waste regulations.
8b: As a condition of approval for grading plans for the project sites, an asbestos investigation of
subsurface structures shall be conducted. If asbestos -containing materials are determined to
be present, the materials shall be abated by a certified asbestos abatement contractor in
accordance with the regulations and notification requirements of the San Joaquin Valley Air
Quality Control District.
Finding for h=ct HAZ-8: Mitigation Measures HAZ-8a and HAZ-8b require the investigation
and abatement of asbestos and lead within the project sites prior to demolition and will
substantially lessen the health risks resulting from the presence of these substances. After any
necessary abatement, these materials will not pose a health threat to construction workers or
future employees or customers of the project site. Pursuant to CEQA Guidelines Section
15091(a)(1), the City finds that Mitigation Measures RAZ -8a and HAZ-8b will be incorporated
into the project via conditions of approval, and will reduce Impact HAZ-8 to a less -than -
significant level.
3.9 Visual Resources
Imoset VIS -2: The proposed project would create anew source of light and glare affecting day and
nighttime views.
Mitigation M ure VIS -2: Outdoor lighting shall be designed to minimize glare and spillover to
surrounding properties. The proposed project shall incorporate non -mirrored glass to minimize
daylight glare.
Findings for Impact VIS -2: The City finds that designing outdoor lighting to minimize glare and
spillover light and requiring non -mirrored glass in construction of the housing is a feasible
mitigation measure and will reduce impacts associated with light and glare to a less -than -
significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), the City finds that
Mitigation Measure VIS -2 will be incorporated into the project via conditions of approval, and
will reduce Impact VIS -2 to a less -than -significant level.
SECTION 4: SIGNIFICANT EFFECTS THAT MAY NOT BE MITIGATED TO
A LESS -THAN -SIGNIFICANT LEVEL
The Draft EIR and Response to Comments document identify several impacts that cannot be
mitigated to a less -than -significant level even though the City finds that all feasible mitigation
measures have been identified and adopted as part of the project. The significant. unavoidable impacts
are discussed below.
N= u^*=iw*WCACMY*ffi tr 20M-01-EW4MQA Mdmp.dm (3aw2UM) 17
LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
MARCH 2667 LODI ANNEXATION EIR
4,1 Land use
Imuset LU -2: The proposed projects would result in the conversion of approximately 151 acres of
Prime Farmland to non-agricultural uses.
Mitigation Measure LU -2: Prior to issuance of a building permit after the first quarter of the
combined building permits for the Westside have been approved, the applicant shall provide and
undertake a phasing and financing plan (to be approved by the City Council) for one of the
following mitigation measures:
(1) Identify acreage at a minimum of 1:1 ratio in kind of approximately 151 acres of
prime farmland (currently not protected or within an easement) to protect in
perpetuity as an agricultural use in a location as determined appropriate by the
City of Lodi in consultation with the Central Valley Land Trust; or
(2) With the City Council's approval, comply with the requirements of the County
Agricultural mitigation program.
Findings fc ct LV -2: The proposed project would convert approximately 151 acres of
prime farmland. While the mitigation measures would result in other farmland being preserved,
the impact would remain significant and unavoidable. However, pursuant to Section 21091(a)(3)
of the Public Resources Code, as described in the Statement of Overriding Considerations, the
City has determined that this impact is acceptable based on specific overriding considerations
found herein in Section 8 below.
Impact LU -3: The proposed projects would result in a conflict with existing Agricultural Use and
Williamson Act Contracts.
Mitition Measure LU -3: The applicant shall pay all fees associated with terminating a Wil-
liamson Act Contract.
Findings for IMpact LU -3: The proposed project would conflict with existing Williamson Act
Contracts. While the applicant would pay all required fees associated with -terminating a
Williamson Act Contract, the proposed project would still result in significant impact. However,
pursuant to Section 21091(x)(3) of the Public Resources Code, as described in the Statement of
Overriding Considerations, the City has determined that this impact is acceptable based on
specific overriding considerations found herein in Section 8 below.
4.2 Transportation, Circulation and Parking
As is noted in the Final EIR, the City has the capacity to reduce to a less -than -significant level the
impacted intersections in the project -related and cumulative conditions. However, as is noted in the
EIR, the City may decide not to implement the identified improvement in order to further other City
General Plan goals. As such, the potential transportation impacts is less -than -significant, but would be
significant and unavoidable if the City decides not to implement selected improvements.
N'.1Adm istrAMV_AiMTY%Mff*— 2007U-01-EIR4MOA Findl, p.dx (3119MO) 18
LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
MARCH 2007 LODI ANNEXATION EIR
Impact TRANS -1: Implementation of the proposed project would significantly impact the ldvel of
service at 16 intersections under the Existing with Project scenario.
Mitigation Measure TRANS _1: Each of the following mitigation measures shall be
implemented to reduce the project's impact on the identified 16 intersections:
la: Mitigation Measure AIR -2 identifies measures recommended by the SJVAPCD's
"Guide for Assessing and Mitigating Air Quality Impacts to reduce vehicle, trips and
associated air duality impacts. Implementation of the same measures would also reduce
associated traffic impacts. The following are considered to be feasible and effective in
further reducing vehicle trip generation and resulting emissions from the. project and
shall be implemented to the extent feasible and desired by the City:
• Provide pedestrian enhancing infrastructure that includes: sidewalks and pedestrian
paths, direct pedestrian connections, street trees to shade sidewalks, pedestrian
safety designs/infrastructure, street furniture and artwork, street lighting and or
pedestrian signalization and signage.
• Provide bicycle enhancing infrastructure that includes: bikeways/paths connecting
to a bikeway system, secure bicycle parking.
• Provide transit enhancing infrastructure that includes: transit shelters, benches, etc.,
street lighting, route signs and displays, and/or bus turnouts/bulbs.
Provide park and ride lots.
The implementation of an aggressive trip reduction program with the appropriate
incentives for non -auto travel can reduce project impacts by approximately 10 to 15
percent. Such a reduction would help minimize the project's impact.
lb: The implementation of each of the improvements listed in Table IV -B-6 would
reduce the impacts to the identified 16 intersections to a less -than -significant level. To
mitigate these impacts, the project applicant shall prepare a Traffic Mitigation
Implementation and Financing Plan that details each of the physical improvements and
the timing and geometric changes listed in Table IV.13-6 for both the Existing + Project
ansa Curnuiative setlnaMc (cumulative to address IMPKI TROH), who will be
responsible for implementing the improvement, the applicant's fair share contribution
towards the improvement, how the improvement will be funded including a
reimbursement program where appropriate; and the schedule or trigger for initiating
and completing construction prior to the intersection operation degrading to an
unacceptable level. The Plan may include an annual monitoring program of the
intersections as a method for determining the schedule for implementing each
improvement. The Plan shall take into account whether an improvement is already
programmed and/or funded in a City or County program (i.e., Lodi Development
Impact Mitigation Fee Program, San Joaquin County Regional Transportation Impact
Fee, Measure K (existing or renewal program), and San Joaquin Council of
Governments Regional Transportation Improvement Program). If an improvement is
included in one or more of these programs, the Plan needs to consider whether the
programs schedule for the improvement will meet the needs of the project and if not
identify alternatives. The Plan shall be submitted to City staff for review and City
Council approval prior to submittal of a Development Plan application.
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LSA ASSOCIATES, INC. CEQA FINDINGS AND STArEmENr of OYERRIDING CONSIDERATIONS
MARCH 2007 LODI ANNEXATION EIR
• Provide pedestrian enhancing infrastructure that includes: sidewalks and pedestrian paths,
direct pedestrian connections, street trees to shade sidewalks, pedestrian safety
designs/infrastructure, street furniture and artwork, street lighting and or pedestrian
signalization and signage.
• Provide bicycle enhancing infrastructure that includes: bikeways/paths connecting to a
bikeway system, secure bicycle parking.
• Provide transit enhancing infrastructure that includes: transit shelters, benches, 'etc., street
lighting, route signs and displays, and/or bus turnoutsibulbs.
Provide park and ride lots.
The plans for each phase of the proposed project shall implement these measures to the extent
feasible and appropriate. The implementation of an aggressive trip reduction program with the
appropriate incentives for non -auto travel can reduce project impacts by approximately 10 to 15
percent. A reduction of this magnitude could reduce emissions, however, ozone precursors
would still exceed the significance thresholds. There is no mitigation available with currently
feasible technology to reduce the project's regional air quality impact by an additional 50
percent to a less -than -significant level. Therefore, the project's regional air quality impacts
would remain significant and unavoidable.
Finding fpr ftact AIR -2: Implementation of trip reduction measures, such as providing transit
facilities, sidewalks, and bicycle enhancing infrastructure, would reduce vehicle emissions by
approximately 10 to 15 percent. However, this reduction would not be sufficient to reduce ozone
precursors to below the significance threshold. Only substantially restricting private vehicle use
in and around Lodi would reduce this impact to a less -than -significant level. Howevef, such
draconian measures are not socially or politically feasible. There are no other feasible treasures
that would reduce vehicle emissions from the project to below the S.IVAPCD threshold. Pursuant
to Section 21081(a)(3) of the Public Resources Code, as described in the Statement of Overriding
Considerations, the City has determined that this impact is acceptable based on the specific
overriding considerations found in Section 8 below.
4A Naix
As is noted in the Final EIR, the City has the capacity to reduce to a less -than -significant level the
impacted intersections in the project -related and cumulative conditions. However, as is noted in the
EIR, the City may decide not to implement the identified improvement in order to further other City
General Plan goals. As such, the potential transportation impacts is less -than -significant, but would be
significant and unavoidable if the City decides not to implement selected improvements.
Impact NOI-2: Local traffic would generate long-term noise levels exceeding Normally Acceptable
and Conditionally Acceptable noise levels on the project site.
Mitigation Measure NOI-2a: A 6 -foot -high sound wall shall be constructed along the rear prop-
erty line of all lots adjacent to Kettleman Larne, Lower Sacramento Road and Harney Lane.
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LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
MARCH 2007 LODI ANNEXATION EIR
SECTION 5: EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT OR
NOT SIGNIFICANT
The City finds that, based upon substantial evidence in the record, as discussed below, the following
impacts associated with the project are not significant or less than significant.
5.1 Mineral Resources
The City of Lodi General Plan does not identify the project sites as mineral resources. Additionally,
the San Joaquin County General Plan does not identify the project sites as significant sand and gravel
aggregate resource areas or as generalized aggregate extraction sites. The project sites do not contain
known mineral resources, and the majority of the project sites are in active agricultural uses.
5.2 Population, Employment and Housing
The City of Lodi Housing Element was adopted by the City in 2004. The Housing Element
anticipated the development of the Westside and SW Gateway sites. As such, housing and population
impacts were addressed within this Element, and the environmental impacts associated with
Population and Housing were addressed in the EIR that was completed for the Housing Element.
SECTION 6: SIGNIFICANT CUMULATIVE EFFECTS
The cumulative analysis in the Draft EIR utilizes development that is likely to occur under the
buildout of the General Plan in addition to specific development projects listed on page 324 of the
Draft EIR.
6.1 Land Use and Planning Policy
The proposed project includes the development of the Westside project site, which is within the
City's Sphere of Influence.
While the proposed project would develop land that is currently in agricultural production, this land is
designated as "Planned Residential" within the City's General Plan. Additionally, the Housing Ele-
ment of the General Pian identifies these sites as areas to be developed. As such, the project would
not contribute to any significant cumulative land use impacts.
6.2 Transportation, Circulation and Parking
As noted in the Draft EIR, 21 intersections would be significantly impacted by the proposed project.
However, all the intersection impacts could be reduced to a less than significant level with
implementation of the identified mitigation measures discussed in Section IV.B of the Draft EIR.
However, the City may choose not to implement some of these mitigation measures so as to further
certain goals within the General Plan.
6.3 Air Quality
A number of individual projects in the City of Lodi may be under construction simultaneously with
the proposed project. Depending on construction schedules and actual implementation of projects in
the area, generation of fugitive dust and pollutant emissions during construction may result in short-
term air pollutants, which would contribute to short-term cumulative air quality impacts. However,
each individual project would be subject to SJVAPC'D rules, regulations, and other mitigation
requirements during construction.
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LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
MARCH 2007 LODI ANNEXATION SIR
6.8 Biological Resources
Impacts to biological resources from the proposed project would consist primarily of loss agricultural
lands (row crops and orchards) and nonnative grassland, which provide foraging habitat for several
special status species, and potential impacts to burrowing owl, Swainson's hawks nesting habitat, and
seasonal wetlands. Except for the potential impacts to seasonal wetlands, impacts to biological
resources resulting from project implementation will be offset through the City's implementation of
the SJMSCP conservation strategy. The SJMSCP conservation strategy was developed in
consideration of projected growth in San Joaquin County, and thus was developed to minimize
cumulative impacts to SMSCP covered species. In addition, other projects in the area with similar
impacts to biological resources are also likely to implement the SJMSCP conservation strategy.
Consequently, with implementation of the SJMSCP conservation strategy, the project will not result
in significant cumulative impacts to SJMSCP covered species.
Potential project impacts to seasonal wetlands will be minor due to the small area affected, the low
habitat value associated with the seasonal wetlands on the project site, and the proposed mitigation
that will reduce impacts to a level less than significant. Consequently, although other projects in the
area could result in impacts to similar wetlands, the project will not result in significant cumulative
affect to seasonal wetlands.
6.9 Hazards and Hazardous Materials
As two of several residential developments within the City of Lodi, the project would contribute to
increase in the generation of household hazardous wastes in tate City. Implementation of the proposed
projects would help to ensure that existing hazardous materials contamination on the project site is
remediated. Given the residential nature of the proposed projects, it is unlikely that the project would
involve the use or storage of large quantities of hazardous materials or waste. The proposed project
would not result in significant cumulative hazardous materials impact.
6.10 Utilities
Development of the proposed project, in addition to other future development in the area would
CUMU12tlVely lnereaSe the demand on utility providers and infrastructures in the project area. None of
the various public services or utilities analyzed would experience significant impacts that could not.be
mitigated to a less -than -significant level. As such, no significant cumulative impact would result. A
water analysis has determined that there is enough water to serve the proposed projects. Additionally,
there is enough capacity within the City's wastewater system to serve the project site. The proposed
project would require the construction of connections to the water system, wastewater system, and
storm drainage facilities. The project applicant would be required to pay its fair share to construct any
improvements needed to serve the project, and would therefore not contribute to a cumulative impact.
6.11 Public Services
Development of the proposed project, in conjunction with planned future area development would
cumulatively increase the demand on public services in the project area. None of the public services
analyzed would experience significant unavoidable impacts with the implementation of mitigation
measures. The proposed project includes a potential site for a future fire station and the City will fund
additional fire department staff via the General Fund and other available revenue from the project.
The project would result in need for additional police staff to meet service ratios. However, the police
N:1AdmnimelimlCA1CITYWE.Nt�
2MM-01 -EMCEQA Fmdmp.dw i3fWAO) 25
LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDiCRAT1ONS
MARCH 2907 LODI ANNEXATION EIR
department cstaff urrently does not meet service ratios, and the need for additional stawould result in a
fiscal impact, not as a significant environmental impact. In addition to paying applicable school
impact fees, acreage is provided within the Westside for school facilities. It is assumed that other
cumulative projects would be required to pay school mitigation fees, which would reduce the
cumulative impact to school services to a less -than -significant level.
6.12 Visual Resources
The proposed project would transform an area that is currently land in agricultural use to residential
and public uses. This development would be considered similar in type and density to development
immediately adjacent to the west. Removing land in agricultural production and replacing it with
residential development would result in a significant and unavoidable visual impact. However, the
City of Lodi General Plan identifies the project sites as areas to be developed. As such, the project
site would not result in a significant cumulative visual impact.
6.13 Energy
Implementation of the proposed project would result in an increase in energy consumption.
Demolition and construction activities associated with the project would result in the nonreversible
use of energy resources such as fuel and bound energy in the form of construction materials. The
installation of the new electrical substation, located on a parcel adjacent to Kettleman Lane, would be
designed to accommodate the additional electrical demand of the proposed project. Energy
conservation standards contained in the California Code of Regulations (Title 24) for new residential
and commercial development would ensure that the new development would be designed to reduce
wasteful, inefficient and unnecessary use of electricity.
Energy consumed for transportation would be subject to the fuel efficiency standards for vehicles in
California, which are designed to reduce wasteful and inefficient energy use in private vehicles. The
project would include pedestrian and bicycle design elements to further reduce the consumption of
energy for transportation. The inclusion of parks and schools within walkable distances from the resi-
dential areas within the project sites would reduce vehicle miles traveled associated with the imple-
mentation of the proposed project.
The proposed project would result its an immato in demand for energy, but established State and fed-
eral standards are in place to curtail wasteful, inefficient and unnecessary use of energy.
SECTION 7: FEASIBILITY OF PROJECT ALTERNATIVES
71 Project Alternatives
The Draft EIR included four alternatives: the No Project/No Build Alternative, the Agricultural
Residential Alternative, the Reduced Density Alternative, and the Increased High Density
Alternative. Each of these alternatives discusses on the development of the Westside project site.
The City Council hereby concludes that the Draft EIR sets forth a reasonable range of alternatives to
the Westside Project so as to foster informed public participation and informed decision making. The
City Council finds that the alternatives identified and described in the Draft ETR were considered and
further finds them to be infeasible for the specific economic, social, or other considerations set forth
below pursuant to CEQA section 21081(c).
LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDINGCONSIDERATIONS
MARCH 2007 LODI ANNEXATION EIR
7.1.1 No Project/No Build Alternative. The No Project/No Build alternative assumes thit the
project sites would generally retrain in their existing conditions and would not be subject to develop-
ment. Under this alternative, the project sites would not be incorporated into the City of Lodi, and
existing agricultural use of the project site would continue. There would be no structures constructed
on the project sites, and all existing structures would retrain. The schools, aquatic center, parks, and
park basins would not 'be built.
Fin in s. The No Project/No Build alternative would not achieve any of the objectives for the
Westside project. This alternative would not result in the significant unavoidable environmental
impact related to implementation of the project. However, the No Project/No Build alternative would
not result in the construction of any housing or recreational facilities. Therefore, the City rejects the
No Project/No Build alternative.
7.1.2 Agricultural Residential Alternative. The Agricultural Residential alternative would retain
the agricultural character of the project site, and would provide residential housing at a density of 1
unit per 20 acres. A density bonus would be granted which would allow 1 additional unit per 10 acres.
This would result in a total of approximately 20 units on the Westside site. Agricultural uses would
still occur on the project site, but the acreage would be reduced so as to accommodate the 2Q units.
The Westside site would be annexed by the City of Lodi.
This alternative would not include the construction of any schools on the project site. The aquatic
center and some park area would be incorporated into the project site. However, no park/basins would
be included on the project sites.
Fin in s. The Agricultural Residential alternative would not achieve the following objectives, of the
proposed project:
Westside Project.
• Develop a diversity of high quality housing types to meet housing needs within the City of
Lodi.
• Provide affordable housing options within the City of Lodi.
• Develop a school site that would serve future residents of the proposed project as well as
other Lodi residents.
• Develop an "open space pedestrian/bicycle central spine" within the project site that connects
to recreational and pedestrian amenities further south of the project site.
• Provide a site that could accommodate future development of an aquatic center.
• Provide adequate basin capacity for storm water detention.
The alternative would result in the creation of significantly fewer housing units and recreational
facilities. Additionally, this alternative would not provide school sites or the same amount of
recreational facilities. Therefore, the City rejects the Agricultural Residential Alternative.
N:4Adminim�uwniCAK.77'Y�RERVta 2D07V-0f.E1R-0-F.QA Fuidmlc6oc (7r19l1U07) 2
LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
MARCH 2007 LODI ANNEXATION E1R
7.1.3 The Reduced Density Alternative. The Reduced Density alternative would reduce the density
of the SW Gateway project and develop the Westside project site as the proposed project would. The
Westside project would include 370 low density units, 145 medium density units, and 175 high
density units. In addition, the Westside project would include the aquatic center, 20 acres of parks and
park/basins, and 10.6 acres school site. The SW Gateway site would have approximately 681 low
density homes, which would average three units per gross acre. The SW Gateway site would include
approximately 30 acres of parks and park/basins, but would not include a school site.
Findings. The Reduced Density Alternative would achieve all of the objectives for the Westside
project. However, the project would not achieve the following objectives for the SW Gateway
project:
• Develop a diversity of high quality housing types to meet housing needs within the City of Lodi.
• Provide affordable housing options within the City of Lodi.
• Develop a school site that would serve future residents of the proposed project as well as other
Lodi residents.
Provide adequate basin capacity for storm water detention.
When compared to the proposed project, the Reduced Density alternative would result in a reduction
in the number of units and number of school sites. Therefore, the City rejects the Reduced Density
Alternative.
7.1A Increased High -Density Alternative. This alternative would change the mix of housing units
on the Westside site. The site would have low density units at a density of 3 dwelling units per acre,
and high density units at a density of 25 dwelling units per acre. There would be no medium density
units incorporated into the project sites. The Westside project site would include the following
components: 258 low density units (86 acres); 600 high density units (24 acres); one school site; one
aquatic center; one site for a future fire station; and 20 acres of parks and park/basins.
Findings. The Increased High -Density alternative would meet all the objectives and would result in a
total of 858 units. However, this alternative would not provide any medium density housing options.
The llwi lg Elemnt diseusges the desire for a mixed of iesidatial lond um, wwl h this alternative
would not provide. Therefore, the City rejects the Increased Higb-Density alternative.
7.2 Environmentally Superior Alternative
CEQA requires the identification of the environmentally superior alternative in an ETR. Of the four
alternatives analyzed above, the No Project/No Build alternative is considered the environmentally
superior alternative in the strict sense that the environmental impacts associated with its implementa-
tion would be the least of all the scenarios examined (including the proposed project). While this
alternative would be environmentally superior in the technical sense that contribution to these afore-
mentioned impacts would not occur, this alternative would not meet many of the project objectives.
In cases like this where the No Project/No Build alternative is the environmentally superior alterna-
tive, CEQA requires that the second most environmentally superior alternative be identified. The
Agricultural Residential alternative would be considered the second most environmentally superior
alternative. Under this alternative, there would be a reduction in potential land use impacts as the
N:MduwuaatlmhCAICItY�RFS7R6 200-01.6M.CEQA Fmdmp Am W19r=7) 28
LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
MARCH 2007 LODI ANNEXATION EIR
majority of the site would remain in agricultural production. This alternative would result in tignifi-
cantly fewer trips, and associated air quality emission, than compare to the proposed project. As there
would be limited development on the site, the potential impact to biological resources and water
quality would be reduced. Additionally, this alternative would create significantly reduced demand on
public services and utilities than the proposed project. However, this project would not meet the pro-
ject objectives of providing increased residential opportunities is the City of Lodi, as well as provid-
ing parks and public facilities.
Fin in s. The City finds that the Agricultural Residential alternative would be environmentally
superior to the project, but would not provide increased residential opportunities in the City of Lodi or
provide parks and public facilities. Additionally, specific economic, legal, social, technological, or
other considerations make this alternative infeasible. Therefore, the City rejects these alternatives, and
further adopts the specific overriding considerations found in Section 8.
SECTION 8: STATEMENT OF OVERRIDING CONSIDERATIONS
CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social,
technological, or other benefits of a project against its unavoidable risks when determining whether to
approve a project. If the specific economic, legal, social, technological or other benefits of the project
outweigh the unavoidable adverse environmental effects, arose effects may be considered acceptable a
CEQA requires the agency to support, in writing, the specific reasons for considering a project accep-
table when significant impacts are not avoided or substantially lessened. Those reasons must be based
on substantial evidence in the EIR or elsewhere in the administrative record.'
in accordance with the requirements of CEQA and the CEQA Guidelines, the City finds that the
mitigation measures identified in the Final EIR and the Mitigation Monitoring and Reporting
Program, when implemented, avoid or substantially lessen many of the significant effects identified in
the Draft and Final EIR. To the extent any mitigation measures recommended in the EIR and/or
proposed project could not be incorporated, such mitigation measures are infeasible because they
would impose restrictions on the project and would prohibit realization of specific economic, social,
and other benefits that this City Council finds outweigh the unmitigated impacts. The City Council
further finds that except for the proposed project, all other alternatives set forth in the EIR are
infeasible because they would ptohibif the f0fl i i011 of project objectivEs and/or of Sp"ifig
economic, social and other benefits the City Council finds outweigh any environmental benefits of the
alternatives.
Nonetheless, several significant impacts of the project are unavoidable even after incorporation of all
feasible mitigation measures. The significant unavoidable impacts are identified and discussed in
Section 4 of these Findings. The City further specifically finds that notwithstanding the disclosure of
the. significant unavoidable impact, there are specific overriding economic, legal, social, and other
reasons for approving this project. Those reasons are as follows:
a. The project will develop a diversity of high quality housing types to meet housing needs within
the City of Lodi.
° CEQA Guidelines, Section 15093(a)
3 CEQA Guidelines, Section 15093(b)
N:%AdmiwaKn1CA1=TTWEM a:WM-01-ETA-CEQA Fu~.dm (YJ%WM) 29
LSA ASSOCIATES, INC. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
MARCH 2097 LODI ANNEXATION EIR
b. The project will provide affordable housing options within the City of Lodi
c. The project will provide park areas and recreational uses that help meet park standards within the
City of Lodi.
d. The project will develop school sites that would serve future residents of the proposed project as
well as other Lodi residents.
e. The project will develop an "open space pedestrian/bicycle spine" within the project sites that
connects to potential recreational and pedestrian amenities further south of the project site.
f. The project will provide a site that could accommodate future development of an aquatic center.
g. The project will provide adequate basin capacity for storm water detention.
h. The project will ensure orderly development pursuant to LAFCO standards.
i. The project will facilitate future residential development of these parcels within the City's
jurisdiction.
j. The project will generate revenue for the City. The City finds that property taxes from residential
areas are important to the City's revenues in order to maintain and provide services to the
community. In addition, the Community Facilities District (CFD) created for this project would
insure that the City is not overburdened by public services associated with this project.
On balance, the City finds that there are specific considerations associated with the project that serve
to override and outweigh the project's significant unavoidable effects. Therefore, pursuant to CEQA
Guidelines Section 15093(b), the adverse effects of the project are considered acceptable.
N-V&Wi+trefmCAC17TWXSW-"M-01-EIR ftKftWd-(-V1W2W7) 30
ATTACHMENT B
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION AND MONITORING REPORTING PROGRAM FOR
WESTSIDE PROJECT
This Mitigation and Monitoring Reporting Program (MMRP) lists the mitigation measures recom-
mended in the Lodi Annexation EIR for the proposed projects and identifies monitoring schedule,
mitigation responsibility, and monitoring procedures. Monitoring and reporting details are only
provided for mitigation measures necessary to avoid or reduce significant impacts of the project.
Table 1 presents the mitigation measures identified for the project. Each mitigation measure is
numbered with a symbol indicating the topical section to which it pertains, a hyphen, and the impact
number. For example, CULT -3 is the third mitigation measure identified in the Cultural and Paleon-
tological Resources analysis.
The first column of Table 1 provides the mitigation measure(s) as identified in Chapter IV of the
Draft EIR for the proposed project. The second column identifies the monitoring schedule. The third
column, "Mitigation Responsibility," identifies the party(ies) responsible for carrying out the required
action(s). The fourth column, "Monitoring Procedures," identifies the party(ies) ultimately responsi-
ble for ensuring that the mitigation measure is implemented.
NmdmmimmmCAUTYWESWec MM-014EIR-AltmftmLA4&tCMmnu kg.doc (YL*Z n
LRA ASSOCIATES. INC.
MARCH 2007
Tnhlp 1! Mitiontion Manitorinv and Renortinp Prorfram
MITIGATION AND MONITORING REPORTING PROGRAM
LODI ANNEXATION KIR
NVAdMnio,mi-%CANCre&EM.200RI-11,E1R-A«-.h—IA-kil&Ma itnring.d.(3119r"7)
Mitigation Monitoring
Reporting
Monitoring Mitigation
Date!
Mitigation Measures
Schedule Res bili Monitodaz Procedure
Comments
Initials
A. LAND USE AGRICULTURE AND PLANNING POLICY
LU- To reduce agricultural/residential land use incornpati-
Prior to approval of
Applicant
The project applicant shall pre-
bilities, the following shall be required:
Tentative Map(s) and
pare:
a. The applicant shall inform and notify prospective buyers
recordation of the Final
a) A disclosure notification
in writing, prior to purchase, about existing and on-going
Map(s)
regarding the existing agri-
agricultural activities in the immediate area in the form
cultural activities which must
of a disclosure statement. The notifications shall disclose
be reviewed and approved by
that the residence is located in an agricultural area sub-
the Community Development
jest to ground and aerial applications of chemical and
Department and signed by
early morning or nighttime farm operations which may
each prospective owner;
create noise, dust, et cetera. The language and format of
b) Tentative maps that show
such notification shall be reviewed and approved by the
suitable design and instal -
City Community Development Department prior to rec-
lation of a landscaped open
ordation of final map(s). Each disclosure statement shall
space buffer area, fences,
be recorded at the County Recorder's Office and ac-
and/or walls that minimize
knowledged with the signature of each prospective
conflicts between residential
owner. Additionally, each prospective owner shall also
uses and existing agricultural
be notified of the City of Lodi and the County of San
operations; and
Joaquin Right -to -Farm Ordinances.
c) A detailed wall and fencing
b. The conditions of approval for the tentative map(s) shall
plan for review and approval
include requirements ensuring the approval of a suitable
by the Community Devel-
design and the installation of a landscaped open space
opment Department.
buffer area, fences, and/or walls around the perimeter of
the project site affected by the potential conflicts in land
use to minimize conflicts between project residents, non-
residential uses, and adjacent agricultural uses prior to
occupancy of adjacent houses.
c. Prior to recordation of the final map(s) for bomes adja-
cent to existing agricultural operations, the applicant
shall submit a detailed wall and fencing plan for review
and approval by the Community Development Depart-
ment.
NVAdMnio,mi-%CANCre&EM.200RI-11,E1R-A«-.h—IA-kil&Ma itnring.d.(3119r"7)
LSA ASSOCIATES. INC.
MARCH 2007
Tahle 1 Cnntinued
MITIGATION AND MONITORING REPORTING PROGRAM
LODI ANNEXATION ETR
N.%AdminimTmim%CA%CITYtR[S1A= 2f1M.OI-EIR-ArtndirmtA-Mii&Mmilmimg.dm (V IWW)
Mitization Monitorinc
Reporting
Monitoring
Mitlptlon
Date/
Mitigation Measures
Schedule
Responsibility
Monitoring Procedure
Comments
Initials
Mitigation Measure LU -2: Prior to issuance of a building
Prior to issuance of a
Applicant
The applicant shall either:
permit after the first quarter of the building permits for the
building permit after the
1) Identify prime farmland to
Westside project have been approved, the applicant shall
first quarter of the
protect for in perpetuity as
provide and undertake a phasing and financing plan (to be
combined Westside and
determined appropriate by
approved by the City Council) for one of the following
SW Gateway building
the City of Lodi, or
mitigation measures:
permits have been
approved.
(1) Identify acreage at a minimum ratio of 1:1 in kind
2) Participate in the County
Agricultural Mitigation pro -
(approximately a total of 151 acres of prime farmland
(currently not protected or within an easement) to protect in
gram
perpetuity as an agricultural use in a location as determined
appropriate by the City of Lodi in consultation with the
Central Valley Land Trust; or
(2) With the City Council's approval, comply with the
requirements of the County Agricultural Mitigation program.
LUQ: The applicant shall pay all fees associated with termi-
Prior to issuance of
Applicant
The applicant shall pay all fees
nating a Williamson Act Contract.
building permits for
associated with terminating a
structures on parcels with
Williamson Act contract
active Williamson Act
Contracts
It. TRAFFIC AND CIRCULATION
TRANS -1: Each of the following mitigation measures shall
Prior to Tentative
Applicant
The project applicant shall:
be implemented to reduce the project's impact on the identi-
Subdivision Map
1) Implement the identified
fied 15 intersections:
approval
vehicle trip generation and
la: Mitigation Measure AIR -2 identifies measures recom-
resulting emission desired by
mended by the SJVAFCD's "Guide for Assessing and
the City; and
Mitigating Air Quality Impacts to reduce vehicle trips and
2) Prepare a Traffic Mitigation
associated air quality impacts. Implementation of the same
Implementation and Finane-
measures would also reduce associated traffic impacts. The
ing Plan (for review and
following are considered to be feasible and effective in
approval by the City/City
-
further reducing vehicle trip generation and resulting
Council) and implement the
emissions from the project and shall be implemented to the
identified improvements.
extent feasible and desired by the City:
N.%AdminimTmim%CA%CITYtR[S1A= 2f1M.OI-EIR-ArtndirmtA-Mii&Mmilmimg.dm (V IWW)
LSA ASSOCIATES, INC.
MARC11 2007
Table I Continued
MITIGATION AND MONITORING REPORTING PROGRAM
LOBI ANNEXATION EIR
KAAdm iftmfm ffiCnWES a (3119=7)
Mitigation MOW torinit
Reportin
Monitoring
Mitigation
Date)
Mitigation Measures
Schedule
Responsibility
Monitoring Procedure
comments
Initials
• Provide pedestrian enhancing infrastructure that includes:
sidewalks and pedestrian paths, direct pedestrian connec-
tions, street trees to shade sidewalks, pedestrian safety
designs/infrastructure, street furniture and artwork, street
lighting and or pedestrian signali7ation and signage,
• Provide bicycle enhancing infrastructure that includes:
bikeways/paths connecting to a bikeway system, secure
bicycle parking.
• Provide transit enhancing infrastructure that includes:
transit shelters, benches, etc., street lighting, route signs
and displays, and/or bus turnouts/bulbs.
• Provide park and ride lots.
The implementation of an aggressive trip reduction program
with the appropriate incentives for non -auto travel can
reduce project impacts by approximately 14 to 15 percent.
Such a reduction would help minimize theproject's impact.
lb, The implementation of each of the improvements listed
in Table iV.B-6 would reduce the impacts to the iden-
tified 16 intersections to a less -than -significant level. To
mitigate these impacts, the project applicant shall prepare
a Traffic Mitigation Implementation and Financing Plan
that details each of the physical improvements and the
timing and geometric changes listed in Table FV.B-6 for
both the Existing + Project and Cumulative scenarios
(cumulative to address Impact TRANS -2), who will be
responsible for implementing the improvement, the
applicant's fair share contribution towards the improve-
ment, how the improvement will be funded including a
reimbursement program where appropriate, and the
schedule or trigger for initiating and completing con-
struction prior to the intersection operation degrading to
an unacceptable level. The Plan may include an annual
monitoring program of the intersections as a rnethod for
determining the schedule for implementing each in -
provement. The Plan shall take into account whether an
KAAdm iftmfm ffiCnWES a (3119=7)
LSA ASSOCIATES, INC.
MARCH 2907
Table 1 Continued
MITIGATION AND MONITORING REPORTING PROGRAM
LODI ANNEXATION ETR
WAdmhis1rMim%rA1C]TrPEMRe2007T1-01-tlR-AlmehtmeA-Mi&Mmitain6.dm(Y nM?)
Mitigation Monitoring
Reporting
Monitoring
Mitigation
Datel
Mitigation Measures
Schedule
ReWnsibility
Monitoring Procedure
Comments
Initials
improvement is already programmed and/or funded in a
City or County program (i.e., Lodi Development Impact
Mitigation Fee Program, San Joaquin County Regional
Transportation Impact Fee, Measure K (existing or re-
newal program), and San Joaquin Council of Govern-
ments Regional Transportation Improvement Program).
If an improvement is included in one or more of these
programs, the Plan needs to consider whether the pro-
grams schedule for the improvement will meet the needs
of the project and if not identify alternatives. The Plan
shall be submitted to City staff for review and City
Council approval prior to submittal of a Development
Plan application.
Implementation of Measure TRANS-] a and TRANS -lb,
would mitigate the project's impact on existing conditions to
a less -than -significant level. However, the City may decide
to not implement select improvements in order to avoid
trending towards a community that is too orientated to the
automobile, which would conflict with some of the General
Plan policies that emphasize pedestrian scale. Additionally
some of the improvements identified are short-term solutions
that the City may not choose to implement if a more signif-
icant long-term improvement is being planned (i.e., recon-
struction of the Kettleman Lane/SR 99 interchange). As a
result, the project's impact at some intersections may be
significant and unavoidable if the City chooses not to imple-
ment the recommended mitigation measure.
VANS -2: Implementation of Measure TRANS -1 a and
Prior to Tentative
Applicant
The project applicant shall:
TRANS -Ib, would mitigate the project's contribution to
Subdivision Map
1) Implement the identified
Cumulative condition to a less -than -significant level at the
approval
vehicle trip generation and
19 intersections that would be significantly impacted in the
resulting emission desired by
2030 Cumulative condition. For the intersections that could
the City; and
_
be mitigated to a less -than significant level, the City may
2) Prepare a Mitigation
decide to not implement select improvements in order to
TanenTraffi
Implementation and rianc-
avoid trending towards a community that is too orientated to
and
Trig Plan (for review and
the automobile, which would conflict with some of the
approval by the City/City
General Plan policies that emphasize pedestrian scale.
WAdmhis1rMim%rA1C]TrPEMRe2007T1-01-tlR-AlmehtmeA-Mi&Mmitain6.dm(Y nM?)
LSA ASSOCIATES. INC.
MARCH V107
Table 1 Continued
MITIGATION AND MONITORING REPORTING PROGRAM
LODI ANNEXATION ETR
NAAdmin1W9 m`CAUTrREMM (3119IMM
Miti arson Monitorin
R rti
Monitoring
Mitigation
Date/
Mitigation Measures
Schedule
Res _blllty
Moriltoring Procedure
Comments
Initials
Additionally some of the improvements identified are short-
Council) and implement the
term solutions that the City may not choose to implement if a
identified improvements.
more significant long-term improvement is being planned
nter-
(i.e., reconstruction of the Kettleman Lane/SR 9q inter-
chan e).
change).
C. AIR QUALITY
AIR -la: Consistent with Regulation VIII, Fugitiwe PM10
During demolition,
Construction
City of Lodi Building Division
Prohibitions of the SNAPCD, the following controls are
grading and construction
Manager
staff, as appropriate, shall peri -
required to be implemented at all construction sites and as
odically consult with construction
specifications for the project.
representatives to ensure they
• All disturbed areas, including storage piles, which are not
comply with this requirement.
being actively utilized for construction purposes, shall be
effectively stabilized of dust emissions using water,
chemical stabilizer/suppressant, covered with a tarp or
other suitable cover or vegetative ground cover.
• All on-site unpaved roads and off-site unpaved access
roads shall be effectively stabilized of dust emissions
using water or chemical stabilizer/suppressant.
• All land clearing, grubbing, scraping, excavation, land
leveling, grading, cut and fill, and demolition activities
shall be effectively controlled of fugitive dust emissions
utilizing application of water or by presoaking.
• With the demolition of buildings up to six stories in
height, all exterior surfaces of the building shall be wetted
during demolition.
• When materials are transported off-site, all material shall
be covered, or effectively wetted to limit visible dust
emissions, and at least six inches of freeboard space from
the top of the container shall be maintained.
NAAdmin1W9 m`CAUTrREMM (3119IMM
LSA ASSOCIATES, TNC.
MARC" 2W
Table 1 Continued
MITIGATION AND MONITORING REPORTING PROGRAM
LODI ANNEXATION EIR
NUnminiomim%CAUTYtRPMRa2DM-01-ETR-Ahad—tA,MI&MmMm 9r:l (31191M
Mitigation Mo
rina
Re rd
Mottitoring
Mitigation
Date/
Mitigation Measures
Schedule
Responsibility
Monitorin Procedure
Comments
Initials
* All operations shall limit or expeditiously remove the
accumulation of mud or dirt from adjacent pulblic streets at
the end of each workday. (The use of dry rotary brushes is
expressly prohibited except where preceded or accom-
panied by sufficient wetting to limit the visible: dust emis-
sions. Use of blower devices is expressly forbidden.)
• Following the addition of materials to, or the removal of
materials from, the surface of outdoor storage piles, said
piles shall be effectively stabilized of fugitive Kiust emis-
sion utilizing sufficient water or chemical stabi-
1 izerlsuppressant.
• Within urban areas, trackout shall be immedia[ely
removed when it extends 50 or more feet from► the site and
at the end of each workday.
• Any site with 150 or more vehicle trips per day shall
prevent carryout and traekout.
Additional ntro MMu: Construction of the project
requires the implementation of control measures set forth
under Regulation VIII. The following additional control
measures would further reduce construction emissions and
should be implemented with the project:
• Limit traffic speeds on unpaved roads to 15 mph;
• Install sandbags or other erosion control m&-mures to
prevent silt runoff to public roadways from sites with a
slope greater than 1 percent;
• Install wheel washers for all exiting trucks, or- wash off all
trucks and equipment leaving the site;
• Install wind breaks at windward side(s) of construction
area;
• Suspend excavation and grading activity whets winds
exceed 20 mph (regardless of windspeed, an
ownerloperator must comply with Regulation, VilI's 20
percent opacity limitation);
NUnminiomim%CAUTYtRPMRa2DM-01-ETR-Ahad—tA,MI&MmMm 9r:l (31191M
LSA ASSOCIATES, INC.
MARCH 2047
Table 1 Continued
MITIGATION AND MONITORING AlIrORTING PROGRAM
LODI ANNEXATION EfR
N:4Wmi.WMim1CA%CrTY1RES%ft (311980.171
Mitigation Moni
rina
Re rtin
Monitoring
Mitigation
Date/
Mitigation Measures
Schedule
Responsibility
Monitoring Procedure
Comments
Initials
• Limit area excavation, grading, and other construction
activity at any one time;
• Install baserock at entryways for all exiting trucks, and
wash off the tires or tracks of all trucks and equipment in
designated areas before leaving the site; and
• Suspend excavation and grading activity when• winds
(instantaneous gusts) exceed 20 mph.
AIR -lb: The following construction equipment mitigation
measures are to be implemented at construction sites to
reduce construction exhaust emissions:
• Use electric equipment for construction whenever possible
in lieu of fossil fuel -fired equipment;
• Properly and routinely maintain all construction equip-
ment, as recommended by the manufacturer II-ranuals, to
control exhaust emissions;
• Shut down equipment when not in use for extended peri-
ods of time to reduce emissions associated with idling
emissions;
• Limit the hours of operation of heavy duty equipment
and/or the amount of equipment in use; and
• Curtail construction during periods of high ambient pollut-
ant concentrations; this may include ceasing of constmc-
tion activity during the peak: -hour of vehicular traffic on
adjacent roadways, and "Spare The Air Days" declared by
the District.
Implementation of these mitigation measures would reduce
construction period air quality impacts to a
less -than -significant level.
N:4Wmi.WMim1CA%CrTY1RES%ft (311980.171
LSA ASSOCTAT$S, TNC.
MARCH 2007
Table 1 Continued
MITIGATION AND MONITORING REPORTING PROGRAM
LODI ANNEXATION ETR
N: LAdmiaieftmw%CMCnY6REli m2d07SfA1-[ilA,Ar,ainmu-TliutNknpme}CIM 01JOW1
Mitt tion Monitoring
Repordn
Monitoring
Mitigation
Date/
Mitigation Measures
Schedule
Responsibility
Monitors Procedure
Comments
Initials
AIR -2: The SJVAPCD's "Guide for Assessing and
Prior to tentative map
Applicant
City staff verifies that reduced
Mitigating Air Quality Impacts" identifies potential
approval
vehicle trip generation measures
mitigation measures for various types of projects, The Guide
have been incorporated into the
identifies a number of measures to further reducintg vehicle
Tentative Map.
trip generation and resulting emissions. The following
measures shall he implemented to the extent feasible (it is
noted that many of these features are already incorporated
into the project).
• Provide pedestrian enhancing infrastructure tlsat includes:
sidewalks and pedestrian paths, direct pedestrian connec-
tions, street trees to shade sidewalks, pedestriam safety
designs/infrastructure, street furniture and artwork, street
lighting and or pedestrian signalization and signage.
• Provide bicycle enhancing infrastructure that includes:
bikeways/paths connecting to a bikeway system, secure
bicycle parking.
• Provide transit enhancing infrastructure that includes:
transit shelters, benches, etc., street lighting, route signs
and displays, and/or bus turnouts/bulbs.
• Provide park and ride lots.
The plans for each phase of the proposed project shall
implement these measures to the extent feasible and
appropriate. The implementation of an aggressive trip
reduction program with the appropriate incentives for non
auto travel can reduce project impacts by appror-imately 10
to 1.5 percent. A reduction of this magnitude cottld reduce
emissions, however, ozone precursors would still exceed the
significance thresholds. There is no mitigation available with
currently feasible technology to reduce the proje;ct's regional
air quality impact by an additional 50 percent to a less -than -
significant level. 'therefore, the project's regional air quality
_
imRacts would remain si nificant and unavoidable.
N: LAdmiaieftmw%CMCnY6REli m2d07SfA1-[ilA,Ar,ainmu-TliutNknpme}CIM 01JOW1
LSA ASSOCIATES, INC.
MARCH 2007
Table 1 Continued
MITIGATION ANO MONITORING REPORTING PROGRAM
LOBI ANNEXATION ETR
N:�AdminlmrimYCA1C1TY5RE51Aa 200711-01-EIRAIindumFA-MitRManilaingAoc(3119l1007)
Mitigation Monitoring
Reportln
Monitoring
Mitigation
Date!
Mitigation Measures
Schedule
Rg2onsibility
Monitoring Procedure
Comments
Initials
D. NOISE
N01 -1 a: Construction activities would need authorization
During demolition,
Construction
City staff verifies that construc-
under City issuance of construction permits before any work
grading and construction
Manager
tion activities occur during the
could commence on-site. Construction activities shall be
allowed hours of construction
limited to the hours of 7:00 a.m. to 10:00 p.m. Monday
activities.
through Sunday, consistent with the City's Ordinance.
NOT -lb: All stationary noise generating construction equip-
ment, such as air compressors and portable power generators,
shall be located as far as practical from existing residences.
By meeting the hours of construction timeframe and mini-
mizing noise from stationary construction equipm-wnt, the
project will not result in a substantial temporary or periodic
increase in ambient noise levels. .
N01 -2a: A 6 -foot -high sound wall shall be constructed along
Prior to issuance of a
Construction
City staff shall verify that identi-
the rear property line of all lots adjacent to Lower Sacra-
certificate of occupancy
Manager
fred mitigation measures have
mento Road.
been incorporated into the project
plans.
N01 -2b: Mechanical ventilation (such as air conditioning)
shall be installed in the proposed residential units adjacent to
Lower Sacramento Road so that the windows care remain
closed for prolonged periods of time.
1901-2c: Windows with a minimum STC rating of STC -32
shall be installed in all units directly exposed to Lower
Sacramento Road.
N0I-2d: A sound barrier with a minimum height of 5 feet is
recommended for all upper floor outdoor use areas directly
adjacent to Lower Sacramento Road.
Should the City determine that sound wail and sound barriers
are not appropriate or feasible for the proposed project, the
impact would be considered significant and unavoidable.
LSA ASSOCIATES. INC.
MARCH 2007
Table i Continued
Measures
Monitoring
CULT! 1: implementation of either Mitigation Measure Prior to ground distur-
CULT-1 a or CULT -1 b would reduce this impact to a less- bane or construction
than -significant level. in order to avoid possible work stop- activities
page and project delays at the location of the resource, imple-
mentation of Mitigation Measure CULT-I(a) is thle recom-
mended alternative. The mitigation measure selected, how-
ever. shall be determined by the lead agency.
La. Prior to the initiation of any project ground di sturbance
or any construction activities within 54 feet of archaeo-
logical site LAN -1, it shall be recorded on the appropri-
ate State of California Department of Parks and Recrea-
tion DPR 523 forms. Prior to ground disturbance at this
location, a qualified historical archaeologist shall evalu-
ate the site for its eligibility for listing in the California
Register. An evaluation shall include archival research
and subsurface archaeological testing. If the site is deter-
mined to not be eligible for listing in the California Reg-
ister, no further study or mitigation of the site is required.
Shall the site or intact features within the site be found to
be a historic or unique archaeological resource as defined
under CEQA, project related impacts to the site shall be
mitigated. If the deposits are eligible, they shall be
avoided by adverse effects, or, if avoidance is not feasi-
ble, the adverse effects shall be mitigated. Mitigation
may include, but is not limited to data recovery exca-
vation. If data recovery excavation is appropriate, the
excavation must be guided by a data recovery plan pre-
pared and adopted prior to beginning the data recovery
work. A report of findings shall be submitted to the pro-
ject applicant, the City of Lodi, and the Central Cali-
fornia Information Center (CCR Title 14(3)
§ I 5126.4(b)(3)(C)). This approach would reduce this
impact to a less -than -significant level.
1 b. Prior to any project activities within 50 feet of archaeo-
logical site LAN -1, it shall be recorded on tlhe appropri-
MITIGATION AND MONITORING REPORTING PROGRAM
LORI ANNEXATION EIR
Mitigation I I 1 Date/
Project City staff shall verify that proper
Archaeologist documentation and monitoring of
the identified archaeological site.
N:USMmrtir�rmim�CA7L'1'T!'tiRE51Res 200N-01-ETR-AeladurrilA-Mit&Mmllt,itR.d.ocf3lI9R00'1) 11
LSA ASSOCIATES, INC -
MARCH 2007
Table 1 Continued
MITIGATION AND MONITORING REPORTING PROGRAM
LODI ANNEXATION FT11
N,Utlministrxirn�CA�C1T'ViRFSltes l�"rif-OlBIp.AttecfnmtA-Mf1AMrnimrin8-1�1197M07)
Mita tion Mon!
ring
Re rd
Monitoring
Mitigation
Date/
Mitigation Measures
Schedule
Responsibility
Monitoring Procedure
Comments
Initials
ate State of California Department of Parks and Recrea-
tion DPR523 forms. A qualified archaeologist shall
monitor ground disturbing activities within NP feet of
LAN -f in the Westside project area. Project activity shall
cease in the immediate vicinity of a subsurface find and
the discovery evaluated and appropriate treatment op-
tions developed.
Archaeological monitors shall he empowered to halt con-
struction activities at the location of the disci -very to
review possible archaeological material and to protect the
resource while the finds are being evaluated.1%4onitaring
shall continue until, in the archaeologist's jud gment,
cultural resources are not likely to be encountered.
If subsurface historic archaeological deposits. e.g., wells,
privies, and foundations, are encountered duritng project
activities, all work within 25 feet of the discovery shall
be redirected until the archaeological monitor can evalu-
ate the finds and make recommendations. It is recom-
mended that adverse effects to archaeological discoveries
be avoided by project activities. If such deposits cannot
be avoided, they shall be evaluated for their eligibility for
listing on the California Register (i.e., it shall be deter-
mined whether they qualify as historical or unique ar-
chaeological resources under CEQA). if the deposits are
not eligible, avoidance is not necessary. If the deposits
are eligible, they shall be avoided by adverse effects, or,
if avoidance is not feasible, the adverse effects shall be
mitigated. If data recovery excavation is appropriate, the
excavation must be guided by a data recovery plan pre-
pared and adopted prior to beginning the data recovery
work. A report of findings shall be submitted- to the
project applicant, the City of Lodi, and the Central Cali-
fornia Information Center (CCR Title 14(3)
§ 15126.4(h)(3)(C)). It is anticipated that this approach
will reduce this impact to a less-than-si nific ant level.
12
LSA ASSOCIATES. INC.
MARCH 2007
Table 1 Continued
MITIGATION AND MONITORING REPORTING PROGRAM
LOO] ANNEXATION EIR
N:Udmenisrrmirnl[A7CkTYVtF.SAm 100T]ol-F1R-Auer]p,ntA-Milk3drnik�mg,�m {7l19M0T1 13
Mite ation Mo
ng
RmittIm
Monitoring
Mitigation
Date(
Mitigation Measures
Schedule
Responsibility
Monitoripj Procedure
Comments
Initials
CULT -2: If prehistoric or historic archaeological rnaterials
During demolition,
Construction
City staff shall visit the site and
are encountered during project activities, ail work within 25
grading, and construction
Manager
review findings should prehis-
feet of the discovery shall be redirected and a qualified
toric or historic archaeological
archaeologist contacted to evaluate the finds and retake ree-
materials be identified onsite.
ontmendations. It is recommended that adverse effects to
such deposits be avoided by project activities. If ruch depos-
its cannot he avoided, they shall be evaluated for their eligi-
bility
for listing on the California Register (i.e., it shall be deter-
mined whether they qualify as historical or unique amhaeo-
logical resources under CEQA). If the deposits aroe not eligi-
ble, avoidance is not necessary. If the deposits are: eligible,
they shall he avoided by adverse effects, or, if avoidance is
not feasible, the adverse effects shall be mitigated.
Mitigation may include, but is not limited to, thorough re-
cording on Department of Parks and Recreation folm 523
records (DPR 523) or data recovery excavation. I # data
recovery excavation is appropriate, the excavation must he
guided by a data recovery plan prepared and adopted prior to
beginning the data recovery work, and a report of findings
shall be submitted to FCB, the City of Lodi, and the Central
California Information Center (CCR Title 14(3)
§15126.4(b)(3)(C)).
CULT -4: if human remains are encountered, work within 25
During demolition,
Construction
City staff shall review and verify
feet of the discovery will be redirected and the County Coro-
grading and construction
Manager
that proper documentation and
ner notified immediately. At the same time, an archaeologist
actions should human remains be
will be contacted to assess the situation. If the human re-
identified.
mains are of Native American origin, the Coroner must
notify the Native American Heritage Commissiom within 24
hours of this identification. The Native American Heritage
Commission will identify a Most Likely Descendant (MLD)
`
to inspect the site and provide recommendations for the
proper treatment of the remains and associated grave goods.
Upon completion of the assessment, the archaeologist shall
prepare a report documenting the methods and rosults, and
provide recommendations for the treatment of the human
N:Udmenisrrmirnl[A7CkTYVtF.SAm 100T]ol-F1R-Auer]p,ntA-Milk3drnik�mg,�m {7l19M0T1 13
LSA ASSOCIATES, INC.
MARCH 2007
Table 1 Continued
MITIGATION AND MONITORING REPORTING PROGRAM
LODI ANNEXATION EIR
N, lAdminielr,dim"%cr YvWXUkm 14
Mitigation Monitoring
Reportinit
Monitoring
Schedule
Mitigation
ReSIDonsibility
Monitorina Procedure
Comments
Date/
Initials
Mitigation Measures
remains and any associated cultural materials, as appropriate
and in coordination with the recommendations of the MLD.
The report shall be submitted to the project applicant, the
City of Lodi, and the Central California Information Center.
It is anticipated that implementation of Mitigation Wleasure
CULT -4 will reduce impacts to human remains to less -than -
significant levels.
CULT -5- if ground disturbing activity is anticipated below
During ground disturbing
Project Pale-
City staff shall verify that pre -
the project area soil layer, the initial ground disturbance
activities below the
ontologist
field monitoring preparation has
below that depth in geologic units shall be monitored by a
project area soil layer
occurred and that the recom-
qualified paleontologist. Subsequent to monitoring this initial
mendations have been inoorpo-
ground disturbance, the qualified paleontologist will make
rated into the proposed project.
recommendations regarding further monitoring based on the
initial findings. This can include, but is not limited to,
continued monitoring, periodic reviews of ground
disturbance below project area soil layers, or no further
monitoring.
Pre -field monitoring preparation by a qualified paleontolo-
gist shall take into account specific details of project
construction plans as well as information from available
paleontological, geological, and geotechnical studies.
Limited subsurface investigations may be appropriate for
defining areas of paleontological sensitivity prior to ground
disturbance.
N, lAdminielr,dim"%cr YvWXUkm 14
LSA ASSOCIATES, INC.
MARCH 2007
Table 1 Continued
MITIGATION AND MONITORING REPORTING PROGRAM
LODT ANNEXATION EIA
NuAmmioT�imICMMYWEMm 2M7V-0I-EIR�A44M m IA-A4t&Mmilme,g.&c 0119/ZoA71 15
Mitigation MOW ring..Re
rtinit
Monitoring
Schedule
Mitigation
Responsibility
Monitorina Procedure
Comments
Date/
Initials
Mitigation Measures
If paleontological resources are encountered during project
activities, all work within 25 feet of the discovery shall be
redirected until the paleontological monitor has evaluated the
resources, prepared a fossil locality form documenting them,
and made recommendations regarding their treatment. If
paleontological resources are identified, it is recommended
that such resources be avoided by project activities.
Paleontological monitors must be empowered to halt
construction activities within 25 feet of the discovery to
review the possible paleontological material and to protect
the resource while it is being evaluated. If avoidance is not
feasible, adverse effects to such resources shall be mitigated.
Mitigation can include data recovery and analysis, prepara-
tion of a report and the accession of fossil material recovered
to an accredited paleontological repository, such as the
UCMP.
Monitoring shall continue until, in the paleontologist's
judgment, paleontological resources are no longer likely to
be encountered. Upon project completion, a report shall be
prepared documenting the methods and results of monitor-
ing. Copies of this report shall be submitted to the project
applicant, the City of Lodi Planning Department, and to the
Egnsitory where fossils are accessioned.
F. GEOLOGY SOILS AND SEISMICITY
GEO-]a: Each project's conditions of approval shall require
Prior to approval of
Project
The City staff shall verify that the
the project he designed according to the most recent CBC
grading plans
Architect/
project meets the most recent
and UBC Seismic Zone 3 requirements, applicable local
Engineer
CBC and UBC Seismic 3 re -
codes, and be in accordance with the generally accepted
quirements, and that the design -
standard for geotechnical practice for seismic design in
level geotechnical investigation
Northern California,
recommendations are incorpo-
rated into the construction and
grading plans
NuAmmioT�imICMMYWEMm 2M7V-0I-EIR�A44M m IA-A4t&Mmilme,g.&c 0119/ZoA71 15
LSA ASSOCIATES, INC.
MARCH 2007
Table 1 Continued
MITIGATION AND MONITORING REPORTING PROGRAM
LODI ANNEXATION EIR
N:udminiNairnlCAYdTYiRF.SIRS+20D7�1-01-HRt.AnedmfflA-N61k.Matha�ng.doc 4�119/20D71 - 16
Mitigation Mon!
rinit
Re rd
Monitoring
Schedule
Mitigation
Resuonsibility
Monitoring Procedure
Comments
Date/
Initials
Mitigation Measures
GGO-Iib: Prior to the approval of grading plans, the project
applicant shall perform design -level geotechnical investiga-
tions and incorporate all recommendations into the project
construction documents and grading plans.
GEO-2: If the project includes buried metal components, a
Prior to issuance of a
Project
City staff shall verify that a
corrosion engineer shall be retained to design corrosion
building permit
Engineer
design corrosion protections
protection systems appropriate for the project sites to be
system has been incorporated into
approved by the Community Develpprwnt t.
the Droposed VMiprt, if uired.
G. HYDROLOGY AND WATER QUALITY
HYD- l: Implementation of the following two-part mitiga-
Prior to approval of final
Project Appli-
City staff shalt verify that the
tion measure would reduce potential impacts associated with
grading and drainage
cant/Project
Master Utility Plan complies with
increased peak runoff volumes to a less -than -significant
plans
Engineer
the City's storm water require -
level:
ments
la: As a condition of approval of the final grading and
drainage plans for the projects, the Public Works depart-
ment shall verify that the Master Utility Plan for the
Westside site will comply with the City's stormwater
requirements.
1h: Prior to the approval of the final grading and drainage
plans for the Westside projects, a hydraulic analysis
shall be provided to the Public Works Department for
verification that implementation of the proposed drain-
age plans would comply with the City's storm water
requirements.
N:udminiNairnlCAYdTYiRF.SIRS+20D7�1-01-HRt.AnedmfflA-N61k.Matha�ng.doc 4�119/20D71 - 16
LSA ASSOCIATES, INC.
MARCH 2O07
Table 1 Continued
MITIGATION AND MONITORING REPORTING PROCRAM
LODI ANNEXATION EIR
N:1AdmirtrM��inn[CA[C17YWEs1Ra 211D7U-a[-EiR-A��sAu�mAAtil&MmavinA.tl�e (1/19R0�T) 1
Mithanation
oring
R rtin
Monitories 11
Mitigation
Date/
Mitigation Measures
Schedule
ResDonsibility
Monitoring Procedure
Comments
Initials
HYD -2: The project proponent for each development project
Prior to Construction
Project Appli-
The City Public Works Depart -
shall prepare a Storm Water Pollution Prevention Plan
cant/Project
ment shall review and approve
(SWPPP) designed to reduce potential impacts to surface
Engineer
the SWPPP and drainage plan
water quality through the construction period of the project.
prior to approval of the grading
The SWPPP must be maintained on-site and made available
plan.
to City inspectors and/or RWQCB staff upon request. The
SWPPP shall include specific and detailed BMPs designed to
mitigate constriction -related pollutants. At minimum, BHPs
shall include practices to minimize the contact of construc-
tion materials, equipment, and maintenance supplies (e,g.,
fuels, lubricants, paints, solvents, adhesives) with storm
water. The SWPPP shall specify properly designed central-
ized storage areas that keep these materials out of the rain.
An important component of the storm water quality protec-
tion effort is the knowledge of the site supervisors and work-
ers. To educate on-site personnel and maintain awareness of
the importance of storm water quality protection, site super-
visors shall conduct regular tailgate meetings to discuss
pollution prevention. The frequency of the meetings and
required personnel attendance list shall be specified in the
SWPPP.
The SWPPP shall specify a monitoring program to be imple-
mented by the construction site supervisor, which must
include both dry and wet weather inspections. In addition, in
accordance with State Water Resources Control Board
Resolution No. 2001-045, monitoring would be required
during the construction period for pollutants that tnay be
present in the runoff that are `hot visually detectable in run-
off." RWQCB and/or City personnel, who may make unan-
nounced site inspections, are empowered to levy consid-
erable fines if it is determined that the SWPPP has not been
_
properly re ared and implemented.
N:1AdmirtrM��inn[CA[C17YWEs1Ra 211D7U-a[-EiR-A��sAu�mAAtil&MmavinA.tl�e (1/19R0�T) 1
LSA ASSOCIATES, INC.
MARC" 2067
Table 1 Continued
MITIGATION AND MONITORING REPORTING PROGRAM
LORI ANNEXATION FIR
NAAdnnifrr9ioMCA%CITY%REMRa 260711-0I-EIR-AllxmntA-KlikMmilamgdm JV11 M) _ 18
Miti tion o
ng
Re ortin
Monitoring
Schedule
Mitigation
ReSDonsibility
Monitoring Procedure
Comments
Date/
Initials
Mitigation Measures
RMPs designed to reduce erosion of exposed soil may
include, but are not limited to: soil stabilization controls,
watering for dust control, perimeter silt fences, placement of
hay bales, and sediment basins. The potential for erosion is
generally increased if grading is performed during the rainy
season as disturbed soil can be exposed to rainfall and storm
runoff. if grading must be conducted during the rainy season,
the primary BMPs selected shall focus on erosion control,
that is, keeping sediment on the site. End -of -pipe sediment
control measures (e.g., basins and traps) shall be used only as
secondary measures, if hydroseeding is selected as the pri-
mary soil stabilization method, then these areas shall be
seeded by September 1 and irrigated as necessary to ensure
that adequate root development has Occurred prior to October
1. Entry and egress from the construction site shall be care-
fully controlled to minimize off-site tracking of sediment.
Vehicle and equipment wash -down facilities shall be
designed to be accessible and functional during both dry and
wet conditions.
The City Public Works Department shall review and approve
the SWPPP and drainage plan prior to approval of the grad-
ing plan. City staff may require more stringent storm water
treatment measures, at their discretion. Implementation of
this mitigation would reduce the level of significance of this
impact to a less than-si ifcant level.
HYD -3: Each SWPPP shall include provisions for the proper
Prior to construction
Project
The City Public Works Depart -
management of construction -period dewatering. At mini-
Engineer
ment shall review and approve
mum, all dewatering shall be contained prior to discharge to
the SWPPP to ensure proper
allow the sediment to settle out, and filtered, if necessary to
provisions for dewatering, and
ensure that only clear water is discharged to the storm of
that protocol for dewatering is
sanitary sewer system, as appropriate. In areas of suspected
followed.
groundwater contamination (i.e., underlain by fill or near
sites where chemical releases are known or suspected to have
occurred), groundwater shall be analyzed by a State -certified
laboratory for the suspected pollutants prior to discharge.
Based on the results of the analytical testing, the project
proponent shall acquire the appropdabe permit s from the
NAAdnnifrr9ioMCA%CITY%REMRa 260711-0I-EIR-AllxmntA-KlikMmilamgdm JV11 M) _ 18
LSA ASSOCIATES, INC.
MARC" 2007
Table 1 Continued
MITIGATION AND MONITORING REPORTING PROGRAM
LOUT ANNEXATION BIR
N:1AAminiMrntim%rACITYIRESRea 2"1-01-EIR-AIIKt. IA-MI&Mmi"mg.dm (3119r'Wl)
Midistation Moni
orinx
Repord
Monitoring
Mitigation
Datel
Mitigation Measures
Schedule
Responsibility
Monitorine Procedure
Comments
Initials
RWQCB prior to the release of any dewatering discharge
into the storm drainage system.
Section IV.1, Hazards and Hazardous Materials, of this SIR,
includes a discussion of the Remediation Action Plan (RAP)
and Health and Safety Plan (HSP) for the site.
Proper implementation of the mitigation measure described
above would reduce this impact to a less -than -significant
level.
H. BIOLOGICAL RESOURCES
BIO -1: Implementation of these measures will reduce
Prior to approval of
Project Appli-
City staff shall verify the pay -
impacts to western burrowing owl to a less than significant
grading plans and prior to
cant/ Project
ment of appropriate fees by the
level.
ground disturbing
Biologist
project applicants. City of Lodi
jj: Prior to approval of grading pians, the project proponent
activities
staff, as well as a qualified biolo-
shall pay the appropriate fees to SIC0G, in accordance
gist, shall review project con -
with the SJMSCP conservation strategy, for conversion
struction activities and periodi-
of undeveloped lands,
tally consult with construction
lb: No more than 30 days prior to any ground disturbing
representatives to ensure they
activities, a qualified biologist shall conduct surveys for
comply with this requirement.
City of Lodi staff shall undertake
burrowing owls. If ground disturbing activities are de-
additional coordination with the
layed or suspended for more than 30 days after the initial
CDFG, if necessary.
preconstruction surveys, the site shall he resurveyed. All
surveys shall be conducted in accordance with CDFG's
Staff Report on Burrowing Owls (CDFG, 1995).
1c: If the preconstruction surveys identify burrowing owls
on the site during the non -breeding season (September 1
through January 31) burrowing owls occupying the pro-
ject site shall be evicted from the project site by passive
relocation as described in the CDFG's Staff Report on
Burrowing Owls CDFG, 1995).
N:1AAminiMrntim%rACITYIRESRea 2"1-01-EIR-AIIKt. IA-MI&Mmi"mg.dm (3119r'Wl)
LSA ASSOCIATES. INC.
MARCH 2007
Table 1 Continued
MITIGATION AND MONITORING REPORTING PROGRAM
LOBI ANNEXATION EIR
N�,UarimisrninnVCAVCITY[AFS1Ra NAT[-0I-810.-A[eachrmU-M+[AMmisxinEdne {3719l21107y
Miti ation Monitorins
Reportln
Monitoring
Mitigation
Date!
Mitigation Measures
Schedule
—Responsibility
Monitoring Procedure
Comments
Initials
Id: If the preconstruction surveys identify burrowing owls
—ResponObfflity
on the site during the breeding season (February I
through August 31) occupied burrows shal I not be dis
turbed and shall be provided with a 75 meter (250 -foot)
protective buffer until and unless the SJMSCP Technical
Advisory Committee (TAC), with the concurrence of
CDFG representatives on the TAC; or unless a qualified
biologist approved by CDPG verifies throughi non-inva-
sive means that either: 1) the birds have not begun egg
laying, or 2) juveniles from the occupied burrows are
foraging independently and are capable of independent
survival. Once the fledglings are capable of independent
survival, the 6un2w s can he destroyed.
BIQ-2: Implementation of these measures will reduce im-
Prior to approval of
Project Appli-
City staff shall verify the pay -
pacts to nesting Swainson's hawk and other nesti trg raptors
grading plans
cant! Project
ment of appropriate fees by the
to a less -than -significant level.
Biologist
project applicants. City of Lodi
2a: Prior to approval of grading plans, the project proponent
staff, as well as a qualified biolo-
shall pay the appropriate fees to SJCOG, in accordance
gist, shall review project con -
with the SJMSCP conservation strategy, for conversion
struction activities and periodi-
of undeveloped lands.
cally consult with construction
2b: Removal of suitable nest trees shall be completed during
representatives to ensure they
the non -nesting season (when the nests are urtoocupied),
comply with this requirement.
between September 1 and February 15.
City of Lodi staff' shall undertake
2c: If suitable nest trees will be retained and ground dis-
additional coordination with the
CDFG, if necessary.
turbing activities will commence during the nesting sea-
son (February 16 through August 31), all sui table nest
trees on the site will be surveyed by a qualifked biologist
prior to initiating construction -related activiCies. Surveys
will be conducted no more than 14 days prior to the start
of work. If an active nest is discovered, a 100 -foot buffer
shall be established around the nest tree and delineated
using orange construction fence or equivalent. The buffer
shall be maintained in place until the end of the breeding
season or until the young have fledged, as determitted by
a qualified biologist.
N�,UarimisrninnVCAVCITY[AFS1Ra NAT[-0I-810.-A[eachrmU-M+[AMmisxinEdne {3719l21107y
LSA ASSOCIATES, INC.
MARCH 2007
Table I Continued
MITIGATION AND MONITORING REPORTING PROGRAM
LODI ANNEXATION Ell
N:UldmineatrrximtCA7C�'Il'tAFSIR� 200T[-0I.•AFmrlvmtA-NG1�Mnnitarin�.Aoc (7JI9RW7) 21
Mitigation Moni
ring
Re rti
Monitoring
Mitigation
Datel
Mitigation Measures
Sclteriule
Responsibility
Monitoring Procedure
Comments
Initials
In some instances, CDFG may approve decreasing the
specified buffers with implementation of other avoidance
and minimization measures (e.g., having a qualified bi-
ologist on-site during construction activities during the
nesting season to monitor nesting activity). If no nesting
is discovered, construction can begin as planned. Con-
struction beginning during the non -nesting season and
continuing into the nesting season shall not be subject to
these measures.
I. HAZARDS AND HAZARDOUS MATERIALS
l C1: Preparation and implementation of the requiredPrior
to approval of final
Project Appli-
City staff shall verify that an
SWPPP (see Mitigation Measures HYD -2 and HYD -3)
grading and drainage
cant/Pmject
SWPPP has been prepared and
would reduce the potential impacts of hazardous materials
plans
Engineer
implemented.
releases during construction to a less -than -significant level.
No additional mitigation is required.
Ua;5: Prior to approval of any demolition or construction
Prior to approval of any
Construction
City staff shall verify that appro-
permits, ASTs, pesticides, waste oil, equipment maintenance
demolition or construc-
Manager
priate disposal of waste and
chemicals, discarded trash and debris shall be removed from
tion permits
debris has occurred.
the individual project site and disposed in accordance with
a licable regulations.
HAZ= : Prior to approval of any grading plans or consttvc-
Prior to approval of
Project
City staff shall verify that wells
tion permits for each individual project, the wells and septic
demolition or construc-.
Engineer
and septic systems have been
system shall be properly abandoned in accordance with
tion permits
properly abandoned.
applicable regulations.
N:UldmineatrrximtCA7C�'Il'tAFSIR� 200T[-0I.•AFmrlvmtA-NG1�Mnnitarin�.Aoc (7JI9RW7) 21
LFA ASSOCIATRS. INC.
MARCH p007
Table I Continued
MITIGATION AND MONITORING REPORTING PROGRAM
tODI ANNEXATtON ETR
WAdnnimriw%CAYCIIY4 YW.200741-01-ETR-ARadimniA-A&f&?tmiitrint.cSm(111980071 22
Miti ation Me
na
Reportinit
Monitoring
Schedule
Mitigation
Reswnsibililty
Monitoring Procedure
Comments
Date)
Initials
Mitigation Measures
HAz-g: Implementation of the following two-part mitigation
Prior to issuance of a
Project Appli-
City staff shall verify that an
measure would reduce this impact to a less -than -significant
demolition permit
cant/ Project
asbestos and lead-based paint
level.
Engineer
survey has occurred and that the
$a: As a condition of approval for a demolition permit for the
materials have been.abated per
project site buildings, an asbestos and lead-based paint
applicable regulations.
survey shall be performed. If asbestos -containing materi-
als are determined to be present, the materials shall be
abated by a certified asbestos abatement contractor in
accordance with the regulations and notificatieon re-
quirernents of the San Joaquin Valley Air Qu ality Con-
trol District. If lead-based paints are identified, then fed-
eral and State construction worker health and safety
regulations shall be followed during renovati-on ordemo-
lition activities. If loose or peeling lead-based paint are
identified, they shall be removed by a qualift ed lead
abatement contractor and disposed of in accordance with
existing hazardous waste regulations.
$b: As a condition of approval for grading plans for the
project sites, an asbestos investigation of subsurface
structures shall be conducted. If asbestos-cwrztaining
materials are determined to be present, the materials shall
be abated by a certified asbestos abatement I-ontractor in
accordance with the regulations and notification require-
ments of the San Joaquin Valley Air Quality Control
District.
J. U'T'ILITIES
There are no significant utiLity impacts.
K. PUBLIC SERVICES
There are no significant public services i acts-
WAdnnimriw%CAYCIIY4 YW.200741-01-ETR-ARadimniA-A&f&?tmiitrint.cSm(111980071 22
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