MITIGATION MONITORING AND REPORTING PROGRAM
PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE
AND EAST END ANNEXATION PROJECT
Mitigation Monitoring and Reporting Program 1
This Mitigation Monitoring and Reporting Program has been prepared for use in implementing mitigation for the:
Philadelphia Street Industrial Development Site and East End Annexation Project Prezone and Annexation (PL 20-0003), Site Approval (PL 20-0004), and Tentative Parcel Map No. 20174 (PL 20-0005)
The program has been prepared in compliance with State law and the Mitigated Negative Declaration (MND) prepared for the project by the City of Chino (City).
The California Environmental Quality Act (CEQA) requires adoption of a reporting or monitoring program for those measures placed on a project to mitigate or avoid significant effects on the environment (Public Resource Code Section 21081.6). The law states the reporting or monitoring program shall be designed to ensure compliance during project implementation.
The monitoring program contains the following elements:
1) The mitigation measures are recorded with the action and procedure necessary to ensure compliance. In some instances, one action may be used to verify implementation of several mitigation measures.
2) A procedure for compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported.
3) The program has been designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible fo r the program. As changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program.
This Mitigation Monitoring and Reporting Program includes mitigation identified in the MND.
MITIGATION MONITORING AND RESPONSIBILITIES
As the Lead Agency, the City is responsible for ensuring full compliance with the mitigation measures adopted for the proposed project. The City will monitor and report on all mitigation activities.
Mitigation measures will be implemented at different stages of development throughout the project site. In this regard, the responsibilities for implementation have been assigned to the Applicant, Contractor, or a combination th ereof. If, during the course of p roject implementation, any of the mitigation measures identified herein cannot be su ccessfully implemented, the City shall be immediately informed, and the City will then inform any affect ed responsible agencies. The City , in conjunction with any affected responsible agencies, will then determine if modification to the project is required and/or whether alternative mitigation is appropriate.
STANDARD CONDITIONS
Standard Conditions are presented in instances where the proposed p roject would not create a significant impact but would be required to adhere to regulatory requirements in order to ensure impacts do not become significant. Standard Conditions outline compliance with various federal, State, and/or local acts, laws, rules, regulations, municipal codes, policies, etc.
MITIGATION MONITORING AND REPORTING PROGRAM
PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE
AND EAST END ANNEXATION PROJECT
Mitigation Monitoring and Reporting Program 2
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MITIGATION MONITORING AND REPORTING PROGRAM
PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 3
MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.
Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
Non-
Compliance
BIOLOGICAL RESOURCES
MITIGATION MEASURE BIO-1: If demolition or ground
disturbance is proposed during nesting bird season (February 15 to August 31), a pre -construction nesting survey shall be conducted by a qualified biologist (Project Biologist) within 72 hours prior to start of work pursuant to Sections 3503 – 3801 of the California Fish and Game Code. If the survey indicates nesting birds are present, an appropriate buffer to be established by the project Biologist shall be marked off around the nest(s), and no demolition or construction activity shall occur in that area during nesting activities. Demolition and/or co
nstruction may resume within the established
buffer when the project Biologist determines the nest is no longer occupied and all juveniles have left the nest. This measure shall be implemented to the satisfaction of the City of Chino Development Services Director or designee.
City of Chino
Director of
Development
Services, or
designee.
Prior to issuance of
grading permit, prior to
the commencement of
demolition and ground
disturbance activities,
and during construction.
Evidence to the City a
qualified biologist is retained,
the required pre-construction
survey has been completed,
and, if necessary, appropriate
buffers are established and
monitored until the nesting
effort is finished.
Withhold
grading permit
or issuance of
a stop work
order.
CULTURAL RESOURCES
MITIGATION MEASURE CUL-1: Prior to issuance of grading
permits, the City of Chino (City) shall verify that the following note is included on all grading plans:
“If archaeological resources are discovered during ground- disturbing activities, all activity within 100 feet of the discovery shall be halted, and the City shall be notified.
Notification shall be made within 24 hours of any such
discovery. If the resources are d etermined to be of pre - contact (i.e., Native American) origin, all Native American tribes who have expressed an interest in the project
City of Chino
Director of
Development
Services, or
designee.
Prior to issuance of
grading permit.
Evidence to the City
archaeological discovery note
is included in the grading
plans.
Withhold
grading permit
or issuance of
a stop work
order.
MITIGATION MONITORING AND REPORTING PROGRAM
PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 4
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.
Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
Non-
Compliance
through the Assembly Bill 52 process pursuant to California Public Resources Code Section 21080.3.2 (interested
Native American Tribes) shall be contacted for input. The City shall, in good faith, consult with interested Native American Tribes for the remainder of the project.
Construction personnel shall not collect or move any
suspected archaeological materials or further disturb any soils within the 100 -foot exclusionary buffer, but
construction activity may continue on other portions of the project site. As deemed necessary by the City, a qualified archaeologist shall be retained to assess the nature and significance of
the discovery. As determined by the
qualified archaeologist and interested Native American
Tribes should the discovery be determined not to be
significant, the resource shall be recorded on a California Department of Parks and Recreation Form 523, and no
further recovery effort shall be required. However, all subsequent ground-disturbing activities shall be monitored by an archaeologist and, if requested, by interested Native American Tribes at the discretion of the City. Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the project applicant and City for dissemination to interested Native American Tribes, as requested. In the event the di scovery is determined to be significant pursuant to CEQA Guidelines Section 15064.5, Mitigation Measure CUL-2 shall apply.” This measure shall be implemented to the satisfaction of the City of Chino’s Development Services Director or designee.
MITIGATION MONITORING AND REPORTING PROGRAM
PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 5
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.
Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
Non-
Compliance
MITIGATION MEASURE CUL-2: If a qualified archaeologist
determines cultural resources identified on the project site are historical or unique archaeological resources pursuant to CEQA Guidelines Section 15064.5, contingency funding and a time allotment sufficient to allow for implementation of avoidance measures or appropriate data recovery must be provided. The archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to Native American tribal representatives (i.e., those who have expressed an interest in the project through the Assembly Bill 52 process pursuant to California Public Resources Code Section 21080.3.2) for review and comment. Ground-
disturbing work may continue on other parts of the project site while hi
storical [or unique archaeological] resource
mitigation occurs.
The project archaeologist, the project a pplicant, the City of Chino’s Development Services Director or designee, and
interested Native American tribal representatives shall confer regarding th e appropriate disposition of the
discovered resource(s). Disposition may include curation with a certified scientific or educational repository in accordance with current professional repository standards.
However, if an agreement on the disposition of cul tural resources cannot be reached, the resource(s) shall be
reburied on the project site in an area not subject to further ground disturbance, with appropriate recordation on the California Department of Parks and Recreation 523 Forms.
Work shall not resum e within the 100 -foot exclusionary buffer without City authorization, and all subsequent ground- disturbing activities shall be monitored at the discretion of the City.
City of Chino
Director of
Development
Services, or
designee.
During construction Evidence to the City:
1) Monitoring and Treatment
Plan provided to Native
American tribal
representatives;
2) project archaeologist,
project applicant, City of
Chino, and interested
Native American tribal
representatives confer
regarding discovered
resource(s);
3) Appropriate buffer areas
have been established as
applicable;
4) Appropriate recordation
on California Department
of Parks and Recreation
523 Forms;
5) Report of findings filed
with the City, tribal
representative, and South
Central Coastal
Information Center.
Issuance of a
stop work
order.
MITIGATION MONITORING AND REPORTING PROGRAM
PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 6
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.
Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
Non-
Compliance
All cultural resources, including the locations from which they are recovered and to whi ch they may be reburied, shall remain confidential p ursuant to the California Code of Regulations Section 15120(d). A final report containing the significance and treatment of findings shall be prepared by the project archaeologist and submitted to the City of Chino’s Development Services Director or designee and interested Native American Tribe(s). This measure shall be implemented to the satisfaction of the City of Chino Development Services Director or designee.
GEOLOGY AND SOILS
MITIGATION MEASURE GEO-1: Prior to issuance of grading
and/or building permits, the project applicant shall provide evidence to the City of Chino (City) for review and approval that proposed structures, features, and facilities have been designed and would be constructed in conformance with
applicable provisions of the 2022 edition of the California Building Code (CBC) or the most current edition of the CBC in effect at the time the applicant’s development application is deemed complete by the City.
Additionally, the project applicant shall provide evidence to the City that the recommendations cited in the project- specific Geotechnical Investigation are incorporated into project plans and/or implemented as deemed appropriate by the City. Geotechnical recommendations include, but are not limited to, removal of existing vegetati on, structural foundations, floor slabs, irrigation lines, utility lines, and any other surface and subsurface improvements that would not remain in place for use with the new development. Remedial earthwork, overexcavation, and ground improvement shall occur to depths specified in the Geotechnical Investigation to Director of the
City of Chino
Building
Department or
designee.
Prior to issuance of
grading and/or building
permits and during
construction.
Evidence to the City:
1) Design-level plans comply
with California Building
Code in effect at the time
of development
application submittal;
2) Recommendations in the
design-level
geotechnical/soils/geologi
c report are incorporated
as applicable.
Withhold
grading and/or
building
permits and/or
issuance of a
stop work
order.
MITIGATION MONITORING AND REPORTING PROGRAM
PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 7
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.
Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
Non-
Compliance
provide a sufficient layer of engineered fill or densified soil beneath the structural footings/foundations, as well as proper surface drainage devices. Retaining wall parameters shall be in accordance with the Geotechnical Investigation to protect against lateral spreading and landslides. Additionally, Type II cement according to the latest CBC specifications shall be utilized for the construction of building foundations and additional sulfate tests shall be performed at the completion of site grading to ensure that graded conditions are
consistent with the recommendations specified in the
Geotechnical Investigation to protect concrete, steel, and other metals from corrosive soils. Verification testing must be performed upon completion of ground improvements to
confirm that the compressible soils have been sufficiently densified. The structural engineer must determine the
ultimate thickness and reinforcement of the building floor slabs based on the imposed slab loading.
As necessary, the City may require additional studies and/or engineering protocols to meet its requirements. This
measure shall be implemented to the satisfaction of the City Director of Building or designee.
MITIGATION MEASURE GEO-2: Prior to commencement of
any grading activity on the Industrial Development Site, the applicant shall retain a paleontological monitor that would work under the direct supervision of a qualified
paleontologist (defined as an individual with a B.S./B.A. in geology, or related discipline with an emphasis in
paleontology and demonstrated competence in
paleontological research, fieldwork, reporting, and curation).
The qualified paleontologist shall attend the pre-construction meeting to discuss monitoring protocols. The paleontological City of Chino
Director of
Development
Services, or
designee.
Prior to commencement
of grading and during
construction.
Evidence to the City:
1) Project
proponent/developer
retains a qualified
paleontologist for
monitoring;
2) Project
proponent/developer
Withhold
grading permit
and/or
i
ssuance of a
stop work
order.
MITIGATION MONITORING AND REPORTING PROGRAM
PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 8
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.
Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
Non-
Compliance
monitor shall be present full-time during ground disturbance activity below five feet from the ground surface, including but not limited to grading, trenching, utilities, and off -site easements. If the qualified paleontologist de termines that the sediments are not likely to produce fossil resources after excavation below five feet from the ground surface begins, monitoring efforts shall be reduced.
If during such ground disturbance activities, a paleontological resource is discovered, the monitor shall temporarily halt or redirect grading efforts, and shall flag the area and notify the construction crew immediately. No further disturbance in the flagged area shall occur until the qualified paleontologist has cleared the area.
I
n consultation with the qualified paleontologist, the monitor shall assess the nature and significance of the find. If the specimen is not significant, it shall be mapped, documented, removed, and the area cleared to allow grading to
recommence in the area of the find.
If the discovery is found to be significant, the qualified paleontologist shall notify the applicant and City
immediately. In consultation with the applicant and the City, the qualified paleontologist shall develop a plan of mitigation which would likely include full -time monitoring, salvage excavation, scientific removal of the find, removal of
sediment from around the specimen (in the laboratory),
research to identify and categorize the find, curation of the find in a local qualified repository, and preparation of a report summarizing the find.
prepares a Paleontological
Resource Mitigation Plan;
3) Adequate provisions are in
place to protect or
retrieve/record/evaluate
paleontological resources;
4) Formal agreement
between the project
applicant and appropriate
repository for fossils;
5) Submittal of required
evaluation and report by a
qualified paleontologist to
the City.
MITIGATION MONITORING AND REPORTING PROGRAM
PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 9
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.
Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
Non-
Compliance
HAZARDS AND HAZARDOUS MATERIALS
MITIGATION MEASURE HAZ-1: An asbestos -containing
materials (ACM) survey and lead -based materials (LBM)
survey shall be completed for demolition of all structures constructed prior to 1978. A qualified California Occupational Safety and Health Administration (Cal/OSHA) Certified Site Surveillance Technician shall conduct the ACM survey. A qualified California Department of Public Health Lead
Inspector Assessor shall conduct the LBM survey. If the ACM survey reveals no detectable asbestos levels pursuant to Title 8, CCR Section 1529, no further ACM survey or remedial work is required . If the LBM survey reveals no detectable lead levels pursuant to Code of Federal Regulations Chapter 29, Section 1926.62 and Title 8, California Code of Regulations Section 1532.1, no further LBM survey or remedial work is required. However, if a detectable level of asbestos is identified within structures proposed for demolition,
Mitigation Measure HAZ-2 shall app ly. Furthermore, if a detectable level of lead is identified within structures proposed for demolition, Mitigation Measure HAZ-3 shall apply. This measure shall be implemented to the satisfaction of the City of Chino Development Services Director or
designee, and/or Building Division, or designee.
City of Chino
Director of
Development
Services, or
designee.
Prior to issuance of
demolition permit.
Evidence to the City a
asbestos-containing materials
(ACM) survey and lead-based
materials (LBM) survey is
completed.
Withhold
demolition
permit.
MITIGATION MEASURE HAZ-2: Prior to the demolition of any structure identified to contain ACM, the project applicant shall retain a Certified Asbestos Consultant to abate ACM from the demolition site. An Asbestos Notification shall be prepared and submitted to the South Coast Air Quality
Management District (SCAQMD) for approval before any
asbestos abatement may commence. The Certified Asbestos Consultant shall provide a construction and demolition plan City of Chino
Director of
Development
Services, or
designee.
Prior to issuance of
demolition permit.
Evidence to the City a
Certified Asbestos Consultant
is retained, Asbestos
Notification
submitted to
SCAQMD, construction and
demolition plan with disposal
tickets and SCAQMD air
Withhold
demolition
permit.
MITIGATION MONITORING AND REPORTING PROGRAM
PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 10
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.
Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
Non-
Compliance
with disposa l tickets from a San Bernardino County
Department of Public Works -Solid Waste Management
Division-approved disposal facility and SCAQMD air
clearances prior to final inspection, and an asbestos report shall be provided to the City prior to the issuance of a demolition permit. This measure shall be implemented to the satisfaction of the City of Chino Development Services
Director or designee, and/or Building Division, or designee. clearances, and asbestos
report is provided to the City.
MITIGATION MEASURE HAZ-3: Prior to the demolition of any structure identified to contain LBM, the p roject applicant shall retain a California Department of Public Health Lead Inspector Assessor to abate LBM from the demolition site.
The Lead Inspector Assessor shall provide a construction and demolition plan with disposal tickets from a San Bernardino County Department of Public Works -
Solid Waste
Management Division-approved disposal facility and South Coast Air Quality Management District air clearances prior to final inspection, a nd a lead report shall be provided to the City prior to the issuance of a demolition permit. This measure shall be implemented to the satisfaction of the City of Chino Development Services Director or designee, and/or Building Division, or designee.
City of Chino
Director of
Development
Services, or
designee.
Prior to issuance of
demolition permit.
Evidence to the City a
California Department of
Public Health Lead Inspector
Assessor is retained ,
construction and demolition
plan with disposal tickets and
SCAQMD air clearances , and
lead report is provided to the
City.
Withhold
demolition
permit.
NOISE AND VIBRATION
MITIGATION MEASURE NOI -1: Prior to issuance of
demolition and grading permits, the construction contractor shall erect a minimum 6 -foot-high temporary construction barrier along the eastern and southeastern project
construction boundaries, a minimum 8-foot-high temporary construction barrier along the southern construction
boundary, and a minimum 14 -foot-high temporary
construction barrier along the western project construction City of Chino
Director of
Development
Services, or
designee.
Prior to issuance of
demolition and grading
permits.
Evidence to the City of
construction of appropriate
construction barriers for noise
attenuation.
Withhold
demolition
and/or grading
permit.
MITIGATION MONITORING AND REPORTING PROGRAM
PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 11
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.
Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
Non-
Compliance
boundary where there are existing residences to reduce
construction noise levels. The barriers shall be continuous with no gaps or holes and may be any material that has a minimum Sound Transmission Class (STC) rating of 28.
Additionally, the construction contractor shall limit
construction activities to between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday. Construction activities shall be prohibited outside of these hours or anytime on Sundays and federal holidays.
The construction contractor shall equip all internal
combustion engine -driven equipment with in take and
exhaust mufflers that are in good condition and appropriate for the equipment and also ensure that trucks and equipment are running only when necessary. Only “Quiet” air
compressors and similar equipment shall be utilized, where available. Finally, the construction contractor shall locate stationary noise -generating equipment as far as possible from off -site residential properties. This measure shall be implemented to the satisfaction of the City of Chino Director of Development Services, or designee
MITIGATION MEASURE NOI-2: Prior to issuance of a grading permit, the construction contractor shall provide evidence to the City of Chino that heavy construction equipment (e.g., large bulldozers and loaded trucks) shall be prohibited from operating within 15 feet of the residential structures located on the property (APN 1013- 521-05) adjacent to the west - southwest of the Industrial Development Site. Notes shall be included in the grading plans and temporary on-site signage in the immediate proximity of the southwest po rtion of the Industrial Development Site shall be erected notifying
construction personnel of the prohibition. The temporary City of Chino
Director of
Development
Services, or
designee.
Prior to issuance of
grading permit.
Evidence to the City oF a note
in the grading plans and
erection of temporary on-site
signage in the immediate
proximity of the southwest
portion of the Industrial
Development Site notifying
construction personnel of
large bulldozer /loaded truck
prohibition.
Withhold
grading
permit.
MITIGATION MONITORING AND REPORTING PROGRAM
PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 12
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.
Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
Non-
Compliance
signage shall clearly indicate large bulldozers and loaded trucks are prohibited from operating within 15 feet of the residential s tructures located on the property (APN 1013- 521-05) adjacent to the west -southwest of the Industrial Development Site, the standard language of which shall be determined through coordination between the construction site contractor, the project applicant, and the City of Chino Director of Development Services or designee. This measure shall be implemented to the satisfaction of the City of Chino Director of Development Services, or designee.
TRIBAL CULTURAL RESOURCES
MITIGATION MEASURE TCR-1: A. The project applicant/lead agency shall retain a Native American Monitor from or
approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The monitor shall be retained prior to the
commencement of any “ground- disturbing activity” for the subject project at all project locations (i.e., both on -site and any off -site locations that are included in the project description/definition and/or required in connection with the project, such as publ ic improvement work). “Ground -
disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring,
grubbing, tree removal, boring, grading, excavation, drilling, and trenching.
B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground -disturbing activity, or the issuance of any permit necessary to commence a ground - disturbing activity.
City of Chino
director of
development
services, or
designee.
Prior to issuance of
grading permit and
during construction.
Evidence to the City:
1) A Native American Monitor
from or approved by the
Gabrieleño Band of Mission
Indians – Kizh Nation is
retained;
2) Copy of the executed
monitoring agreement
submitted to City;
3) Daily monitoring logs
submitted to City;
4) Appropriate buffers
established as appropriate.
Withhold
grading permit
and/or
i
ssuance of a
stop work
order.
MITIGATION MONITORING AND REPORTING PROGRAM
PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 13
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.
Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
Non-
Compliance
C. The monitor would complete daily monitoring lo gs that would provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural- related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs would identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods.
Copies of monitor logs would be provided to the project applicant/lead agency upon written request to the Tribe.
D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground- disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a
determination and written notification by the Kizh to the project applicant/lead agency that no future, planned
construction activity and/or development/construction
phase at the project site possesses the potential to impact Kizh TCRs.
E. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TC R has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh would recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and
MITIGATION MONITORING AND REPORTING PROGRAM
PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 14
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.
Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
Non-
Compliance
for any purpose the Tribe deems approp riate, including for educational, cultural and/or historic purposes.
MITIGATION MEASURE TCR -2: A. Native American human
remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Fu
nerary objects, called associated grave
goods in Public Resources Code Section 5097.98, are also to be treated according to this statute.
B. If Native American human remains and/or grave goods
discovered or recognized on the project site, then all
construction activities shall immediately cease. Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground- disturbing activities shall immediately halt and shall remain halted until the coroner has determined th e nature of the remains. If the coroner recognizes the human remains to be those of a Native
American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed.
C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section
5097.98(d)(1) and (2).
D. Construction activities may resume in other parts of the project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other City of Chino
director of
development
services, or
designee.
During construction. Evidence to the City:
1) Appropriate buffer areas
have been established as
applicable;
2) Coordinate with Native
American Heritage
Commission, Most Likely
Descendent, and County
Coroner as necessary.
Issuance of a
stop work
order.
MITIGATION MONITORING AND REPORTING PROGRAM
PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 15
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.
Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
Non-
Compliance
mitigation measures the Kizh monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5(f).) E. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any historic archaeological material that is not Native American in origin (non -TCR) shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the
archaeological material, it shall be offered to a local school or historical society in the area for educational purposes.
F. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.
MITIGATIOIN MEASURE TCR -3: A. As the Most Likely
Descendant (“MLD”), the Koo -nas-gna Burial Policy shall be implemented. To the Tribe, the term “human remains”
encompasses more than human bones. In ancient as well as historic times, Tribal
Traditions included, but were not
limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains.
B. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created.
C. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact.
Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at City of Chino
director of
development
services, or
designee.
During construction. Evidence to the City:
1) Appropriate buffer areas
have been established as
applicable;
2) Coordinate with Native
American Heritage
Commission, Most Likely
Descendent, and County
Coroner as necessary.
3) Submittal of Data
Recovery Report to the
Native American Tribe.
Issuance of a
stop work
order.
MITIGATION MONITORING AND REPORTING PROGRAM
PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 16
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.
Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
Non-
Compliance
the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations would either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials.
D. In the case where discovered human remains cannot be fully documented and recovered on the same day, the
remains would be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed ove r the
excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be posted outside of working hours. The Tribe would make every effort to recommend diverting the project and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that burials would be removed.
E. In the event preservation in place is not possible despite good faith efforts by the project applicant/developer and/or landowner, before ground-disturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects.
F. Each occurrence of human remains and associated
funerary objects would be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony would
be removed to a secure
container on site if possible. These items should be retained and reburi ed within six months of recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between the Tribe and the landowner
MITIGATION MONITORING AND REPORTING PROGRAM
PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 17
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.
Date: March 6, 2023
Mitigation Measure No. / Implementing Action
Responsible
for
Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
Non-
Compliance
at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.
G. The Tribe would work closely with the project’s qualified archaeologist to ensure that the excavation is treated
carefully, ethically and respectfully. If data recovery is approved by the Tribe, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery data recovery -related forms of documentation shall be approved in advance by the Tribe. If any data recovery is performed, once complete, a final report shall be submitted to the Tribe and the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains.
MITIGATION MONITORING AND REPORTING PROGRAM
PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 18
STANDARD CONDITIONS
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.
Date: March 8, 2023
Standard Condition / Implementing Action
Responsible
for Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
Non-
Compliance
HYDROLOGY AND WATER QUALITY
STANDARD CONDITION HYD-1: Prior to commencement
of construction activities, the Applicant shall obtain
coverage under the National Pollutant Discharge
Elimination System (NPDES) General Permit for Storm
Water Discharges Associated with Construction and Land
Disturbance Activities (Construction General Permit),
(Santa Ana Regional Water Quality Control Board Order
Number R8 -2010-
0033, National Pollutant Discharge
Elimination System Permit No. CAS618033, as amended),
or any other subsequent permit. This shall include
submission of Permit Registration Documents, including
permit application fees, a Notice of Intent, a risk
assessment, a site plan, a Storm Water Pollution
Prevention Pl an (SWPPP), a signed certification
statement, and any other compliance-r elated documents
required by the permit, to the State Water Resources
Control Board via the Stormwater Multiple Application
and Report Tracking System (SMARTS). Construction
activities shall not commence until a Waste Discharge
Identification Number is obtained for the proposed
project from the SMARTS and provided to the C ity of
Chino Engineer/Public Works Director, or designee, to
demonstrate that coverage under the Construction
General Permit has been obtained.
The Final SWPPP shall be prepared by a qualified SWPPP
Developer in accordance with the requirements of the
Construction General Permit. Requirements include Best
Director of the
City of Chino
Public Works
Department, or
designee.
Prior to construction.
Evidence to the City a
Waste Discharge
Identification Number
(WDID) is obtained for the
project from the SMARTS.
Withhold
grading permit
and/or issuance
of a stop work
order.
MITIGATION MONITORING AND REPORTING PROGRAM
PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 19
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.
Date: March 8, 2023
Standard Condition / Implementing Action
Responsible
for Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
Non-
Compliance
Management Practices (BMPs) for erosion and sediment
control, site management/ housekeeping/ waste
management, management of non -storm water
discharges, run -on and runoff controls, and BMP
inspection/maintenance/ repair activities. BMP
implementation shall be consist ent with the BMP
requirements in the most recent version of the California Stormwater Quality Association ’s Stormwater Best
Management Handbook-Construction.
The Final SWPPP shall include a construction site
monitoring program that identifies requirements for dry weather visual observations of pollutants at all discharge locations and, as appropriate (depending on the Risk
Level), sampling of the site effluent and receiving waters.
A Qualified SWPPP Practitioner shall be responsible for implementing the BMPs at the site and performing all
required monitoring and inspection/maintenance/repair
activities.
STANDARD CONDITION HYD-2: The project applicant
shall comply with the Santa Ana Regional Water Quality
Control Board Storm Water permit requirements,
including the Chapter 13.25 (Stormwater Drainage
System Regulations) of the Chino Municipal Code. The
project applicant shall prepare and implement a Final
Water Quality Management Plan (FWQMP) for the
project. The FWQMP shall include submission to the
State Water Resources Control Board via the Stormwater
Multiple Application and Report Tracking System
(SMARTS). Construction activities shall not commence
until a Waste Discharge Identification Number is
obtained for the proposed project from the SMARTS and
Director of the
City of Chino
Public Works
Department, or
designee
Prior to the issuance of
building permit.
Submittal to City of a
Final Water Quality
Management Plan (Final
WQMP), and a Waste
Discharge Identification
Number (WDID) is
obtained for the project
from the SMARTS.
Withhold
building permit.
MITIGATION MONITORING AND REPORTING PROGRAM
PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 20
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.
Date: March 8, 2023
Standard Condition / Implementing Action
Responsible
for Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
Non-
Compliance
provided to the C ity of Chino Engineer/Public Works
Director, or designee, to demonstrate that coverage
under the Construction General Permit has been
obtained. The FWQMP would act as the overall program
document designed to provide measures to mitigate
potential water quality impacts associated with the
operation of the proposed project. At a minimum, the
FWQMP for the project shall include:
• An inventory and accounting of existing and proposed
impervious areas.
• Low Impact Development (LID) design details
incorporated into the project. Specific LID design may
include, but is not limited to using pervious
pavements and green roofs, dispersing runoff to
landscaped areas, and/or routing runoff to the storm
water detention/retention chamber system that
would be developed on site as part of the project
design.
• Measures to address potential storm water
contaminants. These may include measures to cover
or control potential sources of storm water pollutants
at the project site.
A Final Storm Water Facility Operation and Maintenance
Plan for the project site, which shall include periodic inspection and maintenance of the storm water drainage
system. Persons responsible for performing and funding
the requirements of this plan shall be identified. This plan must be finalized prior to issuance of building permits for the project.
MITIGATION MONITORING AND REPORTING PROGRAM
PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT SITE AND EAST END ANNEXATION PROJECT Mitigation Monitoring and Reporting Program 21
Project Name: Philadelphia Street Industrial Development Site and East End Annexation Project Applicant: Golden Management Services, Inc.
Date: March 8, 2023
Standard Condition / Implementing Action
Responsible
for Monitoring Timing of Verification Method of Verification Verified
Date/
Initials
Sanctions for
Non-
Compliance
TRANSPORTATION
STANDARD CONDITION T-1: The project applicant shall
pay the fair-share amount of 0.33 percent as identified in the Traffic Study for the project to install a four -way traffic signal, design for a two -phase operation, and
stripe crosswalks on all legs at the East End Avenue and Walnut Avenue intersection. The specific design shall be approved by the City Engineer in the final engineering
phase.
City Engineer. Prior to issuance of occupancy
permit.
Evidence to City of
payment of 0.33 percent
fair share for a four-way
traffic signal, design for a
two-phase operation, and
stripe crosswalks on all
legs at the East End
Avenue and Walnut
Avenue intersection.
Withhold
occupancy
permit.
STANDARD CONDITION T-2: The project applicant shall
pay the fair-share amount of 0.54 percent as identified in the Traffic Study for the project to install a four -way traffic signal, design for a two -phase operation, and
stripe crosswalks on all legs at the Ea st End Avenue and Francis Avenue intersection. The specific design shall be approved by the City Engineer in the final engineering
phase.
City Engineer. Prior to issuance of occupancy
permit.
Evidence to City of
payment of 0.54 percent
fair share for a four-way
traffic signal, design for a
two-phase operation, and
stripe crosswalks on all
legs at the East End
Avenue and Francis
Avenue intersection.
Withhold
occupancy
permit.