Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project Mitigation Monitoring and Reporting Program
Introduction
The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or carries out a project for which an Mitigated Negative Declaration has been certified which identifies one or more significant adverse environmental effects and where findings with respect to changes or alterations in the project have been made, to adopt a "....reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment" (CEQA, Public Resources Code Sections 21081, 21081.6).
A Mitigation Monitoring and Reporting Program (MMRP) is required to ensure that adopted mitigation measures are successfully implemented for the Hardt and Brier Business Park Project (Project). The City of San Bernardino is the Lead Agency for the project and is responsible for implementation of the MMRP. This report describes the MMRP for the Project and identifies the parties that will be responsible for monitoring implementation of the individual mitigation measures in the MMRP.
Mitigation Monitoring and Reporting Program
The MMRP for the Project will be active through all phases of the Project, including design, construction, and operation. The attached table identifies the mitigation program required to be implemented by the City for the Project. The table identifies mitigation measures required by the City to mitigate or avoid significant impacts associated with the implementation of the Project, the timing of implementation, and the responsible party or parties for monitoring compliance.
The MMRP also includes a column that will be used by the compliance monitor (individual responsible for monitoring compliance) to document when implementation of the measure is completed. As individual Plan, Program, Policies; and mitigation measures are completed, the compliance monitor will sign and date the MMRP, indicating that the required actions have been completed.
Mitigated Negative Declaration
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City of San Bernadino Hardt and Brier Business Park Project TABLE 1: MITIGATION MONITORING AND REPORTING PROGRAM
Responsible for
Ensuring Compliance / Date Completed
Mitigation Measures Action and Timing Verification and Initials
AESTHETICS
PPP AES-1: Outdoor Lighting. All outdoor luminaires installed shall be Submission of electrical Department of Building plans prior to plan check and Safety.
approval.
on electrical plans submitted to the Department of Building and Safety for plar heck approval and shall comply with the requirements of Municipal Code Section 19.20.030
AIR QUALITY
PPP AQ-1: Rule 402. The Project is required to comply with the provisions of In construction plans and Department of Building South Coast Air Quality Management District (SCAQMD) Rule 402. The Project specifications. During and Safety. shall not discharge from any source whatsoever such quantities of air Project operation. Prior contaminants or other material which cause injury, detriment, nuisance, or to grading and building annoyance to any considerable number of persons or to the public, or whicl permits. endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.
PPP AQ-2: Rule 403. The Project is required to comply with the provisions of In construction plans and Department of Building South Coast Air Quality Management District (SCAQMD) Rule 403, which specifications. Prior to and Safety. includes the following: building permits.
• All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions.
• The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered, with complete coverage of disturbed areas, at least 3 times daily during dry weather; preferably in the mid-morning, afternoon, and after work is done for the day.
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Mitigation Measures Action and Timing Verification and Initials The contractor shall ensure that traffic speeds on unpared roads and project site areas are reduced to 15 miles per hour or less.
PPP AQ-3: Rule 1113. The Project is required to comply with the provisions of Compliance with Rule Department of Building South Coast Air Quality Management District Rule (SCAQMD) Rule 1113. Only 1113. and Safety and "Low-Volatile Organic Compounds" paints (no more than 50 gram/liter of SCAQMD.
VOC) and/or High Pressure Low Volume (HPLV) applications shall be used.
BIOLOGICAL RESOURCES
Mitigation Measure BIO-1: Nesting Bird Survey. Vegetation removal should Conduct take avoidance Qualified biologist and occur outside of the nesting bird season (generally between February 1 and surveys for nesting birds if City of San Bernardino September 15). If vegetation removal is required during the nesting bird vegetation removal occur Planning Division. season, the applicant must conduct take avoidance surveys for nesting birds during nestina bird prior to initiating vegetation removal/clearing. Surveys will be conducted by season. Submittal of pre- a qualified biologists) within three days of vegetation removal. If active nests activity nesting bird field are observed, a qualified biologist will determine appropriate minimum survey results report disturbance buffers and other adaptive mitigation techniques (e.g., biological (during Feb 1 - Aug 31). monitoring of active nests during construction-related activities, staggered Three days prior to schedules, etc.) to ensure that impacts to nesting birds are avoided until the initiating vegetation nest is no longer active. At a minimum, construction activities will stay outside removal/clearing. of a 300-foot buffer around the active nests. For raptor species, the buffer is to be expanded to 500 feet. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist and City of San Bernardino Planning Division verify that the nests are no longer occupied, and the juvenile birds can survive independently from the nests. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, normal construction activities may occur.
Mitigation Measure BIO-2: Nesting Bird Buffer. If nesting birds are Establish an avoidance Qualified biologist and encountered, a qualified biologist must establish an avoidance buffer zone buffer zone around nests, City of San Bernardino around the nest (buffer zones vary according to species involved and shall be if identified through Planning Division determined by the qualified biologist). No activities that would adversely Mitigation Measure BIO- affect the nest shall occur within the buffer zone until the qualified biologist 1. Prior to and during construction activities.
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Mitigation Measures Action and Timing Verification and Initials has determined the nest is no longer active and the young are no longer dependent on the nest.
CULTURAL RESOURCES
PPP CUL-1: Human Remains. Should human remains or funerary objects be In construction plans and county Coroner ar discovered during project construction, the project would be required to specifications. During ty of San Bernardit comply with State Health and Safety Code Section 7050.5, which states that construction activities Planning Division no further disturbance may occur in the vicinity of the body (within a 100-foot Compliance with State buffer of the find) until the County Coroner has made a determination of origin Health and Safety and disposition pursuant to Public Resources Code Section 5097.98. The Code Section 7050.5 County Coroner must be notified of the find immediately. If the remains are and 5097.98. Notify determined to be prehistoric, the Coroner will notify the Native American NAHC and MLD.
Heritage Commission, which will determine the identity of and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD must complete the inspection within 48 hours of being granted access to
GEOLOGY AND SOILS
In construction plans and City of San Bernardino
specifications. Prior to Planning Division
QSD (Qualified SWPPP Developer) pursuant to the Municipal Code Chapter grading and building
13.54. The SWPPP shall incorporate all necessary Best Management Practices permits. (BMPs) and other City requirements to comply with the National Pollutant Discharge Elimination System (NPDES) requirements to limit the potential of polluted runoff during construction activities. Project contractors shall be required to ensure compliance with the SWPPP and permit periodic inspection of the construction site by City of San Bernardino staff or its designee to confirm compliance.
PPP WQ-2: WQMP. Prior to grading permit issuance, the project developer struction plan and Cy of San Bernardin shall have a Water Quality Management Plan (WQMP) approved by the City specifications. Prior to Planning Division for implementation. The project shall comply with the City's Municipal Code grading and building Section 13.54 and the Municipal Separate Storm Sewer System (MS4) permit permits. requirements in effect for the Regional Water Quality Control Board Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project Responsible for
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Mitigation Measures Action and Timing Verification and Initials (RWQCB) at the time of grading permit to control discharges of sediments and other pollutants during operations of the Project.
HYDROLOGY AND WATER QUALITY
PPP WQ-1: SWPPP. As described above. As described above. As described above.
PPP WQ-2: WQMP. As described above. As described above. As described above.
HAZARDS AND HAZARDOUS MATERIALS
Mitigation Measure HAZ-1: Disposal of Illegally Dumped Materials. The Disposal of all illegall City of San Bernardino Project applicant is responsible for ensuring the proper disposal of any and dumped materials Planning Division all illegally dumped materials currently on the Project site, in compliance with currently on the Project the City of San Bernardino Municipal Code Chapter 8.24. Proper disposal of site. Prior to start of all illegally dumped materials onsite must be completed before any construction activities. construction activities begin. Signs or fences shall be installed onsite to assist in preventing future onsite dumping of potentially hazardous materials prior to construction.
TRIBAL CULTURAL RESOURCES
Mitigation Measure TCR-1: Retain a Native American Monitor Prior to In construction plans and City of San Bernardino Commencement of Ground-Disturbing Activities. specifications. Retain a Planning Division and Native American Monitor Native American Monitor.
A. The project applicant/lead agency shall retain a Native American Monitor from or approved by the
from or approved by the Gabrieleño Band of Mission Indians - Kizh Nation.
Gabrieleño Band of
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- Mission Indians - Kizh Nation. Prior to the
site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as commencement of any public improvement work). "Ground-disturbing activity" shall include, but is not ground-disturbing activity or the issuance of any
limited to, demolition, pavement removal, potholing, auguring, grubbing, tree permit necessary to
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 Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project Responsible for
Ensuring Compliance / Date Completed
Mitigation Measures Action and Timing Verification and Initials activity, or the issuance of any permit necessary to commence a ground- ommence a ground disturbing activity. listurbing activity
C. The monitor will complete daily monitoring logs that will provide descriptions On-site tribal monitoring of the relevant ground-disturbing activities, the type of construction activities during ground-disturbing activities.
discovered TCRs, including but not limited to, Native American cultural anc historical artifacts, remains, places of significance, etc., (collectively, triba cultural resources, or "TCR"), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be 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.
Mitigation Measure TCR-2: Unanticipated Discovery of Tribal Cultural In construction plans and Qualified Professional Resource Objects (Non-Funerary/Non-Ceremonial). Upon discovery of any specifications. Upon Archeologist / City of San TCRs, all construction activities in the immediate vicinity of the discovery shall discovery of any TCRs halt Bernardino Planning cease (i.e., not less than the surrounding 50 feet) and shall not resume until the construction activities until Division. discovered TCR has been fully assessed by the Kizh monitor and/or Kizh resources are assessec archaeologist. The Kizh will recover and retain all discovered TCRs in the form and retained by Kizt and/or manner the Tribe deems appropriate, in the Tribe's sole discretion, and Nation. for any purpose the Tribe deems appropriate, including for educational, cultural and or historic purposes.
Mitigation Measure TCR-3: Unanticipated Discovery of Human Remains In construction plans and Qualified Professional and Associated Funerary or Ceremonial Objects specifications. Upon Archeologist/ City of San discovery of human
Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project Responsible for
Ensuring Compliance / Date Completed
Mitigation Measures Action and Timing Verification and Initials A. Native American human remains are defined in PRC 5097.98 (d)(1) as an remains during Bernardino Planning nhumation or cremation, and in any state of decomposition or skeleta construction activities. Division. ompleteness. Funerary objects, called associated grave goods in Publi follow Public Resource Resources Code Section 5097.98, are also to be treated according to this Code 5097.9 as well as statute. Health and Safety Code
Section 7050.5.
B.If Native American human remains and/or grave goods are discovered or recognizand on the rode sation 0 50s shal be folode 5097,9 as well as C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).
D. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods.
E. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.
PPP CUL-1: Human Remains. As described above. As described above. As described above.
TRIBAL CULTURAL RESOURCES
PPP WQ-1: WQMP. As described above. As described above. As described above. 8