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HomeMy WebLinkAboutMMRP Document Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration Jefferson Fontana Apartment Project NOVEMBER 2023 Prepared for: CITY OF FONTANA 8353 Sierra Avenue Fontana, California 92335 Contact: George Velarde, Assistant Planner Prepared by: 605 Third Street Encinitas, California 92024 Contact: Kristen Stoner Printed on 30% post-consumer recycled material. 14386.05 i NOVEMBER 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 Jefferson Fontana Apartment Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration 14386.05 ii NOVEMBER 2023 INTENTIONALLY LEFT BLANK 14386.05 1 NOVEMBER 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 Fontana (City) to ensure compliance with adopted mitigation measures identified in the MND for the proposed Jefferson Fontana Apartment Project (project) located at the southwest corner of Valley Boulevard and Juniper Avenue, Fontana, California (project) 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, hazards and hazardous materials, noise, 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 Fontana Planning Department 8353 Sierra Avenue Fontana, California 92335 Southwest Corner of 5th Street and Central Avenue Warehouse Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration 14386.05 2 NOVEMBER 2023 INTENTIONALLY LEFT BLANK 14386.05 3 NOVEMBER 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: Nesting Bird Avoidance. The project should avoid the avian nesting season to reduce all potential impact to protected birds and their nests. In the event the project must commence during the nesting season (February – September), a pre- construction nesting survey should be conducted within 3 days prior to ground disturbing activities to determine the presence/absence of nesting birds. If an active nest is found on the study area, a qualified biologist will establish a buffer around the nest (up to 500 feet for raptors and 300 feet for passerine birds) and ongoing biological monitoring during construction may be required until the nestlings have fledged and the nest is no longer active. The buffer will be established by a biologist based on the sensitivity of the species to disturbance and the proximity to project activities. Construction activities may commence outside of the buffer under the discretion of a monitoring biologist. One the monitoring biologist has determined the nest is no longer active, the buffer can be removed, and construction may continue. Prior to and during construction Project applicant and their construction contractor City of Fontana Cultural Resources MM-CUL-1: Cultural Resource Conditional Monitoring and Inadvertent Discovery Plan. A qualified archaeologist shall be retained to assess Prior to and during construction Project applicant and their construction contractor City of Fontana Jefferson Fontana Apartment Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration 14386.05 4 NOVEMBER 2023 Table 1 Mitigation Monitoring and Reporting Program Mitigation Measure Implementation Timing Party Responsible for Implementation Party Responsible for Monitoring Date of Completion/ Notes information available (final grading and construction plans, geotechnical testing results, as- built plans, etc.) and determine the depth at which native soils exist and would be impacted by Project implementation. The depth of native soils shall be included in the Plan so as to guide when a pedestrian survey of native soils shall occur after fill soils have been removed. Potential impacts to cultural resources shall be minimized through implementation of pre- and post- construction tasks. Tasks pertaining to cultural resources include the development of a cultural resource inadvertent discovery plan (Plan). The purpose of the Plan is to outline a program of treatment and mitigation in the case of an inadvertent discovery of cultural resources during ground-disturbing phases (including but not limited to preconstruction site mobilization and testing, grubbing, removal of soils for remediation, construction ground disturbance, construction grading, trenching, and landscaping) and to provide for the proper identification, evaluation, treatment, and protection of any cultural resources throughout the duration of the Project. This Plan shall define the process to be followed for the identification and management of cultural resources in the Project area during construction. Existence of and importance of adherence to this Plan shall be stated on all Project site plans intended for use by those conducting the ground disturbing activities. The Plan shall also include the conditions under which monitoring is required, if at all, based on the results of the pedestrian survey and the manner of facilitation. Jefferson Fontana Apartment Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration 14386.05 5 NOVEMBER 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-2: Workers Environmental Awareness Program. Prior to the start of construction activities, all construction personnel and monitors shall be trained regarding identification and treatment protocol for inadvertent discoveries of cultural resources (archaeological and tribal) and human remains. A basic presentation and handout or pamphlet shall be prepared in order to ensure proper identification and treatment of inadvertent discoveries of cultural resources and human remains. The purpose of the Workers Environmental Awareness Program (WEAP) training is to provide specific details on the kinds of materials that may be identified during ground disturbing activities and explain the importance of and legal basis for the protection of human remains and significant cultural resources. Each worker shall also be trained in the proper procedures to follow in the event that cultural resources or human remains are uncovered during ground disturbing activities. These procedures include but are not limited to work curtailment or redirection, and the immediate contact of the site supervisor and archaeological monitoring staff. Prior to construction Project applicant and their construction contractor City of Fontana MM-CUL-3: Retention of an On-Call Qualified Archaeologist. A qualified archaeologist shall be retained and on-call to respond and address any inadvertent discoveries identified project implementation. Additionally, in consideration of the potential to encounter intact cultural deposits beneath fill soils, the qualified archaeologist shall During construction Project applicant and their construction contractor City of Fontana Jefferson Fontana Apartment Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration 14386.05 6 NOVEMBER 2023 Table 1 Mitigation Monitoring and Reporting Program Mitigation Measure Implementation Timing Party Responsible for Implementation Party Responsible for Monitoring Date of Completion/ Notes survey the project site once fill soils have been removed to ensure no cultural deposits underly the fill layer. If is determined, based on the aforementioned survey, that cultural resources are present or may be present and may be impacted during project construction, monitoring may be warranted. Additionally, any identified cultural resources shall be assessed and evaluated pursuant to CEQA. If it is determined that monitoring is warranted, a qualified archaeological principal investigator, meeting the Secretary of the Interior’s Professional Qualification Standards, shall oversee and adjust monitoring efforts as needed (increase, decrease, or discontinue monitoring frequency) based on the observed potential for construction activities to encounter cultural deposits or material. The archaeological monitor will be responsible for maintaining daily monitoring logs. MM-CUL-4: Inadvertent Discovery Clause. In the event that potential archaeological resources (sites, features, or artifacts) are exposed during ground disturbing, all construction work occurring not less than 100 feet of the find shall immediately stop and the qualified archaeologist that has been retained on call must be notified immediately to assess the significance of the find and determine whether or not additional study is warranted. Depending upon the significance of the find under the CEQA, the archaeologist may simply record the find and allow work to continue. If the discovery proves significant under CEQA, additional work (e.g., preparation of an archaeological treatment During construction Project applicant and their construction contractor City of Fontana Jefferson Fontana Apartment Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration 14386.05 7 NOVEMBER 2023 Table 1 Mitigation Monitoring and Reporting Program Mitigation Measure Implementation Timing Party Responsible for Implementation Party Responsible for Monitoring Date of Completion/ Notes plan, testing, data recovery, or monitoring) may be warranted if the resource cannot be feasibly avoided. In the event that human remains are inadvertently encountered during construction activities, the remains and associated resources shall be treated in accordance with state and local regulations that provide requirements with regard to the discovery of human remains, including California Health and Safety Code Section 7050.5, California Public Resources Code Section 5097.98, and CEQA Guidelines Section 15064.5(e). In accordance with these regulations, if human remains are found, the County Coroner must be immediately notified of the discovery. No further excavation or disturbance of the project site or any nearby (no less than 100 feet) area reasonably suspected to overlie adjacent remains can occur until the County Coroner has determined if the remains are potentially human in origin. If the County Coroner determines that the remains are, or are believed to be, Native American, he or she is required to notify the Native American Heritage Commission (NAHC) that shall notify those persons believed to be the most likely descendant. The most likely descendant shall determine, in consultation with the property owner, the disposition of the human remains. Hazards and Hazardous Materials MM-HAZ-1: Prior to the issuance of grading permits, the project applicant shall retain a qualified contractor to remove and dispose of contaminated Prior to issuance of grading permits Project applicant and their construction contractor City of Fontana Jefferson Fontana Apartment Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration 14386.05 8 NOVEMBER 2023 Table 1 Mitigation Monitoring and Reporting Program Mitigation Measure Implementation Timing Party Responsible for Implementation Party Responsible for Monitoring Date of Completion/ Notes soil in the northwestern (SS1-0.5) and southeastern (SS2-0.5) areas of soil staining of soil samples, as identified in the July 2022 Limited Phase II Environmental Site Assessment, Proposed Fontana Residential Development, Southwest of the Intersection of Juniper Avenue and Valley Boulevard, Fontana, California, prepared by Leighton, or any updates to that report. The removal, transport, and disposal of refuse shall be done in accordance with all applicable local, state, and federal guidelines related to hazardous materials handling. A summary of the soil removal and disposal activities shall be provided to the City of Fontana within a reasonable timeframe following completion of these activities. Noise MM-NOI-1: Reduce Construction Noise Levels. The applicant and/or project contractor shall implement the following measures: All construction equipment must have appropriate sound muffling devices, which shall be properly maintained and used at all times such equipment is in operation. The project contractor shall place stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. The construction contractor shall locate on-site equipment staging areas so as to maximize the distance between construction-related noise sources and noise-sensitive receptors nearest the Project site during the construction period. Prior to and during construction Project applicant and/or Project contractor City of Fontana Jefferson Fontana Apartment Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration 14386.05 9 NOVEMBER 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 noise producing construction activities, including warming-up or servicing equipment and any preparation for construction, shall be limited to the hours between 7:00 a.m. and 6:00 p.m. A minimum eight (8) foot tall temporary noise barrier shall be erected along the southern Project site property line where the property line is adjacent to the nearest noise sensitive receptor. Tribal Cultural Resources MM-TCR-1: Workers Environmental Awareness Program. All Consulting Tribes shall be notified by the applicant/owner/developer of the time and location of the Worker Environmental Awareness Program (WEAP) training no later than 72 hours prior to its scheduled occurrence. The applicant/owner/developer shall provide all Consulting Tribes access and opportunity to participate in the WEAP training. Further details and requirements pertaining to the WEAP training, please see MND Section 3.5 Cultural Resources mitigation measure MM-CUL-2. No later than 72 hours prior to construction Project applicant City of Fontana MM-TCR-2: Retention of a Native American Monitoring: Prior to any ground disturbance activities, the applicant/owner/developer shall contact all Consulting Tribes with notification of the approximate commencement of ground disturbing activities. The applicant/owner/developer shall make arrangements with the Consulting Tribes to enter into a Native American Monitoring Agreement with the intent of securing a total of one Native American monitor (from any Tribe under contract) to Prior to any ground disturbing activities Project applicant City of Fontana Jefferson Fontana Apartment Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration 14386.05 10 NOVEMBER 2023 Table 1 Mitigation Monitoring and Reporting Program Mitigation Measure Implementation Timing Party Responsible for Implementation Party Responsible for Monitoring Date of Completion/ Notes be present during initial ground disturbance occurring from 1 foot above native soils and below. Initial ground disturbance is defined as initial construction-related earthmoving of sediments from their place of deposition. As it pertains to cultural resource (archaeological or Native American) monitoring, this definition excludes movement of sediments after they have been initially disturbed or displaced by current Project-related construction. The timing of when cultural resource monitoring (archaeological and Native American) shall be required shall be outlined in the Cultural Resource Monitoring and Inadvertent Discovery Plan pursuant to MM-CUL-1. The Plan will be provided to each Consulting Tribe under contract prior to commencement of ground disturbing activities. More than one monitor may be required if multiple areas within the Project site are simultaneously exposed to initial ground disturbance causing monitoring to be hindered by the distance (more than 100 feet apart) of the simultaneous activities. If more than one of the Consulting Tribes would like to serve as a contracted monitoring entity, each Consulting Tribe will be retained under contract with the applicant/owner/developer and monitoring will occur on a nonsynchronous, rotational basis allowing each Consulting Tribe the opportunity to monitor as equally as possible based on the construction schedule and availability of each Consulting Tribe’s monitors. MM-TCR-3: Inadvertent Discovery Clause. In the event that potential prehistoric or historic-era Native American/Tribal resources (sites, features, or During construction Project applicant and their construction contractor City of Fontana Jefferson Fontana Apartment Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration 14386.05 11 NOVEMBER 2023 Table 1 Mitigation Monitoring and Reporting Program Mitigation Measure Implementation Timing Party Responsible for Implementation Party Responsible for Monitoring Date of Completion/ Notes artifacts) are exposed during construction activities for the project, all construction work occurring not less than 50 feet of the find shall immediately stop and all Consulting Tribes must be notified immediately and be consulted with throughout the assessment of the find and determination of whether or not additional study is warranted. Depending upon the nature of the discovery, the archaeologist may simply record the find and allow work to continue. If the discovery proves potentially significant under CEQA, additional work such as subsurface testing may be warranted. If the discovery is determined significant under CEQA and avoidance is not feasible, data recovery will be required. In the event that human remains and associated funerary objects are inadvertently encountered during construction activities, the remains and funerary objects shall be treated in accordance with state and local regulations that provide requirements with regard to the accidental discovery of human remains, including California Health and Safety Code Section 7050.5, California Public Resources Code Section 5097.98, and CEQA Guidelines Section 15064.5(e). In accordance with these regulations, if human remains are found, the County Coroner must be immediately notified of the discovery. Additionally, all Consulting Tribes must be notified of the discovery immediately. No further excavation or disturbance of the Project site or any nearby (no less than 100 feet) area reasonably suspected to overlie adjacent remains can occur until the County Coroner has determined, within 2 working days of notification Jefferson Fontana Apartment Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration 14386.05 12 NOVEMBER 2023 Table 1 Mitigation Monitoring and Reporting Program Mitigation Measure Implementation Timing Party Responsible for Implementation Party Responsible for Monitoring Date of Completion/ Notes of the discovery, if the remains are potentially human in origin. If the County Coroner determines that the remains are, or are believed to be, Native American, he or she is required to notify the NAHC within 24 hours. The NAHC must immediately notify those persons it believes to be the most likely descendant from the deceased Native American. The most likely descendant must then complete their inspection within 48 hours of being granted access to the site. The most likely descendant would then determine, in consultation with the property owner, the disposition and treatment of the human remains. Jefferson Fontana Apartment Project/ Mitigation Monitoring and Reporting Program Initial Study/Mitigated Negative Declaration 14386.05 13 NOVEMBER 2023 INTENTIONALLY LEFT BLANK