SCH # 2026030801 – Verdemont Heights Residential Development City of San Bernardino
1.0 INTRODUCTION
An Initial Study for the proposed Verdemont Heights Residential Development (herein referred to as the Proposed Project or Project) has been prepared in accordance with the California Environmental Quality Act (CEQA), the Guidelines for Implementation of the California Environmental Quality Act (State CEQA Guidelines), and the City of San Bernardino policies for implementing CEQA.
The City of San Bernardino issued a Notice of Intent to Adopt a Mitigated Negative Declaration (MND) (SCH# 2026030801) for the Proposed Project. The Notice of Intent indicated that the City, acting as the lead agency for the Project under CEQA, was notifying public agencies and interested parties of a 30-day public review period to commence on March 18, 2026, and close on April 16, 2026, and that the City plans to adopt an MND for the Project.
The Notice of Intent for the Proposed Project was sent to trustee and responsible agencies, members of the public, other interested parties, and the California Office of Planning and Research, State Clearinghouse for the required 30-day public review period.
During the review period, public agencies and members of the public had the opportunity to respond to the Notice of Intent and provide comments on the MND. Public comments were received by the City of San Bernardino Community Housing and Development Department and have been responded to herein by the City in accordance with CEQA requirements. The City received one (1) letter and three (3) emails from the following agencies or organizations commenting on the Initial Study/MND:
1. Caltrans April 23,2026 email
2. SAFER April 15, 2026 letter
3. Southern California Gas Company Southeast Region March 17, 2026 email
4. Yuhaaviatam of San Manuel Nation March 27, 2026 Email
Section 2.0, Comments and Responses, of this MND, includes the comments received by the City of San Bernardino on the circulated Initial Study/MND. Copies of these comment letters, as well as the responses from the City, are included in Section 2.0. Pursuant to Article 6, Negative Declaration Process, of the State CEQA Guidelines, the City is not required to respo nd to comments received on an MND. However, the City has chosen to respond to the comments received on the Initial Study/MND and provide those responses to the commenters.
It should be noted that responses to comments did not result in any editorial clarifications or corrections to the original Initial Study/MND text. Additionally, none of the comments resulted in changes to the data, analysis, conclusions, or mitigation present in this Initial Study/MND. The comments and information provided by these agencies and organizations do not constitute significant new information and therefore do not trigger a need to recirculate the Initial Study/MND for additional public review and comments.
CEQA was amended in 1989 to add Section 21081.6, which requires a public agency to adopt a mitigation monitoring and reporting program for assessing and ensuring compliance with any required mitigation measures applied to a proposed development. Section 4. 0 contains the Mitigation Monitoring and Reporting Program for the Project.
SCH #2026030801 – Verdemont Heights Residential Development Errata
2.0 COMMENTS AND RESPONSES
Comment Letter No. 1
Letter 1
SCH #2026030801 – Verdemont Heights Residential Development Errata
SCH #2026030801 – Verdemont Heights Residential Development Errata
RESPONSES TO CALTRANS
EMAIL DATED April 23, 2026
The City of San Bernardino received correspondence from Caltrans Local Development Review dated April 23, 2026, indicating that the proposed project is not located within Caltrans right -of- way (ROW). Therefore, further review by Caltrans and the issuance of a Caltrans Encroachment Permit prior to construction are not required.
Caltrans noted that a Traffic Impact Analysis (TIA) may be required if the project generates additional vehicle trips affecting the I-215/Palm Avenue interchange.
Caltrans further advised that any permanent improvements or temporary traffic control measures that encroach upon Caltrans right -of-way will require a Caltrans -issued Encroachment Permit prior to construction.
Response to Letter 1:
The letter does not provide any comments on the circulated Initial Study/Mitigated Negative Declaration. No further response is required and no changes to the IS/MND are required.
SCH #2026030801 – Verdemont Heights Residential Development Errata
Comment Letter No. 2
SCH #2026030801 – Verdemont Heights Residential Development Errata
SCH #2026030801 – Verdemont Heights Residential Development Errata
SCH #2026030801 – Verdemont Heights Residential Development Errata
SCH #2026030801 – Verdemont Heights Residential Development Errata
RESPONSES TO SAFER
LETTER DATED April 15, 2026
The City of San Bernardino received a letter from the Supporters Alliance for Environmental Responsibility (SAFER) dated April 15, 2026 requesting the preparation of an Environmental Impact Report (EIR), asserting that the Initial Study/Mitigated Negative Declaration (IS/MND) does not adequately analyze or mitigate the Project’s potentially significant impacts on biological resources. Additionally, SAFER asserts that the mitigation regarding impacts on burrowing owls is inadequate and unsupported by substantial evidence.
Response to Letter 2:
At the City's request, Lilburn Corporation prepared a response letter dated May 7, 2026, addressing the comments contained in the April 15, 2026 comment letter. The following responses are excerpted directly from the May 7, 2026 letter. The Initial Study/Mitigated Negative Declaration (IS/MND) demonstrated that the Project is consistent with CEQA, and with implementation of the required mitigation measures, all potentially significant impacts would be reduced to less-than-significant levels. ELMT, the Qualified Project Biologist revisited the Project Site in April 2026 and provided a letter dated May 5, 2026, regarding the Burrowing Owl Suitability Assessment. ELMT concluded that based on the results of the assessment, the Project Site is considered to have low potential to support burrowing owl; therefore, focused surveys are not recommended. Out of an abundance of caution, a pre -construction burrowing owl clearance survey is recommended to be conducted prior to development to ensure burrowing owl remain absent from the project site.
It is therefore recommended that as a Condition of Approval the City shall require pre-construction surveys be conducted in accordance with CDFW’s 2012 Staff Report on Burrowing Owl Mitigation.
Two surveys shall be conducted, the first 14-30 days prior to ground disturbing activities and the second within 24 hours immediately before ground disturbing activities. If no burrowing owls are observed onsite, no further review will be required.
If the site survey determines the presence of burrowing owl, mitigation in accordance with requirements set forth by CDFW shall be implemented as follows:
A. If burrowing owls are found on the project site, construction activities should be avoided during the breeding season (February 1 to August 31).
B. If an active burrow is found during the breeding season and construction activities cannot be avoided, a qualified biologist will establish buffers around occupied burrowing owl nests in accordance with the Staff Report on Burrowing Owl Mitigation, State of California Natural Resource Agency, Department of Fish and Game (May 7, 2012) to avoid any direct or indirect impacts to burrowing owl.
If impacts to active burrows cannot be avoided, coordination with CDFW will be required to determine whether a California Endangered Species Act (CESA) Incidental Take Permit (ITP) will be required pursuant to Fish and Game Code section 2081. As part of the ITP, a plan to minimize and fully mitigate project-related impacts, avoid the incidental take of burrowing owl, and minimize disturbance of the species’ habitat would need to be prepared for approval by CDFW prior to commencing project activities.
SCH #2026030801 – Verdemont Heights Residential Development Errata
Comment Letter No. 3
SCH #2026030801 – Verdemont Heights Residential Development Errata
SCH #2026030801 – Verdemont Heights Residential Development Errata
SCH #2026030801 – Verdemont Heights Residential Development Errata
RESPONSES TO SOUTNERN CALIFORNIA GAS SOUTHEAST REGION
EMAIL DATED March 17, 2026
The City of San Bernardino received an email from the Southern California Gas Company Southeast Region stating that the company has facilities in the area and recommended the Developer contact Dig Alert prior to any construction and recommends procedures for obtaining service as well as a Will Serve Letter.
Response to Letter 3:
The letter does not provide any comments on the circulated Initial Study/Mitigated Negative Declaration and lists standard construction contractor requirements . No further response is required and no changes to the IS/MND are required.
SCH #2026030801 – Verdemont Heights Residential Development Errata
Comment Letter No. 4
SCH #2026030801 – Verdemont Heights Residential Development Errata
RESPONSES TO YUHAAVIATAM OF SAN MANUEL NATION
EMAIL DATED March 27, 2026
The City of San Bernardino received an email on March 27, 2026 from the Yuhaaviatam of San Manuel Nation stating concerns about the Gabrieleno Band of Mission Indians -Kizh Natio n’s recommended mitigation measures that were included within the Initial Study, Section XVIII.
Response to Letter 4:
The City contacted both tribes via email on April 14, 2026, regarding review and approval of mitigation measure TCR -6 in an effort to reconcile potential conflicts between the mitigation measures recommended by each tribe. Both tribes were provided until April 24, 2026, to respond and were also notified on May 4, 2026, that the City would be moving forward with the additional mitigation measure TR-6.The Yuhaaviatam of San Manuel Nation responded on April 29, 2026, in support of the proposed measure, Kizh Na tion responded after the deadline on May 5th with concerns that their measures will be modified. The City responded back to them on May 7, 2026 informing them that the City is adding a conflict resolution measure and not modifying the existing Mitigation Measures TCR-1 through TCR-5. No further response is required and no changes to the IS/MND are required. To address potential conflicts regarding the tribal cultural resources, the City shall incorporate the following mitigation measure:
Mitigation Measure TCR-6: Conflict Resolution
As more than one Native American tribe is involved with the project, in the event of a conflict between TCR-2 and TCR-4 where the tribes cannot come to an agreement as to the disposition of TCRs, resources shall be curated at an AAM -accredited facility within San Bernardino County that can accession the resources into their permanent collections and provide for the proper care of these objects in accordance with the 1993 CA Curation Guidelines. The AAM-accredited facility shall be chosen by the City upon consultation with YSMN and the Kizh. A curation agreement with an appropriate qualified repository shall be developed between the landowner and museum that legally and physically transfers the collections and associated records to the facility.
This agreement shall stipulate the payment of fees necessary for permanent curation of the collections and associated records and the obligation of the Project developer/applicant to pay for those fees.
SCH #2026030801 – Verdemont Heights Residential Development Errata
3.0 ERRATA
No errata to the Initial Study are required as a result of the comments received as noted in Section 2.0.
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: Verdemont Heights Residential Development Applicant: GFR Homes Lead Agency: City of San Bernardino Date: June 2026
Mitigation Measures No. /
Implementing Action
Responsible for
Monitoring
Monitoring
Frequency
Timing of
Verification
Method of
Verification
Verified Date
/Initials
Section 3: Air Quality
Section 4: Biological Resources
BR-1: Preconstruction Survey for Nesting Birds -
Nesting birds are protected pursuant to the
Migratory Bird Treaty Act (MBTA) and California
Fish and Game Code (Sections 3503, 3503.5, 3511,
and 3513 prohibit the take, possession, or
destruction of birds, their nests or eggs). In order
to protect migrator y bird species, a nesting bird
clearance survey should be conducted prior to any
ground disturbance or vegetation removal
activities that may disrupt the birds during the
nesting season.
If construction occurs between February 1st and
August 31st, a pre -construction clearance survey
for nesting birds should be conducted within three
(3) days of the start of any vegetation removal or
ground disturbing activities to ensure that no
nesting bi rds will be disturbed during
construction. The biologist conducting the
clearance survey should document a negative
survey with a brief letter report indicating that no
impacts to active avian nests will occur. If an active
avian nest is discovered during the pre -
construction clearance survey, construction
activities should stay outside of a no -disturbance
buffer. The size of the no-disturbance buffer will be
determined by the wildlife biologist and will
depend on the level of noise and/or surrounding
anthropogenic disturbances, line of sight between
the nest and the construction activity, type and
duration of construction activity, ambient noise,
species habituation, and topographical barriers.
These factors will be evaluated on a case -by-case
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. /
Implementing Action
Responsible for
Monitoring
Monitoring
Frequency
Timing of
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Method of
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Verified Date
/Initials
basis when developing buffer distances. Limits of
construction to avoid an active nest will be
established in the field with flagging, fencing, or
other appropriate barriers; and construction
personnel will be instructed on the sensitivity of
nest areas. A biological monitor should be present
to delineate the boundaries of the buffer area and
to monitor the active nest to ensure that nesting
behavior is not adversely affected by the
construction activity. Once the young have fledged
and left the nest, or th e nest otherwise becomes
inactive under natural conditions, construction
activities within the buffer area can occur.
BR-2: Pre-Construction Burrowing Owl Clearance
Survey- To avoid direct impacts to burrowing owls,
a Designated Biologist shall conduct a pre -
construction presence/absence survey for
burrowing owls in accordance with “CDFW’s Staff
Report on Burrowing Owl Mitigation”. Two surveys
shall be conducted, the first 14 days prior to
ground disturbing activities and the second within
24 hours immediately before ground disturbing
activities. If burrowing owls are documented on -
site, the Applicant shall prepare and implement a
plan for avoidance or passive exclusion, in
coordination with the California Department of
Fish and Wildlife (CDFW). If no burrowing owls are
observed onsite, no further review will be required.
City of San
Bernardino, City
Planner or
designee
Pre-
construction if
construction
during nesting
season
14 days prior to
ground
disturbing
activities and
the second
within 24 hours
immediately
before ground
disturbing
On-site
inspection,
submittal of
survey report.
BR-3: Prior to the issuance of a grading permit, the
project applicant shall obtain a Streambed
Alteration Agreement under Section 1602 of the
California Fish and Game Code from CDFW and a
Report of Waste Discharge from the RWQCB.
City of San
Bernardino, City
Planner or
designee
Prior to the
issuance of a
grading permit
Prior to the
issuance of a
grading permit
On-site inspection
Section 5: Cultural Resources
CUL-1: An archaeological monitor with at least 3
years of regional experience in archaeology shall
be present for the initial clearing of the property
and then periodically, as determined by the project
archaeologist. The Principal Investigator (PI) may
submit a detailed letter to the City of San
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
Bernardino during earthwork to inform the City and
the Consulting Tribes, including Yuhaaviatam of
San Manuel Nation Cultural Resources
Management Department (YSMN), of a modification
to the monitoring program when field conditions
require a change in moni toring status. The
suspension of archaeological monitoring will be
determined in consultation with the Consulting
Tribes. After the initial grading, the Project
Archaeologist, in consultation with the Lead
Agency and YSMN, may reevaluate the
requirements of archaeological monitoring during
ground-disturbing activities based on the
conditions present at the project site.
CUL-2: Should unanticipated or
inadvertent surface and/or subsurface prehistoric
or historic archaeological resources, built
environment, and/or tribal cultural resources
appear to be encountered during construction or
maintenance activity associated with this pr oject,
then all work must halt within a 60 -foot radius of
the discovery until a qualified professional can
evaluate the discovery. The archaeologist shall
have the authority to modify the no-work radius as
appropriate, using professional judgment. If the
discovered resource is associated with the
prehistoric Native American occupation of this
area, the Consulting Tribes, including YSMN shall
be contacted to review and participate in the
evolution of the discovered resource.
If the resource is significant, the Principal
Investigator (PI) shall submit an Archaeological
Data Recovery Program (ADRP). An ADRP is a
standard plan that would report and disseminate
results, as well as interpretation of what has been
learned so that it is understandable and accessible
to the public. Professional standards for an ADRP
shall be followed (refer to Appendix C).
Appropriate arrangements for curation of
archaeological materials and records should be
Archaeological
Monitor
During
construction
Upon discovery
of prehistoric or
historic
archaeological
resources
On-site
inspection,
separate submittal
(Reports/Studies/
Plans)
Mitigation Measures No. /
Implementing Action
Responsible for
Monitoring
Monitoring
Frequency
Timing of
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Method of
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Verified Date
/Initials
made to the Lead Agency (City) and YSMN to
review and approve. Impacts to significant
resources must be mitigated before ground
disturbing activities in the area of discovery will be
allowed to resume. If the resource is not
significant, the archaeologist shall submit a letter
to the City 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.
CUL-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 are
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. 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 and 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 deter mined. Any
Contractor/
Archaeologist
Upon
discovery of
human
remains
Discussion with
the City
Discussion with
the City and
Review by Native
American
consultant
Mitigation Measures No. /
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Responsible for
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Monitoring
Frequency
Timing of
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Method of
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Verified Date
/Initials
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 13: Noise
NOI-1: The use of vibratory rollers, or other similar
vibratory equipment, shall be prohibited within 26
feet and large bulldozers within 15 feet of
residential structures to the south of the Project
Site. Construction activity that must occur within
these distances would need to be performed with
smaller equipment types that do not exceed the
vibratory threshold identified herein. Construction
activity is also limited by the City of San
Bernardino’s Municipal Code which limits
construction activities to occur onl y between the
hours of 7:00 AM and 8:00 PM.
City of San
Bernardino, City
Planner or
designee
Prior to and
during
Construction
Prior to
Certificate of
Occupancy
Plan check, on-
site inspection
Section 18: Tribal Cultural Resources
TCR-1: General Procedures and Protocols to Be
Implemented During Construction Monitoring
During Grading
Monitor(s) Shall Be Present During
Grading/Excavation/Trenching
The archaeological monitor with at least 3 years of
regional experience in archaeology shall be
present for the initial clearing of the property and
then periodically, as determined by the project
archaeologist.
Qualified
Archaeologist hired
by Applicant
During
construction
Upon
archaeological
discovery
On-site inspection
Mitigation Measures No. /
Implementing Action
Responsible for
Monitoring
Monitoring
Frequency
Timing of
Verification
Method of
Verification
Verified Date
/Initials
The Principal Investigator (PI) may submit a
detailed letter to the City of San Bernardino during
earthwork to inform the City and the Consulting
Tribes, including Yuhaaviatam of San Manuel
Nation Cultural Resources Management
Department (YSMN), of a modif ication to the
monitoring program when field conditions require
a change in monitoring status. The suspension of
archaeological monitoring will be determined in
consultation with the Consulting Tribes.
Discovery Notification Process
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 grad ing
activities in the area of discovery and in the area
reasonably suspected to overlay adjacent
resources.
If the discovered resource is associated with the
precontact Native American occupation of this
area, all ground -disturbing activities shall be
suspended 60 feet around the resource(s), and an
Environmentally Sensitive Area (ESA) physical
demarcation/barrier constructed. The Consulting
Tribes, including YSMN, shall be contacted to
review and participate in the evolution of the
discovered resource.
The monitor shall immediately notify the PI (unless
monitor is the PI) of the discovery, and
subsequently the property owner, Lead Agency,
and the Consulting Tribes shall be notified of the
discovery.
Determination of Significance
The PI shall evaluate the significance of the
resource. If human remains are involved,
follow protocol in Section D, below.
The PI shall immediately notify the Lead Agency
and the Consulting Tribes to discuss significance
Mitigation Measures No. /
Implementing Action
Responsible for
Monitoring
Monitoring
Frequency
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Method of
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/Initials
determination and develop a research design that
shall include a plan to evaluate the resource for
significance under CEQA criteria. Representatives
from YSMN, the Archaeologist, and the Lead
Agency shall confer regarding the research design,
as well as an y testing efforts needed to delineate
the resource boundary. Following the completion
of evaluation efforts, all parties shall confer
regarding the resource's archaeological
significance, its potential as a Tribal Cultural
Resource (TCR), and avoidance (or other
appropriate treatment) of the discovered resource.
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.
If the resource is significant, the PI shall submit an
Archaeological Data Recovery Program (ADRP) to
the Lead Agency and YSMN 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 City of San Bernardino and the
Consulting Tribes, indicating that artifacts will be
collected, curated, and documented in the final
monitoring report. The letter shall also indicate that
no further archaeological work is required.
Discovery of Human Remains
If human remains are discovered, work shall halt in
that area until a determination can be made
regarding the provenance of the human remains,
and the following procedures as set forth in CEQA
Section 15064.5(e), the California PRC (Sec.
5097.98), and the State Health and Safety Code
(Sec. 7050.5) shall be undertaken:
Mitigation Measures No. /
Implementing Action
Responsible for
Monitoring
Monitoring
Frequency
Timing of
Verification
Method of
Verification
Verified Date
/Initials
Notification
The archaeological monitor shall notify the PI, if the
monitor is not qualified as a PI.
The PI shall notify the medical examiner after
consultation with the lead agency, either in person
or via telephone.
Isolate discovery site
Work shall be directed away from the location of
the discovery and any nearby area reasonably
suspected to overlay adjacent human remains until
a determination can be made by the medical
examiner in consultation with the PI concerning the
provenance of the remains.
The medical examiner, in consultation with the PI,
will determine the need for a field examination to
determine the provenance.
If a field examination is not warranted, the medical
examiner will determine, with input from the PI, if
the remains are or are most likely to be of Native
American origin.
If human remains ARE determined to be Native
American
The medical examiner will notify the NAHC within
24 hours. By law, ONLY the medical examiner can
make this call.
The NAHC will immediately identify the person or
persons determined to be the Most Likely
Descendent (MLD) and provide contact
information.
The MLD will contact the PI within 24 hours or
sooner after the medical examiner has completed
coordination to begin the consultation process in
accordance with CEQA Section 15064.5(e), the
California Public Resources, and the State Health
and Safety Code.
The MLD will have 48 hours to make
recommendations to the property owner or
Mitigation Measures No. /
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representative for the treatment or disposition with
proper dignity of the human remains and
associated grave goods.
Disposition of Native American human remains will
be determined between the MLD and the PI, and, if:
The NAHC is unable to identify the MLD, OR the
MLD failed to make a recommendation within 48
hours after being notified by the NAHC; OR
The landowner or authorized representative rejects
the recommendation of the MLD and mediation in
accordance with PRC 5097.94 (k) by the NAHC fails
to provide measures acceptable to the landowner;
THEN
Upon the discovery of multiple Native American
human remains during a ground -disturbing land
development activity, the landowner may agree
that additional conferral with descendants is
necessary to consider culturally appropriate
treatment of multiple Nati ve American human
remains. Culturally appropriate treatment of such a
discovery may be ascertained from review of the
site utilizing cultural and archaeological standards.
Where the parties are unable to agree upon the
appropriate treatment measures, the h uman
remains and grave goods buried with the Native
American human remains shall be reinterred with
appropriate dignity.
If human remains are NOT Native American
The PI shall contact the medical examiner and
notify them of the historic- era context of the burial.
The medical examiner will determine the
appropriate course of action with the PI and lead
agency staff (PRC 5097.98).
If the remains are of historic origin, they shall be
appropriately removed and conveyed to the lead
agency. The decision for internment of the human
Mitigation Measures No. /
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remains shall be made in consultation with the lead
agency, the applicant/landowner, and any known
descendant group.
A.
TCR-2: Post-Construction
Preparation and Submittal of Draft Monitoring
Report
The PI shall submit to the City a draft monitoring
report (even if negative) prepared in accordance
with the agency guidelines, which describes the
results, analysis, and conclusions of all phases of
the archaeological monitoring program (with
appropriate graphics).
For significant archaeological resources
encountered during monitoring, the ADRP shall be
included in the draft monitoring report.
Recording sites with the State of California DPR
shall be the responsibility of the PI, including
recording (on the appropriate forms -DPR 523 A/B)
any significant or potentially significant resources
encountered during the archaeological monitoring
program.
All draft records/reports containing the
significance and treatment findings and data
recovery results shall be prepared by the
archaeologist and submitted to the Lead Agency
and YSMN for their review and comment. After
approval from all parties, the final reports and
site/isolate records are to be submitted to the local
CHRIS Information Center, the Lead Agency, and
YSMN.
The PI shall submit a revised draft monitoring
report to the City and the Consulting Tribes for
approval, including any changes or clarifications
requested by the City and the Consulting Tribes.
Handling of Artifacts
Archaeological
Monitor
Post
construction
Throughout
construction
On-site inspection
Mitigation Measures No. /
Implementing Action
Responsible for
Monitoring
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Frequency
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Method of
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/Initials
The PI shall be responsible for ensuring that all
cultural remains collected are cleaned and
cataloged.
Removal of any precontact cultural resource(s)
shall be conducted with the presence of a Tribal
monitor representing the YSMN, unless otherwise
decided by YSMN. All plans for analysis shall be
reviewed and approved by the Applicant and YSMN
prior to implem entation, and all removed material
shall be temporarily curated on -site in a secure
location. No precontact cultural resource(s) shall
be removed from the project area without prior
approval from YSMN.
The PI shall be responsible for ensuring that all
artifacts are analyzed to identify function and
chronology as they relate to the history of the area;
that faunal material is identified as to species; and
that specialty studies are completed, as
appropriate.
The cost for curation is the responsibility of the
property owner.
Curation of Artifacts
Any historical artifacts recovered from the project
shall be curated in an approved facility, such as the
Western Science Center.
It is the preference of YSMN that removed
precontact cultural material be reburied as close to
the original find location as possible. However,
should reburial within/near the original find
location during project implementation not be
feasible, then a reburial location for future reburial
shall be decided upon by YSMN, the landowner,
and the Lead Agency, and all finds shall be
reburied within this location. Additionally, in this
case, reburial shall not occur until all ground -
disturbing activities associat ed with the project
have been completed, all monitoring has ceased,
all cataloguing and basic recordation of cultural
resources have been completed, and a final
Mitigation Measures No. /
Implementing Action
Responsible for
Monitoring
Monitoring
Frequency
Timing of
Verification
Method of
Verification
Verified Date
/Initials
monitoring report has been issued to Lead Agency,
CHRIS, and YSMN. All reburials are subject to a
reburial agreement that shall be developed
between the landowner and YSMN outlining the
determined reburial process/location, and shall
include measures and p rovisions to protect the
reburial area from any future impacts.
Should it occur that avoidance, preservation in
place, and on -site reburial are not an option for
treatment, the landowner shall relinquish all
ownership and rights to this material and confer
with YSMN to identify an American Association of
Museums (AAM) -accredited facility within the
County that can accession the materials into their
permanent collections and provide for the proper
care of these objects in accordance with the 1993
CA Curation Guidelines. A curation agreement
with an appropriate qualified repository shall be
developed between the landowner and museum
that legally and physically transfers the collections
and associated records to the facility. This
agreement shall stipulate the payment of fees
necessary for permanent curation of the
collections and associated records and the
obligation of the Project developer/applicant to pay
for those fees.
Final Monitoring Report(s)
The PI shall submit the approved final monitoring
report to the City, the Consulting Tribes, and any
interested parties.
TCR 3: Retain a Native American Monitor Prior to
Commencement of Ground-Disturbing Activities
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
Archaeological
Monitor
Prior to, and
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
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.
A copy of the executed monitoring agreement
shall be submitted to the lead agency prior to the
earlier of: 1) the commencement of any ground -
disturbing activity, or 2) the issuance of any permit
necessary to commence a ground -disturbing
activity.
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.
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
Mitigation Measures No. /
Implementing Action
Responsible for
Monitoring
Monitoring
Frequency
Timing of
Verification
Method of
Verification
Verified Date
/Initials
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.
TCR 4: Unanticipated Discovery of Tribal Cultural
Resource Objects (Non-Funerary/Non-Ceremonial)
A. 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 K izh 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.
Archaeological
Monitor
Upon
discovery of
Tribal Cultural
Resources
during
construction
Throughout
construction
On-site inspection
TCR 5: Unanticipated Discovery of Human
Remains and Associated Funerary or Ceremonial
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 are discovered or recognized on the
project site, then Public Resource Code 5097.9 as
well as Health and Safety Code Section 7050.5 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).
Archaeological
Monitor
Upon
discovery of
Tribal Cultural
Resources
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
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.
TCR-6: Conflict Resolution
Mitigation Measure TCR-6: Conflict Resolution
As more than one Native American tribe is involved
with the project, in the event of a conflict between
TCR-2 and TCR-4 where the tribes cannot come to
an agreement as to the disposition of TCRs,
resources shall be curated at an AAM -accredited
facility wit hin San Bernardino County that can
accession the resources into their permanent
collections and provide for the proper care of these
objects in accordance with the 1993 CA Curation
Guidelines. The AAM -accredited facility shall be
chosen by the City upon co nsultation with YSMN
and the Kizh. A curation agreement with an
appropriate qualified repository shall be developed
between the landowner and museum that legally
and physically transfers the collections and
associated records to the facility. This agreem ent
shall stipulate the payment of fees necessary for
permanent curation of the collections and
associated records and the obligation of the
Project developer/applicant to pay for those fees.
Archaeological
Monitor & Applicant
During
construction
Throughout
construction
On-site inspection