Rusnak Porsche Dealership Project Draft Mitigation Monitoring Program July 2022 Page 1
DRAFT MITIGATION MONITORING PROGRAM
Mitigation Measure Timeframe of Mitigation
Monitoring,
Enforcement,
and Reporting
Responsibility
CULTURAL RESOURCES
General Plan Mitigation Measure 4-1. If cultural resources are discovered during construction of land development projects in Pasadena that may be eligible for listing in the California Register for Historical Resources, all ground-disturbing activities in the immediate vicinity of the find shall be halted until the find is evaluated by a Registered Professional Archaeologist. If testing determines that significance criteria are met, then the project shall be required to perform data recovery, professional identification, radiocar bon dates as applicable, and other special studies; and provide a comprehensive final report including site record to the City and the South Central Coastal Information Center at California State University Fullerton.
No further grading shall occur in the area of the discovery until Planning Department approves the report.
Pre-construction and during
construction
Planning &
Community
Development
Department
HAZARDOUS MATERIALS
MM HAZ -1: Hazardous Building Materials Abatement. Prior to building demolition, the following activities shall be implemented:
A. The applicant shall retain a State of California -licensed asbestos/lead abatement contractor to conduct surveys to identify the potential presence of asbestos containing material (ACM) and lead- based paint (LBP).
B. In the event that ACM and/or LBP are detected, the State of California -licensed asbestos/lead abatement contractor shall perform ACM and/or LBP abatement in accordance with federal, state, and local regulations, including those of the U.S. Environmental Protection Agency, Occupational Safety and Health Administration, California Occupational Safety and Health Administration, and the South Coast Air Quality Management District.
C. The asbestos/lead abatement contractor shall provide wr itten notification to the local CalOSHA district office regarding its “Intent to Conduct Asbestos Related Work” and/or “Intent to Conduct Lead-Related Work.” These notifications shall be submitted at least 24 hours in advance of performing the respective asbestos-related or lead-related work.
Survey: Prior to demolition
Removal/Abatement: During
demolition
Planning &
Community
Development
Department,
Building &
Safety Division
ATTACHMENT D
Rusnak Porsche Dealership Project Draft Mitigation Monitoring Program July 2022 Page 2
Mitigation Measure Timeframe of Mitigation
Monitoring,
Enforcement,
and Reporting
Responsibility
D. Other potentially hazardous building materials, including mercury -containing equipment, polychlorinated biphenyl (PCB) -containing equipment, lead -containing batteries, chlorofluorocarbon (CFC) -containing equipment, and Universal Wastes (e.g., fluorescent light tubes), shall be segregated and may require further testing and analysis to determine whether they meet the definition of a hazardous waste in California and can be managed under the Universal Waste Rules. Hazardous wastes shall only be handled by properly trained workers.
E. Notification shall be provided to contractor and subcontractor personnel as to the presence of ACMs, asbestos-containing construction materials, LBPs, and other hazardous building materials at the site.
F. All ACMs removed from on -site structures are to be hauled and disposed of by a transportation company certified to handle asbestos and hazardous materials.
MM HAZ-2: Hazardous On-site Contamination. Prior to the issuance of the Project grading permits, the applicant shall conduct additional characterization of the Project site to delineate the exte nt of volatile organic compounds (VOCs) contaminated soils associated with the historical uses of the site. Construction of the Project may not commence until it has been confirmed that soil vapor or soil matrix is not impacted or has been remediated.
If the contaminated soil exceeds the applicable regulatory standards (i.e., DTSC Human Health Risk Assessment Screening Levels), a remedial action plan shall be prepared and include measures to remove or protect against the contaminated conditions, which may include soil removal, installation of passive venting and a membrane be implemented with the sub -slab design, other vapor barriers and venting systems, and ongoing monitoring of soil vapors, if future construction is planned for the identified affected areas. The remedial action plan must be approved by the Pasadena Fire Department and implemented to the satisfaction of the Pasadena Fire Department, which serves as the CUPA.
Pre-construction and prior to
issuance of grading permits, during
excavation and construction, and on-
going during operations (monitoring,
as recommended by the CUPA)
Planning &
Community
Development
Department,
Pasadena Fire
Department
Rusnak Porsche Dealership Project Draft Mitigation Monitoring Program July 2022 Page 3
Mitigation Measure Timeframe of Mitigation
Monitoring,
Enforcement,
and Reporting
Responsibility
TRIBAL CULTURAL RESOURCES
MM TCR-1: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities.
A. The Project applicant shall retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject Project at all Project locations (i.e., both on -site and any off-site locations that are included in the Project description/definition and/or required in connection with the Project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.
B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground -disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.
C. The monitor will complete daily monitoring logs that will describe the relevant ground -disturbing activities, the type of construction activities performed, locations of ground - disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered resources including but not limited to Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project applicant/lead agency upon written request to the Tribe.
D. On-site tribal monitoring shall conclude upon the latter of the following (1) written co nfirmation to the Kizh from a designated point of contact for the Project applicant/lead agency that all ground - disturbing activities and phases that may involve ground-disturbing activities on the Project site or in connection with the Project are complete; or (2) a determination and written notification by the Kizh to the Project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the Project site possesses the potential to impact Kizh TCRs.
Pre-construction and during
demolition, excavation, and grading
Planning &
Community
Development
Department
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Mitigation Measure Timeframe of Mitigation
Monitoring,
Enforcement,
and Reporting
Responsibility
MM TCR-2: Unanticipated Discovery of Human Remains and Associated Funerary Objects A. Native American human remains are defined in Public Resources Code 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute.
B. If Nati ve American human remains and/or grave goods are discovered or recognized on the Project site, then all construction activities shall immediately cease. Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County coroner and all ground-disturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed.
C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code Section 5097.98(d)(1) and (2).
D. Construction activities may resume in other parts of the Project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kiz h determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the Project manager express consent of that determination (along with any other mitigation measures the Kizh monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5[f]) E. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any historic archaeological material that is not Native American in origin (non-TCR) shall be curated at a public, nonprofit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institut ion accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes.
During demolition, excavation, and
grading
Planning &
Community
Development
Department
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Mitigation Measure Timeframe of Mitigation
Monitoring,
Enforcement,
and Reporting
Responsibility
F. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.
TCR-3: Procedures for Burials and Funerary Remains:
A. As the most likely descendant (“MLD”), the Koo -nas-gna Burial Policy shall be implemented. To the Tribe, the term “human remains” encompasses more than human bones. In ancient as well as historic times, tribal traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains.
B. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created.
C. The prepared soil and cremation soils are to be treated in the same m anner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials.
D. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains . If this type of steel plate is not available, a 24 -hour guard should be posted outside of working hours. The Tribe will make every effort to recommend diverting the Project and keeping the remains in situ and protected. If the Project cannot be diverted, it may be determined that burials will be removed.
E. In the event preservation in place is not possible despite good faith efforts by the Project applicant/developer and/or landowner, before ground -disturbing activities may resume on the Project site, th e landowner shall arrange a designated site location within the footprint of the Project for the respectful reburial of the human remains and/or ceremonial objects.
During demolition, excavation, and
grading
Planning &
Community
Development
Department
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Mitigation Measure Timeframe of Mitigation
Monitoring,
Enforcement,
and Reporting
Responsibility
F. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on -site if possible. These items should be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the Project site but at a location agreed upon between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.
G. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes.