Attachment 8Attachment 8FINAL MITIGATION MONITORING AND REPORTING PROGRAM Attachment 8
Attachment 8
Cargo Solutions Express-CUP22-00016 and TPM24-00003
State Clearing House SCH No.2025060948
City of Hesperia, California
September 2025
The following is a Mitigation Monitoring and Reporting Program (MMRP) for CUP22-00016 and TPM24-00003 located at the southeast intersection of Poplar Street and Three Flags Avenue in the City of Hesperia (APNs: 3064-591-17, -18, -12, -13, and 3064-631-01). This MMRP has been prepared pursuant to Section 15097 of the CEQA Guidelines. This MMRP lists all applicable project Mitigation Measures that are required to be implemented with the Project. This MMRP includes implementation timing and responsible party to ensure proper enforcement of all mitigation measures to reduce project impacts. The City of Hesperia, as the Lead Agency, will utilize the MMRP to document the implementation of project mitigation measures, which ensure all project impacts are reduced to less than significance pursuant to The California Environmental Quality Act (CEQA).
TOPICAL AREA
IMPACT
MITIGATION MEASURE
RESPONSIBLE PARTY
MONITORING ACTION
1. ENFORCEMENT AGENCY
2. MONITORING AGENCY
3. MONITORING PHASE
4.4 Biological Resources
Threshold 4.4a)
Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? MM BIO-1: Section 2081 CFGC Incidental Take Permit
Western Joshua trees are a state candidate for listing under CESA and will require a 2081 Incidental Take Permit (ITP) with compensatory mitigation for impacts, in addition to the surveys that are recommended in the discussion of MM BIO-7. The exceptions and permitting process under the California Desert Native Plants Act and the separate exceptions under the Native Plant Protection Act will not apply to western Joshua tree in any manner. For projects where “take” is incidental to carrying out an otherwise lawful activity, an ITP may be obtained from CDFW. The Project may also obtain take authorization through § 1927 of the Western Joshua Tree Conservation Act (WJTCA).
Per Section 1927.4 of the WJTCA, CDFW may authorize, by permit, the taking of a western Joshua tree if all of the following conditions are met: (1) The permittee submits to CDFW for its approval a census of all western Joshua trees on the Project site, including photographs, that categorize the trees according to the following size classes: a. Less than one meter in height. b. One meter or greater but less than five meters in height. c. Five meters or greater in height. (2) The permittee avoids and minimizes impacts to, and the taking of, the western Joshua tree to the maximum extent practicable. Minimization may include trimming, encroachment on root systems, relocation, or other actions that result in detrimental but nonlethal impacts to western Joshua tree. (3) The permittee mitigates all impacts to, and taking of, the western Joshua tree through the payment of in lieu mitigation fees. For the current fees, please visit: Western Joshua Tree Conservation Act Incidental Take Permit. Each western Joshua tree stem or trunk arising from the ground shall be considered an individual tree requiring mitigation, regardless of proximity to any other western Joshua tree stem of trunk. Mitigation is required of all trees, regardless of whether they are dead or alive. (4) CDFW may require the permittee to relocate one or more of the western Joshua trees.
MM BIO-2: Focused Borrowing Owl Survey
Although BUOW was not detected on site during the general wildlife survey, the BSA contains suitable habitat to potentially support BUOW in the future. A qualified biologist shall conduct a focused BUOW survey in accordance with the Staff Report on Burrowing Owl Mitigation (CDFW, 2012).
Following the completion of the survey, the biologist shall prepare a letter report summarizing the results of the survey. The report would be submitted to the CDFW and the City prior to initiating any ground disturbance activities.
If no BUOWs or signs of BUOW are observed during the survey and concurrence is received from Environmental Management Division of the San Bernardino County Department of Public Works (County EMD) and CDFW, project activities may begin and no further mitigation would be required.
If BUOW or signs of BUOW are observed during the survey, the site shall be considered occupied and the Project proponent shall fully avoid impacts to burrowing owl or should obtain a CESA ITP if impacts are unavoidable.
MM BIO-3: Pre-Construction General Wildlife Survey
Special-status wildlife species that have no designated status under the ESA, the CESA, and/or the NPPA, but are designated as sensitive or locally important by federal agencies, state agencies, local agencies such as the RCA, and nonprofit resource organizations such as the CNPS are referred to as “sensitive” in this section. The following measures will be implemented to minimize impacts to these species which include but are not limited to: Blainville’s horned lizard and desert kit fox. The measures below will help to reduce direct and indirect impacts caused by construction on various sensitive species to less than significant levels.
A qualified biologist will conduct a pre-construction general wildlife survey for sensitive wildlife and potential nesting sites such as open ground, shrubs, and burrows within the limits of project disturbance. The survey will be conducted at least seven days prior to the onset of scheduled activities, such as mobilization and staging. It will end no more than three days prior to vegetation, substrate, and structure removal and/or disturbance.
If sensitive species and/or active nesting sites are observed during the pre-construction survey or they are observed and will not be impacted, project activities may begin and no further mitigation will be required.
If any sensitive wildlife species are identified within the project site during the pre-construction survey, the biologist will immediately map the area and notify the appropriate resource agency to determine suitable protection measures and/or mitigation measures and to determine if additional surveys or focused protocol surveys are necessary. Project activities may begin within the area only when concurrence is received from the appropriate resource agency. zone.
Sensitive wildlife species and/or potential nesting sites will not be disturbed, captured, handled or moved.
MM BIO-4: Loggerhead Shrike Survey and Protection Measures The following measures are proposed in order to minimize impacts to loggerhead shrike, for which there is suitable habitat in the BSA.
If activities occur during the breeding/nesting period, a wildlife survey will be completed by a qualified biologist to identify potential loggerhead shrike activity in the area of the project activities.
Additional species surveys to determine presence/absence of birds prior to disturbances, from May 1 until the work start date, if the work start date is prior to August 31. Surveys are to occur weekly in May, every other week in June, and once per month in July and August (assuming no loggerhead shrike are observed).
Incidental occurrences of other sensitive avian species such as Swainson’s hawk, prairie falcon, and Cooper’s hawk should also be recorded during the survey.
MM BIO-5: Pre-Construction Breeding Bird Survey
To maintain compliance with the MBTA and Fish and Game Code, and to avoid impacts or take of migratory non-game breeding birds, their nests, young, and eggs, the following measures will be implemented. The measures below will help to reduce direct and indirect impacts caused by construction on migratory non-game breeding birds to less than significant levels.
Project activities that will remove or disturb potential nest sites, such as open ground, trees, shrubs, grasses, or burrows, during the breeding season would be a potential significant impact if migratory non-game breeding birds are present. Project activities that will remove or disturb potential nest sites will be scheduled outside the breeding bird season to avoid potential direct impacts on migratory non-game breeding birds protected by the MBTA and Fish and Game Code. The breeding bird nesting season is typically from February 15 through September 15, but can vary slightly from year to year, usually depending on weather conditions. Removing all physical features that could potentially serve as nest sites will also help to prevent birds from nesting within the project site during the breeding season and during construction activities.
A qualified biologist will conduct a pre-construction breeding bird survey for breeding birds and active nests or potential nesting sites within the limits of project disturbance. The survey will be conducted within 72 hours prior to the onset of scheduled activities, such as mobilization and staging.
If no breeding birds or active nests are observed during the pre-construction survey or they are observed and the qualified biologist determines they will not be impacted, project activities may begin and no further mitigation will be required.
If a breeding bird territory or an active bird nest is located during the pre-construction survey and will potentially be impacted, the site will be mapped on engineering drawings and a no activity buffer zone will be marked (fencing, stakes, flagging, orange snow fencing, etc.) a minimum of 100 feet in all directions or 500 feet in all directions for listed bird species and all raptors. The biologist will determine the appropriate buffer size based on the type of activities planned near the nest and the type of bird that created the nest. Some bird species are more tolerant than others of noise and activities occurring near their nest. This no-activity buffer zone will not be disturbed until a qualified biologist has determined that the nest is inactive, the young have fledged, the young are no longer being fed by the parents, the young have left the area, or the young will no longer be impacted by project activities. Periodic monitoring by a biologist will be performed to determine when nesting is complete. Once the nesting cycle has finished, project activities may begin within the buffer zone.
If listed bird species are observed within the project site during the pre-construction survey, the biologist will immediately map the area and notify the appropriate resource agency, including CDFW, to determine suitable protection measures and/or mitigation measures and to determine if additional surveys or focused protocol surveys are necessary. Project activities may begin within the area only when concurrence is received from the appropriate resource agency, including CDFW.
Birds or their active nests will not be disturbed, captured, handled or moved.
Applicant
Applicant
Applicant
Applicant
Field Verification
Field Verification
Field Verification
Field Verification
1. City of Hesperia Planning Department
2. City of Hesperia Planning Department
3. During project design, during project construction activities, and during operation
1. City of Hesperia Planning Department
2. City of Hesperia Planning Department
3. During project design, during project construction activities, and during operation
1. City of Hesperia Planning Department
2. City of Hesperia Planning Department
3. During project design, during project construction activities, and during operation
1. City of Hesperia Planning Department
2. City of Hesperia Planning Department
3. During project design, during project construction activities, and during operation Threshold 4.4b)
Have Substantial Adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? MM BIO-6: Mitigation for Impacts to Western Joshua Tree and California Juniper Woodlands Avoidance and Minimization Measures
The entirety of the project area is currently planned for development. Approximately 19 acres is California juniper woodland. The California juniper woodland is a sensitive natural community, as such, impacts as a result of the project, shall be mitigated so that all impacts to these habitats are mitigated on acreage and tree basis.
Proposed project activities including the construction phase, operations, and maintenance phase shall be designed to avoid California juniper woodland (and Joshua tree) habitat to the full extent practicable. If the California juniper (or associated Joshua trees) are removed as a result of project activities, then compensatory mitigation is required, as follows.
The preferred compensatory mitigation is through an in-lieu fee to a qualified mitigation bank within the service area of the site, ideally within the same watershed. The project proponent shall coordinate with CDFW to identify appropriate mitigation banks and number of required mitigation credits to fully offset site impacts at a minimum of a 2:1 replacement to impact ratio.
However, applicant-responsible compensatory mitigation is acceptable through preparation of a Habitat Preservation and Protection Plan, to be approved by CDFW prior to project approval.
Habitat Preservation and Protection Plan
For applicant-responsible compensatory mitigation, then the project proponent shall enter into a binding legal agreement regarding the preservation of offsite lands describing the terms of the acquisition, enhancement, and management of those lands. Fee title to acquired habitat lands, or a conservation easement over these lands, shall be transferred to CDFW or to an entity approved by CDFW, along with financial assurances (funds) for preservation, rehabilitation, and enhancement of the land, and an endowment for permanent management of the lands.
A formal Habitat Preservation and Protection Plan to detail methods for site preservation, restoration, monitoring, and protection shall be written. The plan will include permanent photo documentation points from the pre-restoration stage to the conclusion of the monitoring requirement. Photo documentation shall occur on a quarterly and annual basis or as required by CDFW. The number of western Joshua and California juniper trees existing onsite, transplanted, installed as container stock, will be recorded and qualitatively assessed quarterly and quantitatively assessed on an annual basis until performance criteria and/or contingency criteria are successfully attained. A final monitoring report will be provided at the conclusion of the post-construction restoration phase. The project proponent shall provide the final monitoring report to CDFW for approval of completion for the project.
Applicant
Field Verification
1 City of Hesperia Planning Department
2. City of Hesperia Planning Department
3. During project design, during project construction activities, and during operation Threshold 4.4e)
Have Substantial Adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? MM BIO-7: Native Desert Vegetation Survey and Protected Plant Preservation Plan A Preservation Plan will be prepared and submitted to the City, which is required by City Municipal Code. A native desert vegetation survey must be conducted to produce findings that will guide the formation of this plan. The survey objective is to evaluate the health and general condition of the western Joshua trees and creosote bush present on the project site. A project-specific plan will provide further guidance regarding the transplant and/or preservation of the western Joshua trees and protection for creosote rings “10 feet or greater in diameter” as per § 16.24.150 of City Municipal Code. Transplant suitability of the western Joshua trees will be determined by the results of the survey. This survey shall be conducted by a qualified City-approved biologist or arborist. The plan will incorporate survey data, identify and outline preconstruction survey methods for the native desert vegetation on the project site, describe preconstruction and construction-phase biological monitoring and transplant methods that are applicable, or outline any identified CDFW permit and Memorandum of Understanding requirements for active relocation, if either is necessary. The Plan should be referred to for a detailing of protective actions regarding the western Joshua trees on the project site.
Applicant
Field Verification
1 City of Hesperia Planning Department
2. City of Hesperia Planning Department
3. During project design, during project construction activities, and during operation Mitigation Measure Biological Resources 8 (MM-BIO-8) (New): Mohave ground squirrel Visual surveys for Mohave ground squirrels shall be conducted by a qualified biologist prior to ground disturbing activities. Visual surveys shall be conducted between March 15 and April 15 according to the California Department of Fish and Game Mohave Ground Squirrel Survey Guidelines (CDFW 2023). Visual surveys shall be conducted on the Project site during daylight hours by a qualified biologist who can readily identify Mohave ground squirrel and white-tailed antelope squirrel (Ammospermophilus leucurus). If the survey or monitoring throughout the duration of the Project confirms presence of Mohave ground squirrel, the Project proponent shall fully avoid impacts to Mohave ground squirrel or should obtain an Incidental Take Permit (ITP) for Mohave ground squirrel if impacts are unavoidable.
Applicant
Field Verification
1 City of Hesperia Planning Department
2. City of Hesperia Planning Department
3. During project design, during project construction activities, and during operation
4.5 Cultural Resources
Threshold 4.5b)
Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5.
MM CUL 1
If archaeological resources are discovered during construction activities, the contractor will halt construction activities in the immediate area of the find (within a 60-foot buffer) and notify the City of Hesperia. The project applicant shall retain an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards for Archaeology who will be notified and afforded the necessary time to assess the find. Work on the other portions outside the buffer area may continue during this assessment period. The archaeologist will also be afforded the necessary time and resources to recover, analyze, and curate the find(s). The qualified archaeologist will recommend the extent of archaeological monitoring necessary to ensure the protection of any other resources that may be in the area. Any identified cultural resources shall be recorded on the appropriate DPR 523 (AL) form and filed with the South Central Coastal Information Center. Construction activities may continue on other parts of the project site while evaluation and treatment of prehistoric archaeological resources takes place.
Additionally, the Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) shall be contacted, as detailed within TCR-1, regarding any pre-contact and/or historic-era 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.
Qualified Archaeologist and Project Contractor
Field Verification
1. City of Hesperia Planning Department
2. City of Hesperia Planning Department
3. During construction activities
MM CUL 3
If significant pre-contact and/or historic-era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to YSMN for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.
Qualified Archaeologist and Project Contractor
Field Verification
1. City of Hesperia Planning Department
2. City of Hesperia Planning Department
3. During construction activities
Threshold 4.5c): Disturb any human remains, including those interred outside of formal cemeteries.
MM CUL 2
If human remains are encountered during excavations associated with this project, all work will stop within a 30foot radius of the discovery and the San Bernardino County Coroner will be notified (§ 5097.98 of the Public Resources Code). The Coroner will determine whether the remains are recent human origin or older Native American ancestry. If the coroner, with the aid of the supervising archaeologist, determines that the remains are prehistoric, they will contact the NAHC. The NAHC will be responsible for designating the Most Likely Descendant (MLD). The MLD (either an individual or sometimes a committee) will be responsible for the ultimate disposition of the remains, as required by § 7050.5 of the California Health and Safety Code. The MLD will make recommendations within 24 hours of their notification by the NAHC. These recommendations may include scientific removal and nondestructive analysis of human remains and items associated with Native American burials (§ 7050.5 of the Health and Safety Code).
Project Construction Contractor
Field Verification
1. City of Hesperia Planning Department
2. City of Hesperia Planning Department
3. During project construction activities
4.7 Geology and Soils
Threshold 4.7f):
Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? MM GEO 1
Before the beginning of project construction, the project applicant shall retain a qualified paleontologist to remain on-call for the duration of project ground disturbance activities. If paleontological resources are uncovered during project construction, the contractor shall halt construction activities in the immediate area and notify the City. The on-call paleontologist shall be notified and afforded the necessary time and funds to recover and analyze the finds and curate the find(s) with an accredited repository for paleontological resources. Subsequently, the monitor shall remain onsite for the duration of the ground disturbance to ensure the protection of any other resources that are found during construction on the project site Project Applicant, Qualified Paleontologist
Field Verification
1. City of Hesperia Planning Department
2. City of Hesperia Planning Department
3. During construction activities
4.9 Hazards and Hazardous Materials
Threshold 4.9a)
Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? MM HAZ-1
In the event that the future tenant will handle hazardous materials above the reportable quantity threshold, the lease agreement with the future tenant shall require the tenant to submit a Hazardous Materials Business Plan which would include an inventory of all hazardous materials used, stored, or otherwise managed onsite to the County of San Bernardino County Fire Department – Hazardous Materials Division and the Fontana Fire Protection District. The recommendations of the Hazardous Materials Business Plan would be included in the lease agreement (signed by the tenant) as mandatory measures required to be implemented by the tenant MM HAZ-2
In the event that the future occupant will handle hazardous materials above the reportable quantity threshold, the occupancy agreement shall require the occupant, in coordination with the San Bernardino County Fire Department, to identify routes along which hazardous materials may routinely be transported. If essential facilities such as schools, hospitals, child care centers, or other facilities with special evacuation needs are located along these routes, the future occupant shall develop an emergency response plan that can be implemented in the event of an unauthorized release of hazardous materials. The recommendations of the Emergency Response Plan would be included in the occupancy agreement (signed by the future occupant) as mandatory measures required to be implemented by the future occupant.
Project Applicant
Field Verification
1. City of Hesperia Planning Department
2. City of Hesperia Planning Department
3. During project design, during project construction activities, and during operation Threshold 4.9b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Refer to MM HAZ-1 and MM HAZ-2 under Threshold 4.9a).
Threshold 4.9f)
Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Refer to MM TRANS-3 under Threshold 4.17c).
4.17 Transportation
Threshold 4.17a) Would the project conflict with a program plan, ordinance or policy addressing circulation system, including transit, roadway, bicycle and pedestrian facilities? MM TRANS-1
The Project Applicant would be required to implement operational improvements detailed in section 11.7 of the Traffic Impact Analysis (TIA) report to ensure that all affected intersections by project buildout would have an adequate level of service (LOS).
MM TRANS-2
The Project Applicant would be required to contribute to fair-share contributions for intersection operational improvements in the project area. The contributions are identified in section 11.8 of the Traffic Impact Analysis (TIA) report.
Project Applicant
Field Verification
1. City of Hesperia
2. City of Hesperia
3.Before construction
Threshold 4.17c) Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? MM TRANS-3
Prior to construction, the General Contractor shall submit a detailed Construction Management Plan to be reviewed and approved by the City of Hesperia. The Construction Management Plan shall specify that the Construction Manager will schedule truck traffic and employee shifts to avoid creating trips during the peak traffic periods, as is feasible for construction operations. All measures, including identified truck routes and designated employee parking areas, shall be included in the Construction Management Plan. The Plan shall include but is not limited to the following provisions:
The Construction Management Plan shall specify how traffic will be routed and controlled during the construction phase, including which lane(s) of traffic will be temporarily blocked off for construction work.
Specification of permitted hours for construction-related deliveries and removal of heavy equipment and material.
Specification of where construction workers would park their personal vehicles during project construction with a requirement that at no time shall construction worker vehicles block any driveways. If complaints are received by the project applicant regarding issues with construction worker vehicle parking, the project applicant shall identify alternative parking options for construction workers so as not to interfere with any surrounding parking availability.
Identification of how emergency access to and around the project site will be maintained during project construction.
Specification of haul routes for delivery or removal of heavy and/or oversized equipment or material loads. Where feasible, delivery or removal of oversized equipment or material loads shall be conducted during off-peak traffic periods.
Provide pedestrian and bicycle connections around the project site and designate safe crossing locations for all pedestrian detours.
Maintain the security of the project site by erecting temporary fencing during the construction phase of the project. Any onsite night lighting used during the construction phase of the project shall be in compliance with the lighting requirements of the City of Hesperia.
If temporary lane closures are necessary for the installation of utilities, emergency access should be maintained at all times.
Flag persons and/or detours shall be provided as needed to ensure safe traffic operations.
Construction signs shall be posted to advise of reduced construction zone speed limits.
The project design shall include entry/exit gates for first responders’ vehicles to gain access to the project site.
City of Hesperia and Construction Manager
Field Verification
1. City of Hesperia
2. City of Hesperia
3. During
Construction
Threshold 4.17d) Would the project result in inadequate emergency access? MM TRANS-3.
Refer to Threshold 4.17c).
City of Hesperia and Construction Manager
Construction Management Plan
1. City of Hesperia
2. City of Hesperia
3. During
Construction
4.18 Tribal Cultural Resources
Threshold 4.18b): cause a substantial adverse change in the significance of a tribal cultural resource that is determined to be a significant resource to a California Native American tribe pursuant to the criteria set forth in subdivision (c) of Public Resource Code § 5024.1(c)? MM TCR-1
The Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) shall be contacted, as detailed in MM CR-1, of any pre-contact and/or historic-era cultural resources discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with YSMN, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents YSMN for the remainder of the project, should YSMN elect to place a monitor on-site.
Qualified Archaeologist and Project Contractor
Field Verification
1. City of Hesperia Planning Department
2. City of Hesperia Planning Department
3. During construction activities
MM TCR-2
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 applicant and Lead Agency for dissemination to YSMN. The Lead Agency and/or applicant shall, in good faith, consult with YSMN throughout the life of the project.
Qualified Archaeologist and Project Contractor
Field Verification
1. City of Hesperia Planning Department
2. City of Hesperia Planning Department
3. During construction activities
MM TCR-3
As specified by California Health and Safety Code § 7050.5, if human remains are found on the project site during construction or during archaeological work, the San Bernardino County Coroner’s office shall be immediately notified and no further excavation or disturbance of the discovery or any nearby area reasonably suspected to overlie adjacent remains shall occur until the Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code 5097.98. The Coroner would determine within two working days of being notified, if the remains are subject to his or her authority. If the Coroner recognizes the remains to be Native American, he or she shall contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC would make a determination as to the Most Likely Descendent.
Qualified Archaeologist and Project Contractor
Field Verification
1. City of Hesperia Planning Department
2. City of Hesperia Planning Department
3. During construction activities