Initial Study for Lilac and Randall Commercial Buildings GPA & ZC City of Rialto, California MMRP
77 SECTION 6
MITIGATION MONITORING and REPORTING PROGRAM
Sunrise Center
CITY OF RIALTO
0132-021-18
MITIGATION MONITORING and REPORTING PROGRAM
This Mitigation Monitoring and Reporting Program was prepared to implement the mitigation measures outlined in the Initial Study for the development of two separate office/retail buildings totaling 18,806 square-feet within a 1.4-acre site, located at 935 South Lilac Avenue in the City of Rialto, CA. The Proposed Project would require the approval of a General Plan Amendment (GPA) to change the existing land use designation of Residential 2 to General Commercial, and a Zone Change (ZC) to the existing zonin g of Agriculture (A -1) to General Commercial (C -3). This program has been prepared in compliance with the California Environmental Quality Act (CEQA), and the State and City of Rialto CEQA Guidelines.
CEQA Section 21081.6 requires adoption of a monitoring and/or reporting program for those measures or conditions imposed on a project to mitigate or avoid adverse effects on the environment. The law states that the monitoring or reporting program shall be designed to ensure compliance during project implementation.
The Mitigation Monitoring and Reporting Program contains the following elements:
1. The mitigation measures are recorded with the action and procedure necessary to ensure compliance. The program lists the mitigation measures contained within the Initial Study.
2. A procedure for compliance and verification has been outlined for each mandatory mitigation action. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported.
3. The program contains a separate Mitigation Monitoring and Compliance Record for each action. On each of these record sheets, the pertinent actions and dates will be logged, and copies of permits, correspondence or other data relevant will be retained by the City of Rialto.
4. The program is designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. If changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program.
The individual measures and accompanying monitoring/reporting actions follow. They are numbered in the same sequence as presented in the Initial Study.
Initial Study for Lilac and Randall Commercial Buildings GPA & ZC City of Rialto, California MMRP
78 IV. BIOLOGICAL RESOURCES
BIO-1: Nesting bird surveys should be conducted prior to any construction activities taking place during the nesting season to avoid potentially taking any birds or active nests. In general, impacts to all bird species (common and special status) can be avoided by conducting work outside of the nesting season (generally March 15th to September 15th), and conducting a worker awareness training. However, if all work cannot be conducted outside of the nesting season, a project -specific Nesting Bird Management Plan will be prepared to determine suitable buffers.
IMPLEMENTATION AND VERIFICATION
Planning staff shall verify implementation of the above mitigation measure.
COMPLIANCE RECORD
When Required: The verification shall be completed prior to construction if construction schedule is during the period March 15th to September 15th.
WRITTEN VERIFICATION PREPARED BY:
DATE PREPARED:
Initial Study for Lilac and Randall Commercial Buildings GPA & ZC City of Rialto, California MMRP
79 V. CULTURAL RESOURCES
CR-1: In the event of an archaeological discovery, either historic or prehistoric, the archaeological monitor shall direct the contractor to temporarily divert all soil disturbing activities, including but not limited to, digging, trenching, excavating, or grading activities in the area of discovery and in the area reasonabl y suspected to overlay adjacent resources. If the discovered resource is associated with the prehistoric Native American occupation of this area, a Native American representative from a local tribe should be contacted to review and participate in the evolution of the discovered resource. The monitor shall immediately notify the Principal Investigator (PI) of the discovery, and subsequently the property owner shall be notified of the discovery.
If the resource is significant, the PI shall submit an Archaeological Data Recovery Program (ADRP) to the lead agency to review and approve. Impacts to significant resources must be mitigated by the implementation of the ADRP before ground disturbing activities in the area of discovery will be allowed to resume. If the resource is not significant, the PI shall submit a letter to the County of San Bernardino indicating that artifacts will be collected, curated, and documented in the final monitoring report. The letter shall also indicate that no further work is required.
IMPLEMENTATION AND VERIFICATION
Planning staff shall verify implementation of the above mitigation measures.
COMPLIANCE RECORD
When Required: The verification shall be completed in the event of an archaeological discovery during the construction period, and final monitoring report at completion of construction.
WRITTEN VERIFICATION PREPARED BY:
DATE PREPARED:
Initial Study for Lilac and Randall Commercial Buildings GPA & ZC City of Rialto, California MMRP
80 VI. GEOLOGY AND SOILS RESOURCES
GEO-1: In the event fossil specimens are unearthed, the Project Proponent shall have a paleontological consultant assess the specimens and report to the City of Rialto. If the consultant and City concur, a paleontological monitoring program shall be implem ented for the remainder of earth moving activities.
IMPLEMENTATION AND VERIFICATION
Planning staff shall verify implementation of the above mitigation measure during construction.
COMPLIANCE RECORD
When Required: The verification shall be completed in the event of a paleontological discovery during the construction period, and final monitoring report at completion of construction.
WRITTEN VERIFICATION PREPARED BY:
DATE PREPARED:
Initial Study for Lilac and Randall Commercial Buildings GPA & ZC City of Rialto, California MMRP
81 XIII. NOISE
N-1: During construction, the contractor shall ensure all construction equipment is equipped with appropriate noise attenuating devices, such as mufflers, silencers, and original equipment devices.
N-2: The contractors shall locate equipment staging areas that will create the greatest distance between construction-related noise/vibration sources and sensitive receptors nearest to the Project Site during all project construction.
N-3: Idling equipment should be turned off when not in use.
N-4: Equipment shall be maintained so that vehicles and their loads are secured from rattling and banging.
IMPLEMENTATION AND VERIFICATION
Planning staff shall verify implementation of the above mitigation measures.
COMPLIANCE RECORD
When Required: The verification shall be completed throughout the construction period.
WRITTEN VERIFICATION PREPARED BY:
DATE PREPARED:
Initial Study for Lilac and Randall Commercial Buildings GPA & ZC City of Rialto, California MMRP
82 XVIII. TRIBAL CULTURAL RESOURCES
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 subje ct 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 provide descriptions of the relevant ground -disturbing activities, the type of construction activities performed, locations of ground disturbing activities, soil types, cultural -related material s, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of sig nificance, 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 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.
Initial Study for Lilac and Randall Commercial Buildings GPA & ZC City of Rialto, California MMRP
83 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 als o 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 s hall 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 Kizh 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, 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 local 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.
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.
Initial Study for Lilac and Randall Commercial Buildings GPA & ZC City of Rialto, California MMRP
84 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 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 plac ed 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 di verted, 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, the landowner shall arrange a designated site locatio n within the footprint of the project 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. Th ese 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 b e 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 mi nimum) 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 t he NAHC.
The Tribe does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains.
IMPLEMENTATION AND VERIFICATION
Planning staff shall verify implementation of the above mitigation measures.
Initial Study for Lilac and Randall Commercial Buildings GPA & ZC City of Rialto, California MMRP
85 COMPLIANCE RECORD
When Required: The verification shall be completed throughout the construction period, with final reports of monitoring or discovery submitted to the City of Rialto, the Tribe, and the NAHC.
WRITTEN VERIFICATION PREPARED BY:
DATE PREPARED: