EXHIBIT B- MITIGATION MONITORING AND REPORTING PROGRAM
Attachment 3
Hesperia Commerce Center II
Mitigation Monitoring and
Reporting Program
MARCH 2022
Prepared for:
CITY OF HESPERIA PLANNING DEPARTMENT
9700 Seventh Avenue
Hesperia, California 92645
Contact: Ryan Leonard, Senior Planner
Prepared by:
605 Third Street
Encinitas, California 92024
Contact: Carey Fernandes
[email protected]
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Table of Contents
SECTION PAGE NO.
1 Introduction .......................................................................................................................................................... 1 2 Mitigation Monitoring and Reporting Program Table ......................................................................................... 3 TABLES
1 Mitigation Monitoring and Reporting Program Table ......................................................................................... 3
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1 Introduction
California Public Resources Code Section 21081.6 requires that, upon certification of an Environmental Impact Report, “the public agency shall 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 enviro nment. The reporting or monitoring program shall be designed to ensure compliance during project implementation.”1 This Mitigation Monitoring and Reporting Program (MMRP) was developed in compliance with Section 21081.6 of the California Public Resources Code and Section 15097 of the California Environmental Quality Act Guidelines, 2 and includes the following information:
▪ A list of mitigation measures
▪ The timing for implementation of the mitigation measures ▪ The party responsible for implementing or monitoring the mitigation measures ▪ The date of completion of monitoring
The City of Hesperia must adopt this MMRP, or an equally effective program, if it approves the proposed Hesperia Commerce Center II Project (Project) with the mitigation measures that were adopted or made conditions of Project approval.
1 California Public Resources Code, Section 21000–21177. California Environmental Quality Act, as amended. 2 14 CCR 15000–15387 and Appendices A–L. Guidelines for Implementation of the California Environmental Quality Act, as amended.
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2 Mitigation Monitoring and Reporting Program Table
Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
Aesthetics
MM-AES-1: Project buildings and elements shall include colors and tones that mimic the natural desert environment. The Project applicant shall present to the City of Hesperia a materials board showing the proposed building color palette for review and approval prior to issuance of the first building permit. City staff shall review the color palette to ensure that the selected colors and tones largely conform to those colors and tones already found in the surrounding natural desert landscape. The color palette, along with the Project design as a whole, shall also be reviewed to assure conformance with the development standards of the Hesperia Municipal Code and the Main Street and Freeway Corridor Specific Plan in order to promote the visual character and quality of the surrounding area.
Prior to issuance of the first
building permit
City of Hesperia
Air Quality
MM-AQ-1: The Project shall utilize “Super-Compliant” low VOC paints which have been reformulated to exceed the regulatory VOC limits put forth by MDAQMD’s Rule 1113. Super-Compliant low VOC paints shall be no more than 10 grams per liter (g/L) of VOC. Alternatively, the Project Applicant may utilize tilt-up concrete buildings that do not require the use of architectural coatings.
During construction and during
Project operation
City of Hesperia
MM-AQ-2: The Project shall implement the following measures in order to reduce construction air pollutant emissions to the extent feasible:
▪ Ensure the cleanest possible construction practices and equipment are used. This includes eliminating the idling of diesel- powered equipment and providing the necessary infrastructure (e.g., electrical hookups) to support zero and near-zero emission equipment and tools.
▪ Implement, and plan accordingly for, the necessary infrastructure to support the zero and near-zero emission technology, vehicles, and equipment that will be operating onsite. Necessary
Prior to and during construction City of Hesperia
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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
infrastructure may include the physical (e.g. needed footprint), energy, and fueling infrastructure for construction equipment, onsite vehicles and equipment, and medium-heavy and heavy- heavy duty trucks.
MM-AQ-3: The Project shall include the following language within construction contracts in order to reduce construction air pollutant emissions to the extent feasible:
▪ All off-road diesel-powered equipment used during construction shall be equipped with Tier 4 or cleaner engines. If the operator lacks Tier 4 equipment, and it is not available for lease or short- term rental within 50 miles of the project site, Tier 3 or cleaner off- road construction equipment may be utilized subject to County approval.
▪ Heavy-duty trucks entering the construction site during grading and building construction phases should be model year 2014 or later. All heavy-duty trucks should also meet CARB’s lowest optional low oxides of nitrogen (NOx) standard starting in the year 2022.3
▪ All construction equipment and fleets shall be in compliance with all current air quality regulations.
Prior to and during construction City of Hesperia
MM-AQ-4: The Project shall implement the following measures in order to reduce operational air pollutant emissions to the extent feasible:
▪ Only haul trucks meeting model year 2010 engine emission standards shall be used for the on-road transport of materials to and from the Project site.
▪ Legible, durable, weather-proof signs shall be placed at truck access gates, loading docks, and truck parking areas that identify applicable California Air Resources Board (CARB) anti-idling During occupancy City of Hesperia
3 In 2013, CARB adopted optional low-NOx emission standards for on-road heavy-duty engines. CARB encourages engine manufacturers to introduce technologies to reduce NOx emissions below the current mandator y on-road heavy-duty diesel engine emission standards for model year 2010 and later. CARB’s optional low -NOx emission standard is available at: https://ww2.arb.ca.gov/our-work/programs/optional-reduced-nox-standards.
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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
regulations. At a minimum, each sign shall include: 1) instructions for truck drivers to shut off engines when not in use; 2) instructions for drivers of diesel trucks to restrict idling to no more than 5 minutes once the vehicle is stopped, the transmission is set to "neutral" or "park," and the parking brake is engaged; and 3) telephone numbers of the building facilities manager and the CARB to report violations. Prior to the issuance of an occupancy permit, the City of Hesperia shall conduct a site inspection to ensure that the signs are in place.
▪ Prior to tenant occupancy, the Project Applicant or successor in interest shall provide documentation to the City of Hesperia demonstrating that occupants/tenants of the Project site have been provided documentation on funding opportunities, such as the Carl Moyer Program, that provide incentives for using cleaner- than-required engines and equipment.
▪ Automobile electric vehicle (EV) charging stations with Level 2 or faster chargers shall be provided. The number of EV charging stations shall equal at least 25% employee parking spots. ▪ In addition, the buildings shall include electrical infrastructure sufficiently sized to accommodate the potential installation of additional auto and truck EV charging stations in the future. ▪ Conduit shall be installed to tractor trailer parking areas in logical locations determined by the Project Applicant during construction document plan check, for the purpose of accommodating the future installation of EV truck charging stations at such time this technology becomes commercially available.
▪ The Project shall include rooftop solar panels for each proposed warehouse to the extent feasible, with a capacity that matches the maximum allowed for distributed solar connections to the grid. The Project Applicant or successor in interest shall maintain, replace, and upgrade the solar panels per manufacturers recommendations through the life of the Project. Should the capacity for solar
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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
connections increase, additional solar panels shall be added to the Project.
MM-AQ-5: The Project shall include the following language within tenant lease agreements in order to reduce operational air pollutant emissions to the extent feasible:
▪ Require tenants to use the cleanest technologies available, and to provide the necessary infrastructure to support zero-emission vehicles and equipment that would be operating on site. ▪ Require future tenants to exclusively use zero-emission light and medium-duty delivery trucks and vans, when economically feasible.
▪ Tenants shall be in, and monitor compliance with, all current air quality regulations for on-road trucks including CARB’s Heavy-Duty (Tractor-Trailer) Greenhouse Gas Regulation4, Periodic Smoke Inspection Program (PSIP)5, and the Statewide Truck and Bus Regulation6.
Prior to occupancy City of Hesperia
MM-AQ-6: Low-VOC/Green Cleaning Product Educational Program.
Prior to the occupancy of any on-site development, the Applicant or its designee shall provide evidence to the City of Hesperia that the Applicant/phase developer has developed a Green Cleaning Product and Paint education program to be made available at rental offices, leasing spaces, and/or on websites.
Prior to occupancy City of Hesperia
4 In December 2008, CARB adopted a reg ulation to reduce greenhouse gas emissions by improving the fuel efficiency of heavy -duty tractors that pull 53 -foot or longer box -type trailers. The regulation applies primarily to owners of 53-foot or longer box-type trailers, including both dry-van and refrigerated-van trailers, and owners of the heavy-duty tractors that pull them on California highways. CARB’s Heavy-Duty (Tractor-Trailer) Greenhouse Gas Regulation is available at: https://www.arb.ca.gov/cc/hdghg/hdghg.htm. 5 The PSIP program requires t hat diesel and bus fleet owners conduct annual smoke opacity inspections of their vehicles and repair those with excessive sm oke emissions to ensure compliance. CARB’s PSIP program is available at: https://www.arb.ca.gov/enf/hdvip/hdvip.htm. 6 The regulation requires that newer heavier trucks and buses must meet particulate matter filter requirements beginning January 1, 2012. Lighter and older heavier trucks must be replaced starting January 1, 2015. By January 1, 2023, nearly all trucks and buses will need to have 2010 model year engines or equivalent. CARB’s Statewide Truck and Bus Regulation is available at: https://www.arb.ca.gov/msprog/onrdiesel/onrdiesel.htm.
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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
Biological Resources
MM-BIO-1: Conservation of Western Joshua Tree Lands. Mitigation for direct impacts to western Joshua trees will be fulfilled through conservation of western Joshua trees at a 1:1 habitat replacement of equal or better functions and values to those impacted by the project.
Mitigation can be through purchases of credits at a CDFW-approved mitigation bank for western Joshua tree or through conservation lands that meet the functions and values criteria.
If mitigation is not purchased through a mitigation bank and lands are conserved separately, a cost estimate will be prepared to estimate the initial start-up costs, and ongoing annual costs, of management activities for the management of the conservation easement(s) area in perpetuity. The funding source will be in the form of an endowment to help the qualified natural lands management entity that is ultimately selected to hold the conservation easement(s). The endowment amount will be established following the completion of a project- specific Property Analysis Record (PAR) to calculate the costs of in perpetuity land management. The PAR will take into account all of the management activities required in the ITP to fulfill the requirements of the conservation easement(s), which are currently in review and development.
Additionally, no take of western Joshua tree will occur without authorization from CDFW in the form of an Incidental Take Permit pursuant to Fish and Game Code 2081. The applicant will adhere to measures and conditions set forth within the Incidental Take Permit.
Prior to issuance of grading
permits
City of Hesperia
MM-BIO-2: Relocation of Desert Native Plants. Prior to the issuance of grading permits, the Project Applicant shall submit an application and applicable fee paid to the City of Hesperia for removal or relocation of protected native desert plants under Hesperia Municipal Code Chapter
16.24 as required and schedule a pre-construction site inspection with the Planning Division and the Building Division. The application shall include certification from a qualified Joshua tree and native Prior to issuance of grading
permits
City of Hesperia
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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
desert plant expert(s) to determine that proposed removal or relocation of protected native desert plants are appropriate, supportive of a healthy environment, and in compliance with the City of Hesperia Municipal Code. Protected plants subject to Hesperia Municipal Code Chapter 16.24 may be relocated on-site, or within an area designated as an area for species to be adopted later.
The application shall include a detailed plan for removal of all protected plants on the Project site. The plan shall be prepared by a qualified Joshua tree and native desert plant expert(s). The plan shall include, but not be limited to, the following measures:
▪ Salvaged plants shall be transplanted expeditiously to either their final on-site location, or to an approved off-site area. If the plants cannot be expeditiously taken to their permanent relocation area at the time of excavation, they may be transplanted in a temporary area (stockpiled) prior to being moved to their permanent relocation site(s).
▪ Western Joshua trees shall be marked on their north facing side prior to excavation. Transplanted western Joshua trees shall be planted in the same orientation as they currently occur on the Project site, with the marking on the north side of the trees facing north at the relocation site(s).
▪ Transplanted plants shall be watered prior to and at the time of transplantation. The schedule of watering shall be determined by the qualified tree expert and desert native plant expert(s) to maintain plant health. Watering of the transplanted plants shall continue under the guidance of qualified tree expert and desert native plant expert(s) until it has been determined that the transplants have become established in the permanent relocation site(s) and no longer require supplemental watering.
MM-BIO-3: Designated Biologist Authority. The Designated Biologist shall have authority to immediately stop any activity that does not comply with the biological resources mitigation measures and/or to During construction City of Hesperia
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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
order any reasonable measure to avoid the unauthorized take of an individual western Joshua tree.
MM-BIO-4: Compliance Monitoring. The Designated Biologist shall be on site daily when impacts occur. The Designated Biologist shall conduct compliance inspections to minimize incidental take of western Joshua trees and impacts to other sensitive biological resources; prevent unlawful take of western Joshua trees; and ensure that signs, stakes, and fencing are intact, and that impacts are only occurring within the permitted impact footprint. Weekly written observation and inspection records that summarize oversight activities and compliance inspections and monitoring activities required by the Incidental Take Permit shall be prepared.
During construction City of Hesperia
MM-BIO-5: Education Program An education program (Worker Environmental Awareness Program [WEAP]) for all persons employed or otherwise working in the Project area shall be administered before performing impacts. The WEAP shall consist of a presentation from the Designated Biologist that includes a discussion of the biology and status of western Joshua tree, burrowing owl, and loggerhead shrike; and other biological resources mitigation measures described in the CEQA document. Interpretation for non-English-speaking workers will be provided, and the same instruction shall be provided to any new workers before they are authorized to perform work in the Project area. Upon completion of the WEAP, employees shall sign a form stating they attended the program and understand all protection measures. This training shall be repeated at least once annually for long-term and/or permanent employees who will be conducting work in the Project area.
After issuance of grading permits;
prior to vegetation clearing
activities
City of Hesperia
MM-BIO-6: Construction Monitoring Notebook. The Designated Biologist shall maintain a construction-monitoring notebook on site throughout the construction period, which shall include a copy of the biological resources mitigation measures with attachments and a list of signatures of all personnel who have successfully completed the During construction City of Hesperia
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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
education program. The permittee shall ensure that a copy of the construction monitoring notebook is available for review at the Project site upon request by the California Department of Fish and Wildlife.
MM-BIO-7: Delineation of Property Boundaries. Before beginning activities that would cause impacts, the contractor shall, in consultation with the Designated Biologist, clearly delineate the boundaries, consistent with the grading plan, within which the impacts will take place with fencing, stakes, or flags. All impacts within the fenced, staked, or flagged areas shall be avoided and all fencing, stakes, and flags shall be maintained until the completion of impacts in that area.
Prior to vegetation clearing City of Hesperia
MM-BIO-8: Hazardous Waste. The Project Applicant shall immediately stop work and, pursuant to pertinent state and federal statutes and regulations, arrange for repair and clean up by qualified individuals of any fuel or hazardous waste leaks or spills at the time of occurrence, or as soon as it is safe to do so.
During construction (if applicable) City of Hesperia
MM-BIO-9: Herbicides. The Project Applicant shall limit herbicide use for invasive plant species and shall use herbicides only it has been determined that hand or mechanical efforts are infeasible. To prevent drift, the permittee shall apply herbicides only when wind speeds are less than 7 miles per hour. All herbicide application shall be performed by a licensed applicator and in accordance with all applicable federal, state, and local laws and regulations.
During operation City of Hesperia
MM-BIO-10: Pre-Construction Surveys for Burrowing Owl and Avoidance. One pre‐construction burrowing owl clearance survey shall be completed no more than 14 days before initiation of site preparation or grading activities, and a second survey shall be completed within 24 hours of the start of site preparation or grading activities. If ground-disturbing activities are delayed or suspended for more than 30 days after the pre-construction surveys, the Project site shall be resurveyed. Surveys for burrowing owl shall be conducted in First Survey: At least 14 days prior
to site preparation or grading
activities
Second Survey: Within 24 hours to
the start of site preparation or
grading activities
City of Hesperia
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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
accordance with protocols established in the Staff Report on Burrowing Owl Mitigation (CDFW 2012) or current version.
If burrowing owls are detected, disturbance to burrows shall be avoided during the nesting season (February 1 through August 31).
Buffers will be established around occupied burrows in accordance with guidance provided in the Staff Report on Burrowing Owl Mitigation (CDFW 2012) or current version. No Project activities shall be allowed to encroach into established buffers without the consent of a monitoring biologist. The buffer shall remain in place until it is determined that occupied burrows have been vacated or the nesting season has completed.
Outside of the nesting season, passive owl relocation techniques approved by the California Department of Fish and Wildlife (CDFW) shall be implemented. Owls shall be excluded from burrows in the immediate Project area and within a buffer zone by installing one-way doors in burrow entrances. These doors will be placed at least 48 hours prior to ground-disturbing activities. Compensatory mitigation for permanent loss of owl habitat will be provided following the guidance in the Staff Report on Burrowing Owl Mitigation (CDFW 2012) or current version. The Project area shall be monitored daily for one week to confirm owl departure from burrows prior to any ground-disturbing activities.
Where possible, burrows will be excavated using hand tools and refilled to prevent reoccupation. Sections of flexible plastic pipe shall be inserted into the tunnels during excavation to maintain an escape route for any wildlife inside the burrow.
See Burrowing Owl Relocation Plan (Appendix D-10 of the Final EIR) for more details on avoidance buffers and relocation methods.
MM-BIO-11: Lighting. Lighting for construction activities and operations within 50 feet of the outside edge of the impact footprint containing habitat for special-status wildlife will be directed away from natural areas.
During construction City of Hesperia
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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
MM-BIO-12: Trash and Debris. The following avoidance and minimization measures shall be implemented during project construction.
(1) Fully covered trash receptacles that are animal-proof will be installed and used by the operator to contain all food, food scraps, food wrappers, beverage containers, and other miscellaneous trash. Trash contained within the receptacles will be removed at least once a week from the Project site.
(2) Construction work areas shall be kept clean of debris, such as cable, trash, and construction materials. All construction/contractor personnel shall collect all litter, vehicle fluids, and food waste from the Project site on a daily basis.
During construction City of Hesperia
MM-BIO-13: Restoration of Temporary Impacts. Site construction areas subjected to temporary ground disturbance shall be recontoured to natural grade (if the grade was modified during the temporary disturbance activity), and revegetated with an application of a native seed mix, if necessary, prior to or during seasonal rains to promote passive restoration of the area to pre-project conditions. An area subjected to “temporary” disturbance means any area that is disturbed but will not be subjected to further disturbance as part of the Project. This measure does not apply to areas that are disturbed habitat and urban/developed lands. Prior to seeding temporary ground disturbance areas, the Designated Biologist will review the seeding palette to ensure that no seeding of invasive plant species, as identified in the most recent version of the California Invasive Plant Inventory for the region, will occur.
After completion of work where
temporary ground disturbance will
occur (i.e., off-site utilities
alignments)
City of Hesperia
MM-BIO-14: Pre-Construction Survey for American Badger and Desert Kit Fox and Avoidance. A pre-construction survey for American badger and desert kit fox shall be conducted in suitable habitat areas on the Project site and Off-Site Utilities Alignments within 10 days prior to the start of construction to determine the presence/absence of either species. If either species is discovered during the survey, an American At least 10 days prior to the start
of construction
City of Hesperia
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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
Badger/Desert Kit Fox Mitigation and Monitoring Plan shall be developed as recommended by the California Department of Fish and Wildlife (CDFW) in their Notice of Preparation comment letter dated December 19, 2019. The Mitigation and Monitoring Plan shall include avoidance and minimization measures to reduce potential impacts to either species, as well as compensatory mitigation to offset direct or indirect impacts. The plan will be developed in consultation with CDFW. At a minimum, the plan shall:
▪ Identify pre-construction survey methods for American badger and desert kit fox
▪ Describe feasible pre-construction and construction-phase avoidance methods
▪ Describe pre-construction and construction-phase relocation methods, including the possibility for passive relocation ▪ For burrows that will not be impacted by the Project, identify an appropriate construction exclusion zones for both active and natal burrows
▪ Coordinate survey findings prior to and during construction to meet the information needs of wildlife health officials in monitoring the health of kit fox populations
MM-BIO-15: Pre-Construction Nesting Bird Surveys and Avoidance.
Construction activities shall avoid the migratory bird nesting season (typically February 1 through August 31), to reduce any potential significant impact to birds that may be nesting on the survey area. If construction activities must occur during the migratory bird nesting season, an avian nesting survey of the Project site and within 500 feet of all impact areas must be conducted to determine the
presence/absence of protected migratory birds and active nests. The avian nesting survey shall be performed by a qualified wildlife biologist within 72 hours prior to the start of construction in accordance with the MBTA (16 USC 703–712) and California Fish and Game Code Sections 3503, 3503.5, and 3513. If an active bird nest is found, the If site preparation and grading
activities commence between
February 1 through August 31, the
avian nesting survey shall be
performed by a qualified wildlife
biologist within 72 hours prior to
the start of vegetation clearing
activities
City of Hesperia
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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
nest shall be flagged and mapped on the construction plans along with an appropriate buffer established around the nest, which will be determined by the biologist based on the species’ sensitivity to disturbance (typically 300 feet for passerines and 500 feet for raptors and special-status species). 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. On-site construction monitoring shall also be conducted when construction occurs in close proximately to an active nest buffer. No Project activities may encroach into established buffers without the consent of a monitoring biologist. The buffer shall remain in place until is determined the nestlings have fledged and the nest is no longer considered active.
MM-BIO-16: Jurisdictional Waters of the State Mitigation. To the extent practicable, the Project shall be designed to avoid impacts to the jurisdictional waters of the state within the Project site, and the following avoidance/minimization measures shall be implemented:
If jurisdictional waters cannot be avoided, minimization measures shall be applied and all necessary resource agency permits shall be obtained. This may include Waste Discharge Requirements from the Regional Water Quality Control Board (RWQCB) and a Streambed Alteration Agreement from the California Department of Fish and Wildlife (CDFW).
All temporary impacts to state-jurisdictional waters will be restored on site. Restoration will include recontouring and erosion control with a native seed mix. Prior to seeding temporary ground disturbance areas, the Designated Biologist will review the seeding palette to ensure that no seeding of invasive plant species, as identified in the most recent version of the California Invasive Plant Inventory for the region, will occur.
Compensatory mitigation for permanent impacts shall occur either off site, at a mitigation bank, or with an in-lie fee program and would Prior to issuance of grading
permits
Note: The Project’s design, as
depicted in the site plan
considered by the City’s Planning
Commission and City Council,
avoids impacts to waters of the
state. As such, the Project is
currently in compliance with this
mitigation measure. The Project’s
site plan should be reviewed prior
to issuance of grading permits to
ensure that disturbance footprints
have not changed. Should
changes have been made that
result in impacts to waters of the
state, resource agency permits
shall be obtained prior to the
City of Hesperia
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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
occur at a ratio not less than 1:1 for the impact to jurisdictional waters or at a ratio determined in the jurisdictional waters permits. If a mitigation bank or in-lieu fee program is not utilized and the Applicant proceeds with off-site mitigation, a waters mitigation and monitoring plan shall be prepared that outlines the compensatory mitigation in coordination with the RWQCB and CDFW. Mitigation lands shall be comprised of drainages similar to those impacted. Off‐site mitigation lands shall be preserved through a conservation easement and the waters mitigation and monitoring plan shall identify an approach for funding assurance for the long‐term management of the conserved land. Suitable mitigation lands provided for species and vegetation communities may be used for jurisdictional waters of the state mitigation.
issuance of grading permits. The
limits of jurisdictional waters are
depicted on Figure 4.3-5 within
Section 4.3 of the Final EIR.
Cultural Resources
MM-CUL-1: Prior to start of ground-disturbing activities, a qualified archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archaeology (or an archaeologist working under the direct supervision of the qualified archaeologist) shall be retained by the Project Applicant and shall conduct cultural resources sensitivity training for all construction personnel. Construction personnel shall be informed of the types of archaeological resources that may be encountered, the proper procedures to be enacted in the event of an inadvertent discovery of archaeological resources or human remains, and safety precautions to be taken when working with archaeological monitors. The construction contractor shall ensure that construction personnel are made available for and attend the training and retain documentation demonstrating attendance.
Prior to construction City of Hesperia
MM-CUL-2: If construction of the Off-Site Utilities Alignments requires deviation from the routes and disturbance footprints shown in the conceptual plans for these off-site utilities (domestic water, stormwater drain, sanitary sewer), and thus, results in increased potential for construction equipment and activities to come into close Prior to and during construction City of Hesperia
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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
proximity or to traverse the locations of the potential historic resources observed in the vicinity of the Off-Site Utilities Alignments, a historic resources survey shall be conducted by a qualified historic resources expert to determine the significance of these potential resources.
The survey shall entail the taking of detailed notes and photographs of potential resources, including documentation of character defining features, spatial relationships, and overall existing conditions of the resources. The potential historic resources shall be recorded on State of California Department of Parks and Recreation Series 523 Forms (DPR forms), and will be evaluated in consideration of National Register of Historic Places and California Register of Historic Resources designation criteria and integrity requirements. Archival research, as applicable, shall also be conducted to develop the appropriate historic context for the potential historic resources. The findings of this evaluation shall be included in a historic resources report. If the resources are found to be historically significant and/or eligible for listing pursuant to National Register of Historic Places and California Register of Historic Resources designation criteria, and if avoidance of these resources and redesign of the off-site utilities is deemed infeasible, the report shall include detailed procedures to the City and Project Applicant on how to minimize effects to these resources to acceptable levels of significance, and these recommendations must be implemented by the Project Applicant.
This requirement shall be noted on all grading plans, and the construction contractor shall be obligated to comply with the note.
MM-CUL-3: If archaeological resources (sites, features, or artifacts) or tribal cultural resources are exposed during construction activities, all construction work occurring within 100 feet of the find shall immediately stop until a qualified archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards, can evaluate the significance of the find and determine whether or not additional study is warranted. Additionally, the San Manuel Band of Mission Indians During construction City of Hesperia
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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
Cultural Resources Department (SMBMI) shall be contacted regarding any pre-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.
Construction activities may continue on other parts of the Project site while evaluation occurs. If the find is determined by the archaeologist to constitute a potentially significant archaeological resource, time allotment sufficient to allow for implementation of avoidance measures shall be made available. In accordance with CEQA Guidelines Section 15064.5(f) and/or California Public Resources Code, Sections 21083.2(b), if the discovery proves significant under the California Environmental Quality Act (CEQA), a treatment and monitoring plan shall be prepared by a qualified archaeologist for the resource(s), in coordination with SMBMI. The drafts of the treatment and monitoring plan shall be provided to SMBMI for review and comment. All subsequent finds shall be subject to the treatment and monitoring plan. The treatment and monitoring plan shall allow for a monitor to be present that represents SMBMI for the remainder of the Project, should SMBMI elect to place a monitor on site.
Treatment may include preservation in place or implementation of archaeological data recovery excavations to remove the resource along with subsequent analysis. Any archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the material. If the find is Native American in origin, the tribe(s) that consider the Project area to be within their ancestral land or traditional use area, including the SMBMI, shall be contacted by the City of Hesperia to coordinate treatment and curation.
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 by the Project Applicant and City of Hesperia for
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Agency
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Date of
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dissemination to SMBMI. The City of Hesperia and/or Project Applicant shall, in good faith, consult with SMBMI throughout the life of the Project.
This requirement shall be noted on all grading plans, and the construction contractor shall be obligated to comply with the note.
MM-CUL-4: In accordance with Section 7050.5 of the California Health and Safety Code, if human remains are found, the county coroner shall be immediately notified of the discovery. No further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the county coroner has determined, within 2 working days of notification of the discovery, the appropriate treatment and disposition of the human remains. If the county coroner determines that the remains are, or are believed to be, Native American, he or she shall notify the Native American Heritage Commission (NAHC) in Sacramento within 24 hours. In accordance with California Public Resources Code, Section 5097.98, the NAHC must immediately notify those persons it believes to be the most likely descendant of the deceased Native American. The most likely descendant shall complete her/his inspection within 48 hours of being granted access to the site. The designated Native American representative shall then determine, in consultation with the property owner, the proper disposition of the human remains.
This requirement shall be noted on all grading plans, and the construction contractor shall be obligated to comply with the note.
During construction City of Hesperia
MM-CUL-5: If paleontological resources (sites, features, or fossils) are exposed during Project construction activities, all construction work occurring within 100 feet of the find shall immediately stop until a qualified paleontologist can evaluate the significance of the find and determine whether or not additional study is warranted. If the discovery proves significant under the California Environmental Quality Act, discovered fossils or samples of such fossils shall be collected and identified by the qualified paleontologist. Significant specimens During construction City of Hesperia
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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
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recovered shall be properly recorded, treated, and donated to the San Bernardino County Museum, Division of Geological Sciences, or other repository with permanent retrievable paleontological storage. A final report shall be prepared and submitted to the City of Hesperia that itemizes any fossils recovered, with maps to accurately record the original location of recovered fossils and evidence that the resources were curated by an established museum repository.
This requirement shall be noted on all grading plans, and the construction contractor shall be obligated to comply with the note.
Greenhouse Gas Emissions
MM-GHG-1: Water Conservation. Prior to the issuance of building permits for the Project, the Project Applicant shall provide building plans that include the following water conservation measures:
▪ Install low-water use appliances and fixtures.
▪ Restrict the use of water for cleaning outdoor surfaces and prohibit systems that apply water to non-vegetated surfaces. ▪ Implement water-sensitive urban design practices in new construction.
▪ Install rainwater collection systems where feasible.
Prior to issuance of building
permits
City of Hesperia
MM-GHG-2: Solid Waste Reduction. Prior to the issuance of building permits for the Project, the Project applicant shall provide building plans that include the following solid waste reduction measures:
▪ Provide storage areas for recyclables and green waste in new construction, and food waste storage, if a pick-up service is available.
▪ Evaluate the potential for onsite composting.
Prior to issuance of building
permits
City of Hesperia
Hazards and Hazardous Materials
MM-HAZ-1. Prior to the issuance of a grading permit, the Project Applicant shall retain a qualified environmental specialist that has documented experience in the identification, characterization, and removal of hazardous materials and includes a California licensed A qualified environmental
specialist shall be retained by the
Project Applicant prior to issuance
of grading permits. Inspections,
City of Hesperia
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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
professional engineer, geologist, or hydrogeologist to remove and dispose of all refuse located on the Project site, including but not limited to, the illegally-dumped tires and oil containers currently found on site. The removal, transport, and disposal of refuse shall be done in accordance with all applicable local, state, and federal guidelines related to hazardous materials handling. Prior to the removal of refuse deposits from the site, the environmental specialist shall inspect each refuse pile for indications that the refuse may contain – or may have once contained – hazardous materials, including, but not limited to, motor oil, solvents, paints, and/or other petroleum products. In addition, the environmental specialist shall inspect the soils surrounding each refuse deposit for evidence of any contamination (staining) or volatilization of contaminants (odors).
If contamination indicators are identified, work shall stop in the proximity of the potential contamination. The Project applicant and/or their construction contractor shall be responsible for engaging a qualified environmental specialist to design and perform an investigation to verify the presence and extent of contamination on the Project site. Subsurface investigation shall determine appropriate worker protection and hazardous material and disposal procedures appropriate for the Project site. Contaminated soil or groundwater determined to be hazardous shall be removed by personnel who have been trained through the Occupational Safety and Health Administration–recommended 40-hour safety program with an approved plan for groundwater extractions, soil excavation, control of contaminant releases to the air, and off-site transport or on-site treatment.
characterizations, and removal of
contamination may occur during
site preparation activities. The
qualified environmental specialist
shall verify to the City of Hesperia
that the site is suitable for
development and occupancy prior
to issuance of building permits.
Transportation
MM-TRA-1: The Project applicant shall submit a Transportation Demand Management (TDM) plan prepared by a qualified
transportation consultant acceptable to the City of Hesperia to reduce Project’s vehicle miles traveled. The TDM plan shall be approved by Prior to issuance of occupancy
permit
City of Hesperia
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Table 1. Mitigation Monitoring and Reporting Program Table Mitigation Measure Implementation Timing
Agency
Responsible for
Monitoring
Date of
Completion
the City prior to the issuance of the first occupancy permit. The TDM plan shall apply to Project tenants through tenant leases. The TDM plan shall discourage single-occupancy vehicle trips and encourage alternative modes of transportation such as carpooling, taking transit, walking, and biking. Examples of trip reduction measures may include, but are not limited to:
▪ Transit passes
▪ Car-sharing programs
▪ Telecommuting and alternative work schedules
▪ Ride sharing programs