Mitigation Monitoring and Reporting Program
Initial Study/Mitigated Negative Declaration
Alice and Willow Avenue
Warehouse Project
MAY 2023
Prepared for:
CITY OF RIALTO
Community Development Department
150 S. Palm Avenue
Rialto, California 92376
Contact: Mr. Daniel Casey
Prepared by:
2280 Historic Decatur Road #200
San Diego, California 92106
Contact: Kristen Stoner
Printed on 30% post-consumer recycled material.
14856 i MAY 2023
Table of Contents
SECTION PAGE NO.
1 Introduction .......................................................................................................................................................... 1 2 Mitigation Monitoring and Reporting Program Table ......................................................................................... 3 TABLE
1 Mitigation Monitoring and Reporting Program ................................................................................................... 3
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1 Introduction
The California Environmental Quality Act (CEQA) requires that a public agency adopting a Mitigated Negative Declaration (MND) take affirmative steps to determine that approved mitigation measures are implemented after project approval. The lead or responsible agency must adopt a reporting and monitoring program for the mitigation measures incorporated into a project or included as conditions of approval. The program must be designed to ensure compliance with the MND during project implementation (California Public Resources Code, Section 21081.6(a)(1)).
This Mitigation Monitoring and Reporting Program (MMRP) will be used by the City of Rialto (City) to ensure compliance with adopted mitigation measures identified in the MND for the proposed Alice and Willow Avenue Warehouse Project (project) located at the southwest corner of West Valley Boul evard and South Alice Avenue in Rialto, California (project) when construction begins. The City, as the lead agency, will be responsible for ensuring that all mitigation measures are carried out. Implementation of the mitigation measures would reduce impacts to below a level of signi ficance for biological resources, cultural resources, geology and soils (paleontological resources), and tribal cultural resources.
The remainder of this MMRP consists of a table that identifies the mitigation measures by resource for each project component. Table 1 identifies the mitigation monitoring and reporting requirements, list of mitigation measures, party responsible for implementing mitigation measures, timing for implementation of mitigation measures, agency responsible for monitoring of implementation, and date of completion. With the MND and related documents, this MMRP will be kept on file at the following location:
City of Rialto
Community Development Department
150 South Palm Avenue
Rialto, California 92376
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2 Mitigation Monitoring and Reporting Program Table
Table 1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Implementation
Timing
Party Responsible
for Implementation
Party Responsible
for Monitoring
Date of Completion/
Notes
Biological Resources
MM-BIO-1: The construction contractors contract
specifications shall include the following
requirements: “Construction activities should avoid
the migratory bird nesting season (typically February
1 through August 31), to reduce any potential
significant impact to birds that may be nesting on
the study area. If construction activities must occur
during the migratory bird nesting season, an avian
nesting survey of the project site and contiguous
habitat within 500 feet of all impact areas must be
conducted for protected migratory birds and active
nests. The avian nesting survey shall be performed
by a qualified wildlife biologist within 72 hours prior to the start of construction in accordance with the
Migratory Bird Treaty Act (16 USC 703–712) and
California Fish and Game Code, Sections 3503,
3503.5, and 3513. If an active bird nest is found,
the nest shall be flagged and mapped on the
construction plans along with an appropriate no-
disturbance buffer, which will be determined by the
biologist based on the species’ sensitivity to
disturbance (typically 300 feet for passerines and
500 feet for raptors and special-status species). The
nest area shall be avoided until the nest is vacated
and the juveniles have fledged. The nest area shall
be demarcated in the field with flagging and stakes
or construction fencing.”
Prior to and during
construction
Project applicant and
their construction
contractor
City of Rialto
Alice and Willow Avenue Warehouse Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration
14856 4 MAY 2023
Table 1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Implementation
Timing
Party Responsible
for Implementation
Party Responsible
for Monitoring
Date of Completion/
Notes
Cultural Resources
MM-CUL-1: Workers Environmental Awareness
Program. Prior to the start of construction activities, all construction personnel and monitors shall be
trained regarding identification and treatment
protocol for inadvertent discoveries of cultural
resources (archaeological and tribal) and human
remains. A basic presentation and handout or
pamphlet shall be prepared in order to ensure
proper identification and treatment of inadvertent
discoveries of cultural resources and human
remains. The purpose of the Workers Environmental
Awareness Program (WEAP) training is to provide
specific details on the kinds of materials that may be
identified during ground disturbing activities and
explain the importance of and legal basis for the
protection of human remains and significant cultural
resources. Each worker shall also be trained in the
proper procedures to follow in the event that cultural
resources or human remains are uncovered during
ground disturbing activities. These procedures
include but are not limited to work curtailment or
redirection, and the immediate contact of the site
supervisor and archaeological monitoring staff.
Prior to
construction
Project applicant and
their construction
contractor
City of Rialto
MM-CUL-2: Retention of an On-Call Qualified
Archaeologist. A qualified archaeologist shall be
retained and on-call to respond and address any
inadvertent discoveries identified project
implementation. Additionally, in consideration of the
potential to encounter intact cultural deposits
beneath fill soils, the qualified archaeologist shall
survey the Project site once fill soils have been
removed to ensure no cultural deposits underly the
During
construction
Project applicant and
their construction
contractor
City of Rialto
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Table 1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Implementation
Timing
Party Responsible
for Implementation
Party Responsible
for Monitoring
Date of Completion/
Notes
fill layer. If is determined, based on the
aforementioned survey, that cultural resources are
present or may be present and may be impacted
during Project construction, monitoring may be
warranted. Additionally, any identified cultural
resources shall be assessed and evaluated pursuant
to CEQA. If it is determined that monitoring is
warranted, a qualified archaeological principal
investigator, meeting the Secretary of the Interior’s
Professional Qualification Standards, shall oversee
and adjust monitoring efforts as needed (increase,
decrease, or discontinue monitoring frequency)
based on the observed potential for construction
activities to encounter cultural deposits or material.
The archaeological monitor will be responsible for
maintaining daily monitoring logs.
MM-CUL-3: Inadvertent Discovery Clause. In the
event that potential archaeological resources (sites,
features, or artifacts) are exposed during ground
disturbing, all construction work occurring not less
than 100 feet of the find shall immediately stop and
the qualified archaeologist that has been retained
on call must be notified immediately to assess the
significance of the find and determine whether or
not additional study is warranted. Depending upon
the significance of the find under the CEQA, the
archaeologist may simply record the find and allow
work to continue. If the discovery proves significant
under CEQA, additional work (e.g., preparation of an
archaeological treatment plan, testing, data
recovery, or monitoring) may be warranted if the
resource cannot be feasibly avoided.
During
construction
Project applicant and
their construction
contractor
City of Rialto
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14856 6 MAY 2023
Table 1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Implementation
Timing
Party Responsible
for Implementation
Party Responsible
for Monitoring
Date of Completion/
Notes
In the event that human remains are inadvertently
encountered during construction activities, the
remains and associated resources shall be treated
in accordance with state and local regulations that
provide requirements with regard to the discovery of
human remains, including California Health and
Safety Code Section 7050.5, California Public
Resources Code Section 5097.98, and CEQA
Guidelines Section 15064.5(e). In accordance with
these regulations, if human remains are found, the
County Coroner must be immediately notified of the
discovery. No further excavation or disturbance of
the Project site or any nearby (no less than 100 feet)
area reasonably suspected to overlie adjacent
remains can occur until the County Coroner has
determined if the remains are potentially human in
origin. If the County Coroner determines that the
remains are, or are believed to be, Native American,
he or she is required to notify the NAHC that shall
notify those persons believed to be the most likely
descendant. The most likely descendant shall
determine, in consultation with the property owner,
the disposition of the human remains.
Geology and Soils
MM-GEO-1: Inadvertent Discovery Clause. In the
event that paleontological resources (e.g., fossils)
are exposed during construction activities for the
project, all construction work occurring within 100
feet of the find shall immediately stop until a
qualified paleontologist meeting the professional
standards of the Society of Vertebrate Paleontology
can evaluate the significance of the find and
determine whether or not additional study is
During
construction
Project applicant and
their construction
contractor
City of Rialto
Alice and Willow Avenue Warehouse Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration
14856 7 MAY 2023
Table 1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Implementation
Timing
Party Responsible
for Implementation
Party Responsible
for Monitoring
Date of Completion/
Notes
warranted. If the discovery is clearly not significant, the paleontologist may document the find and allow
work to continue. If the discovery proves potentially
significant under CEQA, additional work such as
preparation of a paleontological treatment plan and
monitoring in the area of the find may be warranted.
Tribal Cultural Res ources
MM-TCR-1: Workers Environmental Awareness
Program. All Consulting Tribes shall be notified by
the applicant/owner/developer of the time and
location of the Worker Environmental Awareness
Program (WEAP) training no later than 72 hours prior
to its scheduled occurrence. The
applicant/owner/developer shall provide all
Consulting Tribes access and opportunity to
participate in the WEAP training. Further details and
requirements pertaining to the WEAP training, please
Cultural Resources mitigation measure CUL-1.
Prior to
construction
Project applicant and
their construction
contractor
City of Rialto
MM-TCR-2: Retention of a Native American
Monitoring. Prior to any ground disturbance
activities, the applicant/owner/developer shall
contact all Consulting Tribes with notification of the
approximate commencement of ground disturbing
activities. The applicant/owner/developer shall
make arrangements with the Consulting Tribes to
enter into a Native American Monitoring Agreement
with the intent of securing a total of one Native
American monitor (from any Tribe under contract) to
be present during initial ground disturbance
occurring from 1 foot above native soils and below.
Initial ground disturbance is defined as initial
construction-related earthmoving of sediments from
During
construction
Project applicant and
their construction
contractor
City of Rialto
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Table 1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Implementation
Timing
Party Responsible
for Implementation
Party Responsible
for Monitoring
Date of Completion/
Notes
their place of deposition. As it pertains to cultural
resource (archaeological or Native American)
monitoring, this definition excludes movement of
sediments after they have been initially disturbed or
displaced by current Project-related construction.
The timing of when cultural resource monitoring
(archaeological and Native American) shall be
required shall be outlined in the Cultural Resource
Monitoring and Inadvertent Discovery Plan pursuant
to MM-CUL-1. The Plan shall be provided to each
Consulting Tribe under contract prior to
commencement of ground disturbing activities. More
than one monitor may be required if multiple areas
within the Project site are simultaneously exposed to
initial ground disturbance causing monitoring to be
hindered by the distance (more than 100 feet apart)
of the simultaneous activities. If more than one of
the Consulting Tribes would like to serve as a
contracted monitoring entity, each Consulting Tribe
shall be retained under contract with the
applicant/owner/developer and monitoring shall
occur on a nonsynchronous, rotational basis allowing
each Consulting Tribe the opportunity to monitor as
equally as possible based on the construction
schedule and availability of each Consulting Tribe’s
monitors.
MM-TCR-3: Inadvertent Discovery Clause. In the
event that potential prehistoric or historic-era Native American/Tribal resources (sites, features, or
artifacts) are exposed during construction activities
for the project, all construction work occurring not
less than 50 feet of the find shall immediately stop
and all Consulting Tribes must be notified
immediately and be consulted with throughout the
During
construction
Project applicant and
their construction
contractor
City of Rialto
Alice and Willow Avenue Warehouse Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration
14856 9 MAY 2023
Table 1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Implementation
Timing
Party Responsible
for Implementation
Party Responsible
for Monitoring
Date of Completion/
Notes
assessment of the find and determination of
whether or not additional study is warranted.
Depending upon the nature of the discovery, the
archaeologist may simply record the find and allow
work to continue. If the discovery proves potentially
significant under CEQA, additional work such as
subsurface testing may be warranted. If the
discovery is determined significant under CEQA and
avoidance is not feasible, data recovery shall be
required.
In the event that human remains and associated
funerary objects are inadvertently encountered
during construction activities, the remains and
funerary objects shall be treated in accordance with
state and local regulations that provide
requirements with regard to the accidental discovery
of human remains, including California Health and
Safety Code Section 7050.5, California Public
Resources Code Section 5097.98, and CEQA
Guidelines Section 15064.5(e). In accordance with
these regulations, if human remains are found, the
County Coroner must be immediately notified of the
discovery. Additionally, all Consulting Tribes must be
notified of the discovery immediately. No further
excavation or disturbance within no less than 100
feet of the discovery or any area reasonably
suspected to overlie adjacent remains can occur
until the County Coroner has determined if the
remains are human in origin. If the County Coroner
determines that the remains are, or are believed to
be, Native American, he or she is required to notify
the NAHC within 24 hours. The NAHC must
immediately notify those persons it believes to be
Alice and Willow Avenue Warehouse Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration
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Table 1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Implementation
Timing
Party Responsible
for Implementation
Party Responsible
for Monitoring
Date of Completion/
Notes
the most likely descendant from the deceased
Native American. The most likely descendant shall
then determine, in consultation with the property
owner, the disposition and treatment of the human
remains.