Mitigation Monitoring and Reporting Program
Initial Study/Mitigated Negative Declaration
Marcos Specific Plan Project
SEPTEMBER 2023
Prepared for:
CITY OF SAN MARCOS
1 Civic Center Drive
San Marcos, California 92069
Contact: Chris Garcia
Prepared by:
605 Third Street
Encinitas, California 92024
Contact: Vanessa Scheidel
Printed on 30% post-consumer recycled material.
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Table of Contents
SECTION PAGE NO.
1 Introduction .......................................................................................................................................................... 1 2 Mitigation Monitoring and Reporting Program Table ......................................................................................... 3 TABLE
1 Mitigation Monitoring and Reporting Program ................................................................................................... 3
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1 Introduction
The California Environmental Quality Act (CEQA) requires that a public agency adopting a Mitigated Negative Declaration (MND) take affirmative steps to determine that approved mitigation measures are implemented after project approval. The lead or responsible agency must adopt a reporting and monitoring program for the mitigation measures incorporated into a project or included as conditions of approval. The program must be designed to ensure compliance with the MND during project implementation (California Public Resources Code, Section 21081.6(a)(1)).
This Mitigation Monitoring and Reporting Program (MMRP) will be used by the City of San Marcos (City) to ensure compliance with adopted mitigation measures identified in the MND for the proposed Marcos Specific Plan Project (project) located at the northwest corner of Grand Avenue and Linda Vista Drive in San Marcos, California when construction begins. The City, as the lead agency, will be responsible for ensuring that all mitigation measures are carried out. Implementation of the mitigation measures would reduce impacts to below a level of significance for biological resources, cultural resources, geology and soils (paleontological resources ), hazards and hazardous materials, transportation, and tribal cultural resources.
The remainder of this MMRP consists of a table that identifies the mitigation measures by resource for each project component. Table 1 identifies the mitigation monitoring and reporting requirements, list of mitigation measures, party responsible for implementing mitigation measures, timing for implementation of mitigation measures, agency responsible for monitoring of implementation, and date of completion. With the MND and related documents, this MMRP will be kept on file at the following location:
City of San Marcos
Planning Division
1 Civic Center Drive
San Marcos, California 92069
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2 Mitigation Monitoring and Reporting Program Table
Table 1 Mitigation Monitoring and Reporting Program
Mitigation Measure
Implementation
Timing
Party Responsible
for Implementation
Party Responsible
for Monitoring
Date of Completion/
Notes
Biological Resources
MM-BIO-1: Sensitive Vegetation and Resources
Protection. Indirect impacts to sensitive riparian and wetland vegetation communities, sensitive habitat,
and jurisdictional aquatic resources located within
the existing Conservation Area, which will remain
under the City’s jurisdiction, shall be avoided
through implementation of the following measures.
a. All proposed lighting systems associated
with proposed future development shall comply
with City standards for shielded low sodium, low
wattage lighting designed to cut glare and light
scatter and to direct light away from the
Conservation Area.
b. Signage shall be installed by the project
applicant or its designee along the
development/open space interface and/or
should be provided at existing buildings where
determined appropriate by the City for the
purpose of identifying sensitive habitats and
educating visitors and residents of sensitive
habitats and/or restoration efforts. Signage
shall include information regarding the
importance of not allowing pets to roam
outdoors and off-leash, both for the safety of
pets and to protect native wildlife.
c. The Conservation Area shall be strategically
fenced to ensure habitat protection and to
Prior to and during
construction
Project applicant and
their construction
contractor
City of San Marcos
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minimize conflicts with adjacent neighborhoods.
All necessary fencing shall be designed to allow
for wildlife passage but deter human use of the
Conservation Area. The Conservation Area shall
be fenced using permanent chain-link fencing.
d. The limits of work shall be clearly defined
and marked in the field and reviewed by a
qualified biologist for consistency against the
approved grading plan prior to initiation of
project construction.
e. All site preparation and construction
activities shall incorporate standard erosional
best management practices (BMPs) including,
but not limited to, straw bales, gravel bags,
sand bags, the periodic watering of bare areas,
and the direction of construction area drainage
to existing storm drain facilities.
f. All equipment maintenance, staging areas,
and dispensing of fuel, oil, or other toxicants
shall occur in designated upland areas at least
50 feet from the Conservation Area.
g. Install silt fencing and other silt containment
devices where necessary to prevent off-site
transport of sediment and pollutants. Install oil
and grease traps at any storm drain inlets which
are adjacent to or within work areas.
h. Any post-construction BMPs shall be
described in a Stormwater Management Plan to
illustrate how runoff from proposed
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Table 1 Mitigation Monitoring and Reporting Program
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developments will be treated prior to its
discharge into the drainage.
MM-BIO-2: Nesting Bird Surveys. Construction-
related ground-disturbing activities (e.g.,
clearing/grubbing, grading, and other intensive
activities) that occur during the breeding season
(February 15 through August 31 for most species,
and from January 15 through August 31 for raptors,)
shall require a one-time biological survey for nesting
bird species to be conducted by a qualified biologist
within the limits of work within 72 hours prior to
construction. This survey is necessary to ensure
avoidance of impacts to nesting raptors and/or birds
protected by the federal Migratory Bird Treaty Act
and California Fish and Game Code, Sections 3503
and 3513. If any active nests are detected, the area
shall be flagged and mapped on the construction
plans or a biological resources figure, and the
information provided to the construction supervisor
and any personnel working near the nest buffer.
Active nests shall have “no work zone” buffers
established around them (e.g., 250 feet for
passerines to 500 feet for raptors) by the project
biologist in the field with brightly colored flagging
tape, conspicuous fencing, or other appropriate
barriers or signage. The project biologist shall serve
as a construction monitor during those periods when
construction activities occur near active nest areas
to avoid inadvertent impacts to these nests. The
project biologist may adjust the 250-foot or 500-foot
setback at his or her discretion depending on the
species and the location of the nest (e.g., if the nest Prior to and during
construction
Project applicant and
their construction
contractor
City of San Marcos
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is well protected in an area buffered by dense
vegetation). However, if needed, additional qualified
monitor(s) shall be provided in order to monitor
active nest(s) or other project activities in order to
ensure all of the project biologist’s duties are
completed. Once the nest is no longer occupied for
the season as determined by the project biologist,
construction may proceed in the setback areas.
If construction activities, particularly
clearing/grubbing, grading, and other intensive
activities, stop for more than 3 days, an additional
nesting bird survey shall be conducted within the
proposed impact area.
Cultural Resources
MM-CUL-1: Pre-Excavation Agreement. Prior to the
issuance of a Grading Permit, or ground disturbing
activities, the Applicant/Owner shall enter into a
Tribal Cultural Resources Treatment and
Repatriation Agreement (Pre-Excavation Agreement)
with a Traditionally and Culturally Affiliated Native
American Tribe (TCA Tribe), identified in consultation
with the City. The purpose of the Pre-Excavation
Agreement shall be to formalize protocols and
procedures between the Applicant/Owner and the
TCA Tribe for the protection, treatment, and
repatriation of Native American human remains,
funerary objects, cultural and/or religious
landscapes, ceremonial items, traditional gathering
areas, and other tribal cultural resources. Such
resources may be located within and/or discovered
during ground disturbing and/or construction
Prior to and during
construction
Project applicant and
their construction
contractor
City of San Marcos
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activities for the proposed project, including any
additional culturally appropriate archaeological
studies, excavations, geotechnical investigations,
grading, preparation for wet and dry infrastructure,
and other ground disturbing activities. Any project-
specific Monitoring Plans and/or excavation plans
prepared by the project archaeologist shall include
the TCA Tribe requirements for protocols and
protection of tribal cultural resources that were
agreed to during the tribal consultation.
The landowner shall relinquish ownership of all non-
burial related tribal cultural resources collected
during construction monitoring and from any
previous archaeological studies or excavations on
the project site to the TCA Tribe for proper treatment
and disposition per the Pre-Excavation Agreement,
unless ordered to do otherwise by responsible
agency or court of competent jurisdiction. The
requirement and timing of such release of
ownership, and the recipient thereof, shall be
reflected in the Pre-Excavation Agreement. If the TCA
Tribe does not accept the return of the cultural
resources, then the cultural resources will be subject
to curation.
MM-CUL-2: Construction Monitoring. Prior to the
issuance of a Grading Permit or ground disturbing
activities, the Applicant/Owner or Grading Contractor
shall provide written documentation (either as
signed letters, contracts, or emails) to the City’s
Planning Division stating that a Qualified
Archaeologist and Traditionally and Culturally
Affiliated Native American monitor (TCA Native
Prior to and during
construction
Project applicant and
their construction
contractor
City of San Marcos
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American monitor) have been retained at the
Applicant/Owner or Grading Contractor’s expense to
implement the construction monitoring program, as
described in the Pre-Excavation Agreement.
In the event that one or more TCA Tribe chooses not
to enter into an agreement, or fails to respond to the
offer, the City shall extend the opportunity for
another tribe to provide a monitor. In the event that
more than one TCA Tribe requests to provide a TCA
Native American monitor for activities subject to
these measures, the City will allow for either: 1) up to one monitor from each consulting tribe to be present
simultaneously; or 2) for the tribes to develop a
rotating schedule that alternates monitoring
between the tribes on a daily or weekly basis. The
monitors shall be provided at least 72 hours’ notice
of the initiation of construction and be kept
reasonably apprised of changes to the construction
schedule. In the event that a monitor is not present
at the scheduled time, work can continue without
the monitor present, as long as the notice was given
and documented.
The Qualified Archaeologist and TCA Native American
monitor shall be invited to attend all applicable pre-
construction meetings with the General Contractor
and/or associated subcontractors to present the
construction monitoring program. The Qualified
Archaeologist and TCA Native American monitor shall
be present on site during grubbing, grading,
trenching, and/or other ground disturbing activities
that occur in areas of native soil or other permeable
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natural surfaces that have the potential to unearth
any evidence of potential archaeological resources
or tribal cultural resources. In areas of artificial
paving, the Qualified Archaeologist and TCA Native
American monitor shall be present on site during
grubbing, grading, trenching, and/or other ground
disturbing activities that have the potential to disturb more than six inches below the original pre-project
ground surface to identify any evidence of potential
archaeological or tribal cultural resources. No
monitoring of fill material, existing or imported, will be required if the General Contractor or developer
can provide documentation to the satisfaction of the
City that all fill materials being utilized at the site are either: 1) from existing commercial (previously
permitted) sources of materials; or 2) are from
private or other non-commercial sources that have
been determined to be absent of tribal cultural
resources by the Qualified Archaeologist and TCA
Native American monitor.
The Qualified Archaeologist and TCA Native American
monitor shall maintain ongoing collaborative
coordination with one another during all ground
disturbing activities. The requirement for the
construction monitoring program shall be noted on
all applicable construction documents, including
demolition plans, grading plans, etc. The Applicant/
Owner or Grading Contractor shall provide written
notice to the Planning Division and the TCA Tribe,
preferably through e-mail, of the start and end of all
ground disturbing activities.
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Prior to the release of any grading bonds, or prior to
the issuance of any project Certificate of Occupancy,
an archaeological monitoring report, which describes
the results, analysis, and conclusions of the
construction monitoring shall be submitted by the
Qualified Archaeologist, along with any TCA Native
American monitor’s notes and comments received
by the Qualified Archaeologist, to the Planning
Division Manager for approval. Once approved, a
final copy of the archaeological monitoring report
shall be retained in a confidential City project file
and may be released, as a formal condition of
Assembly Bill (AB) 52 consultation, to San Luis Rey
Band of Mission Indians, Rincon Band of Luiseño
Indians, San Pasqual Band of Mission Indians or any
parties involved in the project specific monitoring or
consultation process. A final copy of the report, with
all confidential site records and appendices, will also be submitted to the South Coastal Information
Center after approval by the City.
MM-CUL-3: Unanticipated Discovery Procedures.
Both the Qualified Archaeologist and the TCA Native
American monitor may temporarily halt or divert
ground disturbing activities if potential
archaeological resources or tribal cultural resources
are discovered during construction activities. Ground
disturbing activities shall be temporarily directed
away from the area of discovery for a reasonable
amount of time to allow a determination of the
resource’s potential significance. Isolates and clearly non-significant archaeological resources (as
determined by the Qualified Archaeologist, in
consultation with the TCA Native American monitor)
During
construction
Project applicant and
their construction
contractor
City of San Marcos
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will be minimally documented in the field. All
unearthed archaeological resources or tribal cultural
resources will be collected, temporarily stored in a
secure location (or as otherwise agreed upon by the
Qualified Archaeologist and the TCA Tribe), and
repatriated according to the terms of the Pre-
Excavation Agreement, unless ordered to do
otherwise by responsible agency or court of
competent jurisdiction.
If a determination is made that the archaeological
resources or tribal cultural resources are considered
potentially significant by the Qualified Archaeologist, the TCA Tribe, and the TCA Native American monitor,
then the City and the TCA Tribe shall determine, in
consultation with the Applicant/Owner and the
Qualified Archaeologist, the culturally appropriate
treatment of those resources.
If the Qualified Archaeologist, the TCA Tribe, and the
TCA Native American monitor cannot agree on the
significance or mitigation for such resources, these
issues will be presented to the Planning Division
Manager for decision. The Planning Division
Manager shall make a determination based upon
the provisions of CEQA and California Public
Resources Code Section 21083.2(b) with respect to
archaeological resources and California Public
Resources Section 21704 and 21084.3 with respect
to tribal cultural resources, and shall take into
account the religious beliefs, cultural beliefs,
customs, and practices of the TCA Tribe.
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All sacred sites, significant tribal cultural resources, and/or unique archaeological resources
encountered within the project area shall be avoided
and preserved as the preferred mitigation. If
avoidance of the resource is determined to be
infeasible by the City as the Lead Agency, then the
City shall require additional culturally appropriate
mitigation to address the negative impact to the
resource, such as, but not limited to, the funding of
an ethnographic study and/or a data recovery plan,
as determined by the City in consultation with the
Qualified Archaeologist and the TCA Tribe. The TCA
Tribe shall be notified and consulted regarding the
determination and implementation of culturally
appropriate mitigation and the drafting and
finalization of any ethnographic study and/or data
recovery plan, and/or other culturally appropriate
mitigation. Any archaeological isolates or other
cultural materials that cannot be avoided or
preserved in place as the preferred mitigation shall
be temporarily stored in a secure location on site (or
as otherwise agreed upon by the Qualified
Archaeologist and TCA Tribe), and repatriated
according to the terms of the Pre-Excavation
Agreement, unless ordered to do otherwise by
responsible agency or court of competent
jurisdiction. The removal of any artifacts from the
project site will be inventoried with oversight by the
TCA Native American monitor.
If a data recovery plan is authorized as indicated
above and the TCA Tribe does not object, then an
adequate artifact sample to address research
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avenues previously identified for sites in the area will be collected using professional archaeological
collection methods. If the Qualified Archaeologist
collects such resources, the TCA Native American
monitor must be present during any testing or
cataloging of those resources. Moreover, if the
Qualified Archaeologist does not collect the cultural
resources that are unearthed during the ground
disturbing activities, the TCA Native American
monitor may, at their discretion, collect said
resources for later reburial or storage at a local
curation facility, as described in the Pre-Excavation
Agreement.
In the event that curation of archaeological
resources or tribal cultural resources is required by a superseding regulatory agency, curation shall be
conducted by an approved local facility within San
Diego County and the curation shall be guided by
California State Historical Resources Commission’s
Guidelines for the Curation of Archaeological
Collections. The City shall provide the
Applicant/Owner final curation language and
guidance on the project grading plans prior to
issuance of the grading permit, if applicable, during
project construction. The Applicant/Owner shall be
responsible for all repatriation and curation costs
and provide to the City written documentation from
the TCA Tribe or the curation facility, whichever is
most applicable, that the repatriation and/or
curation have been completed.
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MM-CUL-4: Human Remains. As specified by
California Health and Safety Code Section 7050.5, if
human remains, or remains that are potentially
human, are found on the project site during ground
disturbing activities or during archaeological work,
the person responsible for the excavation, or his or
her authorized representative, shall immediately
notify the San Diego County Medical Examiner’s
Office by telephone. No further excavation or
disturbance of the discovery or any nearby area
reasonably suspected to overlie adjacent remains
(as determined by the Qualified Archaeologist and/or
the TCA Native American monitor) shall occur until
the Medical Examiner has made the necessary
findings as to origin and disposition pursuant to
Public Resources Code 5097.98.
If such a discovery occurs, a temporary construction
exclusion zone shall be established surrounding the
area of the discovery so that the area would be
protected (as determined by the Qualified
Archaeologist and/or the TCA Native American
monitor), and consultation and treatment could
occur as prescribed by law. As further defined by
State law, the Medical Examiner will determine
within two working days of being notified if the
remains are subject to his or her authority. If the
Medical Examiner recognizes the remains to be
Native American, and not under his or her
jurisdiction, then he or she shall contact the Native
American Heritage Commission by telephone within
24 hours. The Native American Heritage Commission
will make a determination as to the Most Likely
During
construction
Project applicant and
their construction
contractor
City of San Marcos
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Descendent, who shall be afforded 48 hours from
the time access is granted to the discovery site to
make recommendations regarding culturally
appropriate treatment.
If suspected Native American remains are
discovered, the remains shall be kept in situ (in
place) until after the Medical Examiner makes its
determination and notifications, and until after the
Most Likely Descendent is identified, at which time
the archaeological examination of the remains shall
only occur on site in the presence of the Most Likely
Descendent. The specific locations of Native
American burials and reburials will be proprietary
and not disclosed to the general public. According to
California Health and Safety Code, six or more
human burials at one location constitute a cemetery
(Section 8100), and disturbance of Native American
cemeteries is a felony (Section 7052). In the event
that the Applicant/Owner and the Most Likely
Descendant are in disagreement regarding the
disposition of the remains, State law will apply, and
the mediation process will occur with the NAHC. In
the event that mediation is not successful, the
landowner shall rebury the remains at a location free
from future disturbance (see Public Resources Code
Section 5097.98(e) and 5097.94(k)).
Geology and Soils
MM-GEO-1: In the event that paleontological
resources (fossil remains) are exposed during
construction activities for the proposed project, all
Prior to and during
construction
Project applicant and
their construction
contractor
City of San Marcos
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construction work occurring within 50 feet of the find
shall immediately stop until a qualified
paleontologist, as defined by the Society of
Vertebrate Paleontology’s 2010 guidelines, can
assess the nature and importance of the find.
Depending on the significance of the find, the
paleontologist may record the find and allow work to
continue or recommend salvage and recovery of the
resource. All recommendations will be made in
accordance with the Society of Vertebrate
Paleontology’s 2010 guidelines and shall be subject
to review and approval by the City of San Marcos.
Work in the area of the find may only resume upon
approval of a qualified paleontologist.
Hazards and Hazardous Materials
MM-HAZ-1: Soil Management Plan. Prior to
commencement of construction or excavation
activities, a Soil Management Plan (SMP) shall be
prepared for use during earthmoving activities to
address potential residual impacts in soil from prior
releases on the project site, as well as potential
unknown impacts that could be encountered (e.g.,
USTs). Known areas of concern include very limited
areas of diesel in soil at 1010 Linda Vista Drive and
1023/1031 Grand Avenue. There was also a former
tank at 961 Grand Avenue; soil beneath the tank
was reportedly clean, however, the location could be
noted in the SMP in an abundance of caution.
Details regarding the former impacts are discussed
in the December 2022 Phase I ESA prepared by
Dudek and other pertinent publicly available cleanup
reports. The SMP shall identify these known areas of
Prior to
construction
Project applicant and
their construction
contractor
City of San Marcos
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concern and include training procedures for
identification of contamination, if present. The SMP
shall describe procedures for assessment,
characterization, management, and disposal of
hazardous constituents, materials, and wastes, in
accordance with all applicable state and local
regulations. Contaminated soils shall be managed
and disposed of in accordance with local and state
regulations. The SMP shall include health and safety
measures, which may include but are not limited to
periodic work breathing zone monitoring and
monitoring for volatile organic compounds using a
handheld organic vapor analyzer in the event
impacted soils are encountered during excavation
activities.
Transportation
MM-TRA-1: Transportation Demand Management
(TDM) Program. To reduce the average VMT per
employee, the property manager of the office
component of the project shall provide transit
information to the tenants as well as offers for
transit passes or subsidizes transit fares. Rideshare
and micro mobility parking shall be provided on site,
as well as bicycle racks. Tenants within the office
areas will be encouraged to implement
telecommuting, flexible work schedules, and/or
compressed work weeks. Additionally, a preferential
parking permit program shall be implemented.
Prior to operation Project applicant and
property manager
City of San Marcos
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