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HomeMy WebLinkAboutMitigation Monitoring and Reporting Program for MCN 20-0731 | P a g e J a n u a r y 2 0 2 4 MASTER CASE NO. 20-073 MITIGATION MONITORING AND REPORTING PROGRAM PROJECT NAME: Master Case No. 20-073 PROJECT MANAGER: Jon Dille, Associate Planner PROJECT DESCRIPTION: The project includes a General Plan Amendment to amend the land use designation, a Zoning District map amendment to amend the zoning designation, a Tentative Parcel Map for the subdivision of four parcels, a Conditional Use Permit for a Planned Unit Development, and Design Review for the site and architectural review to construct a 53-lot single family residential detached unit complex. The subdivision will include site improvements of parking, landscaping, and other associated on-site and off-site improvements on an 8.8-acre. PROJECT LOCATION: The project site is located on the southeast corner of Orchid Avenue and Poplar Avenue and on the west side of Catawba Avenue. (APNs: 0233-122- 60, -63, -28, -29). INTRODUCTION: This document is the Mitigation Monitoring and Reporting Program (MMRP) for the Master Case No. 20-073 Project. An MMRP is required for the proposed project the Initial Study/Mitigated Negative Declaration (IS/MND) has identified significant adverse impacts, and measures have been identified to mitigate those impacts. This MMRP has been prepared pursuant to Section 21081.6 of the California Public Resources Code, which requires public agencies to “adopt a reporting and monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.” As the lead agency, the City of Fontana Planning Division will be responsible for monitoring compliance with all mitigation measures. Additionally, the City of Fontana Building and Safety Division will be responsible for ensuring certain measures are completed. The MMRP identifies the parties with the responsibility for ensuring the measure is completed; however, it is expected that one or more departments will coordinate efforts to ensure compliance. The MMRP is presented in tabular form on the following pages. The components of the MMRP are described briefly below. • Source and Mitigation Measure: The mitigation measures are taken from the IS/MND, in the same order they appear in the IS/MND. • Timing: Identifies at which stage of the project the mitigation must be completed. • Monitoring Responsibility: Identifies the department in the City with responsibility for mitigation monitoring. • Date Completed and Signature: Provides a contact who reviewed the mitigation measure and the date the measure was determined complete. 2 | P a g e J a n u a r y 2 0 2 4 Mitigation Monitoring and Reporting Program Matrix Master Case No. 20-073 SOURCE MITIGATION MEASURE TIMING MONITORING DATE COMPLETED SIGNATURE BIOLOGICAL RESOURCES Draft MND Section D.IV – Biological Resources Biological Resources Mitigation Measure 1 (BIO-1: Nesting Bird Surveys) The project site and surrounding vegetation communities provide limited suitable foraging and nesting habitat for a variety of year-round and seasonal avian residents as well as migrating songbirds that could occur in the area. Nesting birds are protected under the Migratory Bird Treaty Act and the California Fish and Game Code. If project-related construction activities are to be initiated during the nesting season (January 1 to August 31), a preconstruction nesting bird clearance survey shall be conducted by a qualified biologist no more than three days prior to the start of any vegetation removal or ground-disturbing activities. The qualified biologist shall survey all suitable nesting habitat within the project impact area and areas within a biologically defensible buffer zone surrounding the project impact area. Documentation of surveys and findings shall be submitted to the City of Fontana for review and file. If no active nests are detected during the clearance survey, project activities may begin, and no additional avoidance and minimization measures would be required. If an active nest is found, the bird species shall be identified and a “no-disturbance” buffer shall be established around the active nest. The size of the “no-disturbance” buffer shall be increased or decreased based on the judgement of the qualified biologist and level of activity and sensitivity of the species. It is further recommended that the qualified biologist periodically monitor any active nests to determine if project-related activities occurring outside the “no-disturbance” buffer disturb the birds and if the No more than three (3) days prior to the start of any vegetation removal or ground- disturbing activities Qualified biologist 3 | P a g e J a n u a r y 2 0 2 4 SOURCE MITIGATION MEASURE TIMING MONITORING DATE COMPLETED SIGNATURE buffer should be increased. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, project activities within the “no- disturbance” buffer may occur. Draft MND Section D.IV – Biological Resources Biological Resources Mitigation Measure 2 (BIO-2: Burrowing Owl Surveys) Preconstruction clearance surveys shall be conducted no more than 30 days prior to any vegetation removal or ground-disturbing activities. The survey shall be performed in accordance with the CDFW Staff Report on Burrowing Owl Mitigation (CDFW, 2012). Documentation of surveys and findings shall be submitted to the City of Fontana for review and file. If no burrowing owls or occupied burrows are detected, construction may begin. If an occupied burrow is found within the development footprint during preconstruction clearance surveys, a burrowing owl exclusion and mitigation plan shall be prepared and submitted to CDFW for approval prior to initiating project activities. No more than 30 days prior to any vegetation removal or ground- disturbing activities. Qualified biologist GEOLOGY AND SOILS Draft MND Section D.VII - Geology and Soils Geology and Soils Mitigation Measure 1 (GEO-1: Paleontological Resources Inadvertent Discovery) If subsurface fossils are discovered during earth-moving activities associated with the proposed project, a qualified paleontologist (defined as a paleontologist who meets the Secretary of the Interior’s Professional Qualification Standards for paleontology) or qualified designee shall divert these activities temporarily around the fossil site until the remains have been recovered, a rock sample has then been collected to process to allow for the recovery of smaller fossil remains, if warranted, and construction has been allowed to proceed through the site by a qualified paleontologist or qualified designee. If a qualified paleontologist or qualified During earth- moving activities Qualified paleontologist or qualified designee 4 | P a g e J a n u a r y 2 0 2 4 SOURCE MITIGATION MEASURE TIMING MONITORING DATE COMPLETED SIGNATURE designee is not present when fossil remains are uncovered by earth- moving activities, these activities shall be stopped, and a qualified paleontologist or qualified designee shall be called to the site immediately to recover the remains. All recovered fossils shall be prepared, identified, and curated for documentation in the summary report and transferred to an appropriate depository (i.e., San Bernardino County Museum). A paleontological resources summary report shall be submitted to City of Fontana. Collected specimens shall be transferred with a copy of the report to San Bernardino County Museum. HAZARDS AND HAZARDOUS MATERIALS Draft MND Section D.IX – Hazards and Hazardous Materials Hazards and Hazardous Materials Mitigation Measure 1 (HAZ-1: Soil Sampling/Lead-Based Analysis) Prior to issuance of a grading permit, a lead-based analysis (LBA) shall be performed for the Section 6 soils sample locations (as identified on Figure 1, Sample Locations of the Phase II Environmental Site Assessment) and shall include; 1) a soluble threshold limit concentrations (STLC) analysis of the shallow composite soil sample; 2) deeper soil samples (e.g., 6 to 12”) to assess the depth of impact, and 3) individual soil samples of shallow Section 6 composite samples to assess whether a specific location may have a higher concentration of lead. If concentrations are concluded as hazardous beyond established thresholds for lead-based contaminants, the project applicant shall submit documentation as proof, to the City Engineer, that lead- based contaminated soils have been excavated and disposed of at a licensed treatment facility with confirmation sampling in showing that all remaining LBC soil concentrations at Section 6 are below the U.S. Environmental Protection Agency (USEPA) Regional Prior to issuance of a grading permit Project applicant 5 | P a g e J a n u a r y 2 0 2 4 SOURCE MITIGATION MEASURE TIMING MONITORING DATE COMPLETED SIGNATURE Screening Levels (RSLs) and/or Department of Toxic Substances Control modified Screening Levels (DTSC-SLs), as applicable. Draft MND Section D.IX – Hazards and Hazardous Materials Hazards and Hazardous Materials Mitigation Measure 2 (HAZ-2: Lead-Based Paint Inspection) Prior to demolition of the on-site residence, an inspection shall be performed by a federally certified LBP inspector/assessor to identify areas of potential worker exposure during demolition. Should any LBP be identified, such painted surfaces at a minimum shall be required to be included in an approved interim control (a.k.a. Operations and Maintenance) program and complied with during demolition. Prior to demolition of the on-site residence Federally certified LBP inspector/ assessor Draft MND Section D.IX – Hazards and Hazardous Materials Hazards and Hazardous Materials Mitigation Measure 3 (HAZ-3: Asbestos-Containing Material Inspection) Prior to any demolition, renovation, or any other activity that may disturb ACM-containing materials, either an inspection shall be performed by a federally certified ACM inspector/assessor to identify areas of potential worker exposure during demolition, or the affected materials shall be handled according to regulation as asbestos- containing. Prior to any demolition, or any other activity that may disturb ACM- containing materials Federally certified ACM inspector/ assessor NOISE Draft MND Section D.XIII – Noise Noise Mitigation Measure 1 (NOI-1: Paving Control Plan) Prior to the initiation of construction, the project applicant shall prepare a paving control plan to ensure that the paving process does not result in damage to nearby residential structures. The paving control plan shall be subject to the Building and Safety Department’s approval prior to issuance of a grading permit. To reduce groundborne vibration levels, the paving control plan shall stipulate that static (non-vibratory) rollers shall be Prior to initiation of construction Project applicant 6 | P a g e J a n u a r y 2 0 2 4 SOURCE MITIGATION MEASURE TIMING MONITORING DATE COMPLETED SIGNATURE used as an alternative to vibratory rollers within 20 feet of residential structures located along Poplar Avenue and Athol Street (APNs 0233-122-62, 0233-321-07, 0233-321- 06, 0233-321-05, 0233-381-04, and 0233-381-03). Vibratory roller operations shall be prohibited within 20 feet of APNs 0233-122-62, 0233-321-07, 0233-321-06, 0233-321-05, 0233-381-04, and 0233-381-03. TRIBAL CULTURAL RESOURCES Draft MND Section D.XVIII - Tribal Cultural Resources Tribal Cultural Resources Mitigation Measure 1 (TCR-1: Tribal Cultural Resource Discovery) Upon discovery of any cultural, tribal cultural or archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All cultural tribal and archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant. If the resources are Native American in origin, interested Tribes (as a result of correspondence with area Tribes) shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request preservation in place or recovery for educational purposes. Work may continue on other parts of the project while evaluation takes place. Preservation in place shall be the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavation to remove the resource along the subsequent laboratory processing and analysis. All Tribal Cultural Resources shall be returned to the Tribe. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall Upon discovery of any cultural, tribal cultural, or archaeological resources Qualified archaeologist, Tribal monitor/ consultant 7 | P a g e J a n u a r y 2 0 2 4 SOURCE MITIGATION MEASURE TIMING MONITORING DATE COMPLETED SIGNATURE be offered to the Tribe or a local school or historical society in the area for educational purposes. Archaeological and Native American monitoring and excavation during construction projects shall be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. Principal personnel shall meet the Secretary of the Interior standards for archaeology and have a minimum of 10 years’ experience as a principal investigator working with Native American archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified.