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Mitigated Negative Declaration 5.0 MMRP
Lead Agency: City of Rialto Page 5-1
5.0 MITIGATION, MONITORING, AND REPORTING PROGRAM (MMRP) Impact Mitigation Measure (MM) Responsible Party Monitoring Party Implementation Stage
Level of
Significance
Biological Resources
Threshold d: Upon
mandatory compliance
with applicable federal
and State regulations, the
Project would not result in
substantial adverse effects
to nesting and migratory
birds. Nonetheless,
mitigation is provided to
ensure compliance with
applicable regulatory
requirements.
MM BIO -1: If constructi on commences
between February 1 and August 31, within
30 days of mobilizing construction
equipment to the Project Site, all on -Site
trees and trees within 500 feet of the Project
Site shall be inspected by a qualified biologist
for the presence of nesting birds. If the
survey reveals no active nesting,
construction may proceed without
restriction. If the survey identifies the
presence of active sensitive migratory bird
nests, then the nests shall not be disturbed
unless the qualified biologist verifies through
non-
invasive methods that either (i) the
adult birds have not begun egg -laying and
incubation; or (ii) the juveniles from the
occupied nests are capable of independent
survival. If the biologist is not able to verify
these conditions, then no distur bance shall
occur within a buffer zone specified by the
qualified biologist for each nest or nesting
site. The buffer zone shall be species-
appropriate (no less than 100 -
foot radius
around the nest for non-raptors and no more
than a 500 -foot radius around the nest for
raptors) and shall be sufficient to protect the
nest from direct and indirect impacts from
construction activities, The size and location
of buffer zones, if required, shall be based on
consultation with the California Department
of Fish and W ildlife and the U.S. Fish and
Wildlife Service and shall be subject to
review and approval by the City of Fontana.
The nests and buffer zones shall be field
checked weekly by a qualified biological
monitor. The approved buffer zone shall be
Project Applicant;
Project Biologist
City of Rialto
Community
Development
Department (Planning
and Building & Safety
Divisions)
Within 30 days
prior to initiation
of grading
activities.
Less-than-
Significant Impact
436 West Rialto Avenue
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Lead Agency: City of Rialto Page 5-2
Impact Mitigation Measure (MM) Responsible Party Monitoring Party Implementation Stage
Level of
Significance
marked in the f ield with construction
fencing, within which no vegetation clearing
or ground disturbance shall commence until
the qualified biologist verifies that any nest
is no longer occupied and/or juvenile birds
can survive independently from the nests.
Cultural Resources
Threshold b: There is
potential for the Project to
directly or indirectly
destroy unknown,
important archaeological
resources that may be
buried or masked on the
Project site.
MM CR-1: Prior to the issuance of a grading
permit, the Project Applicant shall provide
evidence to the City of Rialto that an
archaeologist that meets the latest version of
the Secretary of the Interior Professional
Qualifications Standards (hereafter “Project
Archaeologist”) has been retained to conduct
the training and monitoring activities
described in Mitigation Measure CR -2 and
Mitigation Measure CR-3.
Project Applicant;
Project Archaeologist
City of Rialto
Community
Development
Department (Planning
Division)
Prior the issuance
of a grading
permit.
Less-than-
Significant Impact
with Mitigation
Incorporated
MM CR-2: Prior to the issuance of a grading
permit, the Project Applicant or construction
contractor shall provide evidence to the City
of Rialto that the construction site supervisors
and crew members involved with grading and
trenching operations have received training
by the Project Archaeologist to recognize
prehistoric archaeological resources (historic
and prehistoric) should such resources be
unearthed during ground -disturbing
construction activities. The training will
include a brief review of the cultural
sensitivity of the area; what resources could
potentially be identified during earthmoving
activities; the requirements of the monitoring
program; the protocols that apply in the
event i nadvertent discoveries of
archaeological resources are identified,
including who to contact and appropriate
avoidance measures until the find(s) can be
Project Applicant;
Project Archaeologist
City of Rialto
Community
Development
Department (Planning
Division)
Prior the issuance
of a grading
permit.
436 West Rialto Avenue
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Lead Agency: City of Rialto Page 5-3
Impact Mitigation Measure (MM) Responsible Party Monitoring Party Implementation Stage
Level of
Significance
properly evaluated; and any other
appropriate protocols. All new supervisorial
construction personnel involved with grading
and trenching operations that begin work on
the Project Site after the initial training
session must take the training prior to
beginning work on-site.
MM CR -3: The Project Archaeologist shall
conduct monitoring during all grading,
trenching, and excavation activities that occur
within previously undisturbed on the Project
Site (i.e., soils below the on -
site layer of
artificial fill). The Project Archaeologist shall
be equipped to salvage artifacts if they are
unearthed to avoid construction delays.
Should the Project Archaeologist determine
that there are no archaeological res ources
within the Project’s disturbance area or
should the archaeological sensitivity be
reduced to low during construction activities,
archaeological monitoring activities can be
reduced to spot -checking or may shall be
allowed to cease.
Project Applicant;
Project Archaeologist
City of Rialto
Community
Development
Department (Planning
Division)
During grading,
trenching, and
excavation
activities.
MM CR -4: If a suspected significant
archaeological resource is found, the
construction supervisor shall i mmediately
halt grading operations within a 50 -foot
radius around the find (“buffer area”),
redirect grading operations outside of the
buffer area, and seek identification and
evaluation of the suspected resource by the
Project Archaeologist. This requirement shall
be noted on all grading plans and the
construction contractor shall be obligated to
comply with the note. The Project
Archaeologist shall evaluate the suspected
resource and make a determination of
Project Applicant;
Project Archaeologist
City of Rialto
Community
Development
Department (Planning
Division)
If a significant
archaeological
resource is
discovered on the
property.
436 West Rialto Avenue
Mitigated Negative Declaration 5.0 MMRP
Lead Agency: City of Rialto Page 5-4
Impact Mitigation Measure (MM) Responsible Party Monitoring Party Implementation Stage
Level of
Significance
significance pursuant to CEQA Guidelines
Section 15064.5 and California Public
Resources Code Section 21083.2. If the
resource is significant, Mitigation Measure
CR-5 shall apply.
MM CR -5: If a significant archaeological
resource is discovered, ground disturbing
activities shall be suspended 50 feet around
the resource until a treatment plan is
implemented. A treatment plan shall be
prepared and implemented, subject to
approval by the City of Rialto, to protect the
identified resource(s) from damage and
destruction. The treatment plan shall contain
a research design and data recovery program
necessary to doc ument the size and content
of the discovery such that the resource(s) can
be evaluated for significance under CEQA
criteria. The research design shall list the
sampling procedures appropriate to exhaust
the research potential of the archaeological
resourc
e(s) in accordance with current
professional archaeology standards. In the
event the discovered resource(s) is or
suspected to be of Native American origin,
the treatment plan shall require monitoring
by the appropriate Native American Tribe(s)
during data recovery and shall require that all
recovered artifacts undergo basic field
analysis and documentation or laboratory
analysis, whichever is appropriate. At the
completion of the basic field analysis and
documentation or laboratory analysis, any
recovered resource(s) shall be processed and
curated according to current professional
repository standards. The collections and
associated records shall be donated to an
appropriate curation facility, or, the artifacts
Project Applicant;
Project Archaeologist
City of Rialto
Community
Development
Department (Planning
Division)
If a significant
archaeological
resource is
discovered on the
property.
436 West Rialto Avenue
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Lead Agency: City of Rialto Page 5-5
Impact Mitigation Measure (MM) Responsible Party Monitoring Party Implementation Stage
Level of
Significance
may be delivered to the appropriate Native
American Tribe(s) if that is recommended by
the City of Rialto. A final report containing the
significance and treatment findings shall be
prepared by the archaeologist and submitted
to the City of Rialto, the South Central Coastal
Information Center at C
alifornia State
University, Fullerton, and the appropriate
Native American Tribe(s).
Geology and Soils
Threshold f: The Project
has the potential to
directly or indirectly
destroy a unique
paleontological resource
buried beneath the
ground surface.
MM GEO-1: Prior to the issuance of a grading
permit, the Project Applicant shall provide
evidence to the City of Rialto that a qualified
paleontologist (“paleontologist”) has been
retained by the Project Applicant or
contractor to conduct monitoring of
excavation activities and has the authority to
halt and redirect earthmoving activities in the
event that suspected paleontological
resources are unearthed.
Project Applicant;
Project Paleontologist
City of Rialto
Community
Development
Department (Planning
Division)
Prior to the
issuance of a
grading permit.
Less-than-
Significant Impact
with Mitigation
Incorporated
MM GEO-2: The paleontologist shall conduct
full-time monitoring during grading and
excavation operations in undisturbed,
Pleistocene older alluvium soils (occurring in
excess of 2.5 to 5 feet below ground surface)
and shall be equipped to salvage fossils if they
are unearthed to avoid construction delays
and to remove samples of sediments that are
likely to contain the remains of small fossil
invertebrates
and vertebrates. The
paleontologist shall be empowered to
temporarily halt or divert equipment to allow
for the removal of abundant and large
specimens in a timely manner. Monitoring
may be reduced if the potentially fossiliferous
units are not present in the subsurface, or if
present, are determined upon exposure and
Project Applicant;
Project Paleontologist
City of Rialto
Community
Development
Department (Planning
Division)
During grading and
excavation
activities.
436 West Rialto Avenue
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Impact Mitigation Measure (MM) Responsible Party Monitoring Party Implementation Stage
Level of
Significance
examination by the paleontologist to have a
low potential to contain or yield fossil
resources.
MM G EO-3: Recovered specimens shall be
properly prepared to a point of identification
and permanent preservation, including
screen washing sediments to recover small
invertebrates and vertebrates, if necessary.
Identification and curation of specimens into
the collections of the Division of Geological
Sciences, San Bernardino County Museum,
shall be required for discoveries of
significance as determined by the
paleontological monitor.
Project Applicant;
Project Paleontologist
City of Rialto
Community
Development
Department (Planning
Division)
If a significant
paleontological
resource is
discovered on the
Project Site.
MM GEO-4: A final monitoring and mitigation
report of findings an d significance shall be
prepared, including lists of all fossils
recovered, if any, and necessary maps and
graphics to accurately record the original
location of the specimens. The report shall be
submitted to the City of Rialto prior to
issuance of the first occupancy permit.
Project Applicant;
Project Paleontologist
City of Rialto
Community
Development
Department (Planning
Division)
Prior to issuance of
occupancy permit.
Hazards and Hazardous Materials
Threshold a: The Project
Site contains potential
sources of contamination
from historic operations of
a former lumber yard/mill.
MM HAZ-1: Prior to the issuance of a grading
permit, the Project Applicant shall provide
evidence to the City of Rialto that exploratory
excavations have been performed at the
three locations identified in the Project’s
Geophysical Evaluation that exhibit
excavation features and electromagnetic
anomalies. If no underground storage tanks
(USTs) or evidence of historic USTs are
observed, then a grading permit can be
issued. If a UST is found, then the UST shall
be removed under the oversight of San
Bernardino County Fire Department,
Hazardous Materials Division. If a UST is
Project Applicant City of Rialto
Community
Development
Department (Planning
and Building & Safety
Divisions)
Prior to issuance of
grading permit.
Less-than-
Significant Impact
with Mitigation
Incorporated
436 West Rialto Avenue
Mitigated Negative Declaration 5.0 MMRP
Lead Agency: City of Rialto Page 5-7
Impact Mitigation Measure (MM) Responsible Party Monitoring Party Implementation Stage
Level of
Significance
found or if evidence of a historic UST is
observed in the exploratory excavations, then
soil samples shall be collected and sent to a
hazardous materials testing laboratory and
tested for the presence of petroleum
hydrocarbons, volatile organic compounds,
and heavy metals. Soil vapor testing shall be
performed if recommen
ded by an
Environmental Professional (as defined in
Section 312.10 of 40 CFR 312). The results of
the soil testing shall be provided to the City of
Rialto. If soil samples are found to contain no
contamination or are within applicable
regulatory limits, then the grading permit can
be issued. If contamination above applicable
regulatory limits is discovered, then a
remediation program that complies with MM
HAZ-2 shall be implemented prior to issuance
of a grading permit.
MM HAZ-2: Prior to the issuance of a grading
permit, Project grading and/or building plans
shall incorporate any construction and/or site
design features recommended by an
Environmental Professional (as defined in
Section 312.10 of 40 CFR 312) to remediate
contaminated soils and/or soil vapor that may
be present on the Project Site. Construction
and/or site design features may include soil
excavation and disposal of contaminated soils
at a hazardous materials waste facility,
and/or the construction of utility trench
dams, utility conduit seals, sub -slab vents,
and sub-slab vapor barriers. This mitigation
measure shall only apply if contamination is
discovered on-site, as defined by MM HAZ -1,
and any required remediation measures shall
be installed or completed prior to issuance of
Project Applicant City of Rialto
Community
Development
Department (Planning
and Building & Safety
Divisions)
Prior to issuance of
grading permit.
436 West Rialto Avenue
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Impact Mitigation Measure (MM) Responsible Party Monitoring Party Implementation Stage
Level of
Significance
the first occupancy permit for the proposed
building.
Tribal Cultural Resources
Threshold a: The Project
Site does not contain any
known tribal cultural
resources; however, it is
possible the site contains
buried/masked tribal
cultural resources that
could be uncovered during
proposed grading and
excavation activities
(although unlik ely given
the historical ground
disturbances on the site).
MM TCR -1: Retain a Native American
Monitor Prior to Commencement of Ground -
Disturbing Activities
A. The project applicant/lead agency 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 e arlier of the
commencement of any ground -disturbing
activity, or the issuance of any permit
necessary to commence a ground -disturbing
activity.
C. On the days the monitor is present, the
monitor will complete daily monitoring logs
that will provide descrip tions of 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
Project Applicant;
Project Archaeologist
City of Rialto
Community
Development
Department (Planning
Division)
Prior to issuance of
grading permit &
during grading and
excavation
activities..
Less-than-
Significant Impact
with Mitigation
Incorporated
436 West Rialto Avenue
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Lead Agency: City of Rialto Page 5-9
Impact Mitigation Measure (MM) Responsible Party Monitoring Party Implementation Stage
Level of
Significance
identify and describe any discovered TCRs,
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 th e following (1) written
confirmation 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.
E. 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.
436 West Rialto Avenue
Mitigated Negative Declaration 5.0 MMRP
Lead Agency: City of Rialto Page 5-10
Impact Mitigation Measure (MM) Responsible Party Monitoring Party Implementation Stage
Level of
Significance
MM TCR -2: Unanticipated Discovery of
Human Remains and Associated Funerary
Objects
A. Native American human remains are
defined in PRC 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 Native American human remains
and/or grave goods 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 5 097.98(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, unless the Kizh
determines in its reasonable discretion that
resuming constructi on activities at that
Project Applicant,
Construction Contractor
City of Rialto
Community
Development
Department (Planning
Division)
During grading and
excavation
activities.
436 West Rialto Avenue
Mitigated Negative Declaration 5.0 MMRP
Lead Agency: City of Rialto Page 5-11
Impact Mitigation Measure (MM) Responsible Party Monitoring Party Implementation Stage
Level of
Significance
distance is not acceptable, and provides an
alternative distance or other mitigation
measures the Kizh monitor and/or
archaeologist deems necessary in their
reasonable discretion. (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, non -profit
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 institution accepts
the archaeological material, it shall be offered
to a loca l school or historical society in the
area for educational purposes.
F. Any discovery of human remains/burial
goods shall be kept confidential to prevent
further disturbance.
MM 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 b urning of
human remains.
B. If the discovery of human remains
includes four or more burials, the discovery
Project Applicant;
Project Archaeologist
City of Rialto
Community
Development
Department (Planning
Division)
During grading and
excavation
activities.
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Mitigated Negative Declaration 5.0 MMRP
Lead Agency: City of Rialto Page 5-12
Impact Mitigation Measure (MM) Responsible Party Monitoring Party Implementation Stage
Level of
Significance
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 manner 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 o r 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 reasonable effort to recommend
diverting the project around the immediate
area of where the human remains are
discovered and keeping the remains in situ
and protected, if feasible. If the project
cannot be diverted, the burials may 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 in
the immediate area of where the human
remains are discovered, the landowner shall
436 West Rialto Avenue
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Lead Agency: City of Rialto Page 5-13
Impact Mitigation Measure (MM) Responsible Party Monitoring Party Implementation Stage
Level of
Significance
arrange a designated site location within the
footprint of the project, if feasible, for the
respectful reburial of the human remains
and/or ceremonial objects.
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. The Tribe will work closely with the
project’s qualified archaeologist to ensure
that the excavation is treated carefully,
ethically and respectfully. If data recovery is
approved by the Tribe, documentation shall
be prepared and shall include (at a minimum)
detailed descriptive notes and sketches. All
data recovery data recovery-related forms of
documentation shall be approved in advance
by the Tribe. If any data recovery is
performed, once complete, a final report shall
be submitted to the Tribe and the NAHC. The
Tribe does NOT authorize any scientific study
or the utilization of any invasive and/or
destructive diagnostics on human remains