Exhibit 12 - Mitigation Monitoring and Reporting ProgramMitigation Monitoring and Reporting Program Surrey Farms Estates Subdivision Project
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INTRODUCTION
Section 15097 of the California Environmental Quality Act (CEQA) requires all State and local agencies to establish monitoring or reporting programs for projects approved by a public agency whenever approval involves the adoption of either a “mitigated negative declaration” or specified environmental findings related to environmental impact reports.
The following is the Mitigation Monitoring and Reporting Program (MMRP) for the Surrey Farms Estates Subdivision Project (proposed project). The intent of the MMRP is to ensure implementation of the mitigation measures identified within the Initial Study/Mitigated Negative Declaration (IS/MND) for this project. Unless otherwise noted, the cost of implementing the mitigation measures as prescribed by this MMRP shall be funded by the applicant.
COMPLIANCE CHECKLIST
The MMRP contained herein is intended to satisfy the requirements of CEQA as they relate to the IS/MND for the proposed project, prepared by the Town of Los Gatos. This MMRP is intended
to be used by Town staff and mitigation monitoring personnel to ensure compliance with mitigation measures during project implementation. Mitigation measures identified in this MMRP were developed in the IS/MND that was prepared for the proposed project. The MMRP will provide for monitoring of construction activities as necessary and in-the-field identification and resolution of environmental concerns.
The proposed project IS/MND presents a detailed set of mitigation measures that will be implemented throughout the lifetime of the proposed project. Mitigation is defined by CEQA Guidelines, Section 15370, as a measure that:
•Avoids the impact altogether by not taking a certain action or parts of an action;
•Minimizes impacts by limiting the degree or magnitude of the action and itsimplementation;
•Rectifies the impact by repairing, rehabilitating, or restoring the impacted environment;
•Reduces or eliminates the impact over time by preservation and maintenance operationsduring the life of the project; or
•Compensates for the impact by replacing or providing substitute resources orenvironments.
Monitoring and documenting the implementation of mitigation measures will be coordinated by the Town of Los Gatos. The applicant will be responsible for fully understanding and effectively implementing the mitigation measures contained within the MMRP. The Town will be responsible
for monitoring compliance.
MITIGATION MONITORING AND REPORTING PROGRAM
The following table indicates the item number, the checklist questions the measure is designed
to address, the measure text, the monitoring agency, implementation schedule, and an area for sign-off indicating compliance.
MITIGATION MONITORING AND REPORTING
PROGRAM
EXHIBIT 12
Mitigation Monitoring and Reporting Program Surrey Farms Estates Subdivision Project
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III. Air Quality III-a;
III-b
Conflict with or obstruct
implementation of the applicable air quality
plan; or result in a cumulatively considerable net increase of any criteria
pollutant for which the project region is non-
attainment under an applicable federal or state ambient air quality standard?
III-1 The project applicant shall show on
Improvement Plans via notation that the
project contractor shall restrict the construction
of the off-site sidewalk improvements along
the north side of Blossom Hill Road between
Regent Drive and Union Avenue and along the north side of Fisher Avenue between Mitchell
Avenue and Roberts Road from occurring
simultaneously with the on-site construction of
the proposed project.
Alternatively, if simultaneous construction of the on-site and off-site components of the
proposed project cannot be avoided, prior to
the initiation of ground disturbance associated
with the off-site sidewalk improvements, the
project applicant shall show on project
improvement plans via notation the following requirements:
• The contractor shall ensure that all
construction equipment greater than 50 horsepower to be used in the
construction of the off-site sidewalk improvements, including owned,
leased, and subcontractor vehicles, shall be Tier 4 final off-road
construction equipment. In addition, all off-road equipment operating at the
off-site construction site must be maintained in proper working
condition according to manufacturer’s specifications.
• Idling shall be limited to five minutes or
less in accordance with the In-Use Off-
Town of Los
Gatos Parks and Public Works
Department
Prior to improvement
plans approval or prior to the initiation
of ground disturbance associated with the off-site sidewalk
improvements
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Road Diesel Vehicle Regulation as required by CARB. Clear signage
regarding idling restrictions shall be placed at the entrances to the
construction site.
• Portable equipment over 50
horsepower must have either a valid BAAQMD Permit to Operate (PTO) or
a valid statewide Portable Equipment
Registration Program (PERP) placard
and sticker issued by CARB. Conformance with the foregoing requirements
shall be confirmed through review and
approval of plans by the Town of Los Gatos
Parks and Public Works Department.
IV. Biological Resources IV-a Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
California Red-Legged Frog
IV-1 Within 48 hours prior to any ground disturbing
activities or vegetation clearing within 50 feet of Ross Creek, a pre-construction survey for
California red-legged frog shall be conducted
by a qualified biologist. Survey results shall be
submitted to the Town of Los Gatos
Community Development Department.
IV-2 If California red-legged frog is encountered,
activities shall cease until the animal moves
out of any proposed work area on its own or is
relocated by a permitted qualified biologist.
Proof of compliance with this mitigation
measure shall be provided to the Town of Los Gatos Community Development Department.
Town of Los Gatos Planning Division
Town of Los Gatos Planning
Division
Within 48 hours prior to any ground disturbing activities or vegetation
clearing within 50 feet of Ross Creek If California red-legged frog is
encountered
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IV-3 During construction activities, fiber netting such as silt fence or similar material shall be
used for erosion control where appropriate throughout the project site and within 50 feet of
Ross Creek to ensure that California red-legged frog does not get trapped. Proof of
compliance with this mitigation measure shall be provided to the Town of Los Gatos
Community Development Department.
White-Tailed Kite and Other Nesting Raptors
and Migratory Birds
IV-4 If tree removal or ground disturbing activities are scheduled to commence during the
nesting season (February 1st through August 31st), a pre-construction nesting bird survey
shall be conducted by a qualified biologist
within seven days prior to such activities to
identify possible nesting activity. Survey results shall be submitted to the Town of Los
Gatos Community Development Department. If active nests are not found further mitigation
is not required. If one or more active nests are
found, a construction-free buffer of suitable
dimensions shall be established around any active raptor or migratory bird nest for the
duration of the project, or until the qualified biologist has determined that the chicks have
fledged and are foraging independently from
their parents. The buffer shall be identified on
the ground with flagging or fencing. The buffer distance shall be determined by the on-site
qualified biologist based on the species, level of disturbance activity, location of the nest, and
the topography between the nest and the
Town of Los Gatos Planning
Division
Town of Los Gatos Planning Division
During construction activities
Within seven days prior to tree removal or ground disturbing activities, if such activities are scheduled to commence during the nesting season (February 1st through August 31st)
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construction activity; the construction-free buffer shall consist of a minimum starting
distance of 250 feet for raptors and 25 feet for other birds. Proof of compliance with this
mitigation measure shall be provided to the Town of Los Gatos Community Development
Department.
Pallid Bat and Townsend’s Big-Eared Bat IV-5 Prior to the commencement of construction
activities, a qualified biologist shall conduct a bat habitat assessment of all potential roosting
habitat features, including trees within the proposed impact footprint within the project
vicinity. The habitat assessment shall identify all potentially suitable roosting habitat and may
be conducted up to one year prior to the start of construction. The results of the assessment
shall be submitted to the Town of Los Gatos Community Development Department.
IV-6 If potential roosting habitat is identified
(cavities in trees or potential roosts within structures) within the areas proposed for
impact, the biologist shall survey the potential roosting habitat during the active season
(generally April through October or from January through March on days with
temperatures in excess of 50 degrees Fahrenheit) within seven days prior to the start
of construction activities to determine the presence of roosting bats. The surveys are
recommended to be conducted utilizing methods that are considered acceptable by
CDFW and bat experts. Methods may include evening emergence surveys, acoustic
Town of Los Gatos Planning Division Town of Los Gatos Planning Division
Up to one year prior to the commencement of construction activities Within seven days prior to the start of construction activities, if potential roosting habitat is identified (cavities in trees or potential roosts within structures) within the areas proposed for impact
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surveys, inspecting potential roosting habitat with fiberoptic cameras, or a combination
thereof.
If a non-breeding bat colony is discovered, the individuals shall be humanely evicted via two-
step removal under the direction of a qualified biologist to ensure that harm or take would not
occur to any bats as a result of tree removal. Two-step removal can only occur during March
1 to April 15 and September 1 to October 15 to avoid harm to maternity and overwintering
colonies.
If a maternity colony is detected, then a qualified biologist shall determine an
appropriate size for a construction-free buffer to be established around the tree and remain
in place until the qualified biologist has determined that the nursery is inactive. Tree
removal shall preferably be done between March 1 and April 15 or August 15 and October
15 to avoid interfering with an active nursery.
Proof of compliance with this mitigation measure shall be provided to the Town of Los
Gatos Community Development Department.
San Francisco Dusky-Footed Woodrat
IV-7 A qualified biologist shall conduct a pre-
construction survey for San Francisco dusky-footed woodrat nests between 30 and 14 days
prior to the onset of construction activities. The survey shall encompass all construction zones
within the woodland habitat and developed areas, and surrounding lands within 25 feet.
Town of Los Gatos Planning Division
Between 30 and 14 days prior to the onset of construction activities
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Results of the assessment shall be submitted to the Town of Los Gatos Community
Development Department.
Identified nests shall be avoided, where possible, and buffered by a minimum of 20
feet. If avoidance is not possible, the nest(s) shall be manually deconstructed by a qualified
biologist when helpless young are not present, typically during the non-breeding season
(October through January). If is the qualified biologist has determined that young may be
present during the nest deconstruction, a suitable buffer of a minimum of 20 feet shall be
established around the nest until a qualified biologist determines that the young are
independent enough to successfully move from the deconstructed nest. Approximate age
of the juveniles shall be recorded when observed and appropriate time shall be
extrapolated out to when they would be independent from their parents; then the
deconstruction can continue after the biologist confirms that the young are not present in the
nest at the time. Proof of compliance with this mitigation measure shall be provided to the
Town of Los Gatos Community Development Department.
American Badger
IV-8 During the course of the pre-construction surveys for other species, a qualified biologist
shall also determine the presence or absence of badgers prior to the start of construction. If
badgers are found to be absent, other
Town of Los Gatos Planning Division
During the course of the pre-construction surveys for other species
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mitigations for the protection of badgers shall not be warranted.
If an active badger den is identified during pre-
construction surveys within or immediately adjacent to an area subject to construction, a
construction-free buffer of up to 300 feet shall be established around the den. Once a
qualified biologist has determined that badger has vacated the burrow, the burrow can be
collapsed or excavated, and ground disturbance can proceed. Should the burrow
be determined to be a natal or reproductive den, and because badgers are known to use
multiple burrows in a breeding burrow complex, a biological monitor shall be present
on-site during construction activities in the vicinity of the burrows to ensure the buffer is
adequate to avoid direct impacts to individuals or natal/reproductive den abandonment. The
monitor shall be present until is the qualified biologist has determined that young are of an
independent age and construction activities would not harm individual badgers.
Additionally, all workers shall attend a
“tailgate” training that includes a description of the species, a brief summary of the species’
biology, and minimization measures and instructions on what to do if American badger
is observed.
Proof of compliance with this mitigation measure shall be provided to the Town of Los
Gatos Community Development Department.
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Burrowing Owl
IV-9 A qualified biologist shall conduct a
preconstruction survey for burrowing owl following the 2012 CDFW Guidelines, or the
most recent guidelines, which includes two surveys, one within 14 days prior to the start of
construction and the second within 24 hours prior to the start of construction. If a lapse in
project-related work of 15 calendar days or longer occurs, an additional survey shall be
required prior to reinitiation. A written summary of the survey results shall be submitted to the
Town of Los Gatos Community Development Department before any construction permits
are issued. If burrowing owls or active burrows/refugia are not found, then further
mitigation measures are not necessary.
Identified burrowing owls shall be avoided and active burrowing owl burrows shall be avoided
with a 250-foot non-disturbance buffer until the burrow is abandoned. The project biologist
shall conduct a weekly check-in to confirm the buffer is still intact and confirm the current
activity of that burrow. Proof of compliance with this mitigation measure shall be provided
to the Town of Los Gatos Community Development Department.
Town of Los Gatos Planning Division
Within 14 days prior to the start of construction and within 24 hours prior to the start of construction
IV-e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
IV-10 Prior to the start of construction activities, the
applicant shall comply with the Town of Los Gatos Tree Protection Ordinance and a tree
removal permit shall be obtained from the Town for the removal of any on-site trees that
qualify as a protected tree. If the trees proposed for removal are found to be in good
condition, and the tree removal permit is
Town of Los Gatos Planning Division
Prior to the start of construction activities
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granted primarily for the convenience of the applicant, then the full cost and responsibility
of such removal shall be borne by the applicant, including planting of replacement
trees. According to the Tree Mitigation and Protection Plan prepared for the proposed
project, the project would not meet the required on-site tree replacement requirement;
thus, the project applicant shall pay the appropriate in-lieu fees, pursuant to the
requirements of Division II of Chapter 29.10 of the Town’s Municipal Code. The above noted
requirements shall be completed to the satisfaction of the Town of Los Gatos Planning
Division.
V. Cultural Resources V-b;
V-c
Cause a substantial
adverse change in the significance of a unique archaeological resource pursuant to Section
15064.5; or disturb any human remains,
including those interred outside of dedicated cemeteries?
V-1 If historic, archaeological, or paleontological
resources are encountered during subsurface
excavation activities, all construction activities
within a 100-foot radius of the resource shall cease until a qualified archaeologist
determines whether the resource requires
further study. The Town shall require that the
applicant include a standard inadvertent
discovery clause in every construction contract
to inform contractors of this requirement. Any previously undiscovered resources found
during construction shall be recorded on
appropriate California Department of Parks
and Recreation forms and evaluated for significance in terms of California
Environmental Quality Act (CEQA) criteria by a qualified archaeologist. Potentially significant
cultural resources consist of, but are not
limited to, stone, bone, fossils, wood, or shell
The Town of Los
Gatos Community Development Department
During construction,
if historic, archaeological, or paleontological resources are
encountered during subsurface
excavation activities
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artifacts or features, including hearths, structural remains, or historic dumpsites.
If the resource is determined to be significant
under CEQA, the Town and a qualified archaeologist shall determine whether
preservation in place is feasible. Such preservation in place is the preferred
mitigation. If such preservation is infeasible, the qualified archaeologist shall prepare and
implement a research design and archaeological data recovery plan for the
resource. The archaeologist shall also conduct appropriate technical analyses, prepare a
comprehensive written report and file the report with the appropriate information center
(California Historical Resources Information System), and provide for the permanent
curation of the recovered materials.
V-2 If human remains, or remains that are potentially human, are found during
construction, all work shall be halted immediately within 100 feet, and a professional
archeologist shall ensure reasonable protection measures are taken to protect the
discovery from disturbance. The archaeologist shall notify the Santa Clara County Coroner
(pursuant to Section 7050.5 of the State Health and Safety Code). The provisions of Section
7050.5 of the California Health and Safety Code, Section 5097.98 of the California Public
Resources Code, and Assembly Bill (AB) 2641 will be implemented. If the Coroner determines
the remains are Native American and not the result of a crime scene, then the Coroner will
Town of Los Gatos
Community Development
Department Santa Clara County Coroner
NAHC, if the
Santa Clara County Coroner determines remains are
Native American
During construction, if human remains, or
other remains that are potentially
human, are found
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notify the Native American Heritage Commission (NAHC), which then will
designate a Native American Most Likely Descendant (MLD) for the project (Section
5097.98 of the Public Resources Code). The designated MLD will have 48 hours from the
time access to the property is granted to make recommendations concerning treatment of the
remains. If the applicant does not agree with the recommendations of the MLD, the NAHC
can mediate (Section 5097.94 of the Public Resources Code). If an agreement is not
reached, the qualified archaeologist or MLD must rebury the remains where they will not be
further disturbed (Section 5097.98 of the Public Resources Code). This will also include
either recording the site with the NAHC or the appropriate Information Center, using an open
space or conservation zoning designation or easement, or recording a reinternment
document with the county in which the property is located (AB 2641). Work cannot resume
within the no-work radius until the lead agency, through consultation as appropriate,
determines that the treatment measures have been completed to the Town’s satisfaction.
VII. Geology and Soils
VII-aii; VII-aiii;
VII-c; VII-d
Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury, or death involving: strong
seismic ground shaking; or seismic-related
ground failure, including
VII-1 Prior to approval of any grading or
improvement plans for the project, a licensed
engineer shall review the plans to ensure the engineering recommendations set forth in the
site-specific Geotechnical and Geologic Hazard Investigation prepared for the
proposed project by Cornerstone Earth Group
are adequately incorporated, including all
relevant CBSC standards, to the satisfaction of
Town of Los Gatos
Town Engineer
Prior to approval of any grading or
improvement plans for the project
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Item Number Checklist Question Mitigation Measure Monitoring Agency Implementation Schedule Sign-Off liquefaction; or be located on a geologic
unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide,
lateral spreading, subsidence, liquefaction or collapse; or be located on expansive
soil, as defined in Table 18-1B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?
the Town’s Engineer. All grading and improvement plans shall be reviewed and
approved by the Town of Los Gatos Community Development Department and the
Town’s Engineer.
X. Hydrology and Water Quality
X-a Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground water quality?
X-1 Prior to any ground-disturbing activities, the project applicant shall prepare and submit a
final erosion and sediment control plan for
review and approval by the Town of Los Gatos
Engineering Division of the Parks and Public
Works Department. A Notice of Intent (NOI)
and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San
Francisco Bay Regional Water Quality Control
Board. A maximum of two weeks is allowed
between clearing of an area and stabilizing/building on an area if grading is
allowed during the rainy season. Prior to any ground disturbance, the on-site aquatic
features (i.e., the ephemeral
drainage/drainage swale and Ross Creek)
shall be flagged by a qualified biologist with
Town of Los Gatos
Engineering Division
Town of Los Gatos Building Department
Prior to any ground-disturbing activities
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highly visible flagging tape, or similar, to clearly demarcate the limits of the aquatic features,
and interim erosion control measures shall be installed around the aquatic features, at a
minimum. The project applicant shall submit a letter to the Town prepared by the qualified
biologist confirming completion of the flagging for review and approval prior to
commencement of any ground disturbance. Interim erosion control methods shall include,
but are not limited to: silt fences, fiber rolls (with locations and details), erosion control
blankets, Town standard seeding specification, filter berms, check dams,
retention basins, etc. The project contractor shall provide erosion control measures as
needed to protect downstream water quality during winter months. The grading, drainage,
erosion control plan and SWPPP shall be prepared in compliance with applicable
measures contained in the amended provisions C.3 and C.14 of most current Santa
Clara County National Pollutant Discharge Elimination System (NPDES) Municipal
Regional Permit (MRP). Monitoring for erosion and sediment control is required and shall be
performed by the Qualified SWPPP Developer (QSD) or Qualified SWPPP Practitioner (QSP)
as required by the Construction General Permit. Stormwater samples are required for
all discharge locations and projects may not exceed limits set forth by the Construction
General Permit Numeric Action Levels and/or Numeric Effluent Levels. A Rain Event Action
Plan (REAP) shall be developed 48 hours prior to any likely precipitation event, defined by a
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50 percent or greater probability as determined by the National Oceanic and Atmospheric
Administration (NOAA), and/or whenever rain is imminent. The QSD or QSP must print and
save records of the precipitation forecast for the project location area from
(https://www.cpc.ncep.noaa.gov/) which shall accompany monitoring reports and sampling
test data. A rain gauge is required on-site. The Town of Los Gatos Engineering Division shall
conduct periodic NPDES inspections of the site throughout the recognized storm season
to verify compliance with the Construction General Permit and Stormwater ordinances
and regulations.
XIII. Noise XIII-a
Generate a substantial
temporary or permanent increase in ambient noise levels in the vicinity of the project in
excess of standards established in the local
general plan or noise ordinance, or applicable standards of other agencies?
XIII-1 For any construction proposed within 25 feet of
a noise-sensitive receptor, the proposed
project shall implement construction
equipment staging areas to create distance between construction-related noise sources
and noise-sensitive receptors; use electric
tools; use mobile construction equipment with
smart back-up alarms; and implement
additional noise attenuation techniques during
the clearing, earth moving, grading, and foundation/conditioning phases of
construction, such as temporary sound
barriers between the construction site and the
sensitive receptors. The foregoing requirements shall be included in the grading
plan to the satisfaction of the Town’s Engineer and shall be submitted for review and approval
to the Town of Los Gatos Community
Development Department.
Town Engineer
Town of Los Gatos Community
Development Department
During any
construction proposed within 25 feet of a noise-sensitive receptor
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Item Number Checklist Question Mitigation Measure Monitoring Agency Implementation Schedule Sign-Off XIII-b Generate excessive groundborne vibration
or groundborne noise levels?
XIII-2 Any compaction required within 26 feet of existing structures adjacent to the off-site
improvement areas shall be accomplished by using static drum rollers, rather than vibratory
compactors/rollers, which use weight instead of vibrations to achieve soil compaction. As an
alternative, preconstruction crack documentation and construction vibration
monitoring could be conducted to ensure that construction vibrations do not cause damage
to any adjacent structures. The above requirements shall be included by way of
notation on any future improvement plans approved for the off-site improvements to the
satisfaction of the Town of Los Gatos Community Development Department.
Town of Los Gatos
Community Development Department
During any compaction required
within 26 feet of existing structures adjacent to the off-site improvement areas
XVII. Transportation
XVII-b Conflict or be inconsistent with CEQA
Guidelines section 15064.3, subdivision
(b)?
XVII-1 Concurrent with submittal of final project
improvement plans, the project applicant shall
also submit to the Town of Los Gatos Community Development Department for
review and approval off-site improvement
plans showing the construction of new
sidewalks at the following intersections:
• Along the north side of Blossom Hill Road between Regent Drive and
Union Avenue; and
• Along the north side of Fisher Avenue between Mitchell Avenue and Roberts
Road.
The improvement plans shall demonstrate, to the satisfaction of the Town Engineer, that the
off-site sidewalk improvements would comply with all applicable design parameters and
Town of Los Gatos
Town Engineer
Concurrent with submittal of final
project improvement plans
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requirements set forth by the Town of Los Gatos. The off-site improvements shall be
constructed prior to the issuance of any certificate of occupancy for the project.
XVIII. Tribal Cultural Resources
XVIII-a; XVIII-b Would the project cause a substantial adverse
change in the significance of a tribal
cultural resource, defined in Public
Resources Code section 21074 as either a site, feature, place, cultural landscape that
is geographically defined in terms of the
size and scope of the landscape, sacred place, or object with cultural value to a
California Native American Tribe, and that is: listed or eligible for listing in the California Register of Historical Resources, or
in a local register of historical resources as
defined in Public Resources Code
section 5020.1(k); or a resource determined by
the lead agency, in its discretion and supported by substantial
XVIII-1 Implement Mitigation Measures V-1 and V-2. See Mitigation Measures V-1
and V-2
See Mitigation Measures V-1 and
V-2
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Item Number Checklist Question Mitigation Measure Monitoring Agency Implementation Schedule Sign-Off evidence, to be significant pursuant to
criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of
Public Resources Code Section 5024.1, the lead agency shall consider the significance of the
resource to a California Native American tribe.