Mitigation Monitoring and Reporting Program
Initial Study/Mitigated Negative Declaration
Restaurant Row Project
PROJECT NO: SP22-0004
ENVIRONMENTAL DOCUMENT NO: ND23-011
OCTOBER 2023
Prepared for:
CITY OF SAN MARCOS
1 Civic Center Drive
San Marcos, California 92069
Contact: Sean del Solar
Prepared by:
605 Third Street
Encinitas, California 92024
Contact: Vanessa Scheidel
Printed on 30% post-consumer recycled material.
13844 i OCTOBER 2023
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
Restaurant Row Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration
13844 ii OCTOBER 2023
INTENTIONALLY LEFT BLANK
13844 1 OCTOBER 2023
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 Restaurant Row Project (project) located at 1020 West San Marcos Boulevard (northwest corner of West San Marcos Boulevard and Via Vera Cruz) 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 significa nce for biological resources, cultural resources, 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
Restaurant Row Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration
13844 2 OCTOBER 2023
INTENTIONALLY LEFT BLANK
13844 3 OCTOBER 2023
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: To comply with the Migratory Bird Treaty
Act, a pre-construction nesting bird survey would be
conducted if demolition or construction occurs within
the nesting season (January 15 to September 15).
Prior to
construction
Project applicant and
their construction
contractor
City of San Marcos
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
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-
Prior to and during
construction
Project applicant and
their construction
contractor
City of San Marcos
Restaurant Row Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration
13844 4 OCTOBER 2023
Table 1 Mitigation Monitoring and Reporting Program
Mitigation Measure
Implementation
Timing
Party Responsible
for Implementation
Party Responsible
for Monitoring
Date of Completion/
Notes
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
American monitor) have been retained at the
Applicant/Owner or grading contractor’s expense to
Prior to and during
construction
Project applicant and
their construction
contractor
City of San Marcos
Restaurant Row Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration
13844 5 OCTOBER 2023
Table 1 Mitigation Monitoring and Reporting Program
Mitigation Measure
Implementation
Timing
Party Responsible
for Implementation
Party Responsible
for Monitoring
Date of Completion/
Notes
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
natural surfaces that have the potential to unearth
any evidence of potential archaeological resources
Restaurant Row Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration
13844 6 OCTOBER 2023
Table 1 Mitigation Monitoring and Reporting Program
Mitigation Measure
Implementation
Timing
Party Responsible
for Implementation
Party Responsible
for Monitoring
Date of Completion/
Notes
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 6 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.
Prior to the release of any grading bonds, or prior to
the issuance of any project Certificate of Occupancy,
Restaurant Row Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration
13844 7 OCTOBER 2023
Table 1 Mitigation Monitoring and Reporting Program
Mitigation Measure
Implementation
Timing
Party Responsible
for Implementation
Party Responsible
for Monitoring
Date of Completion/
Notes
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 52 consultation, to San Luis Rey Band
of Mission Indians, San Pasqual Band of Mission
Indians, and Rincon Band of Luiseño 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
Traditionally and Culturally Affiliated (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) will be minimally
During
construction
Project applicant and
their construction
contractor
City of San Marcos
Restaurant Row Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration
13844 8 OCTOBER 2023
Table 1 Mitigation Monitoring and Reporting Program
Mitigation Measure
Implementation
Timing
Party Responsible
for Implementation
Party Responsible
for Monitoring
Date of Completion/
Notes
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 the California Environmental Quality
Act 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.
Restaurant Row Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration
13844 9 OCTOBER 2023
Table 1 Mitigation Monitoring and Reporting Program
Mitigation Measure
Implementation
Timing
Party Responsible
for Implementation
Party Responsible
for Monitoring
Date of Completion/
Notes
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
Restaurant Row Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration
13844 10 OCTOBER 2023
Table 1 Mitigation Monitoring and Reporting Program
Mitigation Measure
Implementation
Timing
Party Responsible
for Implementation
Party Responsible
for Monitoring
Date of Completion/
Notes
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 in 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
Restaurant Row Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration
13844 11 OCTOBER 2023
Table 1 Mitigation Monitoring and Reporting Program
Mitigation Measure
Implementation
Timing
Party Responsible
for Implementation
Party Responsible
for Monitoring
Date of Completion/
Notes
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 Traditionally and Culturally
Affiliated [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 2 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
During
construction
Project applicant and
their construction
contractor
City of San Marcos
Restaurant Row Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration
13844 12 OCTOBER 2023
Table 1 Mitigation Monitoring and Reporting Program
Mitigation Measure
Implementation
Timing
Party Responsible
for Implementation
Party Responsible
for Monitoring
Date of Completion/
Notes
determination as to the Most Likely 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 Native
American Heritage Commission. 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 Sections
5097.98(e) and 5097.94(k)).
Transportation
Restaurant Row Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration
13844 13 OCTOBER 2023
Table 1 Mitigation Monitoring and Reporting Program
Mitigation Measure
Implementation
Timing
Party Responsible
for Implementation
Party Responsible
for Monitoring
Date of Completion/
Notes
MM-TRA-1: Prior to the issuance of a grading permit,
the applicant/developer/property owner shall submit
an executed version of petition to annex into and
establish, with respect to the property, the special
taxes levied by the following Community Facility
District: CFD2011-01 (congestion management).
Prior to issuance
of grading permit
Project applicant and
their construction
contractor
City of San Marcos
Restaurant Row Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration
13844 14 OCTOBER 2023
INTENTIONALLY LEFT BLANK