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Resolution Number 19-07-16-03Verdugo Street Beautification Project Final Initial Study/Mitigated Negative Declaration SECTION 4. MITIGATION MONITORING AND REPORTING PROGRAM 4.t Mitigation Monitoring and Reporting Requirements Public Resources Code (PRC) Section 21081.6 (enacted by the passage of Assembly Bill [AB] 3180) mandates that the following requirements shall apply to all reporting or mitigation monitoring programs: The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a Responsible Agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the Lead Agency or a Responsible Agency, prepare and submit a proposed reporting or monitoring program. a a a The Lead Agency shall specify the location and custodian of the documents or other material, which constitute the record of proceedings upon which its decision is based. A public agency shall provide the measures to mitigate or avoid significant effects on the environment that are fully enforceable through permit conditions, agreements, or other measures. Conditions of project approval may be set forth in referenced documents which address required mitigation measures or in the case of the adoption of a plan, policy, regulation, or other project, by incorporating the mitigation measures into the plan, policy, regulation, or project design. Priorto the close of the public review period for a draft Environmental lmpact Report (ElR) or Mitigated Negative Declaration (MND), a Responsible Agency, or a public agency having jurisdiction over natural resources affected by the project, shall either submit to the Lead Agency complete and detailed performance objectives for mitigation measures which would address the significant effects on the environment identified by the Responsible Agency or agency having jurisdiction over natural resources affected by the project, or refer the Lead Agency to appropr¡ate, readily available guidelines or reference documents. Any mitigation measures submitted to a Lead Agency by a Responsible Agency or an agency having jurisdiction over natural resources affected by the project shall be limited to measures that mitigate impacts to resources, which are subject to the statutory authority of, and definitions applicable to, that agency. Compliance or noncompliance by a Responsible Agency or agency having jurisdiction over natural resources affected by a project with that requirement shall not limit that authority of the Responsible Agency or agency having jurisdiction over natural resources affected by a project, or the authority of the Lead Agency, to approve, condition, or deny projects as provided by this division or any other provision of law. 24 EXHIBIT A, Page 2 oÍ 1O Verdugo Street Beautification Proiect Final lnitial Study/Mitigated Negative Declaration 4.2 Mitigation Monitoring and Reporting Procedures The Mitigation Monitoring and Reporting Program (MMRP) has been prepared in compliance with PRC Section 21081.6. lt describes the requirements and procedures to be followed by the City of San Juan Capistrano to ensure that all mitigation measures adopted as part of the proposed project will be carried out as described in this lS/MND. Table 5.2-1 lists each of the mitigation measures specified in this document and identifies the party or parties responsible for implementation and monitoring of each measure. 25 EXHIBIT A, Page 3 of 10 Verdugo Street Beautification ProjectFinal lnitial Study/Mitigated Negat¡ve DeclarationTable 5.2-1.Verdugo Street ProjectMitigation Monitoring and Reporting ProgramComplianceVerification (Date andSignature Required)4.l Aesthet¡csThe proposed project would not result in significant adverse impactsrelated to airNomon would beired4.4ResourcesBIO-1 Migratory Bird Treaty Act, ln the event that constructionCity of San JuanCapistrano DevelopmentServices Director, ordesigneeln the event thatconstruction activitiesoccur during the breedingseason (February 15-August 15)/ Prior tocommencement ofgrading activities andissuance of any buildingpermits.activities occur during the breeding season (February 15-August 15), theApplicant shall retain a qualified biologist to conduct a nesting bird surveywithin 5 days prior to commencement of construction activities' Thenesting bird survey shall identify and document active nesting within 100feet of the construction limits. lf nesting birds are discovered duringpreconstruction surveys, the biologists shall identify an appropriate buffer(i.e., up to 500 feet depending on the circumstances and specific birdspecies) where no construction activities or other disturbances areallowed to occur until after the birds have fledged from the nest. Prior tocommencement of grading activities and issuance of any building permits,the City of San Juan Capistrano Director of Development Services, ordesignee, shall verify that all project grading and construction plansinclude specific documentation regarding the requirements of theMigratory Bird Treaty Act (MBTA), that preconstruction surveys have beencompleted and the results reviewed by staff, and that the appropriatebuffers (if needed) are noted on the plans and established in the field withorasnow fenciTiming for StandardCondition orMitigation MeasureResponsible PartyMitigation MeasuresThe proposed project would not result in significant adverse impactsrelated to aesthetics. Noion would beuired4.2& Forest ResourcesThe proposed project would not result in significant adverse impactsrelated to agriculture and forest resources. No mitigation would beuired.4.3 Air26EXHIBIT A, Page 4 of 10 ComplianceVerification (Date andSignature Required)Prior to commencementof any grading activ¡tieson site/During projectexcavation and gradingactivitiesPrior to issuance ofgrading permitsTiming for StandardCondition orMitigation MeasureCity of San JuanCapistrano DevelopmentServices Director, ordesignee/ CityDepartment of PublicWorks and Ut¡litiesDirector, or designeeResponsible PartyCity of San JuanCapistrano DevelopmentServices Director, ordesigneeCU[-2: Archaeological Monitoring Plan and Accidental Discovery. Prior tocommencement of any grading activities on site, the Applicant shall retaina qualified archaeologist to prepare a Monitoring Plan. The MonitoringPlan shall be prepared by a qualified archaeologist and shall be reviewedby the City Development Services Director, or designee. The MonitoringPlan should include at a minimum: (1) a list of personnel involved in themonitoring activities; (2) a description of how the monitoring shall occur;(3) a description of the frequency of monitoring (e.g., full-time, part-time,spot checking); (4) a description of what resources may be encountered;(5) a description of -circumstances that would result in the halting of workicalsitecant" archawhat is considered a "seat theCUL-1: Archaeological Monitor. Prior to issuance of grading permits,and in adherence to the recommendations of the cultural resourcesrecords search, the Applicant shall retain, with approval of the City of SanJuan Capistrano (City) Development Services Director, or designee, aqualified archaeological monitor. Monitoring by a qualified archaeologistshould be conducted under the supervision of an Orange County Certifiedarchaeologist and by a Native American monitor from one of the Juañenogroups recognized by the Native American Heritage Commission (NAHC).Monitoring will be conducted in accordance with the City of San JuanCapistrano's Council Policy 601 on historic, archaeological, andpaleontological resource management.2 The monitor shall be present onthe project site during ground-disturbing activities to monitor rough andfinish grading, excavation, and other ground-disturbing activities in thenative soils. Because no cultural resources were identified on the projectsite, archaeological monitors are not required to be present on a full-timebasis but shall spot check ground-disturbing activities to ensure that nocultural resources are impacted during construction activities. The exacttiming of monitoring activities shall be consistent with the provisionsestablished in the Monitoring Plan, which is required as part of MitigationMeasure CUL-2Mitigation MeasuresVerdugo Street Beautification ProjectFinal Initial Study/Mitigated Negative Declaration27EXHIBIT A, Page 5 of 10 site); (6) a description of procedures for halting work on site andnotification procedures; and (7) a description of monitoring reportingprocedures. lf any significant historical resources, archaeologicalresources, or human remains are found during monitoring, work shall bestopped within the immediate vicinity (precise area to be determined bythe archaeologist in the field) of the resource until such time as theresource can be evaluated by an archaeologist and any other appropriateindividuals. Project personnel shall not collect or move any archaeologicalmaterials or human remains and associated materials' To the extentfeasible, project activities shall avoid these deposits. Where avoidance isnot feasible, the archaeological deposits shall be evaluated for theireligibility for listing on the California Register of Historic Places. lf thedeposits are not eligible, avoidance is not necessary. lf the deposits areeligible, adverse effects on the deposits must be avoided, or such effectsmust be mitigated. Mitigation can include, but is not necessarily limitedto: leaving the deposits in place, excavation of the deposit in accordancewith a data recovery plan (see California Code of Regulations [CCR] Title4(3) Section 5126.4(b)(3XC)) and standard archaeological field methodsand procedures; laboratory and technical analyses of recoveredarchaeological materials; production of a. report detailing the methods,findings, and significance of the archaeological site and associatedmaterials; curation of archaeological materials at an appropriate facilityfor future research and/or display; an interpret¡ve display of recoveredarchaeological materials at a local school, museum, or library; and publiclectures at local schools and/or historical societies on the findings andsignificance of the site and recovered archaeological materials'It shall be the responsibility of the City Building Official, or designee, toverify that the Monitoring Plan is implemented during project excavationand grading. Upon completion of all monitoring/mitigation activities, theconsulting archaeologist shall submit a monitoring report to the CityDevelopment Services Director, or designee, and to the South-CentralCoastal lnformation Center summarizing all monitoring/mitigationact¡vities and confirming that all recommended mitigation measures havebeen met. The monitoring report shall be prepared consistent with theguidelines of the office of Historic Preservation's Archaeological ResourcesMonogement Reports (ARMR): Recommended Contents ond Format.TheCity Development Services Director, or des¡gnee, shall be responsible forVerdugo Street Beautification ProjectFinal lnitial Study/Mitigated Negative Declaration28EXHIBIT A, Page 6 of 10 lf human remains areencountered during sitedistu rbance, grading, orother constructionactivities on the projectsiteCity of San JuanCapistrano DevelopmentServices Director, ordesigneeThe proposed project would not result in significant adverse impactsuiredntsNo mitirelated to enreviewing any reports produced by the archaeologist to determine theappropriateness and adequacy of the findings and recommendations.CUL-3: Human Remains. Consistent with the requirements of CCRSection 15064.5(e), if human remains are encountered during sitedisturbance, grading, or other construction activities on the project site,the construction contractor shall halt work within 25 feet of the discovery;all work shall be redirected and the Orange County (County) Coronernotified immediately. No further disturbance shall occur until the CountyCoroner has made a determination of origin and disposition pursuant toPublic Resources Code Section 5097.98. lf the remains are determined tobe Native American, the County Coroner shall notify the Native AmericanHeritage Commission (NAHC), which will determine and notify a MostLikely Descendant (MLD). The MLD may inspect the site of the discovery.The MLD shall complete the inspection within 48 hours of notification bythe NAHC.The MLD may recommend scientific removal and nondestructive analysisof human rema¡ns and items associated with Native American burials.Consistent with CCR Section 15064.5(d), if the remains are determined tobe Native American and an MLD is notified, the City shall consult with theMLD identified by the NAHC to develop an agreement for the treatmentand disposition of the remains.Upon completion of the assessment, the consulting archaeologist shallprepare a report documenting the methods and results and providerecommendations regarding the treatment of the human remains and anyassociated cultural materials, as appropriate, and in coordination with therecommendations of the MLD. The report shall be submitted to the CityDevelopment Services Director, or designee, and the South-CentralCoastal lnformation Center. The City Development Services Director, ordesignee, shall be responsible for reviewing any reports produced by thearchaeologist to determine the appropriateness and adequacy of theand recommendations.findVerdugo Street Beautification ProjectFinal lnitial Study/Mitigated Negative Declaration29EXHIBIT A, Page 7 of 10 ComplianceVerification (Date andSignature Required)4.8 Greenhouse Gas EmissionsThe proposed project would not result in significant adverse impactsrelated to hazards and hazardous materials. No mitigation would bered4.10and WâterThe proposed project would not result in significant adverse impactsrelated toand Water Quality. No mon would be reuired.4.11 land4.12 Mineral Resources4.13 NoiseTiming for StandardCondition orMitigation MeasurePrior to issuance ofgrading permitsResponsible PartyCity of San JuanCapistrano Engineer, ordesigneeMitigation Measures4.7 Geology and SoilsGEO-1: Compliance with Geotechnical lnvestigations. These studies shallbe submitted for review and approval by the City of San Juan CapistranoCity Engineer, or designee, to ensure that future development has beenevaluated at an appropriate level of detail by a professional geologist'Prior to issuance of grading permits, the City Engineer shall confirm that allgrading and construction plans incorporate and comply with therecommendations included in the Final Geotechnical Report. Design,grading, and construction shall adhere to all of the seismic requirementsincorporated into the most current version of the California Building Code(CBC) and the requirements and standards contained in the applicablechapters of the City of San Juan Capistrano Municipal Code, as well asappropriate local grading regulations, and the specifications of the projectotechnical consultant.The proposed project would not result in significant adverse impactsrelated to greenhouse gas emissions. No mitigation would be required4.9 Hazards and Hazardous MaterialsThe proposed project would not result in significant adverse impactsrelated to Land Use and Planning. No mitigation would be required.The proposed project would not result in significant adverse impactsrelated to mineral resources. No miton would beiredThe proposed project would not result in significant adverse impactsrelated to noise. No mitigation would be required.Verdugo Street Beautification ProjectFinal lnitial Study/Mitigated Negative Declaration30EXHIBIT A, Page 8 of 10 ComplianceVerifïcation (Date andSignature Required)Prior to commencementof any ground disturbingactivitiesTiming for StandardCondition orMitigation MeasureResponsible PartyDirector of the City ofSan Juan CapistranoCommunityDevelopmentDepartment, or designee4.t74.18 TribalResourcesTCR-I. Prior to commencement of any ground-disturbing activities, theCity will assure that a qualified Native American monitor has beenretained to provide Native American monitoring services during ground-disturbing activities in native soils. Because no known resources have beenidentified on the site, monitors are not required on a full-time basis, butshall spot check ground-disturbing activities in compliance with themonitoring procedures outlined in the Monitoring Plan (which itself isrequired as part of Mitigation Measure CUL-2) to ensure that no resourcesare impacted during construction. The Native American monitor shall beselected by the project Archaeologist in coordination with the JuaneñoBand of Mission lndians Acjachemen Nation. The Native American monitorshall be present at the pre-grading conference to establish procedures fortribal cultural resource surveillance. Those procedures shall includeprovisions for temporarily halting or redirecting work to permit sampling,identification, and evaluation of resources deemed by the NativeAmerican monitor to be tribal cultural resources as defined in PublicResources Code Section 27074. These procedures shall be reviewed andapproved by the City of San Juan Capistrano Community DepartmentDirector, or designee, prior to commencement of any surface disturbanceect site.on theMitigation Measures4.t4andThe proposed project would not result in significant adverse impactsuiredrelated ton would beNo mitiulation and housin4.15 Publicand UtilitiesThe proposed project would not result in significant adverse impactsblic services and utilities. No mitiuiredwould berelated to4.16 RecreationThe proposed project would not result in significant adverse impactsrelated to recreation. No miredon would beThe proposed project would not result in significant adverse impactsuiredwould berelated to tran/traffic. NoVerdugo Street Beautification ProjectFinal lnitial Study/Mitigated Negative Declaration31EXHIBIT A, Page 9 of 10 ComplianceVerification (Date andSignature Required)Timing for StandardCondition orMitigation MeasureResponsible PartyThe proposed project would not result in significant adverse impactsiredn would berelated to Utils. NoThe proposed project would not result in significant adverse impactsredon would berelated to wildfire. NoMitigation MeasuresVerdugo Street Beautification ProjectFinal lnitial Study/Mitigated Negative Declaration32EXHIBIT A, Page 10 of 10