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combination with the impacts of other past, present, and future projects, would not contribute to cumulatively significant effects.
c) Would the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Impact Analysis – Less Than Significant with Mitigation Under this threshold, the types of impacts analyzed consist of those that affect human health and well-being. As indicated by this Initial Study, the Project may cause or result in certain potentially significant environmental impacts that directly or indirectly affect human beings with respect to air quality, agriculture and forestry resources, geology and soils, energy, hazards, and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, utilities and service systems, and wildfire. In instances where impacts have been identified, mandatory compliance with federal, state, or local law is currently in place that effectively reduces environmental impacts. Potentially significant impacts related to these resources are mitigated by Mitigation Measures MM AQ-1 and MM NOI-1. Therefore, the potential adverse environmental impacts of the Project, in combination with the impacts of other past, present, and future projects, would not contribute to cumulatively significant effects.
Summary of Mitigation Measures
The following is a summary of Mitigation Measures for the convenience of the public and decision makers. Detailed analysis supporting each measure is provided in the applicable sections of this Initial Study.
Air Quality
MM AQ- 1 Diesel-Powered Equipment. Require all diesel-powered equipment used during construction to have an engine rating of Tier 4 Final.
Biological Resources
MM BIO-1 Burrowing Owl Preconstruction Survey. While suitable burrowing owl burrows are not present on the Project site at this time, there is potential for burrowing owl to occupy the site in the future; therefore, a one-visit pre-construction burrowing owl survey per CDFW protocols is required within 30 days before the initiation of construction:
• Pre-Construction Survey. A qualified Biologist shall conduct a protocol-level burrowing owl presence/absence survey of the Project site and a 500-foot buffer no more than 30 days prior to initiation of ground disturbance, in accordance with the CDFW 2012 Staff Report on Burrowing Owl Mitigation. Survey results shall be documented in a letter report submitted to the Lead Agency and CDFW prior to commencement of construction.
o If No Owls Are Detected. The letter report shall be submitted to the Lead Agency and CDFW for review and approval. If construction is delayed more than 30 days beyond the survey date, a new pre-construction survey shall be Initial Study/Mitigated Negative Declaration
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required.
o If Owls Are Detected. The qualified Biologist shall immediately notify the Lead Agency and CDFW, and CDFW-protocol buffer distances shall be established and delineated around all active burrows prior to any ground disturbance.
No construction activities shall occur within established buffers until the qualified Biologist confirms in writing that the burrow is no longer active, based on a minimum of three consecutive weeks of no observed owl activity.
The qualified Biologist shall conduct weekly buffer compliance monitoring and submit reports to the Lead Agency throughout the active construction period
MM BIO-2 Nesting Bird Preconstruction Survey. To avoid and minimize impacts on nesting birds and raptors, construction should be scheduled to begin between September 1 and January 31, which is outside the nesting season, if possible. If construction activities must occur during the nesting season (i.e., generally between February 1 and June 30 for raptors and between March 1 and August 31 for other nesting birds), a pre-construction nesting bird survey should be conducted by a qualified Biologist within 3 days prior to vegetation removal, ground disturbance, or initiation of construction activities. If the Biologist (as defined below) finds an active nest within or adjacent to the construction area, the Biologist will identify an appropriate protective buffer zone around the nest based on the species' sensitivity, the nature of the construction activity, and the level of existing disturbance in the vicinity.
Construction may be temporarily restricted in the area of the nest until nesting is complete, as determined by the Biologist.
Cultural Resources
MM CUL-1 The Applicant shall retain an archaeologist who meets the requirements of the Secretary of the Interior (SOI) Professional Qualifications Standards (“Qualified Archaeologist”) prior to the issuance of grading permits. If archaeological resources are discovered at the Project site, they will be handled as described below. All artifacts discovered shall be inventoried and analyzed by the SOI Archaeologist. If any artifacts of Native American origin are discovered, all activities in the immediate vicinity of the find (within a 60-foot radius) shall stop, and the SOI Archaeologist shall notify the Applicant, City, and the Yuhaaviatam of San Manuel Nation (YSMN), the AB 52 consulting tribe for the Project, as detailed in MM TCR-1. A designated Native American representative from YSMN shall be retained to help analyze the Native American artifacts for identification as everyday life and/or religious or sacred items, cultural affiliation, temporal placement, and function, as deemed possible. The significance of Native American resources shall be evaluated in accordance with CEQA and shall consider the religious beliefs, customs, and practices of the affiliated tribes. All items found in association with Native American human remains shall be regarded as grave goods or sacred in origin and subject to special handling.
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Native American artifacts relocated or reinterred at the Project site would be subject to a fully executed relocation/reburial agreement with the assisting Native American tribes or bands. This shall include measures and provisions to protect the reburial area from any future impacts. Relocation/reburial shall not occur until all cataloging and basic recordation are complete. Native American artifacts that cannot be avoided or relocated at the Project site shall be prepared in a manner for curation at either a Native American facility or an accredited curation facility in San Bernardino County that meets federal standards per 36 CFR Part 79 and makes the artifacts available to other archaeologists/ researchers/ Native American community members for further study. The SOI Archaeologist shall deliver the Native American artifacts, including title, to the accredited curation facility within a reasonable amount of time, along with the fees necessary for permanent curation.
Non-Native American artifacts shall be inventoried, assessed, and analyzed for cultural affiliation, personal affiliation (prior ownership), function, and temporal placement. After analysis and reporting, these artifacts will be either curated or returned to the property owner, as deemed appropriate. All artifacts, except for human remains and related grave goods or sacred/ceremonial objects, belong to the property owner.
MM CUL-2 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 the 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. Additionally, the Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) shall be contacted, as detailed within TCR-1, regarding any pre-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.
MM CUL-3 If significant pre-contact cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to YSMN for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.
Geology and Soils
MM PALEO-1 Inadvertent Discovery of Paleontological Resources. If potential paleontological resources are discovered during ground-disturbing activities, work shall stop in that area and within 30 feet of the find until a qualified paleontologist can assess the significance of the find and, if necessary, develop appropriate treatment measures. Treatment measures may include monitoring by a qualified paleontologist during construction-related ground-disturbing activities. The monitor will retain the option to reduce tracking if it is determined that the sediments were previously disturbed. Monitoring may also be decreased if Initial Study/Mitigated Negative Declaration
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potentially fossiliferous units are absent or, if present, are determined to have low potential to contain fossil resources. The monitor will be equipped to salvage fossils and samples of sediments as they are unearthed and will be empowered to temporarily halt or divert equipment to allow the removal of abundant or large specimens. Recovered specimens will be prepared to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Specimens will be curated into a professional, accredited museum repository with permanent, retrievable storage. A report of findings, with an appended itemized inventory of specimens, will be prepared and will signify completion of the mitigation.
Noise
MM NOI-1 Construction Management Program. Prior to the issuance of a grading permit, the following notes shall be included on grading plans and building plans. Project contractors shall be required to ensure compliance with the notes and permit periodic inspection of the construction site by City of San Bernardino staff or its designee to confirm compliance. These notes shall also be specified in bid documents issued to prospective construction contractors. vii. Construction should occur during the permissible hours as defined in Section 8.54.050.
viii. During construction, the contractor shall ensure all construction equipment is equipped with appropriate noise attenuating devices. ix. The contractor should locate equipment staging areas that will create the most significant distance between construction-related noise/vibration sources and sensitive receptors nearest the project site during all project construction.
x. Idling equipment should be turned off when not in use. xi. Equipment shall be maintained so that vehicles and their loads are secured from rattling and banging.
xii. The retaining/perimeter wall will be constructed during the grading phase to minimize the impact of construction noise during the subsequent stages.
PDF NOI-1 Sound Wall.
▪ A 7 ft sound wall shall be installed at the property line abutting Little Mountain Drive to reduce the exterior noise levels at the residential buildings located directly facing the roadway by ~10 dB, reducing the estimated 72 dBA CNEL down to 64 dBA CNEL, which falls within the normally acceptable category. ▪ Any upper floor facades (above the shielding of the wall) facing Little Mountain Drive should have STC 30 or higher to achieve the requirements for interior noise levels.
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▪ Once the final design is ready, a final exterior-to-interior noise isolation study shall be conducted to ensure that the interior noise levels are within the City’s requirements.
Tribal Cultural Resources
MM TCR-1 The Yuhaaviatam of San Manuel Nation Cultural Resources Management Department (YSMN) shall be contacted, as detailed in CUL-2, 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, 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.
MM TCR – 2 Any archaeological/cultural documents created as a part of the project (isolated 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 s hall, in good faith, coordinate with YSMN throughout all ground-disturbing activities associated with project construction, consistent with the mitigation measures adopted for the project pursuant to Public Resources Code Section 21082.3.