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NEW SANTA ROSA CRIMINAL COURTHOUSE Final Initial Study/Mitigated Negative Declaration and Response to Comments State Clearinghouse No. 2011052071 Prepared for July 20, 2011 Administrative Office of the Courts

NEW SANTA ROSA CRIMINAL COURTHOUSE · Santa Rosa Central Library, 211 E Street, Santa Rosa, and at Santa Rosa City Hall, 100 Santa Rosa Avenue, Santa Rosa. The public review and comment

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  • NEW SANTA ROSA CRIMINAL COURTHOUSE Final Initial Study/Mitigated Negative Declaration and Response to Comments State Clearinghouse No. 2011052071

    Prepared for July 20, 2011Administrative Office of the Courts

  • NEW SANTA ROSA CRIMINAL COURTHOUSE Final Initial Study/Mitigated Negative Declaration and Response to Comments State Clearinghouse No. 2011052071

    Prepared for July 20, 2011 Administrative Office of the Courts

    225 Bush Street Suite 1700 San Francisco, CA 94104 415.896.5900 www.esassoc.com

    Los Angeles

    Oakland

    Olympia

    Petaluma

    Portland

    Sacramento

    San Diego

    Seattle

    Tampa

    Woodland Hills 208091.01

  • OUR COMMITMENT TO SUSTAINABILITY | ESA helps a variety of public and private sector clients plan and prepare for climate change and emerging regulations that limit GHG emissions. ESA is a registered assessor with the California Climate Action Registry, a Climate Leader, and founding reporter for the Climate Registry. ESA is also a corporate member of the U.S. Green Building Council and the Business Council on Climate Change (BC3). Internally, ESA has adopted a Sustainability Vision and Policy Statement and a plan to reduce waste and energy within our operations. This document was produced using recycled paper.

  • AOC-Santa Rosa Courthouse i ESA / 208091.01 Final Initial Study-Response to Comments July 20, 2011

    TABLE OF CONTENTS New Santa Rosa Criminal Courthouse Final Initial Study – Response to Comments

    Page 1. Introduction ................................................................................................................ 1-1

    1.1 Purpose of this Document .................................................................................. 1-1 1.2 Project Overview ................................................................................................. 1-2 1.3 Organization of the Final Initial Study ................................................................. 1-2

    2. Comments and Responses ....................................................................................... 2-1

    2.1 List of Commenters ............................................................................................. 2-1 2.2 Individual Responses .......................................................................................... 2-2

    Letter A – Responses to Comments from the State Clearinghouse ................... 2-3 Letter B – Responses to Comments from the California Regional Water

    Quality Control Board ................................................................................... 2-7 Letter C – Responses to Comments from the Santa Rosa Fire Department .... 2-17 Letter D – Responses to Comments from Daniel Chester, Sonoma County

    Superior Court ............................................................................................ 2-20 Letter E – Responses to Comments from Marsha Vas Dupre, Santa Rosa

    City Councilmember ................................................................................... 2-22 3. Initial Study Text Revisions ...................................................................................... 3-1

    3.1 Introduction ......................................................................................................... 3-1 3.2 Text Revisions .................................................................................................... 3-1

    Appendices A. Mitigation Monitoring and Reporting Program ......................................................... A-1 B. Notice of Intent to Adopt a Mitigated Negative Declaration and Notice of Public

    Comment Period .................................................................................................. B-1

  • AOC-Santa Rosa Courthouse 1-1 ESA / 208091.01 Final Initial Study-Response to Comments July 20, 2011

    CHAPTER 1 Introduction

    1.1 Purpose of this Document The California Environmental Quality Act (CEQA) and its implementing regulations (the “CEQA Guidelines”) require a lead agency to consider any comments received during the public review process before it may approve a project for which a negative declaration or mitigated negative declaration has been prepared. This document contains the public comments and responses to those comments by the Administrative Office of the Courts (AOC) on the New Santa Rosa Criminal Courthouse Draft Initial Study/Mitigated Negative Declaration (SCH No. 2011052071).

    On May 25, 2011, the AOC (the CEQA lead agency) released the Draft Initial Study/Mitigated Negative Declaration on the proposed project for public review and comment. The Draft Initial Study describes the proposed project and its environmental setting; analyzes potential direct, indirect, and cumulative environmental impacts related to construction and operation; identifies impacts that could be significant; and recommends mitigation measures, which, if adopted, could avoid or minimize such impacts. The Draft Initial Study was available for public review at the Santa Rosa Central Library, 211 E Street, Santa Rosa, and at Santa Rosa City Hall, 100 Santa Rosa Avenue, Santa Rosa.

    The public review and comment period on the Draft Initial Study began May 25, 2011 and ended June 24, 2011. The AOC held a public hearing on June 16, 2011, to accept comments on the Draft Initial Study from agencies, organizations, and individuals. The public hearing was held at 5:30 p.m. in the Sonoma County Administration Center, Hall of Justice – Department 15, 600 Administration Drive, Santa Rosa, California. The AOC provided notification of the public review period and the public hearing to: 1) public agencies; 2) adjacent property owners and occupants; and 3) organizations that had demonstrated particular interest in the proposed project. No oral comments were received at the public hearing. Some written comments were received after the end of the comment period and were accepted. Responses to all comments are provided in Chapter 2, Comments and Responses.

    This Final Initial Study/Mitigated Negative Declaration will be used by the AOC in its consideration of approval of the proposed project. The State of California Public Works Board must also approve acquisition of the project site for the project.

  • 1. Introduction

    AOC-Santa Rosa Courthouse 1-2 ESA / 208091.01 Final Initial Study-Response to Comments July 20, 2011

    1.2 Project Overview The Judicial Council of California is the rule-making arm of the California court system. The Judicial Council’s staff agency, the AOC, is responsible for implementing the Judicial Council’s policies. In that role, the AOC is responsible for implementation of the Trial Court Facilities Act of 2002. Following the Trial Court Facilities Act of 2002, the AOC conducted a survey to assess the physical condition of the state’s courthouses. The survey showed that 90 percent of courthouses need improvements to protect the safety and security of the public, litigants, jurors and families who are served by California’s courts. In October 2008, the Judicial Council identified 41 “Immediate and Critical Need” courthouse projects, in an effort to prioritize future courthouse construction and renovation.

    The new Santa Rosa Criminal Courthouse (“proposed project”) is one of the 41 “Immediate and Critical Need” projects identified by the Judicial Council in 2008. For this proposed project, the AOC will construct a new, approximately 173,500 gross building square foot courthouse with 15 courtrooms for the Superior Court of California. The project site is currently owned by the Sonoma County, but is within the city of Santa Rosa’s jurisdiction. The project site is located at 600 Administration Drive in the existing Sonoma County Administration Center campus, north of downtown Santa Rosa.

    The proposed project places the new courthouse in the area where the Old Jail facility was previously located just east of the Hall of Justice and includes the surface parking adjacent to the former Old Jail facility. In addition, existing parking lots located directly across Ventura Avenue east of the courthouse site and north of the Hall of Justice on Russell Avenue, along with a new parking area that will be created from the removal of the Fleet Building located across Ventura Avenue east of the site, will all become dedicated courthouse parking.

    The new courthouse will become the criminal courthouse facility for the Superior Court and will consolidate court facilities that are currently located in separate facilities. The new courthouse will also provide support space for court administration, including the court clerk, court security operations, jury assembly and deliberation rooms, holding areas for in-custody detainees, and building facility support space. The design will be consistent with other facilities recently constructed by the AOC, and will include location-specific considerations. Design criteria for the proposed project are taken from the California Trial Court Facilities Standards approved by the Judicial Council in 2006.

    1.3 Organization of the Final Initial Study The following elements of this document, in combination with the Draft Initial Study, constitute the Final Initial Study/Mitigated Negative Declaration for the proposed project:

    Chapter 1, Introduction.

  • 1. Introduction

    AOC-Santa Rosa Courthouse 1-3 ESA / 208091.01 Final Initial Study-Response to Comments July 20, 2011

    Chapter 2, Comments and Responses. This chapter contains copies of the written comments received on the Draft Initial Study and individual responses to the comments. Each comment is marked with an identifying code shown in the margin. Responses to the comments from each letter are presented immediately after that comment letter.

    Chapter 3, Initial Study Text Revisions. This chapter contains text changes to the Draft Initial Study that reflect additions, corrections, and clarifications resulting from the analysis conducted by the AOC in preparing responses to comments on the Draft Initial Study. These changes are incorporated as part of the Final Initial Study.

  • AOC-Santa Rosa Courthouse 2-1 ESA / 208091.01 Final Initial Study-Response to Comments July 20, 2011

    CHAPTER 2 Comments and Responses

    This chapter lists the public agencies, private organizations, and individuals who provided comments on the Draft Initial Study/Mitigated Negative Declaration (IS/MND), provides copies of written comments received, and responds to those comments. As required by CEQA, these responses to comments address significant environmental issues raised by commenters during the review period (Pub. Res. Code § 21091(d); CEQA Guidelines § 15074(b)). The AOC has also elected to address concerns and suggestions regarding the adequacy and accuracy of the Draft Initial Study that were raised by commenters after the review period closed (Pub. Res. Code § 21091(d)).

    Where the text of the Draft Initial Study has been revised in response to a comment or concern, the revised text is included as part of the response with revisions shown using the following conventions: text changes are shown in indented paragraphs, text added to the Draft Initial Study is shown in underline, and text deleted from the Draft Initial Study is shown in strikethrough. These text changes also appear in Chapter 3, Initial Study Text Revisions.

    2.1 List of Commenters The Administrative Office of the Courts held a public hearing to accept comments on the Draft Initial Study on June 16, 2011; however, no comments regarding the adequacy or accuracy of the environmental analysis were received during the hearing. The AOC received five comment letters on the Draft Initial Study, one each from the parties identified below in Table 2-1.

    TABLE 2-1 COMMENTERS ON THE NEW SANTA ROSA CRIMINAL COURTHOUSE

    DRAFT INITIAL STUDY

    Comment Letter Commenter Date

    A State Clearinghouse, Scott Morgan, Director (June 24, 2011) June 24, 2011

    B California Regional Water Quality Control Board, North Coast Region, Jo Bentz, Engineering Geologist (June 21, 2011) June 21, 2011

    C Santa Rosa Fire Department, Scott Moon, Acting Fire Marshal (June 30, 2011) June 30, 2011

    D Daniel Chester, Child Custody Recommending Counselor, Sonoma County Superior Court (May 26, 2011) May 26, 2011

    E Marsha Vas Dupre, Santa Rosa City Councilmember (June 7, 2011) June 7, 2011

  • 2. Comments and Responses

    AOC-Santa Rosa Courthouse 2-2 ESA / 208091.01 Final Initial Study-Response to Comments July 20, 2011

    2.2 Individual Responses This section includes the letters received, with individual comments delineated as indicated above, followed by responses to each comment.

  • 2-3

  • 2-4

  • 2-5

  • 2. Comments and Responses

    AOC-Santa Rosa Courthouse 2-6 ESA / 208091.01 Final Initial Study-Response to Comments July 20, 2011

    Letter A – Responses to Comments from the State Clearinghouse

    A-1 Commenter acknowledges receipt of the proposed Mitigated Negative Declaration at the State Clearinghouse for the proposed project. Commenter states the proposed project has complied with the State Clearinghouse review requirements for draft environmental documents pursuant to the California Environmental Quality Act. Commenter also states that the proposed Mitigated Negative Declaration has been submitted to state agencies for review and comments from one responding agency is enclosed [See Comment Letter B]. No response required.

  • Comment Letter B

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  • 2. Comments and Responses

    AOC-Santa Rosa Courthouse 2-14 ESA / 208091.01 Final Initial Study-Response to Comments July 20, 2011

    Letter B – Responses to Comments from the Regional Water Quality Control Board

    B-1 Commenter requests that the Project Description indicate whether any soil disturbance or construction activities would occur at the existing parking area on Russell Avenue. Construction activities proposed for this area include installation of a security fence and possibly new lighting fixtures and repaving of the site, if deemed necessary. No deep trenching or grading would occur. Therefore, the following text is added after the last sentence of the first paragraph on page 2-8 of the Draft Initial Study:

    Construction activities proposed for the existing parking area on Russell Avenue would include installation of a security fence, possibly additional lighting fixtures, and repaving of the parking lot surface. No deep trenching or grading would occur.

    B-2 Commenter notes that Paulin Creek is misidentified as Pine Creek in the Draft Initial Study. The following text changes are added to the Draft Initial Study to correct this error:

    The first sentence under Impact c) on page 3-14 is revised as follows:

    The closest drainage to this site is Pine Paulin Creek, which is approximately 500 feet south of the proposed project site.

    The fifth sentence under Impact b) on page 3-34 is revised as follows:

    Concentrated water erosion, if not managed or controlled, could eventually result in significant soil loss and/or discharging of sediment into utilities, roads, Pine Paulin Creek, and/or to other parts of the proposed project site.

    B-3 Commenter reiterates the requirement for the project applicant to obtain a General Construction NPDES permit which involves preparing a SWPPP for the construction phase of the project. Comment is noted and the regulatory requirements will be completed as required.

    B-4 Commenter states that the information regarding hazardous release sites either on one of the project sites or in the immediate vicinity of the project sites is incorrect. The comment states that there are four sites in the area of the project sites.

    Because the AOC is required to comply with standard conditions and requirements for state and/or federal regulations or laws that are independent of CEQA compliance (as noted on page 2-14 of the IS/MND), the AOC (or its contractor) would be required to prepare a SWPPP and SGMP under the NPDES permit. The revisions to the text, as shown below, clarify this requirement. Revisions to the second paragraph on page 3-41 are as follows:

    A review of available environmental databases maintained by the State Water Resources Control Board (SWRCB) and Department of Toxic Substances Control

  • 2. Comments and Responses

    AOC-Santa Rosa Courthouse 2-15 ESA / 208091.01 Final Initial Study-Response to Comments July 20, 2011

    (DTSC) for sites that have been impacted by leaking underground fuel tanks (LUFT), non-fuel related cases known as Spills, Leaks, Investigative Cleanup (SLIC), and other cleanup sites was conducted for the project site and surrounding area. The proposed project site, specifically, the Fleet Building (2688 Ventura Avenue), is listed as a LUFT site not listed among either of these databases (DTSC, 2010). The Phase I investigation for the site concluded that no recognized environmental conditions existed on-site, however this investigation did not include the Fleet Building as part of the study area (Bureau Veritas, 2010). In addition, three other sites (2604 Ventura Avenue, 2777 Ventura Avenue, and 540/552 Russell Avenue) are all located in the immediate vicinity of the project site. These sites involve releases of petroleum hydrocarbons and while one of them (2777 Ventura Avenue) has been closed and the Russell Avenue project site involves no earthwork activities, there is a potential for encountering contaminated soil or groundwater during construction at the other two project sites. The construction activities will require preparation of a stormwater pollution prevention plan (SWPPP) by the AOC as part of the General Construction NPDES permit. Included as part of the SWPPP, a soil and groundwater management plan (SGMP) will be prepared by the AOC and approved by the City of Santa Rosa Fire Department and Regional Water Quality Control Board. All construction activities will adhere to the safety measures contained within the SGMP, including specifications on handling requirements of suspected contaminated soil and groundwater, which will reduce any potential impacts that might occur as a result of encountering potential contamination to less than significant levels.

    B-5 Commenter states that the Regional Water Quality Control Board (RWQCB) would require preparation of an approved soil and groundwater management plan prior to approval of a grading permit. See Response B-4, above.

    B-6 Commenter makes a request to review building plans in order to coordinate with any groundwater remediation in the area. Comment is noted.

    B-7 Commenter provides a means of reviewing RWQCB files. Comment is noted.

    B-8 Commenter discusses the potential for encountering groundwater during excavation activities and requests any dewatering be done in accordance with a SGMP. See Response to B-4. In addition, the second sentence of the last paragraph on page 3-46 is revised as follows:

    Dewatering activities would be temporary in nature and would be subject to the protocols found in the SGMP (see also discussion in Hazards above) as well as the permitting requirements of the RWQCB, either as specified in the NPDES General Construction Permit or another NPDES permit issued by the RWQCB.

    B-9 Commenter identifies permit requirements for dewatering including contact information at the RWQCB for assistance. Comment is noted.

  • 2. Comments and Responses

    AOC-Santa Rosa Courthouse 2-16 ESA / 208091.01 Final Initial Study-Response to Comments July 20, 2011

    B-10 Commenter discusses the RWQCB Low Impact Development (LID) requirements for new development and provides a list of resources. Comment is noted.

    B-11 Commenter continues the discussion of LID requirements including incorporation of landscape based best management practices that will treat runoff and meet sizing requirements as stated in the comment. Comment is noted.

  • Fire Department

    2373 Circadian Way ● Santa Rosa, CA 95407 Phone: (707) 543-3500 ● Fax: (707) 543-3520

    www.srcity.org

    June 30, 2011 Judicial Council of California Attn: Ms. Laura Sainz Administrative Office of the Courts 2860 Gateway Oaks, Suite 400 Sacramento, CA 95833 RE: Comments on Proposed New Santa Rosa Criminal Courthouse Initial Study/Mitigated Negative Declaration, Administration Drive and Ventura Avenue, Santa Rosa, SCH No. 2011052071 Dear Ms. Sainz: Santa Rosa Fire Department staff did not receive a copy of the New Criminal Courthouse Initial Study and had to go on line to locate a copy of the document for review creating a delay in our response. Fire Department staff comments on the Initial Study pertain to the Proposed Courthouse Project; Section 2.2 Proposed Project, Section 3.8 Hazards and Hazardous Materials, and Section 3.14 Public Services. Upon review of the Initial Study document the impacts to the Fire Department are significant and should not be listed as a “Less than Significant Impact.” The closest fire station located on Lewis Road is currently browned out 50% of the year. The Fire Department currently does not meet the goals of the General Plan. Additionally, the proposed structure is a high rise, measuring over 100 feet in height. Resources are substantial for a high rise incident, and this type of response requires compliance with the National Fire Protection Association Standard 1710 – Career Fire Department Organization and Deployment. The project will also need to comply with the California Fire Code. High rise incident responses require approximately 30 personnel which deplete the Departmental resources creating a significant impact to the Department and service delivery. Therefore, mitigations to the Initial Study for this project will be necessary.

    Comment Letter C

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  • Fire Department 2373 Circadian Way ● Santa Rosa, CA 95407

    Phone: (707) 543-3500 ● Fax: (707) 543-3520 www.srcity.org

    Mitigation will require the following actions:

    1. The structure will need to be designed to conform to the City of Santa Rosa Fire Department Standard for High Rise buildings.

    2. The emergency vehicle access on Paulin Drive will required to provide a minimum of 26 foot in width along the full side of the building in compliance with the California Fire Code Appendix D. The road shall be a minimum of 15 feet and no further than 30 feet from the access along the north side of the building.

    3. An Emergency Responder Radio Coverage System shall be installed throughout the building in compliance with California Fire Code Chapter 5 requirements and Santa Rosa Fire Department Standards.

    4. Public access areas will need to provide Automatic External Defibrillators (AED’s). 5. Demolition of the Fleet Services Building will require a Site Closure permit from the Santa

    Rosa Fire Department (we are the Local Certified Unified Program Agency CUPA) and a final inspection prior to approval to move forward with the demolition.

    6. Should the plan proceed to construct the tunnel from the New Criminal Courthouse to the MADF the installation shall be reviewed and permitted in compliance with California Fire Code and NFPA Standards.

    Please advise our Department of how these mitigations will be met and what the next steps will be in the process. Thank you for the opportunity to comment on this Initial Study, should you have any questions regarding this matter please contact our office. Sincerely, Scott Moon Acting Fire Marshal Santa Rosa Fire Department cc: Mark McCormick, Acting Fire Chief – Santa Rosa Fire Department Mark Aston, Fire Chief – Sonoma County Department of Emergency Services Robert MacIntyre, Fire Marshal – Sonoma County Department of Emergency Services File

    Comment Letter C

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  • 2. Comments and Responses

    AOC-Santa Rosa Courthouse 2-19 ESA / 208091.01 Final Initial Study-Response to Comments July 20, 2011

    Letter C – Responses to Comments from the Santa Rosa Fire Department

    C-1 Commenter states that the Draft Initial Study incorrectly identifies impacts to fire protection services as less than significant. Commenter states that the proposed project would be required to comply with National Fire Protection Association (NFPA) Standard 1710, the California Fire Code, and incorporate additional mitigation measures to reduce the impact to less than significant levels. As discussed in the Project Description of the Initial Study, the proposed courthouse design will conform to the California Trial Court Facilities Standards (Judicial Council of California, 2006; amended in 2010). Section 20.10 in the Appendix of the California Trial Court Facilities Standards lists Fire Protection Codes and Standards that are applicable to projects utilizing the Judicial Council’s design standards. These codes and standards include the California Building Code, California Fire Code, and applicable NFPA Standards. Project compliance with the applicable codes and standards would therefore reduce potential fire protection services impacts to less than significant levels.

    The AOC acknowledges that demolition of the Fleet Services Building would require a Site Closure Permit from the Fire Department, and that possible future construction of a tunnel from the courthouse to the MADF would require compliance with the California Fire Code and applicable NFPA standards. The future construction of a tunnel is not part of the project description and would not be conducted by AOC, but would be under the oversight and implementation of the County. It is expected that the County will be required to comply with the California Fire Code and all applicable NFPA standards.

  • From: Daniel Chester Sent: Thursday, May 26, 2011 12:27 PM To: Sainz, Laura Subject: New Santa Rosa Criminal Courthouse I am a family mediator (now known as a Child Custody Recommending Counselor) with the Sonoma County Superior Court. I have had a chance to review the initial study on the proposed new courthouse, and I have a few comments. The plan looks very good and we need this building. I believe my concern reflects something very important to those of us who work with the public here at the existing courthouse. It has to do with parking. The proposal provides secure parking for judges and key managers only. They should have it, no doubt about it. But, so should other staff who work directly with the public in this setting. We mediators work in a very charged environment, frequently with victims and perpetrators of domestic violence. Often our sessions place these individuals in close proximity to one another, sometimes in very small confines. Because of this, tensions are typically very high, even in cases that do not have a history of domestic violence. Our clients can be, and frequently are, very combative and reactive. It does not help that we meet with them in a criminal courthouse (as opposed to a family courthouse), as this lends a whole other layer of tension to the process. It is sufficiently dangerous that we require so-called “panic” buttons in our meeting rooms so we can summon law enforcement should violence or other difficulties erupt. Following what can be a difficult mediation, we are called upon to author recommendations and take positions which can be very provocative. We or our recommendations often become a target to be attacked as part of the litigation process. When violence erupts in a courthouse setting, it frequently involves family law litigants with raging custody and visitation disputes. This leads to a great deal of anxiety on our part, and concern for safety in our workplace. (In fact, those of us who live in Sonoma County have been known to take special precautions even at home.) Provision should be made to ensure that we are safe and secure when we enter and exit the courthouse environment. Recommending mediators are as likely a target as judges for unwelcome or unsafe interactions with the public. (Not all counties have recommending mediators. Sonoma County does.) The opportunities for litigants to monitor our habits and practices should be minimized, and secured parking would go a long way toward accomplishing that goal. The long walk we make to our vehicles at the end of a grueling day in this charged environment is not an easy one. Please consider accommodating this in the plans for the new courthouse by expanding the secured parking. Daniel Chester Child Custody Recommending Counselor (Mediator) Sonoma County Superior Court

    Comment Letter D

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  • 2. Comments and Responses

    AOC-Santa Rosa Courthouse 2-21 ESA / 208091.01 Final Initial Study-Response to Comments July 20, 2011

    Letter D – Responses to Comments from Daniel Chester D-1 Commenter notes that the proposed project provides secure parking for judges and key

    managers only. The AOC appreciates the concerns of the commenter regarding secure parking; however, parking is not considered an environmental topic under CEQA and is therefore not analyzed in the Draft Initial Study. The AOC may consider this during interim and final design reviews of the project.

  • From: Vas Dupre, Marsha [mailto:[email protected]] Sent: Tuesday, June 07, 2011 9:47 PM To: Sainz, Laura Cc: Fowler, Caroline Subject: CA Superior Courthouse in Son. Co. - Mit. Neg. Dec. Letter of 5/24/11 Dear Laura, Thank you for the Letter of 5/24/11 re the CA Superior Courthouse in Son. Co. - Mit. Neg. Dec. Sincerely, Marsha Marsha Vas Dupre Councilmember City Manager's Office, 100 Santa Rosa Ave., Santa Rosa, CA 95404 Tel. (707) 543-3012 | [email protected]

    Comment Letter E

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  • 2. Comments and Responses

    AOC-Santa Rosa Courthouse 2-23 ESA / 208091.01 Final Initial Study-Response to Comments July 20, 2011

    Letter E – Responses to Comments from Marsha Vas Dupre E-1 Commenter acknowledges receipt of letter regarding the proposed project. No response

    required.

  • AOC-Santa Rosa Courthouse 3-1 ESA / 208091.01 Final Initial Study-Response to Comments July 20, 2011

    CHAPTER 3 Initial Study Text Revisions

    3.1 Introduction The following changes have been made to the previously published text of the Draft Initial Study. These changes include: minor corrections made by the section authors to improve writing clarity, grammar, and consistency; clarifications, additions, or deletions resulting from specific responses to comments; and AOC staff-initiated text changes to update information in the Draft Initial Study. These text revisions are organized by the page number in the Draft Initial Study. An explanation of the change, including identification of where it would be made, is presented in italics. The specific additions and deletions use the following conventions:

    Deleted text is shown in strike out text. Additional text is shown in underline text.

    3.2 Text Revisions The following text is added after the last sentence of the first paragraph on page 2-8 of the Draft Initial Study:

    Construction activities proposed for the existing parking area on Russell Avenue would include installation of a security fence, possibly additional lighting fixtures, and repaving of the parking lot surface. No deep trenching or grading would occur.

    The first sentence under Impact c) on page 3-14 of the Draft Initial Study is revised as follows:

    The closest drainage to this site is Pine Paulin Creek, which is approximately 500 feet south of the proposed project site.

    The fifth sentence under Impact b) on page 3-34 of the Draft Initial Study is revised as follows:

    Concentrated water erosion, if not managed or controlled, could eventually result in significant soil loss and/or discharging of sediment into utilities, roads, Pine Paulin Creek, and/or to other parts of the proposed project site.

    The second paragraph on page 3-41 of the Draft Initial Study is revised as follows:

    A review of available environmental databases maintained by the State Water Resources Control Board (SWRCB) and Department of Toxic Substances Control (DTSC) for sites that

  • 3. Initial Study Text Revisions

    AOC-Santa Rosa Courthouse 3-2 ESA / 208091.01 Final Initial Study-Response to Comments July 20, 2011

    have been impacted by leaking underground fuel tanks (LUFT), non-fuel related cases known as Spills, Leaks, Investigative Cleanup (SLIC), and other cleanup sites was conducted for the project site and surrounding area. The proposed project site, specifically, the Fleet Building (2688 Ventura Avenue), is listed as a LUFT site not listed among either of these databases (DTSC, 2010). The Phase I investigation for the site concluded that no recognized environmental conditions existed on-site, however this investigation did not include the Fleet Building as part of the study area (Bureau Veritas, 2010). In addition, three other sites (2604 Ventura Avenue, 2777 Ventura Avenue, and 540/552 Russell Avenue) are all located in the immediate vicinity of the project site. These sites involve releases of petroleum hydrocarbons and while one of them (2777 Ventura Avenue) has been closed and the Russell Avenue project site involves no earthwork activities, there is a potential for encountering contaminated soil or groundwater during construction at the other two project sites. The construction activities will require preparation of a stormwater pollution prevention plan (SWPPP) by the AOC as part of the General Construction NPDES permit. Included as part of the SWPPP, a soil and groundwater management plan (SGMP) will be prepared by AOC and approved by the City of Santa Rosa Fire Department and Regional Water Quality Control Board. All construction activities will adhere to the safety measures contained within the SGMP, including specifications on handling requirements of suspected contaminated soil and groundwater, which will reduce any potential impacts that might occur as a result of encountering potential contamination to less than significant levels.

    The second sentence of the last paragraph on page 3-46 of the Draft Initial Study is revised as follows:

    Dewatering activities would be temporary in nature and would be subject to the protocols found in the SGMP (see also discussion in Hazards above) as well as the permitting requirements of the RWQCB, either as specified in the NPDES General Construction Permit or another NPDES permit issued by the RWQCB.

  • AOC-Santa Rosa Courthouse A-1 ESA / 208091.01 Mitigation Monitoring and Reporting Program July 20, 2011

    APPENDIX A Mitigation Monitoring and Reporting Program

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    nsib

    le fo

    r Im

    plem

    entin

    g M

    itiga

    tion

    Part

    y R

    espo

    nsib

    le fo

    r M

    onito

    ring

    Tim

    ing

    1. Ae

    sthe

    tics

    N

    o m

    itiga

    tion

    requ

    ired.

    2. Ag

    ricul

    tura

    l Res

    ourc

    es

    N

    o m

    itiga

    tion

    requ

    ired.

    3. Ai

    r Qua

    lity

    M

    itiga

    tion

    Mea

    sure

    AIR

    -1: O

    ver t

    he e

    ntire

    dur

    atio

    n of

    con

    stru

    ctio

    n, c

    onst

    ruct

    ion

    cont

    ract

    ors

    shal

    l be

    requ

    ired

    to

    impl

    emen

    t the

    follo

    win

    g ba

    sic

    cons

    truct

    ion

    miti

    gatio

    n m

    easu

    res

    reco

    mm

    ende

    d by

    the

    BA

    AQ

    MD

    CE

    QA

    Gui

    delin

    es.

    A

    ll ex

    pose

    d su

    rface

    s (e

    .g.,

    park

    ing

    area

    s, s

    tagi

    ng a

    reas

    , soi

    l pile

    s, g

    rade

    d ar

    eas,

    and

    unp

    aved

    acc

    ess

    road

    s) s

    hall

    be w

    ater

    ed tw

    o tim

    es p

    er d

    ay.

    A

    ll ha

    ul tr

    ucks

    tran

    spor

    ting

    soil,

    san

    d, o

    r oth

    er lo

    ose

    mat

    eria

    l off-

    site

    sha

    ll be

    cov

    ered

    .

    A

    ll vi

    sibl

    e m

    ud o

    r dirt

    trac

    k-ou

    t ont

    o ad

    jace

    nt p

    ublic

    road

    s sh

    all b

    e re

    mov

    ed u

    sing

    wet

    pow

    er v

    acuu

    m s

    treet

    sw

    eepe

    rs a

    t lea

    st o

    nce

    per d

    ay. T

    he u

    se o

    f dry

    pow

    er s

    wee

    ping

    is p

    rohi

    bite

    d.

    A

    ll ve

    hicl

    e sp

    eeds

    on

    unpa

    ved

    road

    s sh

    all b

    e lim

    ited

    to 1

    5 m

    ph.

    A

    ll ro

    adw

    ays,

    driv

    eway

    s, a

    nd s

    idew

    alks

    to b

    e pa

    ved

    shal

    l be

    com

    plet

    ed a

    s so

    on a

    s po

    ssib

    le. B

    uild

    ing

    pads

    sha

    ll be

    la

    id a

    s so

    on a

    s po

    ssib

    le a

    fter g

    radi

    ng u

    nles

    s se

    edin

    g or

    soi

    l bin

    ders

    are

    use

    d.

    Id

    ling

    times

    sha

    ll be

    min

    imiz

    ed e

    ither

    by

    shut

    ting

    equi

    pmen

    t off

    whe

    n no

    t in

    use

    or re

    duci

    ng th

    e m

    axim

    um id

    ling

    time

    to 5

    min

    utes

    (as

    requ

    ired

    by th

    e C

    alifo

    rnia

    airb

    orne

    toxi

    cs c

    ontro

    l mea

    sure

    Titl

    e 13

    , Sec

    tion

    2485

    of C

    alifo

    rnia

    Cod

    e of

    Reg

    ulat

    ions

    [CC

    R]).

    Cle

    ar s

    igna

    ge s

    hall

    be p

    rovi

    ded

    for c

    onst

    ruct

    ion

    wor

    kers

    at a

    ll ac

    cess

    poi

    nts.

    A

    ll co

    nstru

    ctio

    n eq

    uipm

    ent s

    hall

    be m

    aint

    aine

    d an

    d pr

    oper

    ly tu

    ned

    in a

    ccor

    danc

    e w

    ith m

    anuf

    actu

    rer’s

    spe

    cific

    atio

    ns.

    All

    equi

    pmen

    t sha

    ll be

    che

    cked

    by

    a ce

    rtifie

    d m

    echa

    nic

    and

    dete

    rmin

    ed to

    be

    runn

    ing

    in p

    rope

    r con

    ditio

    n pr

    ior t

    o op

    erat

    ion.

    P

    ost a

    pub

    licly

    vis

    ible

    sig

    n w

    ith th

    e te

    leph

    one

    num

    ber a

    nd p

    erso

    n to

    con

    tact

    at t

    he L

    ead

    Age

    ncy

    rega

    rdin

    g du

    st

    com

    plai

    nts.

    Thi

    s pe

    rson

    sha

    ll re

    spon

    d an

    d ta

    ke c

    orre

    ctiv

    e ac

    tion

    with

    in 4

    8 ho

    urs.

    The

    Air

    Dis

    trict

    ’s p

    hone

    num

    ber

    shal

    l als

    o be

    vis

    ible

    to e

    nsur

    e co

    mpl

    ianc

    e w

    ith a

    pplic

    able

    regu

    latio

    ns.

    AO

    C/C

    onst

    ruct

    ion

    Con

    tract

    or

    AO

    C/C

    onst

    ruct

    ion

    Con

    tract

    or

    Dur

    ing

    cons

    truct

    ion,

    de

    mol

    ition

    , or

    grou

    nd-d

    istu

    rbin

    g ac

    tiviti

    es

    4. Bi

    olog

    ical R

    esou

    rces

    Miti

    gatio

    n M

    easu

    re B

    IO-1

    : Bre

    edin

    g B

    ird S

    urve

    ys. T

    he p

    roje

    ct s

    pons

    or s

    hall

    avoi

    d di

    stur

    banc

    e of

    bre

    edin

    g bi

    rds

    durin

    g pr

    ojec

    t con

    stru

    ctio

    n by

    impl

    emen

    ting

    the

    follo

    win

    g m

    easu

    res:

    1. P

    roje

    ct c

    onst

    ruct

    ion

    activ

    ities

    sha

    ll oc

    cur o

    utsi

    de o

    f the

    gen

    eral

    ly a

    ccep

    ted

    nest

    ing

    seas

    on (F

    ebru

    ary

    1 to

    A

    ugus

    t 31)

    . If c

    onst

    ruct

    ion

    activ

    ities

    beg

    in b

    efor

    e th

    e bi

    rd n

    estin

    g se

    ason

    and

    con

    tinue

    uni

    nter

    rupt

    ed in

    to th

    e se

    ason

    , the

    n no

    sur

    veys

    sha

    ll be

    requ

    ired.

    AO

    C/Q

    ualif

    ied

    Bio

    logi

    st

    AO

    C/Q

    ualif

    ied

    Bio

    logi

    st

    Prio

    r to

    cons

    truct

    ion,

    de

    mol

    ition

    , or

    grou

    nd-d

    istu

    rbin

    g ac

    tiviti

    es

  • Miti

    gatio

    n M

    onito

    ring

    and

    Rep

    ortin

    g P

    rogr

    am

    MIT

    IGAT

    ION

    MO

    NIT

    OR

    ING

    AN

    D R

    EPO

    RTI

    NG

    PR

    OG

    RAM

    (con

    tinue

    d)

    NEW

    SAN

    TA R

    OSA

    CR

    IMIN

    AL C

    OU

    RTH

    OU

    SE

    AO

    C-S

    anta

    Ros

    a C

    ourth

    ouse

    A

    -3

    ES

    A /

    2080

    91.0

    1 M

    itiga

    tion

    Mon

    itorin

    g an

    d R

    epor

    ting

    Pro

    gram

    Ju

    ly 2

    0, 2

    011

    Miti

    gatio

    n M

    easu

    res

    Part

    y R

    espo

    nsib

    le fo

    r Im

    plem

    entin

    g M

    itiga

    tion

    Part

    y R

    espo

    nsib

    le fo

    r M

    onito

    ring

    Tim

    ing

    4. Bi

    olog

    ical R

    esou

    rces

    (con

    t.)

    M

    itiga

    tion

    Mea

    sure

    BIO

    -1 (c

    ont.)

    2. I

    f it i

    s no

    t fea

    sibl

    e to

    avo

    id c

    onst

    ruct

    ion

    activ

    ities

    as

    stip

    ulat

    ed u

    nder

    (1),

    then

    the

    follo

    win

    g m

    easu

    res

    shal

    l be

    take

    n:

    a. N

    o m

    ore

    than

    two

    wee

    ks b

    efor

    e in

    itiat

    ion

    of c

    onst

    ruct

    ion,

    a n

    estin

    g bi

    rd s

    urve

    y sh

    all b

    e co

    nduc

    ted

    with

    in 2

    50 fe

    et

    of th

    e pr

    ojec

    t site

    by

    a qu

    alifi

    ed b

    iolo

    gist

    . If a

    ctiv

    e ne

    sts

    are

    obse

    rved

    , buf

    fer z

    ones

    of s

    ize

    acce

    ptab

    le to

    C

    alifo

    rnia

    Dep

    artm

    ent o

    f Fis

    h an

    d G

    ame

    shal

    l be

    esta

    blis

    hed

    arou

    nd th

    e ne

    sts.

    Con

    stru

    ctio

    n ac

    tiviti

    es s

    hall

    not

    occu

    r with

    in b

    uffe

    r zon

    es u

    ntil

    youn

    g ha

    ve fl

    edge

    d or

    the

    nest

    is o

    ther

    wis

    e ab

    ando

    ned.

    b. I

    f con

    stru

    ctio

    n is

    hal

    ted

    for m

    ore

    than

    two

    wee

    ks d

    urin

    g th

    e ne

    stin

    g se

    ason

    , the

    n ad

    ditio

    nal s

    urve

    ys s

    hall

    be

    cond

    ucte

    d as

    des

    crib

    ed a

    bove

    .

    c. N

    ests

    that

    are

    est

    ablis

    hed

    durin

    g co

    nstru

    ctio

    n sh

    all b

    e pr

    otec

    ted

    from

    dire

    ct im

    pact

    (i.e

    . tre

    es s

    hall

    be fl

    agge

    d an

    d av

    oide

    d). H

    owev

    er, o

    nce

    cons

    truct

    ion

    has

    begu

    n, p

    rote

    ctio

    n fro

    m in

    dire

    ct im

    pact

    s in

    clud

    ing

    cons

    truct

    ion

    with

    in th

    e bu

    ffer z

    one

    wou

    ld n

    ot b

    e re

    quire

    d.

    Miti

    gatio

    n M

    easu

    re B

    IO-2

    : Tre

    e Pr

    otec

    tion.

    The

    follo

    win

    g m

    easu

    res

    are

    take

    n fro

    m th

    e S

    anta

    Ros

    a C

    ity C

    ode,

    S

    ectio

    n 17

    -24.

    050,

    Per

    mit

    Cat

    egor

    y II

    – Tr

    ee A

    ltera

    tion,

    Rem

    oval

    or R

    eloc

    atio

    n on

    Pro

    perty

    Pro

    pose

    d fo

    r D

    evel

    opm

    ent,

    and

    shal

    l min

    imiz

    e di

    rect

    and

    indi

    rect

    impa

    cts

    on p

    rote

    cted

    tree

    s (tr

    ees

    that

    are

    to b

    e re

    tain

    ed o

    n-si

    te):

    1. B

    efor

    e th

    e st

    art o

    f any

    cle

    arin

    g, e

    xcav

    atio

    n, c

    onst

    ruct

    ion

    or o

    ther

    wor

    k on

    the

    site

    , eve

    ry p

    rote

    cted

    tree

    sha

    ll be

    se

    cure

    ly fe

    nced

    off

    at th

    e “p

    rote

    cted

    per

    imet

    er,”

    whi

    ch s

    hall

    be e

    ither

    the

    root

    zon

    e or

    oth

    er li

    mit

    as m

    ay b

    e es

    tabl

    ishe

    d by

    the

    City

    . Suc

    h fe

    nces

    sha

    ll re

    mai

    n co

    ntin

    uous

    ly in

    pla

    ce fo

    r the

    dur

    atio

    n of

    all

    wor

    k un

    derta

    ken

    in

    conn

    ectio

    n w

    ith th

    e de

    velo

    pmen

    t. Th

    e ar

    ea fe

    nced

    off

    shal

    l not

    be

    used

    as

    a st

    orag

    e ar

    ea o

    r alte

    red

    or d

    istu

    rbed

    , ex

    cept

    as

    desc

    ribed

    in (2

    ) and

    (4) b

    elow

    .

    2. I

    f the

    pro

    pose

    d de

    velo

    pmen

    t (pr

    ojec

    t), in

    clud

    ing

    any

    site

    wor

    k fo

    r the

    dev

    elop

    men

    t (pr

    ojec

    t), w

    ill e

    ncro

    ach

    upon

    the

    prot

    ecte

    d pe

    rimet

    er o

    f a p

    rote

    cted

    tree

    , spe

    cial

    mea

    sure

    s sh

    all b

    e ut

    ilize

    d, a

    s ap

    prov

    ed b

    y th

    e C

    ity o

    f San

    ta R

    osa

    Dire

    ctor

    of C

    omm

    unity

    Dev

    elop

    men

    t (D

    irect

    or) o

    r the

    Pla

    nnin

    g C

    omm

    issi

    on, t

    o al

    low

    the

    root

    s to

    obt

    ain

    oxyg

    en,

    wat

    er, a

    nd n

    utrie

    nts

    as n

    eede

    d. A

    ny e

    xcav

    atio

    n, c

    uttin

    g, fi

    lling

    , or c

    ompa

    ctio

    n of

    the

    exis

    ting

    grou

    nd s

    urfa

    ce w

    ithin

    th

    e pr

    otec

    ted

    perim

    eter

    , if a

    utho

    rized

    at a

    ll by

    the

    Dire

    ctor

    , sha

    ll be

    min

    imiz

    ed a

    nd s

    ubje

    ct to

    suc

    h co

    nditi

    ons

    as

    may

    be

    impo

    sed

    by th

    e D

    irect

    or. N

    o si

    gnifi

    cant

    cha

    nge

    in e

    xist

    ing

    grou

    nd le

    vel s

    hall

    be m

    ade

    with

    in th

    e dr

    ip li

    ne o

    f a

    prot

    ecte

    d tre

    e. N

    o bu

    rnin

    g or

    use

    of e

    quip

    men

    t with

    an

    open

    flam

    e sh

    all o

    ccur

    nea

    r or w

    ithin

    the

    prot

    ecte

    d pe

    rimet

    er. A

    ll br

    ush,

    ear

    th a

    nd o

    ther

    deb

    ris s

    hall

    be re

    mov

    ed in

    a m

    anne

    r whi

    ch p

    reve

    nts

    inju

    ry to

    the

    prot

    ecte

    d tre

    e.

    3. N

    o oi

    l, ga

    s, c

    hem

    ical

    s or

    oth

    er s

    ubst

    ance

    s th

    at m

    ay b

    e ha

    rmfu

    l to

    trees

    sha

    ll be

    sto

    red

    or d

    umpe

    d w

    ithin

    the

    prot

    ecte

    d pe

    rimet

    er o

    f any

    pro

    tect

    ed tr

    ee, o

    r at a

    ny o

    ther

    loca

    tion

    on th

    e si

    te fr

    om w

    hich

    suc

    h su

    bsta

    nces

    mig

    ht

    ente

    r the

    per

    imet

    er o

    f a p

    rote

    cted

    tree

    . No

    cons

    truct

    ion

    mat

    eria

    ls s

    hall

    be s

    tore

    d w

    ithin

    the

    prot

    ecte

    d pe

    rimet

    er o

    f a

    prot

    ecte

    d tre

    e.

    4. U

    nder

    grou

    nd tr

    ench

    ing

    for u

    tiliti

    es s

    hall

    avoi

    d m

    ajor

    sup

    port

    and

    abso

    rbin

    g tre

    e ro

    ots

    of p

    rote

    cted

    tree

    s. If

    av

    oida

    nce

    is im

    prac

    tical

    , tun

    nels

    sha

    ll be

    mad

    e be

    low

    the

    root

    s. T

    renc

    hes

    shal

    l be

    cons

    olid

    ated

    to s

    ervi

    ce a

    s m

    any

    units

    as

    poss

    ible

    . Tre

    nchi

    ng w

    ithin

    the

    drip

    line

    of p

    rote

    cted

    tree

    s sh

    all b

    e av

    oide

    d to

    the

    grea

    test

    ext

    ent p

    ossi

    ble

    and

    shal

    l onl

    y be

    don

    e un

    der t

    he a

    t-site

    dire

    ctio

    ns o

    f a c

    ertif

    ied

    arbo

    rist.

    AO

    C/C

    ity o

    f San

    ta

    Ros

    a/C

    onst

    ruct

    ion

    Con

    tract

    or

    AO

    C/C

    ity o

    f San

    ta

    Ros

    a/C

    onst

    ruct

    ion

    Con

    tract

    or

    Prio

    r to

    cons

    truct

    ion,

    de

    mol

    ition

    , or

    grou

    nd-d

    istu

    rbin

    g ac

    tiviti

    es

  • Miti

    gatio

    n M

    onito

    ring

    and

    Rep

    ortin

    g P

    rogr

    am

    MIT

    IGAT

    ION

    MO

    NIT

    OR

    ING

    AN

    D R

    EPO

    RTI

    NG

    PR

    OG

    RAM

    (con

    tinue

    d)

    AO

    C-S

    anta

    Ros

    a C

    ourth

    ouse

    A

    -4

    ES

    A /

    2080

    91.0

    1 M

    itiga

    tion

    Mon

    itorin

    g an

    d R

    epor

    ting

    Pro

    gram

    Ju

    ly 2

    0, 2

    011

    Miti

    gatio

    n M

    easu

    res

    Part

    y R

    espo

    nsib

    le fo

    r Im

    plem

    entin

    g M

    itiga

    tion

    Part

    y R

    espo

    nsib

    le fo

    r M

    onito

    ring

    Tim

    ing

    4. Bi

    olog

    ical R

    esou

    rces

    (con

    t.)

    M

    itiga

    tion

    Mea

    sure

    BIO

    -2 (c

    ont.)

    5. N

    o co

    ncre

    te o

    r asp

    halt

    pavi

    ng s

    hall

    be p

    lace

    d ov

    er th

    e ro

    ot z

    ones

    of p

    rote

    cted

    tree

    s. N

    o ar

    tific

    ial i

    rrig

    atio

    n sh

    all

    occu

    r with

    in th

    e ro

    ot z

    one

    of o

    aks.

    6. N

    o co

    mpa

    ctio

    n of

    the

    soil

    with

    in th

    e ro

    ot z

    one

    of p

    rote

    cted

    tree

    s sh

    all o

    ccur

    .

    7. I

    f the

    tree

    s pr

    opos

    ed to

    be

    rem

    oved

    can

    be

    econ

    omic

    ally

    relo

    cate

    d, th

    e A

    OC

    sha

    ll m

    ove

    the

    trees

    to a

    sui

    tabl

    e lo

    catio

    n on

    the

    site

    sho

    wn

    on th

    e ap

    prov

    ed p

    lans

    .

    Miti

    gatio

    n M

    easu

    re B

    IO-3

    : Tre

    e R

    epla

    cem

    ent.

    Tree

    rem

    oval

    per

    mits

    sha

    ll be

    obt

    aine

    d fro

    m th

    e C

    ity o

    f San

    ta R

    osa

    for a

    ll st

    reet

    tree

    s an

    d he

    ritag

    e tre

    es re

    mov

    ed fo

    r the

    pro

    pose

    d pr

    ojec

    t. In

    add

    ition

    , the

    follo

    win

    g tre

    e re

    plac

    emen

    t m

    easu

    res

    (take

    n fro

    m th

    e S

    anta

    Ros

    a C

    ity C

    ode,

    Sec

    tion

    17-2

    4.05

    0, P

    erm

    it C

    ateg

    ory

    II –

    Tree

    Alte

    ratio

    n, R

    emov

    al o

    r R

    eloc

    atio

    n on

    Pro

    perty

    Pro

    pose

    d fo

    r Dev

    elop

    men

    t) sh

    all b

    e im

    plem

    ente

    d:

    1. F

    or e

    ach

    six

    inch

    es (o

    r fra

    ctio

    n th

    ereo

    f) of

    the

    diam

    eter

    of a

    tree

    whi

    ch w

    as a

    ppro

    ved

    for r

    emov

    al, t

    wo

    trees

    of t

    he

    sam

    e ge

    nus

    and

    spec

    ies

    as th

    e re

    mov

    ed tr

    ee (o

    r ano

    ther

    spe

    cies

    , if a

    ppro

    ved

    by th

    e D

    irect

    or),

    each

    of a

    min

    imum

    15

    -gal

    lon

    cont

    aine

    r siz

    e, s

    hall

    be p

    lant

    ed o

    n th

    e pr

    opos

    ed p

    roje

    ct s

    ite, p

    rovi

    ded

    how

    ever

    , tha

    t an

    incr

    ease

    d nu

    mbe

    r of

    sm

    alle

    r siz

    e tre

    es o

    f the

    sam

    e ge

    nus

    and

    spec

    ies

    may

    be

    plan

    ted

    if ap

    prov

    ed b

    y th

    e D

    irect

    or, o

    r a fe

    wer

    num

    ber

    of s

    uch

    trees

    of a

    larg

    er s

    ize

    if ap

    prov

    ed b

    y th

    e D

    irect

    or.

    2. F

    or e

    ach

    six

    inch

    es (o

    r fra

    ctio

    n th

    ereo

    f) of

    the

    diam

    eter

    of a

    tree

    whi

    ch w

    as n

    ot a

    ppro

    ved

    for r

    emov

    al, f

    our t

    rees

    of

    the

    sam

    e ge

    nus

    and

    spec

    ies

    as th

    e re

    mov

    ed tr

    ee (o

    r ano

    ther

    spe

    cies

    , if a

    ppro

    ved

    by th

    e D

    irect

    or),

    each

    of a

    m

    inim

    um 1

    5-ga

    llon

    cont

    aine

    r siz

    e, s

    hall

    be p

    lant

    ed o

    n th

    e pr

    opos

    ed p

    roje

    ct s

    ite, p

    rovi

    ded

    how

    ever

    , tha

    t an

    incr

    ease

    d nu

    mbe

    r of s

    mal

    ler s

    ize

    trees

    of t

    he s

    ame

    genu

    s an

    d sp

    ecie

    s m

    ay b

    e pl

    ante

    d if

    appr

    oved

    by

    the

    Dire

    ctor

    , or

    a fe

    wer

    num

    ber o

    f suc

    h tre

    es o

    f a la

    rger

    siz

    e if

    appr

    oved

    by

    the

    Dire

    ctor

    .

    3. I

    f the

    dev

    elop

    men

    t site

    is in

    adeq

    uate

    in s

    ize

    to a

    ccom

    mod

    ate

    the

    repl

    acem

    ent t

    rees

    , the

    tree

    s sh

    all b

    e pl

    ante

    d on

    pu

    blic

    pro

    perty

    with

    the

    appr

    oval

    of t

    he D

    irect

    or o

    f the

    City

    ’s R

    ecre

    atio

    n an

    d P

    arks

    Dep

    artm

    ent.

    Upo

    n th

    e re

    ques

    t of

    the

    AO

    C a

    nd th

    e ap

    prov

    al o

    f the

    Dire

    ctor

    , the

    City

    may

    acc

    ept a

    n in

    -lieu

    pay

    men

    t of $

    100.

    00 p

    er 1

    5-ga

    llon

    repl

    acem

    ent t

    ree

    on c

    ondi

    tion

    that

    all

    such

    pay

    men

    ts s

    hall

    be u

    sed

    for t

    ree-

    rela

    ted

    educ

    atio

    nal p

    roje

    cts

    and/

    or

    plan

    ting

    prog

    ram

    s of

    the

    City

    .

    AO

    C/C

    ity o

    f San

    ta

    Ros

    a/C

    onst

    ruct

    ion

    Con

    tract

    or

    AO

    C/C

    ity o

    f San

    ta

    Ros

    a/C

    onst

    ruct

    ion

    Con

    tract

    or

    Prio

    r to

    cons

    truct

    ion,

    de

    mol

    ition

    , or

    grou

    nd-d

    istu

    rbin

    g ac

    tiviti

    es

    5. Cu

    ltura

    l Res

    ourc

    es

    M

    itiga

    tion

    Mea

    sure

    CU

    L-1:

    If c

    ultu

    ral r

    esou

    rces

    are

    enc

    ount

    ered

    , all

    activ

    ity in

    the

    vici

    nity

    of t

    he fi

    nd s

    hall

    ceas

    e un

    til

    it ca

    n be

    eva

    luat

    ed b

    y a

    qual

    ified

    arc

    haeo

    logi

    st a

    nd a

    Nat

    ive

    Am

    eric

    an re

    pres

    enta

    tive.

    Pre

    hist

    oric

    arc

    haeo

    logi

    cal

    mat

    eria

    ls m

    ight

    incl

    ude

    obsi

    dian

    and

    che

    rt fla

    ked-

    ston

    e to

    ols

    (e.g

    ., pr

    ojec

    tile

    poin

    ts, k

    nive

    s, s

    crap

    ers)

    or t

    oolm

    akin

    g de

    bris

    ; cul

    tura

    lly d

    arke

    ned

    soil

    (“m

    idde

    n”) c

    onta

    inin

    g he

    at-a

    ffect

    ed ro

    cks,

    arti

    fact

    s, o

    r she

    llfis

    h re

    mai

    ns; a

    nd s

    tone

    m

    illin

    g eq

    uipm

    ent (

    e.g.

    , mor

    tars

    , pes

    tles,

    han

    dsto

    nes,

    or m

    illin

    g sl

    abs)

    ; and

    bat

    tere

    d st

    one

    tool

    s, s

    uch

    as

    ham

    mer

    ston

    es a

    nd p

    itted

    sto

    nes.

    His

    toric

    -per

    iod

    mat

    eria

    ls m

    ight

    incl

    ude

    ston

    e, c

    oncr

    ete,

    or a

    dobe

    foot

    ings

    and

    wal

    ls;

    fille

    d w

    ells

    or p

    rivie

    s; a

    nd d

    epos

    its o

    f met

    al, g

    lass

    , and

    /or c

    eram

    ic re

    fuse

    . If t

    he a

    rcha

    eolo

    gist

    and

    Nat

    ive

    Am

    eric

    an

    repr

    esen

    tativ

    e de

    term

    ine

    that

    the

    reso

    urce

    s m

    ay b

    e si

    gnifi

    cant

    , the

    y w

    ill n

    otify

    the

    AO

    C. A

    n ap

    prop

    riate

    trea

    tmen

    t pla

    n fo

    r the

    reso

    urce

    s sh

    ould

    be

    deve

    lope

    d. T

    he a

    rcha

    eolo

    gist

    sha

    ll co

    nsul

    t with

    Nat

    ive

    Am

    eric

    an re

    pres

    enta

    tives

    in

    dete

    rmin

    ing

    appr

    opria

    te tr

    eatm

    ent f

    or p

    rehi

    stor

    ic o

    r Nat

    ive

    Am

    eric

    an c

    ultu

    ral r

    esou

    rces

    .

    AO

    C/Q

    ualif

    ied

    Arc

    haeo

    logi

    st/F

    IGR

    A

    OC

    /Qua

    lifie

    d A

    rcha

    eolo

    gist

    /FIG

    R

    Dur

    ing

    cons

    truct

    ion

    or g

    roun

    d-di

    stur

    bing

    ac

    tiviti

    es

  • Miti

    gatio

    n M

    onito

    ring

    and

    Rep

    ortin

    g P

    rogr

    am

    MIT

    IGAT

    ION

    MO

    NIT

    OR

    ING

    AN

    D R

    EPO

    RTI

    NG

    PR

    OG

    RAM

    (con

    tinue

    d)

    NEW

    SAN

    TA R

    OSA

    CR

    IMIN

    AL C

    OU

    RTH

    OU

    SE

    AO

    C-S

    anta

    Ros

    a C

    ourth

    ouse

    A

    -5

    ES

    A /

    2080

    91.0

    1 M

    itiga

    tion

    Mon

    itorin

    g an

    d R

    epor

    ting

    Pro

    gram

    Ju

    ly 2

    0, 2

    011

    Miti

    gatio

    n M

    easu

    res

    Part

    y R

    espo

    nsib

    le fo

    r Im

    plem

    entin

    g M

    itiga

    tion

    Part

    y R

    espo

    nsib

    le fo

    r M

    onito

    ring

    Tim

    ing

    5. Cu

    ltura

    l Res

    ourc

    es (c

    ont.)

    Miti

    gatio

    n M

    easu

    re C

    UL-

    1 (c

    ont.)

    In c

    onsi

    derin

    g an

    y su

    gges

    ted

    miti

    gatio

    n pr

    opos

    ed b

    y th

    e ar

    chae

    olog

    ist a

    nd N

    ativ

    e A

    mer

    ican

    repr

    esen

    tativ

    e, th

    e A

    OC

    w

    ill d

    eter

    min

    e w

    heth

    er a

    void

    ance

    is n

    eces

    sary

    and

    feas

    ible

    in li

    ght o

    f fac

    tors

    suc

    h as

    the

    natu

    re o

    f the

    find

    , pro

    ject

    de

    sign

    , cos

    ts, a

    nd o

    ther

    con

    side

    ratio

    ns. I

    f avo

    idan

    ce is

    infe

    asib

    le, o

    ther

    app

    ropr

    iate

    mea

    sure

    s (e

    .g.,

    data

    reco

    very

    ) will

    be

    inst

    itute

    d. W

    ork

    may

    pro

    ceed

    in o

    ther

    par

    ts o

    f the

    pro

    ject

    are

    a w

    hile

    miti

    gatio

    n fo

    r cul

    tura

    l res

    ourc

    es is

    bei

    ng c

    arrie

    d ou

    t.

    Miti

    gatio

    n M

    easu

    re C

    UL-

    2: P

    rior t

    o st

    art o

    f con

    stru

    ctio

    n at

    the

    site

    , the

    AO

    C s

    hall

    prov

    ide

    a qu

    alifi

    ed p

    aleo

    ntol

    ogis

    t to

    cond

    uct p

    aleo

    ntol

    ogic

    al re

    sour

    ces

    sens

    itivi

    ty tr

    aini

    ng to

    ens

    ure

    field

    sup

    ervi

    sors

    and

    con

    stru

    ctio

    n cr

    ews

    unde

    rsta

    nd th

    e po

    tent

    ial f

    or fo

    ssil

    rem

    ains

    bei

    ng u

    ncov

    ered

    and

    /or d

    istu

    rbed

    by

    proj

    ect-r

    elat

    ed e

    arth

    mov

    ing;

    whe

    re s

    uch

    rem

    ains

    are

    m

    ost l

    ikel

    y to

    be

    enco

    unte

    red

    durin

    g ea

    rth m

    ovin

    g; a

    nd p

    roce

    dure

    s to

    be

    empl

    oyed

    if fo

    ssil

    rem

    ains

    are

    dis

    cove

    red

    durin

    g ex

    cava

    tions

    (whi

    ch in

    clud

    e ha

    lting

    con

    stru

    ctio

    n w

    ithin

    50

    feet

    of t

    he fi

    nd u

    ntil

    its s

    igni

    fican

    ce c

    an b

    e de

    term

    ined

    ). Th

    e qu

    alifi

    ed p

    aleo

    ntol

    ogis

    t wou

    ld a

    lso

    serv

    e as

    a p

    oint

    of c

    onta

    ct s

    houl

    d an

    y fo

    ssils

    be

    unea

    rthed

    by

    cons

    truct

    ion

    crew

    s, a

    nd w

    ould

    pre

    serv

    e an

    d sa

    lvag

    e an

    y un

    ique

    or s

    igni

    fican

    t fos

    sils

    that

    are

    une

    arth

    ed.

    AO

    C/C

    onst

    ruct

    ion

    Con

    tract

    or/Q

    ualif

    ied

    Pal

    eont

    olog

    ist

    AO

    C/C

    onst

    ruct

    ion

    Con

    tract

    or/Q

    ualif

    ied

    Pal

    eont

    olog

    ist

    Prio

    r to

    cons

    truct

    ion

    or g

    roun

    d-di

    stur

    bing

    ac

    tiviti

    es

    Miti

    gatio

    n M

    easu

    re C

    UL-

    3: If

    hum

    an re

    mai

    ns a

    re e

    ncou

    nter

    ed u

    nexp

    ecte

    dly

    durin

    g co

    nstru

    ctio

    n ex

    cava

    tion

    and

    grad

    ing

    activ

    ities

    , Sta

    te H

    ealth

    and

    Saf

    ety

    Cod

    e S

    ectio

    n 70

    50.5

    requ

    ires

    that

    no

    furth

    er d

    istu

    rban

    ce s

    hall

    occu

    r un

    til th

    e S

    onom

    a C

    ount

    y C

    oron

    er h

    as m

    ade

    the

    nece

    ssar

    y fin

    ding

    s as

    to o

    rigin

    and

    dis

    posi

    tion

    purs

    uant

    to P

    RC

    S

    ectio

    n 50

    97.9

    8. If

    the

    rem

    ains

    are

    det

    erm

    ined

    to b

    e of

    Nat

    ive

    Am

    eric

    an d

    esce

    nt, t

    he c

    oron

    er h

    as 2

    4 ho

    urs

    to n

    otify

    th

    e N

    AH

    C. T

    he N

    AH

    C w

    ill th

    en id

    entif

    y th

    e pe

    rson

    (s) t

    houg

    ht to

    be

    the

    Mos

    t Lik

    ely

    Des

    cend

    ent,

    who

    will

    hel

    p de

    term

    ine

    wha

    t cou

    rse

    of a

    ctio

    n sh

    ould

    be

    take

    n in

    dea

    ling

    with

    the

    rem

    ains

    .

    AO

    C/C

    onst

    ruct

    ion

    Con

    tract

    or

    AO

    C/C

    onst

    ruct

    ion

    Con

    tract

    or/N

    AH

    C/

    Cou

    nty

    Cor

    oner

    Dur

    ing

    cons

    truct

    ion

    or g

    roun

    d-di

    stur

    bing

    ac

    tiviti

    es

    6. Ge

    olog

    y, So

    ils, a

    nd S

    eism

    icity

    No

    miti

    gatio

    n re

    quire

    d.

    7. Gr

    eenh

    ouse

    Gas

    Em

    issio

    ns

    N

    o m

    itiga

    tion

    requ

    ired.

    8. Ha

    zard

    s and

    Haz

    ardo

    us M

    ater

    ials

    N

    o m

    itiga

    tion

    requ

    ired.

    9. Hy

    drol

    ogy a

    nd W

    ater

    Qua

    lity

    N

    o m

    itiga

    tion

    requ

    ired.

    10. L

    and

    Use a

    nd L

    and

    Use P

    lanni

    ng

    N

    o m

    itiga

    tion

    requ

    ired.

  • Miti

    gatio

    n M

    onito

    ring

    and

    Rep

    ortin

    g P

    rogr

    am

    MIT

    IGAT

    ION

    MO

    NIT

    OR

    ING

    AN

    D R

    EPO

    RTI

    NG

    PR

    OG

    RAM

    (con

    tinue

    d)

    AO

    C-S

    anta

    Ros

    a C

    ourth

    ouse

    A

    -6

    ES

    A /

    2080

    91.0

    1 M

    itiga

    tion

    Mon

    itorin

    g an

    d R

    epor

    ting

    Pro

    gram

    Ju

    ly 2

    0, 2

    011

    Miti

    gatio

    n M

    easu

    res

    Part

    y R

    espo

    nsib

    le fo

    r Im

    plem

    entin

    g M

    itiga

    tion

    Part

    y R

    espo

    nsib

    le fo

    r M

    onito

    ring

    Tim

    ing

    11. M

    iner

    al Re

    sour

    ces

    N

    o m

    itiga

    tion

    requ

    ired.

    12. N

    oise

    and

    Vibr

    atio

    n

    Miti

    gatio

    n M

    easu

    re N

    OI-1

    : Lim

    it co

    nstru

    ctio

    n to

    day

    time

    hour

    s be

    twee

    n 7

    a.m

    . and

    7 p

    .m. o

    n w

    eekd

    ays

    and

    betw

    een

    9 a.

    m. a

    nd 6

    p.m

    . on

    wee

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  • AOC-Santa Rosa Courthouse B-1 ESA / 208091.01 Final Initial Study-Response to Comments July 20, 2011

    APPENDIX B Notice of Intent to Adopt a Mitigated Negative Declaration and Notice of Public Comment Period

  • THIS PAGE INTENTIONALLY LEFT BLANK

    B-2

  • OFFICE OF COUR T CONS TRUCTION AND M ANAG EMENT

    455 Golden Gate Avenue . San Francisco, California 94102-3688 Telephone 415-865-4900 . Fax 415-865-8885 . TDD 415-865-4272

    T A N I C A N T I L - S A K A U Y E

    Chief Justice of California Chair of the Judicial Council

    W I L L I A M C . V I C K R E Y

    Administrative Director of the Courts

    R O N A L D G . O V E R H O L T

    Chief Deputy Director

    L E E W I L L O U G H B Y

    Director, Office of Court Construction and Management

    Notice of Intent to Adopt a Mitigated Negative Declarationand Notice of Public Comment Period:

    May 25 through June 24, 2011

    BACKGROUNDThe Administrative Office of the Courts (AOC), the staff agency of the Judicial Council of California, is considering adopting a mitigated negative declaration in compliance with the California Environmental Quality Act (CEQA) for a new California Superior Courthouse in the County of Sonoma. The project site is in the City of Santa Rosa at the Sonoma County Administration Center campus, north of downtown Santa Rosa. The site is generally bounded by US Highway 101 on the west, Paulin Drive on the north and east, and Administration Drive on the south. Ventura Avenue divides the project site between the courthouse and new courthouse parking. The proposed project includes an approximately 174,000 square foot building with a basement and 15 courtrooms. The environmental issues to be addressed in the mitigated negative declaration include: Aesthetics; Biological Resources; Greenhouse Gas Emissions; Land Use and Land Use Planning; Transportation and Traffic; Cultural Resources; Hazards and Hazardous Materials; Public Services; Utilities and Service Systems; Air Quality; Geology, Soils and Seismicity; Hydrology and Water Quality; and Noise and Vibration.

    WHY THIS NOTICE?The purpose of this notice is twofold:

    1. To provide you with the opportunity to learn more about the proposed project; and2. To allow you to provide comments to the AOC on the proposed project.

    The mitigated negative declaration can be viewed on-line at the website address below or at:

    Santa Rosa Central Library City of Santa Rosa (City Hall)211 E Street, Santa Rosa, CA 95404 100 Santa Rosa Ave, Santa Rosa, CA 95404(707) 545-0831 (707) 543-3010

    HOW DO YOU PARTICIPATE?The AOC encourages your participation. You may submit comments to:

    Laura Sainz, Administrative Office of the Courts2860 Gateway Oaks, Suite 400,Sacramento, CA 95833 Email: [email protected]

    In addition, a public meeting for this project will be held on:Thursday, June 16, 2011 - 5:30 to 6:30 p.m.

    County Administration Center, Hall of Justice - Department 15, 600 Administration Drive, Santa Rosa, CA 95403

    The deadline for written comments is June 24, 2011.

    For more information on the project and/or to receive a copy of the mitigated negative declaration, please visit http://www.courts.ca.gov/2802.htm#tab3550. If you have questions or wish to discuss the project, please contact Laura Sainz at the Administrative Office of the Courts at 916-263-7992 or via email at [email protected].

    B-3

    mailto:[email protected]�http://www.courts.ca.gov/2802.htm#3550�mailto:[email protected]

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