CITY OF COVINA
CONDITIONS OF APPROVAL
PCD21-2, VTPM 84397, CUP21-29, SPR21-160
17. The Applicant shall install sewer improvements for the proposed Project in accordance with City Standards and to the satisfaction of the City Engineer.
18. Prior to issuance of any building permits, the Applicant shall pay any required sewer connection fees to the City of Covina and to Los Angeles County Department of Public Works, Sewer Maintenance District.
19. Prior to issuance of any building permits, the Applicant shall verify that the proposed project has been annexed into the Los Angeles County Sanitation District.
20. The Applicant shall install water improvements for the proposed Project in accordance with City Standards and to the satisfaction of the City Engineer and the Water Department.
21. The applicant shall install fire water improvements for the proposed project in accordance with City and Fire Department standards and to the satisfaction of the City Engineer and the Water Department.
22. The Project shall be annexed into the City’s existing Landscape District and Lighting Districts, which shall be completed prior to recordation of the Parcel Map.
23. The Applicant shall obtain a Demolition Permit from the Building and Safety Department prior to removing any existing structure on the property.
24. The Applicant shall submit a signed certification statement declaring that the contractor will comply with Minimum Best Management Practices (BMPs) required by the MS4 permit for Los Angeles County as mandated by the National Pollutant Discharge Elimination System (NPDES). Additionally, all projects within this category will require the preparation and submittal by the Applicant/Developer a local Stormwater Pollution Prevention Plan/Wet Weather Erosion Control Plan. The project proponent is ultimately responsible to comply with all requirements of the MS4 permit, which the City of Covina enforces. The City of Covina has the authority to enter the project site, review the local SWPPP/WWECP and require modifications and subsequent implementation to the local SWPPP/WWECP in order to prevent polluted runoff from leaving the project site onto private or public property. In order to manage storm water drainage during construction, one or more of the following measures shall be implemented to prevent flooding of adjacent property, prevent erosion and retain soil runoff on the site:
a. Retention basins of sufficient size shall be utilized to retain storm water on the site. (BMP SE-2, Sedimentation Basin)
b. Where storm water is conveyed to a public drainage system, collection point, gutter, or similar disposal method, water shall be filtered by use of a barrier system, wattle, or other method approved by the enforcing agency. (BMPs SE-1, Silt Fence; SE-5, Fiber Rolls; SE-6, Gravel Bag Berm)
CITY OF COVINA
CONDITIONS OF APPROVAL
PCD21-2, VTPM 84397, CUP21-29, SPR21-160
25. Prior to commencement of any grading activity on-site, the applicant shall retain a qualified paleontologist, subject to the review and approval of the City’s Building Official, or designee. In the event that paleontological resources (e.g., fossils) are unearthed during grading, the paleontology monitor will temporarily halt and/or divert grading activity to allow recovery of paleontological resources. The area of discovery will be roped off with a 50- foot radius buffer. Once documentation and collection of the find is completed, the monitor will remove the rope and allow grading to recommence in the area of the find. The paleontologist shall prepare a Paleontological Resources Impact Mitigation Program (PRIMP) for the proposed project. The PRIMP shall be consistent with the guidelines of the Society of Vertebrate Paleontology (SVP).
26. All construction equipment to be equipped with properly operating and maintained mufflers, stationary construction equipment to be located so that emitted noise is directed away from the nearest noise‐sensitive receptors, equipment staging to be located in areas farthest away from sensitive receptors, and haul truck deliveries to be limited to the same hours specified for construction equipment (7:00 a.m.–8:00 p.m.
Monday through Saturday, with no activity allowed on Sundays or public holidays).
I. PUBLIC WORKS – WATER SERVICES DIVISION AT (626) 384-5232, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. As part of the development, the developer will need to make needed water improvements and upsizing to existing water mains in the vicinity, such as; a. Azusa Ave from San Bernardino Rd heading NORTH to SCRRA Railroad from 10” to 12” & Glentana St from Azusa Ave heading EAST until end of street from 6” to 8”
2. Include drawings to show DOMESTIC, FIRE-LINES and IRRIGATION water service connections that are to be installed.
J. PUBLIC WORKS – ENVIRONMENTAL SERVICES DIVISION AT 626-384-5480, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. The project will redevelop over 10,000 square feet and will require storm water capture. A LID Plan is required, and must be approved by the City prior to the issuance of a grading permit. The LID Plan will be reviewed by the City’s storm water consultant, John L. Hunter & Associates. A LID review fee of $2,000 will apply.
2. C&D – 75% of construction and demolition debris must be recycled, per City Ordinance No. 18-
03. Forms and a security deposit will be required prior to the issuance of a demolition permit.
THE FOLLOWING COMMENTS SHALL BE ADDRESSED AS A PART OF THE FINAL LID PLAN:
3. Section 3.1 – See comments below:
CITY OF COVINA
CONDITIONS OF APPROVAL
PCD21-2, VTPM 84397, CUP21-29, SPR21-160
a) A Torrent Maxwell drywell is provided on the LID Site Map. Manufacturer sizing calculations shall be provided demonstrating the drywell is sized to treat the entire SWQDV of the project. The MS4 Permit and LA County LID Standards Manual do not allow for a 3-hour infiltration volume.
b) Revise the drywell sizing calculations to list a radius of 3 ft.
4. LID Site Map – See comments below:
a) Clarify the response to comments. The response to comments states that the storage tank is intended to temporarily hold treated water. The calculations in section 3.1 indicate that the drywell does not have sufficient capacity to store the SWQDV; therefore, the storage tank is proposed to supplement storage of the remaining volume. If this is the case, invert elevations will need to be provided at all points of connection to ensure the design complies with the Permit and ensures full treatment of the SWQDV. b) The cross-section of the hydrodynamic separator calls out a 10” connection the storage tank. However, this connection is not called out on plan view. c) Clarify how runoff from the parking spaces adjacent to the public alley will be treated. The Permit requires full retention of onsite flows. It is understood the LID BMPs are sized to treat the SWQDV; however, an equivalency approach is not a compliance option in the MS4 Permit.
d) Clarify how runoff from the driveway area (between the trench drain and the sidewalk ROW) will be treated. The contour lines indicate runoff west of the trench drain will not be treated. The Permit requires full retention of onsite flows.
K. POLICE DEPARTMENT AT 626-384-5623, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Security shall be present during nighttime hours, 7 days a week. Security shall have a Private Patrol Operator’s Permit (PPO) obtained through the Police Department in addition to obtaining a Covina Business License, prior to commencing work.
2. When applicable, the owner or operator shall contract with a security company for security personnel or hire security personnel as employees.
a) If the owner or operator chooses to hire a security company, the security company must be licensed to operate in both the State of California and the City of Covina.
Additionally, all employees who are assigned to work the premises must be licensed by the State of California as security guards and be in good standing throughout their time of employment.
b) In the event the owner or operator or manager provide their own security personnel, all personnel must be employed only as security personnel and not have other responsibilities while acting in that capacity. Additionally, all employees acting as security personnel must be licensed and in good standing with the State of California through their time of employment.
3. The Police Department may, after meeting with owners or managers of the establishment, increase the number of required security personnel for planned events or incidents where the police department determines that the number of on-duty security personnel is deficient.
CITY OF COVINA
CONDITIONS OF APPROVAL
PCD21-2, VTPM 84397, CUP21-29, SPR21-160
4. At no time will any security personnel, whether employed by a private company or licensed by the City or employed by the establishment, be armed with any type of firearm.
5. Exterior lighting to include: parking lot light fixtures and wall mounted light fixtures shall be of LED. Detailed plans to show compliance shall be submitted to Police Department and Planning Division for review and approval, prior to issuance of permit and prior to installation. The condition of approval shall be accomplished on or before opening. LED lighting to be installed on exterior elevations. The 6ft parking lot block wall shall also be illuminated to deter criminal activity in and near guests’ vehicles.
6. The exterior trash enclosure shall be secured and illuminated to prevent criminal activity.
7. Wayfinding signage shall be provided and submitted to Police Department and Planning Division for review and approval. Wayfinding signage shall have lighting as well. The condition of approval shall be accomplished on or before opening.
8. Signage stating vehicle code is enforceable must be posted at all entrances so that guests/visitors are aware of what will be enforced on the property. Police Department to review signage. The condition of approval shall be accomplished on or before opening.
9. Hotel management (personnel and/or staff) must provide law enforcement personnel a copy of past and present guests’ Driver’s License or Identification Card and registered vehicle information upon request. This condition is effective immediately and on-going.
10. Hotel management (personnel and/or staff) must notify law enforcement personnel of any suspected criminal activity or medical emergencies that take place on the property. This information can be provided to Police Dispatch at (626) 384-5808. This condition is effective immediately and on-going.
11. Hotel guests shall register their vehicle(s) with Hotel personnel and/or staff upon registration.
The guests’ vehicles must have notification visible in the dashboard stating an easily identifiable check out date. This requirement applies to third party bookings, online bookings, cash paying guests, and extended stays. This condition is effective immediately and on-going.
12. Hotel management (personnel and/or staff) must utilize a thumb print reader as part of the check in process. The thumb print is required of the primary adult guest, who is checking in/and or has a debit/credit card on file for room transactions. These files will be maintained for a minimum period of 60 days. This will assist is deterring fraudulent transactions, and assist law enforcement personnel to identify individuals involved in criminal activity at the hotel.
13. The owners, operators, managers and all employees shall adhere to and obey all State laws and City ordinances relating to the service, consumption and possession of alcoholic beverages. Any violations of State laws or City ordinance will be presented to the District Attorney's office for prosecution and will be grounds for revocation or modification of this permit.
14. The permittee and the operator of any business at the premises shall install, use, and maintain in good working condition a video security system capable of viewing and recording events at the premises as approved by the Chief of Police. The video security system shall be on and operating
CITY OF COVINA
CONDITIONS OF APPROVAL
PCD21-2, VTPM 84397, CUP21-29, SPR21-160
at all times by common areas, such as: entrances and exits, hallways, check in areas, waiting areas, dining areas, exercise rooms, elevators, stairwells, outdoor patios, and parking areas. The parking area shall have no less than six cameras to adequately capture the lot. The video security system shall be of such to provide images of such a resolution as to clearly identify individuals for later identification. Security systems could deter and prevent public nuisances. Installation and approval shall occur prior to the release of the occupancy or approval of business license.
15. The permittee and the operator of any business at the premises shall ensure that at least one employee or other person is present on the premises during normal business hours with the necessary knowledge and skill to operate the video security system so that he or she is able to provide the Covina Police Department copies of video recordings immediately upon request.
16. The permittee and the operator of any business at the premises shall preserve the video security system’s recorded information of each business day for a period of not less than thirty (30) business days thereafter for the Covina Police Department’s review in connection with a criminal or other investigation.
17. The owners, operators, or managers shall, subject to approval of the Police Department, develop a plan to monitor the area surrounding the location for trash and other discarded items that impact public health and to maintain the cleanliness of the parking lots, sidewalks, and the property of adjacent business owners.
18. The owners, operators, or managers shall, subject to approval of the Police Department, develop a plan to ensure that all exterior locations are adequately and safely illuminated during hours of darkness.
19. The owners, operators, or managers shall ensure that all occupancy levels mandated by the Los Angeles County Fire Department and the Covina Building Division are strictly enforced and adhered to. At any time that the occupancy is in question, the Police Department Watch Commander can contact the Los Angeles County Fire Department and/or the Covina Building Division in order to determine if the occupancy level is over the allowed number of occupants.
20. The owners, operators, or managers must comply with all City codes and ordinances relating to police response and abatement nuisance conditions.
21. All landscaping should follow the two foot six foot rule. All landscaping should be ground cover, two feet or less and lower tree canopies should be at six feet. This increases natural surveillance and eliminates hiding areas within landscaping. Tree canopies should not interfere with or block the lighting along sidewalks or parking lots. This creates shadows and areas of concealment.
Planters will use plant species with limited growth. This is to insure that maintenance does not become an issue and surveillance from the building is maintained.
L. LOS ANGELES COUNTY FIRE DEPARTMENT, LAND DEVELOPMENT UNIT - CONTACT FPEA CLAUDIA SOIZA AT (323) 890-4243 OR AT
[email protected]
FINAL MAP REQUIREMENTS
CITY OF COVINA
CONDITIONS OF APPROVAL
PCD21-2, VTPM 84397, CUP21-29, SPR21-160
1. Access as noted on the Tentative shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires an allweather access surface to be clear to sky.
2. The Final Map shall be submitted for review and approval prior recordation.
3. The Private Driveway within this development showing as private driveways for access throughout the development shall be labeled as "Private Driveway” on the Final Map. The portion of the private driveway intended for fire apparatus access shall be identified as “Fire Lane" on the Final Map. All widths and dimensions shall be clearly delineated.
END OF CONDITIONS
MITIGATION MONITORING AND REPORT PROGRAM
ON NEXT PAGE
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October 2023 Mitigated Monitoring and Reporting Program 1 MITIGATION MONITORING AND REPORTING PROGRAM
1. Introduction
This Mitigation Monitoring and Reporting Program (MMRP) has been prepared in compliance with the requirements of Public Resources Code Section 21081.6 and State CEQA Guidelines Section 15074(d). Public Resources Code Section 21081.6 requires a Lead Agency to adopt a “reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.” State CEQA Guidelines Section 15074(d)requires that a public agency “adopt a program for reporting or monitoring on the changes which it has either required in the project or made a condition of approval to mitigate or avoid significant environmental effects.” The City of Covina is the Lead Agency for the Project and therefore is responsible for administering and implementing the MMRP. According to State CEQA Guidelines Section 15097, a public agency may also delegate reporting or monitoring responsibilities to another public agency or to a private entity which accepts the delegation; however, until mitigation measures have been completed the lead agency remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program.
A Mitigated Negative Declaration (MND) has been prepared to address the environmental impacts of the Project. The evaluation of impacts in the MND applies mitigation measures needed to avoid or reduce potentially significant environmental impacts. This MMRP is designed to monitor the implementation of mitigation measures identified for the Project.
2. Administrative Procedures and Enforcement
The MMRP shall be enforced throughout all phases of the Project. The Project applicant shall be responsible for implementing each mitigation measure and shall be obligated to provide certification to the appropriate monitoring and/or enforcement agency that each mitigation measure has been implemented. The Project applicant shall maintain records demonstrating compliance with each mitigation measure, and such records shall be made available to the City upon request.
3. Mitigation Monitoring and Reporting Program
Biological Resources
Mitigation Measure BIO-1: Initiation of construction activities (i.e., initial vegetation clearing) should avoid the migratory bird nesting season (February 15 through August 31), to reduce impacts to migratory birds that may be nesting on the Project site. If construction activities must be initiated during the migratory bird-nesting season, a pre-construction nesting bird survey should be conducted for by a qualified biologist within 3 days (72 hours) prior to the start of project construction activities to determine whether active nests are present within or directly adjacent to the construction zone, in accordance with the Migratory Bird Treaty Act.
If an active nest is found, the nest shall be flagged and mapped on the construction plans along with an appropriate no-work buffer, which will be determined by the biologist based on the species’
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October 2023 Mitigated Monitoring and Reporting Program 2 sensitivity to disturbance (typically 50 feet for common, urban-adapted species, 300 feet for other passerine species, and 500 feet for raptors and special-status species). A qualified biologist (with the ability to stop work) shall monitor the nest, and the buffers may be adjusted (including increases or reductions to the buffer) by the qualified biologist on a case-by-case basis taking into consideration the location, type, duration and timing, and severity of work, distance of nest from project activities, surrounding vegetation and line-of-sight between the nest and work areas, and the species’ site-specific level of habituation to the disturbance. The nest area shall be avoided until the nest is vacated and the juveniles have fledged. The nest area shall be demarcated in the field with flagging and stakes or construction fencing. A qualified biologist shall serve as a construction monitor during those periods when construction activities will occur near active nest areas to ensure that no inadvertent impacts on these nests occur. A brief memo report should be prepared by the qualified biologist to document the location of all nests found (if any), their status (i.e., eggs or hatchlings present), existing biological conditions of the project area, and the bird species detected during the survey.
o Enforcement Agency: City of Covina Community Development Department o Monitoring Agency: City of Covina Community Development Department o Monitoring Phase: Pre-construction; construction
o Monitoring Frequency: Once at Project plan check (inclusion in Project construction specifications and submittal of proof of retention of qualified biologist); Monitoring and buffer zones, if necessary, to be determined by qualified biologist and the City (at its discretion) will inspect such monitoring activities and buffer zones periodically during construction o Action(s) Indicating Compliance: Pre-construction nesting bird survey conducted by a qualified biologist; Submittal of compliance report by a qualified biologist
Cultural Resources (Archaeological Resources)
Mitigation Measure CUL-1: Archaeological Resources Inadvertent Discovery. In the event that cultural resources are unearthed during ground-disturbing activities, ground-disturbing activities must be halted or diverted away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet must be established around the find where construction activities cannot be allowed to continue until a qualified archaeologist examines the newly discovered resource(s) and evaluates the area of the find. Work may be allowed to continue outside of the buffer area. All archaeological resources unearthed by Project construction activities must be evaluated by a qualified professional archaeologist who meets the US Secretary of the Interior's Professional Qualifications Standards. If the resource appears to be significant, the qualified professional archaeologist, working under the direction of the lead agency and in coordination with Native American tribes and/or other stakeholders, will prepare an appropriate treatment plan for the resources. The plan may include implementation of archaeological data recovery excavations to address treatment of the resource(s) along with subsequent laboratory processing, analysis, and curation.
o Enforcement Agency: City of Covina Community Development Department o Monitoring Agency: City of Covina Community Development Department o Monitoring Phase: Construction
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October 2023 Mitigated Monitoring and Reporting Program 3 o Monitoring Frequency: Once at Project plan check (inclusion in Project construction specifications and submittal of proof of retention of qualified archaeologist); Monitoring to be determined by qualified archaeologist and the City (at its discretion) will inspect any monitoring activities periodically during construction
o Action(s) Indicating Compliance: Submittal of compliance report and treatment plan (as necessary) by a qualified archaeologist Geology and Soils (Paleontological Resources)
Mitigation Measure GEO-1: Paleontological Resources Inadvertent Discovery. Prior to commencement of any grading activity on-site, the applicant shall retain a qualified paleontologist, subject to the review and approval of the City’s Building Official, or designee. In the event that paleontological resources (e.g., fossils) are unearthed during grading, the paleontology monitor will temporarily halt and/or divert grading activity to allow recovery of paleontological resources.
The area of discovery will be roped off with a 50-foot radius buffer. Once documentation and collection of the find is completed, the monitor will remove the rope and allow grading to recommence in the area of the find. The paleontologist shall prepare a Paleontological Resources Impact Mitigation Program (PRIMP) for the proposed project. The PRIMP shall be consistent with the guidelines of the Society of Vertebrate Paleontology (SVP). o Enforcement Agency: City of Covina Community Development Department o Monitoring Agency: City of Covina Community Development Department o Monitoring Phase: Construction
o Monitoring Frequency: Once at Project plan check (inclusion in Project construction specifications and submittal of proof of retention of qualified paleontologist); Monitoring to be determined by qualified paleontologist and the City (at its discretion) will inspect any monitoring activities periodically during construction
o Action(s) Indicating Compliance: Submittal of compliance report and PRIMP (as necessary) by a qualified paleontologist.
Noise
Mitigation Measure NOI-1: To reduce noise impacts due to construction activities, the Project applicant shall demonstrate, to the satisfaction of the City of Covina Community Development Director, that the Project complies with the following:
Prior to approval of grading plans and/or issuance of building permits, Project plans and specifications shall include a note indicating that noise‐generating construction activities shall only occur between the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday, with no activity allowed on Sundays or public holidays, per Covina Noise Ordinance Section 9.40.110. The construction supervisor shall ensure compliance with the Project plans and specifications, and the City of Covina shall conduct periodic inspections, at its discretion.
Prior to initiation of construction, the contractor shall demonstrate to the City of Covina Community Development Director that equipment is properly muffled, shielded and
_____________________________________________________________________________________________ City of Covina Avid Hotel Project
October 2023 Mitigated Monitoring and Reporting Program 4 maintained. During all Project construction, the construction contractor shall ensure that power construction equipment (including combustion or electric engines), fixed or mobile, shall be equipped with noise shielding and muffling devices (consistent with manufacturers’ standards) during the entirety of construction of the proposed Project.
The combination of muffling devices and noise shielding shall be capable of reducing noise by at least 5 dBA from non-muffled and shielded noise levels. All equipment shall be properly maintained to ensure that no additional noise, due to worn or improperly maintained parts, would be generated.
The construction contractor shall locate equipment staging in areas that would create the greatest distance between construction‐related noise sources and noise‐sensitive receivers nearest to the Project Site during all construction activities. o Enforcement Agency: City of Covina Community Development Department o Monitoring Agency: City of Covina Community Development Department o Monitoring Phase: Pre-construction; Construction
o Monitoring Frequency: Prior to approval of grading plans and/or issuance of building permits; Periodic inspections by the City (at its discretion) during construction
o Action(s) Indicating Compliance: Submittal of plans indicating that noise‐ generating construction activities shall only occur between the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday, with no activity allowed on Sundays or public holidays, per Covina Noise Ordinance Section 9.40.110; Provision of equipment that is properly muffled, shielded and maintained; Supervision by construction supervisor
Tribal Cultural Resources
Mitigation Measure TCR-1: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities
A. The Project applicant 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 the Project Site. “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 Project applicant 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.
C. The monitor will complete daily monitoring logs that will 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 will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc.,
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October 2023 Mitigated Monitoring and Reporting Program 5 (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project applicant 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 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 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 TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes.
o Enforcement Agency: City of Covina Community Development Department o Monitoring Agency: City of Covina Community Development Department o Monitoring Phase: Construction
o Monitoring Frequency: Daily during ground-disturbing activities by Native American Monitor
o Action(s) Indicating Compliance: Retention of Native American Monitor by project applicant and submittal of executed monitoring agreement; Daily monitoring logs; Written confirmation to Kizh Nation stating completion of ground-disturbing activities, or determination and written notification by Kizh Nation to the Project applicant that no future, planned construction activity and/or development/construction phase at the Project Site possesses the potential to impact Kizh TCRs
Mitigation Measure TCR-2: Unanticipated Discovery of Human Remains and Associated Funerary Objects
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. Funerary 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 the 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
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October 2023 Mitigated Monitoring and Reporting Program 6 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 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.
o Enforcement Agency: City of Covina Community Development Department o Monitoring Agency: City of Covina Community Development Department o Monitoring Phase: Construction
o Monitoring Frequency: Upon discovery of human remains o Action(s) Indicating Compliance: Reporting of discoveries to the County Coroner; Construction continued at a 200-foot buffer from discovery; Preservation in place; Curation or offering of verified material Mitigation Measure TCR-3: Procedures for Burials and Funerary Remains 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 the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered
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October 2023 Mitigated Monitoring and Reporting Program 7 as associated funerary objects. Cremations will 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 will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over 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 will 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 will 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 will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible.
These items should be retained and reburied 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 at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.
G. The Tribe will 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-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.
o Enforcement Agency: City of Covina Community Development Department o Monitoring Agency: City of Covina Community Development Department o Monitoring Phase: Construction
o Monitoring Frequency: Upon discovery of human remains of Native American origin
o Action(s) Indicating Compliance: Designation of cemetery and a separate treatment plan, preservation in place, or reburial/repatriation of human remains; Documentation of data recovery and final report submittal to Tribe and NAHC;