Murrieta Hot Springs at Jefferson Residences
Initial Study and Mitigated Negative Declaration
1 MURRIETA HOT SPRINGS AT JEFFERSON RESIDENCES PROJECT
MITIGATION MONITORING PROGRAM
Mitigation Measures (MMs) Implementation Timing
Monitoring/
Reporting Methods
Responsible for Approval/
Monitoring
Verification
Date Initials
Biological Resources
MM BIO-1: Burrowing Owl Survey.
A pre-construction presence/absence survey for burrowing owl at the project site where suitable habitat is present shall be conducted by a qualified biologist within 30 days prior to the commencement of ground disturbing activities including
vegetation clearing, grubbing, tree removal, or site watering. If burrowing owls are not found, no further action would be required.
If burrowing owl have colonized within the area of planned disturbance prior to initiation of construction, the
biologist/applicant shall immediately inform the City and Wildlife Agencies (CDFW and USFWS) and prepare a Burrowing Owl
Protection and Relocation Plan and Determination of Biologically Equivalent or Superior Preservation (DBESP) for approval by the City prior to initiating ground disturbance. Additionally, if ground- disturbing activities occur but the site is left undisturbed for more than 30 days, a pre-construction survey shall again be conducted to confirm burrowing owl have not colonized the site since it was last disturbed. If burrowing owl are found, the same coordination described above shall be necessary.
Thirty (30) days prior to
the commencement of
any ground disturbing
activities including
vegetation clearing,
grubbing, tree removal,
or site watering.
If ground-disturbing
activities occur but the
site is left undisturbed
for more than 30 days.
Pre-construction
survey(s)
City of Murrieta Planning
Division
MM BIO-2: Nesting Bird Surveys.
Vegetation removal activities shall be conducted outside the nesting season (typically September 1 to December 31) to avoid potential impacts to nesting birds. Any construction activities that occur during the nesting season (January 1 to August 31) will require that all suitable habitats be thoroughly surveyed for the presence of nesting birds by a qualifies biologist within three days before commencement of vegetation clearing and ground
Three days before
commencement of any
vegetation clearing and
ground disturbance
activities which occur
during the nesting
Nesting bird survey
Project map showing
applicable buffers
City of Murrieta Planning
Division
Murrieta Hot Springs at Jefferson Residences
Initial Study and Mitigated Negative Declaration
2 Mitigation Measures (MMs) Implementation Timing
Monitoring/
Reporting Methods
Responsible for Approval/
Monitoring
Verification
Date Initials
disturbance activities. If any active nests are detected, a buffer of 500 feet of an active listed species or raptor nest, 300 feet of other sensitive bird nests (non- listed), and 100 feet of most common songbird nests will be delineated, flagged, and avoided until the nesting cycle is complete. The buffer may be modified and/or other recommendations proposed as determined
appropriate by the biological monitor to minimize impacts. season (January 1 to
August 31).
Biological monitor
recommendations (if
any)
Cultural Resources
MM CR-1: Cultural Resources Monitoring Program.
Prior to issuance of a grading permit, the applicant shall provide written verification that a certified archaeologist has been retained to implement the monitoring program. This verification shall be presen ted in a letter from the project archaeologist to the City of Murrieta.
• The project applicant shall provide Native American
monitoring during grading. The Native American
monitor shall work in concert with the archaeological
monitor to observe ground disturbances and search
for cultural materials
• The certified archaeologist shall attend the pre -
grading meeting with the contractors to explain and
coordinate the requirements of the monitoring
program.
• During the original cutting of previously undisturbed deposits, the archaeological monitor(s) and tribal
representative shall be on the site, as determined by
the consulting archaeologist, to perform periodic
inspections of the excavations. The frequency of
inspections will depend upon the rate of excavation,
the materials excavated, and the presence and
abundance of artifacts and features. The consulting
archaeologist shall have the authority to modify the
monitoring program if the potential for cultural
Prior to issuance of a
grading permit.
Pre-grading meeting
During the original
cutting of previously
undisturbed deposits.
Written verification
that a certified
archaeologist has been
retained to implement
a monitoring program.
Proof of Native
American monitoring
during grading.
Meeting attendance
sheet.
Report summarizing
periodic inspections of
the excavations.
City of Murrieta Planning
Division
Murrieta Hot Springs at Jefferson Residences
Initial Study and Mitigated Negative Declaration
3 Mitigation Measures (MMs) Implementation Timing
Monitoring/
Reporting Methods
Responsible for Approval/
Monitoring
Verification
Date Initials
resources appears to be less than anticipated.
• Isolates and clearly non -significant deposits will be minimally documented in the field in order that the
monitored grading can proceed.
• In the event that previously unidentified cultural
resources are discovered, the archaeologist shall have
the authority to divert o r temporarily halt ground
disturbance operation in the area of discovery to
allow for the evaluation of potentially significant
cultural resources. The archaeologist shall contact the City of Murrieta at the time of discovery. The
archaeologist, in consult ation with the City, shall
determine the significance of the discovered
resources. The City must concur with the evaluation
before construction activities will be allowed to
resume in the affected area. For significant cultural
resources, a Research Design and Data Recovery
Program to mitigate impacts shall be prepared by the
consulting archaeologist and approved by the City
before being carried out using professional
archaeological methods. If any human bones are
discovered, the Riverside County Coroner’s Office and
City shall be contacted. In the event that the remains
are determined to be of Native American origin, the
Most Likely Descendant, as identified by the Native
American Heritage Commission, shall be contacted in
order to determine proper treatmen t and disposition
of the remains.
• Before construction activities are allowed to resume
in the affected area, the artifacts shall be recovered
and features recorded using professional
archaeological methods. The project archaeologist
shall determine the amo unt of material to be
recovered for an adequate artifact sample for
In the event that
previously unidentified
cultural resources are
discovered.
Before construction
activities are allowed to
resume in the affected
area.
Research Design and
Data Recovery
Program
Proof of artifact
recovery and
recordation.
Murrieta Hot Springs at Jefferson Residences
Initial Study and Mitigated Negative Declaration
4 Mitigation Measures (MMs) Implementation Timing
Monitoring/
Reporting Methods
Responsible for Approval/
Monitoring
Verification
Date Initials
analysis.
• All cultural material collected during the grading
monitoring program shall be processed and curated
according to the current professional repository
standards. The collections a nd associated records
shall be transferred, including title, to an appropriate curation facility, to be accompanied by payment of
the fees necessary for permanent curation.
• A report documenting the field and analysis results
and interpreting the artifact and research data within
the research context shall be completed and
submitted to the satisfaction of the lead agency prior
to the issuance of any building permits. The report will include State of California Department of Parks and
Recreation Primary and Archaeological Site Forms.
Prior to building permit
issuance.
Proof of transfer to an
appropriate curation
facility.
Report documenting
the field and analysis
results.
Geology and Soils
MM GEO-1: Prior to the issuance of grading permits, the City shall review all project plans for grading, foundation, structural, infrastructure, and all other relevant construction permits to ensure compliance with the Geotechnical Exploration Study recommendations.
Prior to grading permit
issuance.
Verify project plan
compliance with
geotechnical
recommendations.
City of Murrieta Planning
and Building Divisions
MM GEO -2: Paleontological Mitigation Monitoring and
Reporting Program. Prior to the issuance of the first grading permit or permit for ground disturbance activities, the applicant shall provide evidence of retention of a qualified professional paleontologist to the City of Murrieta Planning and Building Divisions. The qualified paleontologist shall implement the recommended Paleontological Mitigation Monito ring and
Reporting Program (MMRP) outlined in the Paleontological Assessment prepared for the project. The Paleontological MMRP would identify specific procedures for monitoring during excavation of specific geological soils with high probability of Prior to the issuance of
the first grading permit
or permit for ground
disturbance activities.
Retention of a
qualified professional
paleontologist.
Implementation of a
Paleontological
MMRP.
City of Murrieta Planning
and Building Divisions
Murrieta Hot Springs at Jefferson Residences
Initial Study and Mitigated Negative Declaration
5 Mitigation Measures (MMs) Implementation Timing
Monitoring/
Reporting Methods
Responsible for Approval/
Monitoring
Verification
Date Initials
containing fossil resources. Additionally, the Paleontological MMRP would outline instructions during accidental discovery of paleontological resources as well as salvage parameters. Lastly, preparation of a final report of findings and significance including list of all fossils recovered shall be submitted to the City of Murrieta to signify satisfactory completion of the monitoring program.
Preparation of a final
report of findings and
significance including
list of all fossils
recovered.
Tribal Cultural Resources
MM TCR-1: Archaeological Monitoring:
At least 30-days prior to grading permit issuance and before any grading, excavation, and/or ground -disturbing activities on the site take place, the project permittee/owner shall retain a Riverside County-certified archaeological monitor to monitor all ground-disturbing activities in an effort to identify any unknown archaeological resources. Prior to grading, the project permittee/owner shall provide to the City verification that a certified archaeological monitor has been retained. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation.
The Project Archaeologist and the Tribal monitor(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologi st and the Tribal monitor(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special int erest or tribal monitors.
At least 30-days prior to
grading permit issuance
and before any grading,
excavation, and/or
ground-disturbing
activities on the site
take place.
Submit a fully executed
copy of the contract to
the Community
Development
Department Riverside
County showing that a
certified archaeological
monitor has been
retained.
Monthly monitoring
reports.
City of Murrieta Planning
Division
Murrieta Hot Springs at Jefferson Residences
Initial Study and Mitigated Negative Declaration
6 Mitigation Measures (MMs) Implementation Timing
Monitoring/
Reporting Methods
Responsible for Approval/
Monitoring
Verification
Date Initials
The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this condition of approval. Upon verification, the Community Development Department shall clear this condition.
The Project archeologist and the Consulting Tribes(s) 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 Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; t he protocols that apply in the event inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new constr uction personnel that will conduct earthwork or grading activities that begin work on the Project following the initial Training must take the Cultural Sensitivity Training prior to beginning work and the Project archaeologist and Consulting Tribe(s) shall make themselves available to provide the training on an as -needed basis.
A final report documenting the monitoring activity and
disposition of any recovered cultural resources shall be submitted to the City of Murrieta, Eastern Information Center and the consulting tribe(s) within 60 days of completion of monitoring.
Pre-grading
attendance sheet and
minutes.
Submittal of final
monitoring report.
MM TCR-2: Cultural Resource Monitoring Plan (CRMP):
The Project Archaeologist, in consultation with consulting tribes, the permittee/owner, and the City, shall develop an
Prior to the issuance of
a grading permit.
City-approved CRMP.
Murrieta Hot Springs at Jefferson Residences
Initial Study and Mitigated Negative Declaration
7 Mitigation Measures (MMs) Implementation Timing
Monitoring/
Reporting Methods
Responsible for Approval/
Monitoring
Verification
Date Initials
Archaeological Monitoring Plan to address the details, timing, and responsibility of all archaeological and cultural activities that will occur on the project site. Details in the plan shall include:
a. Project grading and development scheduling;
b. The development of a monitoring schedule in
coordination with the permittee/owner during grading,
excavation and ground- disturbing activities on the site:
including the scheduling, safety requirements, duties,
scope of work, and Monitors’ authority to stop and
redirect grading activities in coordination with all
project archaeologists; and,
The protocols and stipulat ions that the permittee/owner, City, Tribes, 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.
City of Murrieta Planning
Division
MM TCR-3: Native American Monitoring: Native American Tribal monitors shall also participate in monitoring of ground-disturbing activity. At least 30 days prior to issuance of grading permits, the Applicant shall consult with the Consulting Tribe(s) per the requirements in the CRMP.
At least 30 days prior to
issuance of grading
permits.
Proof of consultation City of Murrieta Planning
Division
MM TCR-4: Disposition of Cultural Resources: In the event that Native American cultural resources are inadvertently discovered during the course of grading for this project, one or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be submitted to the City of Murrieta Planning Department:
In the event that Native
American cultural
resources are
inadvertently discovered
during the course of
grading for this project.
Letter from project
archaeologist stating
resources were
preserved in place; or
Confidential exhibit
depicting and
City of Murrieta Planning
Division
Murrieta Hot Springs at Jefferson Residences
Initial Study and Mitigated Negative Declaration
8 Mitigation Measures (MMs) Implementation Timing
Monitoring/
Reporting Methods
Responsible for Approval/
Monitoring
Verification
Date Initials
1) Preservation-in-place means avoiding the resources, leaving them in the place where they were found with
no development affecting the integrity of the resource. 2) On-site reburial of the discovered items as detailed in the CRMP required pursuant to Miti gation Measure
TCR-2. 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. Any reburial process
shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the
confidential Phase IV report. The Phase IV report shall be filed with the City under a confidential cover and not subject to Public Records Requests.
3) Curation. The permittee/owner shall relinquish
ownership of all cultural resources, including sacred
items, burial goods, and all archaeological artifacts and non-human remains as part of the required mitigation
for impacts to cultural resources, and adhere to the
following:
a. A curation agreement with an appropriate
qualified repository within Riverside County that
meets federal standards per 36 Code of Federal
Regulations 800 Part 79 and therefore would be
curated and made available to other
archaeologists/researchers for further study. The
collections and associated records shall be
transferred, including title, to an appropriate
curation facility within Riverside County, to be
describing the
Preservation Site(s).
Murrieta Hot Springs at Jefferson Residences
Initial Study and Mitigated Negative Declaration
9 Mitigation Measures (MMs) Implementation Timing
Monitoring/
Reporting Methods
Responsible for Approval/
Monitoring
Verification
Date Initials
accompanied by payment of the fees necessary
for permanent curation.
MM TCR-5: Human remains: If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur within 100 feet until the Riverside County Coroner has made the necessary findings as to origin.
Further, pursuant to California Public Resources C ode Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Her itage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendants(s)" for purposes of receiving notification of discovery. The most likely descendant(s) shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98.
If human remains are
encountered during
project construction.
Project map showing
proof of buffer area.
City of Murrieta Planning
Division
MM TCR - 6: Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted pri or to project approval, the following procedures shall be followed.
i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a
meeting is convened between the developer, the
archaeologist, the tribal representative(s) and the
Community Development Director to discuss the
significance of the find.
If during ground
disturbance activities,
unique cultural
resources are
discovered that were
not assessed by the
archaeological report(s)
and/or environmental
assessment conducted
prior to project
approval.
Project map showing
buffer area.
City of Murrieta Planning
Division
Murrieta Hot Springs at Jefferson Residences
Initial Study and Mitigated Negative Declaration
10 Mitigation Measures (MMs) Implementation Timing
Monitoring/
Reporting Methods
Responsible for Approval/
Monitoring
Verification
Date Initials
ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal
representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community
Development Director, as to the appropriate mitigation
(documentation, recovery, avoidance, etc.) for the cultural resources.
iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all part
ies as to the appropriate
mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed.
iv. Treatment and avoidance of the newly discovered
resources shall be consistent with the Cultural Resources Management Plan and Monitoring Agreements entered
into with the appropriate tribes. This may include
avoidance of the cultural resources through project
design, in -place preservation of cultural resources
located in native soils and/or re -burial on the Project property so they are not subject to further disturbance in perpetuity as identified in Non- Disclosure of Reburial Condition.
v. If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III da ta recovery plan shall be prepared by the project archeologist, in
consultation with the Tribe, and shall be submitted to the City for their review and approval prior to implementation of the said plan.
vi. Pursuant to PRC §21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s)
cannot agree on the significance or the mitigation for the Meeting attendance
list and minutes that
include mitigation for
the cultural resources,
if any.
Affidavit signed by
project archaeologist
and
applicant/contractor.
Submittal of treatment
plan for discovered
resources, approved by
City.
Approved Phase III
data recovery plan, if
applicable.
Determination by City
Community
Murrieta Hot Springs at Jefferson Residences
Initial Study and Mitigated Negative Declaration
11 Mitigation Measures (MMs) Implementation Timing
Monitoring/
Reporting Methods
Responsible for Approval/
Monitoring
Verification
Date Initials
archaeological or cultural resources, these issues will be presented to the Cit y Community Development Director
for decision. The City Community Development Director
shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe.
Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Pl anning Commission
and/or City Council.”
Development
Directory, if needed.
MM TCR-7: Archeology Report – Phase IV: At the completion of grading, excavation, and ground disturbing activities on -site, a Phase IV Monitoring Report shall be submitted to the City documenting monitoring activities conducted by the Project Archaeologist and Native American Tribal Monitors within 60 days of completion of grading. This report shall document the impacts to the known resources on the property; describe how each mitigation measure was fulfilled; document the type of cultural resources recovered and the disposition of such resources; provi de evidence of the required cultural sensitivity training for the construction staff held during the required pre - grade meeting; and, in a confidential appendix, include the daily/weekly monitoring notes from the archaeologist. All reports produced will be submitted to the City of Murrieta, Eastern Information Center and Consulting tribes.
Within 60 days of
completion of grading,
excavation, and ground
disturbing activities on-
site.
Submittal of Phase IV
Monitoring Report.
City of Murrieta Planning
Division
MM TCR -8: Non-Disclosure of Reburials Location. 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 In the event that Native
American cultural
resources are
discovered during the
course of grading.
Affidavit of
understanding signed
by all parties.
City of Murrieta Planning
Division
Murrieta Hot Springs at Jefferson Residences
Initial Study and Mitigated Negative Declaration
12 Mitigation Measures (MMs) Implementation Timing
Monitoring/
Reporting Methods
Responsible for Approval/
Monitoring
Verification
Date Initials
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).