MMRP
SCH # 2025010828 – Foothill & Macy Route 66 Residential Development City of San Bernardino
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
A. Mitigation Monitoring Requirements and Procedures
CEQA was amended in 1989 to add Section 21081.6, which requires a public agency to adopt a monitoring and reporting program for assessing and ensuring compliance with any required mitigation measures applied to a proposed development. As stated in Section 21081.6 of the Public Resources Code,
“…the public agency shall 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 Section 21081.6 provides general guidelines for implementing mitigation monitoring programs and indicates that specific reporting and/or monitoring requirements, to be enforced during project implementation, shall be defined prior to adoption of the Mitigated Negative Declaration.
The mitigation monitoring table below lists those mitigation measures that are to be included as conditions of approval for the Project. To ensure that the mitigation measures are properly implemented, a monitoring program has been devised which identifies the timing and responsibility for monitoring each measure. The developer will have the responsibility for implementing the mitigation measures, and the various City of San Bernardino departments and divisions will have the primary responsibility for monitoring and reporting the implementation of the mitigation measures.
MITIGATION MONITORING REPORTING PROGRAM
Project: Foothill and Macy Route 66 Residential Development Applicant: Route 66 Truck Terminal, LLC.
Lead Agency: City of San Bernardino Date: January 2025
Mitigation Measures No. /
Implementing Action
Responsible for
Monitoring
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Frequency
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Method of
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Verified Date
/Initials
Section 3: Air Quality
AQ-1: The Applicant shall implement at a minimum
a 35 -day architectural coating phase as coating
over a shorter period would increase daily
emissions.
Section 4: Biological Resources
BIO-1: In order to avoid violation of the federal
Migratory Bird Treaty Act (MBTA) and the
California Fish and Game Code, site -preparation
activities (ground disturbance, construction
activities, staging equipment, and/or removal of
trees and vegetation) f or the Project shall be
avoided, to the greatest extent possible, during the
nesting season of potentially occurring native and
migratory bird species. Nesting bird nesting
season generally extends from February 1 through
September 15 in southern Californi a and
specifically, March 15 through August 31 for
migratory passerine birds. To avoid impacts to
nesting birds (common and special status) during
the nesting season, a qualified Avian Biologist will
conduct pre -construction Nesting Bird Surveys
(NBS) prio r to Project -related disturbance to
nestable vegetation to identify any active nests. If
no active nests are found, no further action will be
required. If an active nest is found, the biologist
will set appropriate no -work buffers around the
nest which will be based upon the nesting species,
its sensitivity to disturbance, nesting stage, and
expected types, intensity, and duration of the
disturbance. The nests and buffer zones shall be
field checked weekly by a qualified biological
monitor. The approved no -work buffer zone shall
be clearly marked in the field, within which no
City of San
Bernardino, City
Planner or
designee
Pre-
construction if
construction
during nesting
season
No more than
three (3) days
prior to
construction,
ground
disturbance or
vegetation
removal during
the nesting bird
season
(February
through August)
On-site
inspection,
submittal of
survey report.
Mitigation Measures No. /
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disturbance activity shall commence until the
qualified biologist has determined the young birds
have successfully fledged and the nest is inactive.
Section 5: Cultural Resources
CR-1: In the event that cultural resources are
discovered during project activities, all work in the
immediate vicinity of the find (within a 60 -foot
buffer) shall cease and a qualified archaeologist
meeting Secretary of Interior standards shall be
hired to assess the find. Work on the other portions
of the project outside of the buffered area may
continue during this assessment period.
Archaeological
Monitor
During
construction
Throughout
construction
On-site inspection
CR-2: During review of final site plans, the City
shall determine whether impacts will occur within
the right -of-way of Foothill Blvd/US Route 66. If
necessary, City will consult with the State Office of
Historic Preservation. to determine avoidance or
mitigation of impacts within the roadway right -of-
way.
Archaeological
Monitor
During
construction
Upon
archaeological
discovery
On-site
inspection,
separate submittal
(Reports/Studies/
Plans)
CR-3: Should human remains and/or
cremations be encountered during any
earthmoving activities, all work shall stop
immediately in the area in which the find(s) are
present (no less than 100 -ft radius area around
the remains and project personnel will be
excluded from the area and no photographs will
be permitted), and the County of San Bernardino
Coroner will be notified. The County of San
Bernardino and the Project Proponent shall also
be informed of the discovery. The Coroner will
determine if the bones a re
historic/archaeological or a modern legal case.
The Coroner will immediately contact the Native
American Heritage Commission (NAHC) in the
event that remains are determined to be human
and of Native American origin, in accordance
with California Public Resources Code Section
§5097.98.
All discovered human remains shall be treated
with respect and dignity. California state law
Contractor/
Archaeologist
Upon
archaeological
discovery
Discussion with
the City
Discussion with
the City and
Review by Native
American
consultant
Mitigation Measures No. /
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(California Health & Safety Code § 7050.5) and
federal law and regulations ([Archaeological
Resources Protection Act (ARPA) 16 USC 470 &
43 CFR 7], [Native American Graves Protection &
Repatriation Act (NAGPRA) 25 USC 3001 & 43
CFR 10] and [Public Lands, I nterior 43 CFR
8365.1-7]) require a defined protocol if human
remains are discovered in the State of California
regardless if the remains are modern or
archaeological.
If the remains are determined to be human, the
Coroner will determine their origin: Native
American; archaeological but non -Native
American; or forensic. If determined to be of Native
American origin, the Coroner will contact/notify the
Native American Heritage Commission an d the
Most Likely Descendant (MLD) will be identified. In
consultation between the MLD, Lead Agency, and
property owner, the disposition of the remains will
be determined. Any costs incurred would be the
responsibility of the property owner. If the human
remains are archaeological (non-Native American),
the archaeological consultant will manage the
removal, analysis, and reporting. The remains will
be reinterred off-site and any costs incurred would
be the responsibility of the property owner. If the
remains are determined to be of forensic value, the
Coroner will arrange for the removal and analysis.
The City will assume responsibility of the remains
and the property owner will not be responsible for
any related costs.
Section 7: Geology and Soils
GEO-1: During construction, the Project Proponent
shall ensure the recommendations contained in the
Final Geotechnical/Soils report are incorporated
into design plans and ensure that the contractor
and subcontractor comply with the
recommendations. A pre-grading meeting between
the grading contractor and geotechnical engineer
shall occur prior to construction at the site, to
City Engineer Prior to
issuance of
grading
permits
Throughout
construction
On-site inspection
Mitigation Measures No. /
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/Initials
discuss the grading procedures to be implemented
and other requirements described in the
Geotechnical Report. The City Engineer shall
approve the Final Geotechnical Report and shall
inspect the work to ensure compliance.
GEO-2: Paleontological monitoring by a qualified
paleontologist contracted by the Applicant shall be
implemented during any mass grading and
excavation activities starting at five feet below the
surface. Monitoring shall be conducted full-time in
areas of grading or excavation in undisturbed
eolian deposits. If resources are discovered, the
qualified paleontologist in consultation with the
Applicant and the City, shall develop a plan of
mitigation which may include full -time monitoring,
salvage excavation, scientific removal of the find,
removal of sediment from around the specimen (in
the laboratory), research to identify and categorize
the find, curation of the find in a local qualified
repository, and preparation of a report summarizing
the find.
Applicant/ Qualified
Paleontologist
Prior to
issuance of
grading
permits
Throughout
construction
On-site inspection
Section 13: Noise
NOI-1: A six-foot-high concrete wall with no holes
or cracks shall be constructed along the property
line of homes adjacent to Foothill Boulevard.
City of San
Bernardino, City
Planner or
designee
Prior to
Construction
Prior to
Certificate of
Occupancy
Plan check, on-
site inspection
NOI-2: Windows and sliding glass doors on
building facades facing Foothill Boulevard shall
have an STC rating of at least 30.
City of San
Bernardino, City
Planner or
designee
Prior to
Construction
Prior to
Certificate of
Occupancy
Plan check, on-
site inspection
Section 18: Tribal Cultural Resources
TCR-1:
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 p roject at all project
Qualified
Archaeologist hired
by Applicant
During
construction
Upon
archaeological
discovery
On-site inspection
Mitigation Measures No. /
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Responsible for
Monitoring
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Frequency
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/Initials
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 limite d 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 materials, a nd 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 signifi cance, 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
Mitigation Measures No. /
Implementing Action
Responsible for
Monitoring
Monitoring
Frequency
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/Initials
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 Ki zh 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.
TCR-2:
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 Nati ve American or has reason to
believe they are Native American, he or she
Archaeological
Monitor
During
construction
Throughout
construction
On-site inspection
Mitigation Measures No. /
Implementing Action
Responsible for
Monitoring
Monitoring
Frequency
Timing of
Verification
Method of
Verification
Verified Date
/Initials
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 a cceptable 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:
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
Archaeological
Monitor
During
construction
Throughout
construction
On-site inspection
Mitigation Measures No. /
Implementing Action
Responsible for
Monitoring
Monitoring
Frequency
Timing of
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/Initials
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 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 w ith 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 rema ins. 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 divert ed, 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
Mitigation Measures No. /
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arrange a designated site location 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. 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 minimu m) 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.
TCR-4: The Yuhaaviatam of San Manuel Nation
Cultural Resources Management Department
(YSMN) shall be contacted of any pre -contact
cultural resources discovered during project
implementation, and be provided information
regarding the nature of the find, so as to provide
Tribal input with regards to significance and
treatment. Should the find be deemed significant,
Archaeological
Monitor
During
construction
Throughout
construction
On-site inspection
Mitigation Measures No. /
Implementing Action
Responsible for
Monitoring
Monitoring
Frequency
Timing of
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/Initials
as defined by CEQA (as amended, 2015), a Cultural
Resources Monitoring and Treatment Plan shall be
created by the archaeologist, in coordination with
YSMN, and all subsequent finds shall be subject to
this Plan. This Plan shall allow for a monitor to be
present that represents YSMN for the remainder of
the project, should YSMN elect to place a monitor
on-site.
TCR-5: Any and all archaeological/cultural
documents created as a part of the project (isolate
records, site records, survey reports, testing
reports, etc.) shall be supplied to the applicant and
Lead Agency for dissemination to YSMN. The Lead
Agency and/or applicant shall, in good faith,
consult with YSMN throughout the life of the
project.
Archaeological
Monitor
During
construction
Throughout
construction
On-site inspection
TCR-6: If human remains or funerary objects are
encountered during any activities associated with
the Proposed Project, work in the immediate
vicinity (within a 100 -foot buffer of the find) shall
cease and the County Coroner shall be contacted
pursuant to State Health and Safety Code 7050.5
and that code enforced for the duration of the
project.
Archaeological
Monitor
During
construction
Throughout
construction
On-site inspection