MITIGATION MONITORING PROCEDURES
The mitigation monitoring and reporting program for the proposed project was prepared in compliance with PRC Section 21081.6. It describes the requirements and procedures to be followed by the City of Moreno Valley to ensure that all mitigation measures adopted as part of the proposed project would be carried out as described in this IS/MND. Table 1.A lists each of the mitigation measures specified in this IS/MND and identifies the party or parties responsible for implementation and monitoring of each measure. Table 1.B lists the Standard Conditions specified in this IS/MND and identifies the party or parties responsible for implementation of each standard condition.
Table 1.A: Mitigation Monitoring and Reporting Program
Draft IS/MND Mitigation Measures (MMs)
Responsible
Party/Approving
Agency
Timing for
Mitigation
Measure
Implementation
Status/Date
Initials
Section I: Aesthetics
The proposed project would not result in any significant adverse impacts related to aesthetics. No mitigation is required.
Section II: Agriculture and Forestry Resources
The proposed project would not result in any significant adverse impacts related to agriculture and forestry resources. No mitigation is required.
Section III: Air Quality
MM AIR-1 During construction of the proposed project, the project contractor shall ensure all off-road diesel-powered construction equipment of 50 horsepower or more that are used for project construction meet, at a minimum, the California Air Resources Board Tier 2 emissions standards equipped with Level 3 Diesel Particulate Filters or the equivalent.
Construction
Contractor
During
construction
Section IV: Biological Resources
MM BIO-1 A nesting bird pre-construction survey shall be conducted by a qualified biologist three days prior to ground-disturbing activities if working within the bird nesting season (January 1 through August 31). Should nesting birds be found, an exclusionary buffer shall be established by the qualified biologist. The buffer may be up to 500 feet in diameter depending on the species of nesting bird found. This buffer shall be clearly marked in the field by construction personnel under guidance of the qualified biologist and construction or clearing shall not be conducted within this zone until the qualified biologist determines that the young have fledged, or the nest is no longer active. If there is a lapse in construction activities longer than seven days, an additional pre-construction survey shall be conducted.
Qualified Biologist Prior to
construction
Section V: Cultural Resources
MM CUL-1 Prior to the start of earth moving activities, the Project Applicant shall retain an archaeologist to conduct cultural resources sensitivity training for all construction personnel. Construction personnel shall be informed of the types of archaeological resources that may be encountered, and of the proper procedures to be enacted in the event of an inadvertent discovery of precontact or historic archaeological resources or human remains. The Project Applicant shall ensure that construction personnel are made available for and attend the training and retain documentation demonstrating attendance. This measure shall be implemented to the satisfaction of the City of Moreno Valley, Planning Division.
Project Applicant,
Qualified
Archaeologist, City
Planning Division
Prior to
construction-
related ground
disturbing
activities
MM CUL-2 A qualified professional archaeologist (either an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards for Archeology or an archaeologist supervised by such an archaeologist) shall monitor all construction-related ground-disturbing activities. Archaeological monitoring shall occur during these excavation activities until the Project Archaeologist, based on their observations, is satisfied that there is little likelihood of encountering intact archaeological deposits. The Project Archaeologist may also determine that it is appropriate to reduce monitoring to spot-checking on a part-time basis.
Qualified
Archaeologist
During
construction-
related ground
disturbing
activities
Table 1.A: Mitigation Monitoring and Reporting Program
Draft IS/MND Mitigation Measures (MMs)
Responsible
Party/Approving
Agency
Timing for
Mitigation
Measure
Implementation
Status/Date
Initials
Section VI: Energy
The proposed project would not result in any significant adverse impacts related to energy. No mitigation is required.
Section VII: Geology and Soils
MM GEO-1 If paleontological resources (fossils) are discovered during project grading, work shall be halted within 100 feet of the find until a qualified paleontologist assesses the significance of the find. Work occurring outside of the 100-foot buffer zone may continue. The project paleontologist shall monitor remaining earthmoving activities at the project site and shall be equipped to record and salvage fossil resources that may be unearthed during grading activities. The paleontologist shall be empowered to temporarily halt or divert grading equipment to allow recording and removal of the unearthed resources. Any fossils found shall be evaluated in accordance with the State CEQA Guidelines and offered for curation at an accredited facility approved by the City of Moreno Valley. Once grading activities have ceased or the paleontologist determines that monitoring is no longer necessary, monitoring activities shall be discontinued. This measure shall be implemented to the satisfaction of the City Planning Division.
Qualified
Paleontologist, City
Planning Division
Prior to,
throughout, and
following
construction-
related ground
disturbing
activities
Section VII: Greenhouse Gas Emissions
The proposed project would not result in any significant adverse impacts related to greenhouse gas emissions. No mitigation is required.
Section IX: Hazards and Hazardous Materials
The proposed project would not result in any significant adverse impacts related to hazards and hazardous materials. No mitigation is required.
Section X: Hydrology and Water Quality
The proposed project would not result in any significant adverse impacts related to hydrology and water quality. No mitigation is required.
Section XI: Land Use and Planning
The proposed project would not result in any significant adverse impacts related to land use and planning. No mitigation is required.
Section XII: Mineral Resources
The proposed project would not result in any significant adverse impacts related to mineral resources. No mitigation is required.
Section XIII: Noise
MM NOI-1 Construction Vibration Assessment. Due to the close proximity to surrounding structures, the City of Moreno Valley (City) Director of Community Development, their designee, and the Developer/Applicant shall verify prior to issuance of grading permits that the approved plans require that the construction contractor shall implement the following reduction measures during project construction activities to ensure that damage does not occur at surrounding structures:
• The first step in the Vibration Assessment should be a determination if any structures are within 15 feet of potential heavy construction activities. If is determined that no structures meet this criteria, no further effort is necessary.
City Director of
Community
Development (or
designee),
Developer/Project
Applicant,
Construction
Contractor
Prior to issuance
of grading
permits
Table 1.A: Mitigation Monitoring and Reporting Program
Draft IS/MND Mitigation Measures (MMs)
Responsible
Party/Approving
Agency
Timing for
Mitigation
Measure
Implementation
Status/Date
Initials
• If heavy construction equipment is necessary, structures that are located within 15 feet of heavy construction activities and that have the potential to be affected by ground-borne vibration should be identified. This task shall be conducted by a qualified structural engineer as approved by the City’s Director of Community Development, or designee.
• Once the construction equipment list finalized, a comparison of the proposed equipment to be used and the assumed equipment vibration levels presented in Table 7-4 of the Federal Transit Administration’s (FTA) Noise and Vibration Impact Assessment Manual (FTA Report No. 0123) shall be completed. If it is determined that the proposed equipment would generate lower vibration levels than assumed, further vibration assessment would not be necessary. However, if levels would potentially exceed the City’s standard of 0.2 inch per second peak particle velocity (PPV), the project Applicant/Developer shall develop a vibration monitoring and construction contingency plan for approval by the City Director of Community Development, or designee, to identify structures where monitoring would be conducted; set up a vibration monitoring schedule; define structure-specific vibration limits; and address the need to conduct photo, elevation, and crack surveys to document before and after construction conditions. Construction contingencies would be identified for when vibration levels approached the limits.
• If a vibration monitoring and construction contingency plan is deemed necessary, monitoring of vibration during initial construction activities would be required. Monitoring results may indicate the need for more or less intensive measurements.
• When vibration levels approach limits, suspend construction and implement contingencies as identified in the approved vibration monitoring and construction contingency plan to either lower vibration levels or secure the affected structures.
Section XIV: Population and Housing
The proposed project would not result in any significant adverse impacts related to population and housing. No mitigation is required.
Section XV: Public Services
The proposed project would not result in any significant adverse impacts related to public services. No mitigation is required.
Section XVI: Recreation
The proposed project would not result in any significant adverse impacts related to recreation. No mitigation is required.
Section XVII: Transportation
The proposed project would not result in any significant adverse impacts related to transportation. No mitigation is required.
Table 1.A: Mitigation Monitoring and Reporting Program
Draft IS/MND Mitigation Measures (MMs)
Responsible
Party/Approving
Agency
Timing for
Mitigation
Measure
Implementation
Status/Date
Initials
Section XVIII: Tribal Cultural Resources
MM TCR-1 Archaeological Monitoring. Prior to the issuance of a grading permit, the Developer shall retain a professional archaeologist to conduct monitoring of all ground-disturbing activities at the project site. The Project Archaeologist shall have the authority to temporarily redirect earthmoving activities in the event that suspected archaeological resources are unearthed during Project construction.
The Project Archaeologist, in consultation with the Pechanga Tribe, including the contractor, and the City, shall develop a CRMP as defined in TCR-3, below. The Project archeologist shall attend the pre-grading meeting with the City, the construction manager, and any contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The archaeological monitor shall have the authority to temporarily halt and redirect earth-moving activities in the affected area in the event that suspected archaeological resources are unearthed.
Developer/Project
Applicant, Project
Archaeologist,
Construction
Contractor
Prior to issuance
of grading
permits
MM TCR-2 Native American Monitoring. Prior to the issuance of a grading permit, the Developer shall secure agreements with the Pechanga Tribe for tribal monitoring.
The Developer is also required to provide a minimum of 30 days’ advance notice to the tribes of all ground-disturbing activities. The Native American Tribal Representatives shall have the authority to temporarily halt and redirect earth- moving activities in the affected area in the event that suspected archaeological and cultural resources are unearthed. The Native American Monitor(s) shall attend the pre-grading meeting with the Project Archaeologist, the City, the construction manager, and any contractors and will conduct the Tribal Perspective of the mandatory Cultural Resources Worker Sensitivity Training to those in attendance.
City Planning Staff,
Developer/Project
Applicant,
Construction
Contractor
Prior to issuance
of grading
permits
MM TCR-3 Cultural Resource Monitoring Plan (CRMP). The Project Archaeologist, in consultation with the Pechanga Tribe, the contractor, and the City, shall develop a CRMP in consultation pursuant to the definition in AB52 to address the details, timing, and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting Tribe is defined as a Tribe that initiated the AB52 tribal consultation process for the Project, has not opted out of the AB52 consultation process, and has completed AB52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include:
• Project description and location;
• Project grading and development scheduling;
• Roles and responsibilities of individuals on the Project; • The pre-grading meeting and Cultural Resources Worker Sensitivity Training details;
City Planning Staff,
Developer/Project
Applicant, Project
Archaeologist
Prior to issuance
of grading
permits
Table 1.A: Mitigation Monitoring and Reporting Program
Draft IS/MND Mitigation Measures (MMs)
Responsible
Party/Approving
Agency
Timing for
Mitigation
Measure
Implementation
Status/Date
Initials
• The protocols and stipulations that the contractor, City, Pechanga Tribe and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation; • The type of recordation needed for inadvertent finds and the stipulations of recordation of sacred items;
• Contact information of relevant individuals for the Project.
MM TCR-4 Cultural Resource Disposition. In the event that Native American cultural resources are discovered during the course of ground disturbing activities (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:
• One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Moreno Valley Planning Department:
o Preservation-In-Place of the cultural resources, if feasible.
Preservation in place means avoiding the resources, leaving them in the place they were found with no development affecting the integrity of the resources.
o On-site reburial of the discovered items as detailed in the treatment plan required pursuant to Mitigation Measure TCR-1. This shall include measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed. No recordation of sacred items is permitted without the written consent of all Consulting Native American Tribal Governments as defined in CR 3. The location for the future reburial area shall be identified on a confidential exhibit on file with the City, and concurred to by the Consulting Native American Tribal Governments prior to certification of the environmental document.
City Planning Staff,
Developer/Project
Applicant,
Construction
Contractor, Project
Archaeologist
As needed if
encountered
during project
grading and
excavation
activities
MM TCR-5 Potential Discovery of Archaeological and Cultural Resources. The City shall verify that the following note is included on the Grading Plan:
“If any suspected archaeological and cultural resources are discovered during ground-disturbing activities and the Project Archaeologist or Native American Tribal Representatives are not present, the construction supervisor is obligated to halt work in a 100-foot radius around the find and call the Project Archaeologist and the Tribal Representatives to the site to assess the significance of the find.” City Planning Staff,
Developer/Project
Applicant, Project
Archaeologist
Prior to issuance
of grading
permits
MM TCR-6 Inadvertent Finds. If potential historic or cultural resources are uncovered during excavation or construction activities at the project site that were not assessed by the archaeological report(s) and/or environmental assessment
Table 1.A: Mitigation Monitoring and Reporting Program
Draft IS/MND Mitigation Measures (MMs)
Responsible
Party/Approving
Agency
Timing for
Mitigation
Measure
Implementation
Status/Date
Initials
conducted prior to Project approval, all ground-disturbing activities in the affected area within 100 feet of the uncovered resource must cease immediately and a qualified person meeting the Secretary of the Interior's standards (36 CFR 61), Tribal Representatives, and all site monitors per the Mitigation Measures, shall be consulted by the City to evaluate the find, and as appropriate recommend alternative measures to avoid, minimize or mitigate negative effects on the historic, or prehistoric resource. Further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional archeologists and Tribal Monitors, if needed.
Determinations and recommendations by the consultant shall be immediately submitted to the Planning Division for consideration and implemented as deemed appropriate by the Community Development Director, in consultation with the State Historic Preservation Officer (SHPO) and any and all Consulting Native American Tribes as defined in CR 2 before any further work commences in the affected area.
If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III data recovery plan shall be prepared by the Project Archeologist, in consultation with the Tribe(s), and shall be submitted to the City for their review and approval prior to implementation of the said plan. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources.
MM TCR-7 Human Remains. If human remains are discovered, no further disturbance shall occur in the affected area until the County Coroner has made necessary findings as to origin. If the County Coroner determines that the remains are potentially Native American, the California Native American Heritage Commission shall be notified within 24 hours of the published finding to be given a reasonable opportunity to identify the “most likely descendant”. The “most likely descendant” shall then make recommendations and engage in consultations concerning the treatment of the remains (California Public Resources Code 5097.98). (GP Objective 23.3, CEQA). No photographs are to be taken except by the coroner, with written approval by the Pechanga Tribe.
City Planning Staff,
Developer/Project
Applicant,
Construction
Contractor, Project
Archaeologist
As needed if
encountered
during project
grading and
excavation
activities
MM TCR-8 Non-Disclosure of Reburial Locations. It is understood by all parties that, unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act.
The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r), parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r).
City Planning Staff,
Developer/Project
Applicant,
Construction
Contractor, Project
Archaeologist
As needed if
encountered
during project
grading and
excavation
activities
Table 1.A: Mitigation Monitoring and Reporting Program
Draft IS/MND Mitigation Measures (MMs)
Responsible
Party/Approving
Agency
Timing for
Mitigation
Measure
Implementation
Status/Date
Initials
MM TCR-9 Archaeology Report - Phase III and IV. Prior to final inspection, the developer/permit holder shall prompt the Project Archaeologist to submit two (2) copies of the Phase III Data Recovery report (if required for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre-grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance.
Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the South Coastal Information Center (SCIC) at the San Diego State University (SDSU), and one (1) copy shall be submitted to the Pechanga Tribe’s Cultural Resources Department.
City Planning Staff,
Developer/Project
Applicant, Project
Archaeologist
Prior to final
monitoring and
inspection of
grading activities
at the project site
Section XIX: Utilities and Service Systems
The proposed project would not result in any significant adverse impacts related to utilities and service systems. No mitigation is required.
Section XX: Wildfire
The proposed project would not result in any significant adverse impacts related to wildfire. No mitigation is required.
Table 1.B: Standard Condition Procedures
Draft IS/MND Standard Conditions (SCs)
Responsible
Party/Approving
Agency
Timing for
Standard
Condition
Implementation
Status/Date
Initials
Section I: Aesthetics
No Standard Conditions would be required for aesthetics as part of the proposed project.
Section II: Agriculture and Forestry Resources
No Standard Conditions would be required for agriculture and forestry resources as part of the proposed project.
Section III: Air Quality
No Standard Conditions would be required for air quality as part of the proposed project.
Section IV: Biological Resources
No Standard Conditions would be required for biological resources as part of the proposed project.
Section V: Cultural Resources
SC CUL-1 In the event that archaeological resources are discovered during excavation, grading, or construction activities, work shall cease within 50 feet of the find until a qualified archaeologist has evaluated the find in accordance with federal, State, and local guidelines to determine whether the find constitutes a “unique archaeological resource,” as defined in Section 21083.2(g) of the California Public Resources Code (PRC). Personnel associated with construction of the proposed project shall not collect or move any archaeological materials and associated materials. Construction activity may continue unimpeded on other portions of the project site. The found deposits shall be treated in accordance with federal, State, and local guidelines, including those set forth in PRC Section 21083.2. Prior to issuance of a grading permit, the Director of Development, their designee, and the Developer/Applicant shall ensure that this mitigation measure is documented on the grading plans.
Qualified
Archaeologist,
Construction
Contractor, City
Director of
Development (or
designee),
Developer/Project
Applicant
Prior to,
throughout, and
following
construction-
related ground
disturbing
activities
SC CUL-2 In the event human remains are encountered, State Health and Safety Code Section 7050.5. states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to State PRC Section 5097.98. The County Coroner shall be notified of the find immediately. If the remains are determined to be Native American, the County Coroner shall notify the Native American Heritage Commission (NAHC), which shall determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the project site of the discovery. The MLD shall complete the inspection and make recommendations or preferences for treatment within 48 hours of being granted access to the project site. The MLD recommendations may include scientific removal and nondestructive analysis of human remains and items associated with Native American burials, preservation of Native American human remains and associated items in place, relinquishment of Native American human remains and associated items to the descendants for treatment, or any other culturally appropriate treatment.
Qualified
Archaeologist,
Construction
Contractor, City
Director of
Development (or
designee),
Developer/Project
Applicant
Prior to,
throughout, and
following
construction-
related ground
disturbing
activities
Table 1.B: Standard Condition Procedures
Draft IS/MND Standard Conditions (SCs)
Responsible
Party/Approving
Agency
Timing for
Standard
Condition
Implementation
Status/Date
Initials
Section VI: Energy
No Standard Conditions would be required for energy as part of the proposed project.
Section VII: Geology and Soils
No Standard Conditions would be required for geology and soils as part of the proposed project.
Section VII: Greenhouse Gas Emissions
No Standard Conditions would be required for greenhouse gas emissions as part of the proposed project.
Section IX: Hazards and Hazardous Materials
No Standard Conditions would be required for hazards and hazardous materials as part of the proposed project.
Section X: Hydrology and Water Quality
No Standard Conditions would be required for hydrology and water quality as part of the proposed project.
Section XI: Land Use and Planning
No Standard Conditions would be required for land use and planning as part of the proposed project.
Section XII: Mineral Resources
No Standard Conditions would be required for mineral resources as part of the proposed project.
Section XIII: Noise
SC NOI-1 Prior to issuance of grading and building permits, the project Applicant/Developer shall submit grading plans and building plans for review and approval by the Director the City of Moreno Valley Public Works Department, or designee. These plans shall include the following requirements for construction activities:
• Construction activities shall only occur between the hours of 7:00 a.m. and 8:00 p.m. No construction shall be permitted outside of these hours or on federal holidays.
• Construction contracts shall specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained noise mufflers consistent with manufacturers’ standards.
• In order to maximize the distance between construction equipment staging areas and the sensitive noise receivers in the area, all equipment staging areas and material storage areas shall be placed as far from these receivers as possible.
During construction, stationary construction equipment shall be placed so that emitted noise is directed away from sensitive receptors nearest the project site.
Developer/Project
Applicant, City Public
Works Director (or
designee),
Construction
Contractor
Prior to issuance
of grading
permits
Section XIV: Population and Housing
No Standard Conditions would be required for population and housing as part of the proposed project.
Section XV: Public Services
No Standard Conditions would be required for public services as part of the proposed project.
Section XVI: Recreation
No Standard Conditions would be required for recreation as part of the proposed project.
Table 1.B: Standard Condition Procedures
Draft IS/MND Standard Conditions (SCs)
Responsible
Party/Approving
Agency
Timing for
Standard
Condition
Implementation
Status/Date
Initials
Section XVII: Transportation
No Standard Conditions would be required for transportation as part of the proposed project.
Section XVIII: Tribal Cultural Resources
See Section V Cultural Resources: SC CUL-1 and SC CUL-2 above.
Section XIX: Utilities and Service Systems
No Standard Conditions would be required for utilities and service systems as part of the proposed project.
Section XX: Wildfire
No Standard Conditions would be required for wildfire as part of the proposed project.