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PC15-222
RESOLUTION NO. PC 15-222 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA RECOMMENDING CITY COUNCIL CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT FOR CIMARRON RIDGE, MAKING CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM Whereas, on October 11, 2013, the applicant, Cimarron Ridge, LLC, filed a formal application with the City of Menifee for the subdivision of 240.3 acres into 782 single family residential lots located south of McLaughlin Road, west of Byers Road, and north of Chambers Road, within the City of Menifee; and Whereas, on December 16, 2013, the applicant, Cimarron Ridge, LLC, filed a formal application with the City of Menifee for a Specific Plan on 240.3 acres for 782 single family residential units located south of McLaughlin Road, west of Byers Road, and north of Chambers Road, within the City of Menifee ("Project" or "Cimarron Ridge Project"); and Whereas, on May 7, 2014, the City of Menifee publicly noticed its decision to prepare an environmental impact report (EIR) for the Project by noticing the State Clearinghouse, related agencies, and other government agencies; and Whereas, on May 29, 2014, the City of Menifee held a duly noticed public scoping meeting regarding the preparation of the EIR to discuss and hear from the public on the potential environmental impacts, which meeting was publicly noticed by a publication in a newspaper of general circulation, an agenda posting, notice to surrounding property owners within a 300-foot radius from the Project site boundaries, at least ten (10) days prior to the public meeting; and Whereas, between February 2, 2015 and March 18, 2015, the State -mandated forty-five (45)-day public review period for the Draft Program EIR ("Draft Program EIR") took effect, which was publicly noticed by a publication in a newspaper of general circulation, notice to owners within 300 feet of the Project site boundaries, related agencies and government agencies, and other interested parties, copies of the Draft Program EIR sent to the State Clearinghouse, a copy placed at the City Hall public counter and a copy placed at the Paloma Valley library; and Whereas, such comments and testimony were responded to through Response to Comments as part of the Final Program EIR ("Final Program EIR") and the Response to Comments were distributed to all public agencies that submitted comments on the Draft Program EIR at least 10 days prior to certification of the Final Program EIR in accordance with CEQA; and Whereas, no evidence of new significant impacts, as defined by CEQA Guidelines Section 15088.5, have been received by the City after circulation of the Draft Program EIR which would require re -circulation. Whereas, the Draft Program EIR for the Cimarron Ridge Project, dated February 2015 and Final Program EIR for the Cimarron Ridge Project, dated July 2015, provides an assessment of the environmental impacts associated with the Cimarron Ridge Project and has been prepared in accordance with the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"), and State regulations in Title Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 14 of the California Code of Regulations, Section 15000 et seq. ("CEQA Guidelines"); and Whereas, on August 12, 2015, the Planning Commission of the City of Menifee held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the Cimarron Ridge Project including the consideration of the Final Program EIR, which hearing was publicly noticed by a publication in the Press Enterprise, a newspaper of general circulation, an agenda posting, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and Whereas, the Planning Commission of the City of Menifee has read and considered all environmental documentation comprising the Final Program EIR, has found that the Final Program EIR considers all potentially significant environmental impacts of the proposed project and is complete and adequate, and fully complies with all requirements of CEQA; and Whereas, it is the policy of the State of California and the City of Menifee, in accordance with CEQA and the CEQA Guidelines, that the City shall not approve a project that has significant effects on the environment unless there is no feasible way to lessen or avoid the significant effects and that the benefits of approving the project outweigh the unavoidable significant impacts, such that the impacts are acceptable based on CEQA Guideline Section 15093; and Whereas, the CEQA and the CEQA Guidelines provide that no public agency shall approve or carry out a project for which an EIR has been completed and which identifies one or more significant effects of the project unless the public agency makes written findings for each of the significant effects, accompanied by a statement of facts supporting each finding; and Whereas, the Planning Commission has reviewed the attached CEQA Findings and Statement of Facts as well as the attached Statement of Overriding Considerations; and Whereas, prior to recommending action on the Project, the Planning Commision has considered all significant impacts, mitigation measures, and project alternatives identified in the EIR, and has found that all potentially significant impacts on the Project have been lessened or avoided to the extent feasible; and Whereas, pursuant to CEQA Guideline Section 15093(b), the City must state in writing the reasons to support its action based on the Final Program EIR and/or other information in the record. NOW, THEREFORE, the Planning Commission of the City of Menifee resolves as follows: 1. Recitals. The Recitals above are true and correct, based on substantial evidence in the record including the Final Program EIR, and incorporated herein by this reference. 2. Final Program EIR. The Planning Commission hereby confirms that the Final Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 Program EIR, as certified by this Resolution, is composed of the following: a. Final Program EIR (dated July 2015) i. Draft Program EIR (dated February 2015) ii. Draft Program EIR Technical Appendices iii. Statement of Facts and Findings iv. Statement of Overriding Considerations v. Mitigation Monitoring and Reporting Program vi. Comments and Responses vii. Errata for Final Program EIR 3. Certification of EIR. Based on its review and consideration of the Final Program EIR and all written communications and oral testimony regarding the proposed project which have been submitted to, and received by, the City, the Planning Commission recommends the City Council certify that the Final Program EIR has been completed in compliance with CEQA and the State and local CEQA Guidelines. The Planning Commission recommends the City Council finds that the Final Program EIR reflects the City Council's independent judgment and analysis as lead agency under CEQA, and adopt and certify the Final Program EIR as complete and adequate. The Planning Commission recommends the City Council further certify that the Final Program EIR was presented to the City Council and that the City Council reviewed and considered the information contained in it prior to approving the Cimarron Ridge Project. 4. CEQA Findings. The Planning Commission recommends the City Council adopt the CEQA Findings and Statement of Facts attached as "Exhibit A," which exhibit is incorporated herein as though set forth in full. 5. Statement of Overriding Considerations. The Planning Commission recommends the City Council adopt the Statement of Overriding Considerations attached as Exhibit "B" which exhibit is incorporated herein as though set forth in full. 6. Significant Impacts. The significant impacts of the Cimarron Ridge Project that have not been reduced to a level of insignificance will have been substantially reduced in their impacts by the imposition of mitigation measures. The Planning Commission recommends the City Council finds that the significant unavoidable adverse impacts of the Cimarron Ridge Project are clearly outweighed by the economic, social and other benefits of the Cimarron Ridge Project, as set forth in the Findings and Statement of Overriding Considerations. 7. Alternatives. The Final Program EIR has described all reasonable alternatives to the Cimarron Ridge Project that could feasibly obtain the basic objectives of the Cimarron Ridge Project, even when those alternatives might impede the attainment of Cimarron Ridge Project objectives and might be more costly. 8. Good Faith. A good faith effort has been made to seek out and incorporate all Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 points of view in the preparation of the Final Program EIR as indicated by the public record for the Cimarron Ridge Project and the Final Program EIR. 9. Mitigation Plan Approval. Although the Final Program EIR identifies certain significant environmental effects that would result from approval of the Project, certain environmental effects can feasibly be avoided or mitigated and will be avoided or mitigated by imposition of mitigation measures included in the Final Program EIR and the Mitigation Monitoring and Reporting Program. Pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15097, the Planning Commission recommends the City Council adopt and approve the Mitigation Monitoring and Reporting Program attached hereto as Exhibit "C," which is incorporated herein by reference as though set forth in full. The Planning Commission recommends the City Council further find that the mitigation measures identified in the Final Program EIR are feasible. 10. No Significant New Information Added to Draft Program EIR. The information provided in the various reports submitted in connection with the proposed Project and in the responses to comments on the Draft Program EIR, the information added to the Final Program EIR, and the evidence presented in written and oral testimony at public hearings on the Project and the Draft Program EIR, do not constitute significant new information that would require recirculation of the Draft Program EIR pursuant to Public Resources Code section 21092.1 and CEQA Guidelines section 15088.5. 11. Location and Custodian of Record of Proceedings. The Community Development Department of the City of Menifee, located at 29714 Haun Road, Menifee, CA 92586, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the Planning Commission's recommendation is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act (Government Code §§ 6250 et seq.) during normal business hours. Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 PASSED, APPROVED AND ADOPTED this the 12'h day of August, 2015. Chris Thomas, Chairman Attest: J n er Allen, Deputy City Clerk Approved as to form: Ajit Thind, Assistant City Attorney MENIFEE Scott A. Mann Mayor John V. Denver Mayor Pro Tem Greg August Councilmember Matthew Liesemeyer Councilmember Vacant Councilmember District 3 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.679.3843 vww.cityofinenifee.us STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do hereby certify that the foregoing Resolution No. PC 15-222 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 121h day of August, 2015 by the following vote: Ayes: Doty, Karwin, Phillips, Sobek, Thomas Noes: None Absent: None Abstain: None ennifer Allen, Deputy City Clerk Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 EXHIBIT "A" CEQA FINDINGS AND STATEMENT OF FACTS A. INTRODUCTION Proiect Description The purpose of the EIR is to assess the environmental constraints and opportunities associated with the adoption and implementation of the proposed Cimarron Ridge Project. The Cimarron Ridge Project includes primarily the Cimarron Ridge Specific Plan (SP 2013-247) which comprises of a land use plan, designation of planning areas, circulation network, open space and recreation standards, development standards, and maintenance requirements. The Specific Plan also sets forth guidelines for landscape and architectural design, infrastructure plans, phasing of development and administrative procedures. The Specific Plan has a maximum of 756 single-family residential dwelling units between seven (7) residential Planning Areas on 226.3 acres, a total of 10.9 acres of open space -recreational land use between three (3) Planning Areas, and 3.1 acres of open space -conservation in one (1) Planning Area. The Cimarron Ridge Project analyzed in the EIR also includes other implementing applications including a General Plan Amendment (GPA 2014-016), Change of Zone (CZ 2014-017), Tentative Tract Map (TR 2013-208/TR36658), Tentative Parcel Map (PM 2013-209/PM36657), and Development Agreement (DA 2014-002). The Development Agreement is proposed to be considered by the Planning Commission and City Council at a later date, but is still included within the analysis of the overall Cimarron Ridge Project. The General Plan Amendment proposes to change the General Plan Land Use Designation of the site from 2.1-5 Dwelling Units Per Acre (2.1-5R) to Specific Plan (SP) to reflect the proposed Specific Plan and its land use designations. The density proposed by the Specific Plan at an overall density of 3.15 dwelling units per acre and a maximum density of 3.97 dwelling units per acre within any of the Planning Areas is consistent with the underlying general plan land use designation. The General Plan Amendment also proposes a technical correction to rectify mapping errors which resulted in inaccurate depictions of the alignment of Goetz Road. Specifically, Exhibit C-3 Roadway Network of the General Plan recognizes two alignments for Goetz Road at the intersection with Valley Boulevard: 1) the existing, built alignment of Goetz Road that would merge with Valley Boulevard, and, 2) the re- alignment of Goetz Road that would include a controlled intersection with Valley Boulevard. The technical correction would modify Exhibit C-3 to show only the controlled intersection. The traffic study for the general plan analyzed the controlled intersection; however, this was not reflected on the exhibit. The Change of Zone proposes to change the zoning of the subject site from One -Family Dwellings (R-1), One -Family Dwellings 10,000 square foot minimum (R-1-10,000), and Open Area Combining Zone (R-5) to Specific Plan (SP) to reflect the proposed Specific Plan and its land use designations and development standards. Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 The Tentative Tract Map proposes a Schedule A subdivision of 240.3 gross acres into 756 single-family residential lots and 111 lots for park, landscape, monumentation, drainage, and storm drain purposes, including one 10.0 acre park, one 0.64 acre park, and one 0.195 acre park. Single-family residential lots will have a minimum lot size ranging from 5,000 square feet, 5,500 square feet, 6,500 square feet, and 10,000 square feet. The Tentative Tract Map is proposed to be recorded in seven (7) phases, generally following the phasing of the Specific Plan. The Tentative Parcel Map proposes a Schedule I subdivision of 240.3 gross acres into 7 parcels with a minimum lot size of 26.2 acres for financing purposes. The Development Agreement proposes an agreement between the developer and City that will establish provisions for development of the Project such as, but not limited to, phasing of land uses, installation and financing of infrastructure, vesting of development rights, and timing of construction of public improvements. Environmental issues specifically considered in this EIR include but are not limited to the following: air quality, biological resources, cultural resources, greenhouse gas emissions, land use and planning, noise, and transportation/traffic. Project Location The Project site is located in the northwest portion of the City of Menifee approximately two miles west of Interstate 215 (1-215), which provides local and regional access to the Project area. Existing roads located near the site include Ethanac Road to the north, which ultimately connects to the 1-215. Other existing roads currently serving the site include Goetz Road which traverses the eastern portion of the site. Valley Boulevard is located to the southeast of the site and terminates near Thornton Avenue. Chambers Avenue, and Thornton Avenue are located to east of the site and terminate at Valley Boulevard. Rouse Road is also located to the east of the site and terminates near Byers Road. Troy Lane and Byers Road, which are currently unpaved dirt roads are located to the east of the site. McLaughlin Road is located to the north and is also an unpaved dirt road. The Assessor's parcel numbers (APNs) for the Project site are 330-220-004, 330-220- 005, 330-220-007, 330-220-008, 330-220-010, 330-220--011, 330-220-012, 330-220- 013, 330-230-003, 330-230-010, 330-230-013, 330-230-015, 330-230-029, 330-230- 032, 330-230-034, 330-230-035, 330-230-036, 330-230-037, 330-230-038, 330-230- 039, 330-230-040, 330-230-041, 335-070-036, 335-070-037, 335-070-038, 335-070- 039, 335-070-040, 335-070-041, 335-070-046, 335-070-047, 335-070-048, 335-430- 017. The Project site is located within portions of Sections 17, 19 and 20, Township 5 South and Range 3 West of the San Bernardino Base and Meridian. Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 CEQA Requirements Since the proposed action constitutes a "project" under the California Environmental Quality Act of 1970 (CEQA), as amended, and the State Guidelines for the implementation of CEQA, as amended, the City has prepared a Draft Environmental Impact Report (DEIR). The DEIR identifies certain significant effects which may occur as a result of the project, or which may occur on a cumulative basis in conjunction with the project and other past, present, and reasonably foreseeable future projects. CEQA and the State Guidelines require that no public agency approve or carry out a project for which an Environmental Impact Report (EIR) has been completed and which identifies one of more significant effects of the project unless the public agency makes one of more of the following written findings for each of the significant effects, accompanied by a Statement of Facts supporting each finding. The possible findings include the following: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. The City has determined that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines. The City proposes to approve the proposed project, and the findings set forth herein are made. B. EFFECTS DETERMINED TO BE INSIGNIFICANT As part of the Initial Study process, the Environmental Checklist Form suggested by the CEQA Guidelines and utilized by the City of Menifee was reviewed to assure that all environmental issues required to be addressed by CEQA would be addressed in the EIR. It was determined that the proposed project would have no impact on the following environmental areas of concern: Agriculture & Forest Resources: would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non -forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Biological Resources: would the project: e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Geology and Soils: would the project: e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Hazards and Hazardous Materials: would the project: c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Hydrology and Water Quality: would the project: g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? j) Inundation by seiche or mudflow? Land Use and Planning: would the project: a) Physically divide an established community? Mineral Resources: would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Noise: would the project: e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Population and Housing: would the project: b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Transportation and Traffic: would the project: c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Utilities and Service Systems: would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? C. EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT The Initial Study prepared for the Cimarron Ridge Specific Plan (Appendix A of the DEIR) and the DEIR concluded that the proposed Project would not result in significant impacts to the following issue areas or portions of those issue areas, as described below. These specific issues listed are discussed further within the body of the DEIR. It was determined that the proposed project would have a less than significant impact on the following environmental areas of concern: Aesthetics: would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Air Quality: would the project: d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Biological Resources: would the project: b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Cultural Resources: would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? d) Disturb any human remains, including those interred outside of formal cemeteries? Geology and Soils: would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Greenhouse Gas Emissions: would the project: b) Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? Hazards and Hazardous Materials: would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Hydrology and Water Quality: would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Land Use and Planning: would the project: b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Noise: would the project: b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Population and Housing: would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Public Services: would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) fire protection b) police protection c) schools d) parks e) other public facilities Recreation a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Transportation and Traffic: would the project: e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Utilities and Service Systems: would the project: b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? g) Comply with federal, state, and local statutes and regulations related to solid waste? D. EFFECTS DETERMINED TO BE MITIGATABLE TO A LEVEL OF INSIGNIFICANCE The City Council finds that the adoption of the mitigation measures in the FEIR will mitigate the impacts for the below identified potentially significant impacts to a level less than significant. The below impacts are discussed further within the body of the Initial Study and FEIR. The following is a summary of the discussions from the FEIR: Biological Resources: would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 Mitigation: MM Bio 1: Consistent with MSHCP Species Specific Conservation Objectives for burrowing owl, Objective 6 (page E-12), a pre -construction presence/absence survey burrowing owls shall be conducted by a qualified biologist within 30 days prior to commencement of grading and construction activities on -site as well as for offsite improvements. If ground disturbing activities are delayed or suspended for more than 30 days after the pre -construction survey, the site shall be resurveyed for owls. Take of active nests will be avoided. Passive relocation (use of one way doors and collapse of burrows) will occur when owls are present outside the nesting season. MM Bio 2: In order to avoid violation of the MBTA and California Fish and Game Code site preparation activities (removal of trees and vegetation) shall be avoided, to the greatest extent possible, during the nesting season (generally January 1 to September 15) of potentially occurring native and migratory bird species. If site preparation activities are proposed during the nesting/breeding season (generally considered January 1 to September 15), a preactivity field survey shall be conducted by a qualified biologist three (3) days prior to initiation of construction activities, to determine if active nests of species protected by the Migratory Bird Treaty Act (MBTA) or the California Fish and Game Code, are present in the construction zone. If project activities are delayed or suspended for more than 30 days from the date of the pre -activity survey, surveys shall be repeated. If active nests are observed and located appropriate buffers (e.g., 500 feet of an active listed species or raptor nest, 300 feet of other sensitive or protected bird nests (non -listed), within 100 feet of sensitive or protected songbird nests) shall be established and maintained during clearing and grubbing activities within the nesting season. No grading or heavy equipment activity shall take place within the established buffer until the nest is no longer active as determined by a qualified biologist. MM Bio 3: Prior to grading, project proponent shall enter into a Notification of Streambed or Lake Alteration Agreement with California Department of Fish and Wildlife The Streambed or Lake Alteration Agreement shall require that existing good quality wetland, mulefat scrub habitat and unvegetated streambed are mitigated at a range of 1:1 to 3:1 replacement ratio based upon the existence of isolated drainage features and/or degraded vegetation, ensuring that Project impacts to jurisdictional waters would be reduced to a less than significant level. Cultural Resources: would the project: b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Mitigation: Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 MM Cult 1: If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s) and or its representatives. 1) All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the Pechanga tribal representative(s) and the Community Development Director to discuss the significance of the find. 2) At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. 3) Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. 4) Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreements entered into with the Native American Tribes. MM Cult 2: If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Human remains from other ethnic/cultural groups with recognized historical associations to the project area shall also be subject to consultation between appropriate representatives from that group and the Community Development Director, if applicable. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods cultural artifacts shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254(r). MM Cult 3: Prior to issuance of a grading permit, the Community Development Department shall review the proposed grading plans to determine the depth of grading, including but not limited to foundation excavations, trenching and utility Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 installations. Should grading activities include excavation into native soils (i.e., below two feet in fill areas or areas where no prior grading activities occurred or fill materials have been added), then the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. 1) The Project Archaeologist and the monitor(s) from the appropriate Native American Tribe (s) shall be included in the pre -grade meetings to provide cultural/historical sensitivity training including the establishment of set guidelines for ground disturbance in sensitive areas with the grading contractors. The Project Archaeologist and the Tribal monitor(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Tribal monitor(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources. 2) The developer/permit holder shall submit a fully executed copy of the archaeological contract to the Community Development Department to ensure compliance with this condition of approval. Upon verification, the Community Development Department shall clear this condition. 3) Any newly discovered cultural resources shall be subject to an evaluation, in consultation with the Native American Tribe(s) and which will require the development of a treatment plan and monitoring agreement for the newly discovered resources. 4) The project archaeologist shall submit a complete final monitoring report no later than 60 days following completion of the monitoring activities to the City of Menifee, the property owner, the Eastern Information Center and the appropriate Tribes. The report shall document the monitoring activities, any resources that were identified, their final disposition, complete DPR site record forms and inventory records, and any other pertinent information associated with the Project. MM Cult 4: Tribal monitor(s) shall be required on -site during all ground disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians and the Soboba Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. Should an agreement between the Tribes and the Applicant/Permittee not be established within forty-five (45) days of the date the Applicant/Permittee initiates such an agreement with the Tribes, Native American monitoring shall not be required. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are Native American origin, found in the Project area for proper treatment and disposition to a Riverside County curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 MM Paleo 1: Should undisturbed Pleistoceneage sediments be encountered at depth as determined by the Project geologist, continuous monitoring for paleontological resources and a mitigation program to address potential impacts to any paleontological deposits that are unearthed shall be required. The mitigation program shall be developed in accordance with the provisions of CEQA as well as with the proposed guidelines of the Society of Vertebrate Paleontology, and shall include but not be limited to: 1) The excavation of areas identified as likely to contain paleontologic resources shall be monitored by a qualified paleontological monitor. Monitoring shall be restricted to the underlying, undisturbed older Pleistocene -age sediments conducive to the preservation of fossils. The monitor shall be prepared to quickly salvage fossils as they are unearthed to avoid construction delays. The monitor will also remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall have the power to temporarily halt or divert grading equipment to allow for removal of abundant or large specimens. 2) Collected samples of sediments shall be washed to recover small invertebrate and vertebrate fossils. Recovered specimens shall be prepared so that they can be identified and permanently preserved. 3) Specimens shall be identified, curated, and placed into a repository with permanent retrievable storage. 4) A report of findings, including an itemized inventory of recovered specimens, shall be prepared upon completion of the steps outlined above. The report shall include a discussion of the significance of all recovered specimens. The report and inventory, when submitted to the City of Menifee, will signify completion of the program to mitigate impacts to paleontologic resources. Greenhouse Gas Emissions: would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? MM Air 2: As included in the design of any future maps submitted to the City and where existing ROW is available, the Project applicant shall provide sidewalks. The City building and safety department shall review all submittals prior to approval to ensure sidewalks are incorporated throughout the Project. MM Air 3: In order to reduce energy consumption from proposed Project development, applicable plans (e.g., electrical plans) submitted to the City shall include the installation of high -efficiency lighting that is at least 5% more efficient than standard lighting. These plans shall be reviewed and approved by the applicable Department (e.g., Department of Building and Safety). MM Air 4: In order to reduce energy consumption from the proposed Project development, the Project applicant shall require that all building structures meet or exceed 2013 Title 24, Part 6 Standards and meet Green Building Code Standards. In addition, major appliances such as dishwashers, washing machines, and refrigerators installed in homes, shall be Energy Star -rated models. Proof of compliance will be required by the Department of Building and Safety in order to obtain a Final Inspection. Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 MM Air 5: Currently Waste Management — City of Menifee provides a recycling program and recycle bins to all residents. The developer shall coordinate with Waste Management to ensure residents are provided information on obtaining recycling bins and are educated regarding the benefits, through handouts and signage throughout the community. MM Air 6: In order to improve air quality by reducing VOC emissions associated with the application of architectural coating, homebuilders shall apply VOC coatings and solvents with VOC content lower than SCAQMD Rule 1113 to residential dwelling units. In addition, homebuilders are encouraged to consider the use of pre -coated construction materials and materials that do not require painting. Construction specifications shall be included in the building specifications that assure these requirements are implemented. The specifications shall be reviewed by the City of Menifee's Building and Safety Department for compliance with this mitigation measure prior to issuance of a building permit. Land Use and Planning: would the project: c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Mitigation: MM Bio 1: Consistent with MSHCP Species Specific Conservation Objectives for burrowing owl, Objective 6 (page E-12), a pre -construction presence/absence survey burrowing owls shall be conducted by a qualified biologist within 30 days prior to commencement of grading and construction activities on -site as well as for offsite improvements. If ground disturbing activities are delayed or suspended for more than 30 days after the pre -construction survey, the site shall be resurveyed for owls. Take of active nests will be avoided. Passive relocation (use of one way doors and collapse of burrows) will occur when owls are present outside the nesting season. MM Bio 2: In order to avoid violation of the MBTA and California Fish and Game Code site preparation activities (removal of trees and vegetation) shall be avoided, to the greatest extent possible, during the nesting season (generally January 1 to September 15) of potentially occurring native and migratory bird species. If site preparation activities are proposed during the nesting/breeding season (generally considered January 1 to September 15), a preactivity field survey shall be conducted by a qualified biologist three (3) days prior to initiation of construction activities, to determine if active nests of species protected by the Migratory Bird Treaty Act (MBTA) or the California Fish and Game Code, are present in the construction zone. If project activities are delayed or suspended for more than 30 days from the date of the pre -activity survey, surveys shall be repeated. If active nests are observed and located appropriate buffers (e.g., 500 feet of an active listed species or raptor nest, 300 feet of other sensitive or protected bird nests (non -listed), within 100 feet of sensitive or protected songbird nests) shall be established and maintained during clearing and grubbing Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 activities within the nesting season. No grading or heavy equipment activity shall take place within the established buffer until the nest is no longer active as determined by a qualified biologist. MM Bio 3: Prior to grading, project proponent shall enter into a Notification of Streambed or Lake Alteration Agreement with California Department of Fish and Wildlife The Streambed or Lake Alteration Agreement shall require that existing good quality wetland, mulefat scrub habitat and unvegetated streambed are mitigated at a range of 1:1 to 3:1 replacement ratio based upon the existence of isolated drainage features and/or degraded vegetation, ensuring that Project impacts to jurisdictional waters would be reduced to a less than significant level. Noise: would the project: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Mitigation: MM Noise 1: Onsite and Offsite Project construction activities, including deliveries, shall be limited to the hours of 6:00 a.m. to 6:00 p.m. during the months of June through September and between the hours of 7:00 a.m. and 6:00 p.m. during the months of October through May. MM Noise 2: During all excavation and grading both on -site and offsite, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer standards. The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest any project related activities. MM Noise 3: The contractor shall locate equipment staging in areas that will create the greatest distance between construction -related noise/vibration sources and sensitive receptors nearest any Project related activities during all Project construction. MM Noise 4: During construction of both onsite and offsite activities, the developer shall require that all contractors turn off all construction equipment and delivery vehicles when not in use and prohibit idling in excess of five (5) minutes. MM Noise 5: For the duration of construction activities both onsite and offsite activities, the construction manager shall serve as the contact person should noise levels become disruptive to local residents. A sign shall be posted at the Project site with the contact phone number. Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 MM Noise 6: To reduce impacts from construction noise to off -site sensitive receptors, prior to construction within 400-feet of a sensitive receptor, a temporary 12 foot high noise barrier with a STC Rating of 15 dBA or greater shall be in place during construction. Plans showing the location of and STC Rating of the temporary noise barrier shall be submitted to the Community Development Director for review prior to the commencement of any Project -related construction within 400-feet of a sensitive receptor. The Community Development Director shall review the location and STC rating of the noise barriers to confirm that the barriers will attenuate construction -related noise to the levels to 65 dBA or less. As an alternative to the herein described temporary noise barrier, the Project applicant may prepare and submit to the Qity Community Development Director a Construction Noise Reduction Plan with supporting analysis that identifies alternative construction noise reduction strategies that achieve 65 dBA at the nearest sensitive receptor. If after review of the Noise Reduction Plan, the Community Development Director determines that the alternative noise reduction strategies proposed by said plan achieve the desired noise reduction, such strategies may be used in place of the temporary barrier described above. Utilities and Service Systems: would the project: f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Mitigation: MM Util 1: Prior to issuance of a building permit for each phase, a Waste Recycling Plan (WRP) shall be submitted to Riverside County Waste Management Department for approval. At a minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amount of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins, one for waste disposal and the other for the recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used for further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. MM Util 2: Prior to issuance of occupancy permits for each phase, evidence (i.e., receipts or other type of verification) to demonstrate project compliance with the approved WRP shall be presented by the project proponent to the Planning Division of the Riverside County Waste Management Department. E. SIGNIFICANT ENVIRONMENTAL IMPACTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 Air Quality Impacts a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Because the Project's operational emissions exceed SCAQMD thresholds, the Project is anticipated to conflict with implementation of the AQMP. This impact is considered potentially significant and unavoidable. Implementation of mitigation measures MM Air 1 will reduce the Project's short- term construction related emissions. MM Air 1 is recommended to address NOX emissions from off -road equipment and is quantifiable in CalEEMod. As shown in Tables 5.1-H through 5.1-J of the Draft EIR, the mitigated emissions of NOX, PM-10, and PM-2.5 do not exceed applicable SCAQMD thresholds. Thus, short- term construction impacts are considered less than significant after implementation of mitigation. Implementation of mitigation measures MM Air 2 through MM Air 6 will reduce the Project's long-term operation emissions of VOC, NOX, CO, and PM-2.5 and are quantifiable in CaIEEMod. Although implementation of mitigation measures MM Air 2 through MM Air 6 will reduce Project -generated CO and PM-2.5 emissions below thresholds, NOX and VOC emission levels still exceed SCAQMD regional thresholds. The results of the mitigated regional threshold analysis are shown in Table 5.1-K of the Draft EIR. This table reflects the quantitative reductions associated with mitigation measures MM Air 2 and MM Air 6. Thus, long-term operation impacts are considered significant and unavoidable after mitigation. Mitigation: MM Air 1: The Project applicant shall ensure that the contract specifications list all applicable SCAQMD Rules and Regulations (such as Rule 403 for fugitive dust) and the construction contractor's construction specification package shall use construction equipment that have Tier 4 final engines, level 3 diesel particulate filters (DPF), with oxidation catalyst that have a 20% reduction in emissions. Prior to issuance of grading permits, proof of compliance shall be provided to the City in Project construction specifications, which shall include, but is not limited to, a copy of each unit's certified tier specification, T-BACT documentation, and CARB and/or SCAQMD operating permit(s). Alternatively, during the City's review process for applications under the Specific Plan, the applicant shall have conducted modeling of the criteria pollutant emissions of NOX, PM-10, and PM-2.5 (regional NOX from all construction activities and localized PM-10 and PM-2.5 during grading only) with the proposed fleet of equipment. If the modeling shows that NOX, PM-10, and PM-2.5 emissions Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 would exceed the SCAQMD's significance thresholds for those emissions, the maximum daily equipment of the proposed development shall be limited to the extent that could occur without resulting in NOX, PM-10, and PM-2.5 emissions in excess of SCAQMD's significance thresholds for those emissions. For implementing projects within the Specific Plan, the applicant shall be responsible for submitting a project -level air quality assessment that includes the modeling of emissions associated with the daily activities anticipated for the proposed development. MM Air 2: As included in the design of any future maps submitted to the City and where existing ROW is available, the Project applicant shall provide sidewalks. The City building and safety department shall review all submittals prior to approval to ensure sidewalks are incorporated throughout the Project. MM Air 3: In order to reduce energy consumption from proposed Project development, applicable plans (e.g., electrical plans) submitted to the City shall include the installation of high -efficiency lighting that is at least 5% more efficient than standard lighting. These plans shall be reviewed and approved by the applicable Department (e.g., Department of Building and Safety). MM Air 4: In order to reduce energy consumption from the proposed Project development, the Project applicant shall require that all building structures meet or exceed 2013 Title 24, Part 6 Standards and meet Green Building Code Standards. In addition, major appliances such as dishwashers, washing machines, and refrigerators installed in homes, shall be Energy Star -rated models. Proof of compliance will be required by the Department of Building and Safety in order to obtain a Final Inspection. MM Air 5: Currently Waste Management — City of Menifee provides a recycling program and recycle bins to all residents. The developer shall coordinate with Waste Management to ensure residents are provided information on obtaining recycling bins and are educated regarding the benefits, through handouts and signage throughout the community. MM Air 6: In order to improve air quality by reducing VOC emissions associated with the application of architectural coating, homebuilders shall apply VOC coatings and solvents with VOC content lower than SCAQMD Rule 1113 to residential dwelling units. In addition, homebuilders are encouraged to consider the use of pre -coated construction materials and materials that do not require painting. Construction specifications shall be included in the building specifications that assure these requirements are implemented. The specifications shall be reviewed by the City of Menifee's Building and Safety Department for compliance with this mitigation measure prior to issuance of a building permit. Findings: 1. Changes have been made in the project and the above noted Mitigation Measures have been incorporated, or are otherwise required for subsequent environmental review, which will partially mitigate to the extent feasible this significant impact. Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 2. Most significant environmental effects that can feasibly be avoided have been substantially reduced by virtue of mitigation measures in the Final EIR or otherwise incorporated into the plan as described in 1" directly above. 3. The remaining unavoidable significant effects are acceptable when balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to the remaining unavoidable significant effect, and in view of the following fact: a. Impacts identified from the proposed Project are considered significant on a cumulative basis in association with other projects occurring on a local and regional scale. Traffic Impacts a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? As discussed in Section 5.7.12 of the Draft EIR, when the design considerations and mitigation measures MM Trans 1 through MM Trans 30 are incorporated, all of the study intersections are projected to operate at levels of service D or better by Project buildout (2017) and with cumulative conditions, as shown on Tables 5.7-N and 5.7-0 of the Draft EIR; thus, meeting the City's threshold. However, a temporary or short-term impact may occur since the timing of construction of these improvements is uncertain. Thus, it is possible that the required improvements may not be constructed in time to mitigate the Project's impacts upon off -site intersections to acceptable levels. Therefore, although the Project's cumulative intersection impacts will be mitigated; they remain significant until such time as the improvements are completed. Mitigation: MM Trans 1: Prior to construction, sight distance at the project entrance roadway shall be reviewed with respect to standard City of Menifee sight distance standards at the time of entitlement and confirmed during the preparation of final grading, landscape and street improvement plans. MM Trans 2: Participate in the phased construction of off -site traffic signals through payment of Project's fair share of traffic signal mitigation fees as shown in Table 5.7-P and 5.7- Q. MM Trans 3: Signing/striping shall be implemented in conjunction with detailed construction plans for the Project site. Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 MM Trans 3A: A Construction Traffic Control Plan shall be prepared by the implementing developer and submitted to the City of Menifee Public Works Department for approval prior to the issuance of building permits for the Project. The Construction Traffic Control Plan shall include the estimated day(s), time(s) and duration of any lane closures that are anticipated to be required by Project construction. The Construction Traffic Control Plan shall include measures such as, but not limited to, signage, flagmen, cones, advance community notice, or other acceptable measures to the satisfaction of the City of Menifee Public Works Department to minimize traffic impacts from construction. The purpose of the measures shall be to safely guide motorists, cyclists, and pedestrians, minimize traffic impacts and ensure the safe and even flow of traffic consistent with City level of service standards and safety requirements. The implementing developer or its general contractor shall be required to notify the City of Menifee Public Works Department at least five (5) business days in advance of any planned lane closure that will be caused by Project construction. The City shall evaluate any other known lane closures, construction activities or special events which may conflict with the Project's scheduled lane closure or create additional impacts to traffic flow; and, if deemed necessary by the City of Menifee Public Works Department, the Project's lane closure may be postponed or rescheduled. MM Trans 3B: Prior to grading, the implementing developer shall coordinate with Southern California Edison (SCE) to identify and obtain necessary encroachment permits as approved and deemed necessary by SCE. MM Trans 4: Prior to issuance of first occupancy permit for Planning Area 1 construct full width improvements on Thornton Avenue, and prior to issuance of the first occupancy permit for Planning Area 3 construct full width improvements on "U" Street between Goetz Road and Thornton Avenue within the Project boundary. MM Trans 5: Construct full width improvements on all other internal roadways within Phase I boundaries, prior to issuance of the first occupancy permit for Planning Area 3. MM Trans 5A: Prior to construction, the implementing developer shall coordinate with Southern California Edison (SCE) for identification and installation of Anti -Climbing devices on transmission lines adjacent to project bike paths as approved and deemed necessary by SCE. MM Trans 6: Prior to the issuance of the first occupancy permit for Planning Area 3 construct a temporary intersection of Goetz Road (NS) and U Street (South Goetz Project Driveway)(EW) with the following geometrics: Northbound: One shared through and right turn lane. Southbound: One shared left turn and through lane. Eastbound: N/A Westbound: One shared left turn, through and right turn lane. Stop controlled. Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 MM Trans 7A: Prior to the issuance of the first occupancy permit for Planning Area 1 construct the intersection of Goetz Road (NS) and Sotelo Road -Thornton Avenue (EW) with the following geometrics: Northbound: One shared left turn, through and right turn lane. Southbound: One shared left turn, through and right turn lane. Eastbound: One shared left turn, through and right turn lane. Stop controlled. Westbound: One shared left turn, through and right turn lane. Stop controlled. MM 7B: Prior to the issuance of the 61st occupancy permit for Planning Area 2 construct the intersection of Goetz Road (NS) and Sotelo Road -Thornton Avenue (EW) with the following geometrics: Northbound: One left turn lane. One shared through and right turn lane. Southbound: One left turn lane. One shared through and right turn lane. Eastbound: One shared left turn, through and right turn lane. Stop controlled. Westbound: One shared left turn, through and right turn lane. Stop controlled. MM Trans 8: Prior to issuance of 61s' occupancy permit for Planning Area 2 construct the intersection of Valley Boulevard (NS) and Thornton Avenue (EW) with the following geometrics: Northbound: One left turn lane. One shared through and right turn lane. Southbound: One left turn lane, One shared through and right turn lane. Eastbound: One shared left turn, through and right turn lane. Stop controlled. Westbound: One shared left turn, through and right turn lane. Stop controlled. MM Trans 9: Prior to issuance of 6111 occupancy permit for Planning Area 2 construct full width improvements on Goldenrod Avenue, Valley Boulevard and Goetz Road within the Project boundary. MM Trans 10: Prior to issuance of the first occupancy permit for Planning Area 5 construct partial width improvements on the southerly side of McLaughlin Road at its ultimate crosssection as a collector roadway adjacent to Project boundary line. MM Trans 11: Prior to issuance of the first occupancy permit for Planning Area 5 construct partial width improvements on the westerly side of Byers Road at its ultimate cross-section as a collector roadway adjacent to Project boundary line. MM Trans 12: Construct full width improvements on all other internal roadways within each Planning Area as it is constructed (5, 6, or 7). MM Trans 13: Concurrent with the implementation of MM Trans 9 construct the intersection of Goetz Road (NS) and Goldenrod Avenue -McLaughlin Road (EW) with the following geometrics: Northbound: One left turn lane. One shared through and right turn lane. Southbound: One left turn lane. One through lane. One right turn lane. Eastbound: One shared left turn, through and right turn lane. Stop controlled. Westbound: One shared left turn, through and right turn lane. Stop controlled. MM Trans 14: Concurrent with implementation of MM Trans 10 construct the intersection of Project Driveway (McLaughlin) (NS) and McLaughlin Road (EW) with the following geometrics: Northbound: One shared left and right turn lane. Stop controlled. Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 Southbound: Not Applicable. Eastbound: One shared through and right turn lane. Westbound: One shared left turn and through lane. MM Trans 15: Concurrent with implementation of MM Trans 11 construct the intersection of Byers Road (NS) and McLaughlin Road (EW) with the following geometrics: Northbound: One shared left and right turn lane. Stop controlled. Southbound: Not Applicable Eastbound: One shared through and right turn lane. Westbound: One shared left turn and through lane. MM Trans 16: Prior to issuance of the first occupancy permit for Planning Area 5 construct the intersection of Goetz Road (NS) and Project Driveway (North Goetz) (EW) with the following geometrics: Northbound: One left turn lane. Two through lanes. Southbound: One through lane. One shared through and right turn lane. Eastbound: One shared left turn and right turn lane. Stop controlled. Westbound: Not Applicable. MM Trans 17: Concurrent with implementation of MM Trans 9 construct the intersection of Goetz Road -Valley Boulevard (NS) and Goetz Road (EW) with the following geometrics: Northbound: One left turn lane. One through lane. One shared through and right turn lane. Southbound: One left turn lane. One through lane. One shared through and right turn lane. Eastbound: One left turn lane. One shared through and right turn lane. Stop controlled. Westbound: One left turn lane. One shared through and right turn lane. Stop controlled. MM Trans 18: Prior to issuance of the first occupancy permit for Planning Area 5 construct the intersection of Goetz Road (NS) and Project Driveway (South Goetz) (EW) with the following geometrics: Northbound: One left turn, through and shared right turn lane. Southbound: One left turn, through and shared right turn lane. Eastbound: One shared left turn, through and right turn lane. Stop controlled. Westbound: One shared left turn, through and right turn lane. Stop controlled. MM Trans 19: Prior to issuance of 611t occupancy permit for Planning Area 2 construct Goetz Road as a major roadway from westerly project boundary (475 feet south of Goetz Road and Valley) to Thornton Avenue with 64 feet of pavement/median within 110 feet of right-of-way, with 14' outside lanes, 12' inside lanes and a 12' center two-way left -turn lane. MM Trans 20: Prior to the issuance of the first occupancy permit for Planning Area 1 the Project applicant shall install a traffic signal at the intersection of Murrieta Road (NS) and Ethanac Road (EW) to include the following geometrics: Northbound: One shared left turn, through and right turn lane. Southbound: One shared left turn and through lane. One right turn lane. Eastbound: One left turn lane. One shared through and right turn lane. Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 Westbound: One left turn lane. One shared through and right turn lane. MM Trans 21: Prior to the issuance of the first occupancy permit for Planning Area 1, the Project applicant shall pay fair share fees towards the installation of a westbound overlapping right turn traffic signal at the intersection of Goetz Road (NS) and Ethanac Road (EW) to include the following geometrics: Northbound: One left turn lane. One through lane. One right turn lane. Southbound: One left turn lane. Two through lanes. One right turn lane. Eastbound: One left turn lane. One through lane. One right turn lane. Westbound: Two left turn lanes. One through lane. One right turn lane. MM Trans 22: Prior to issuance of 1st occupancy permit for Planning Area 5 construct 32' of pavement (one lane in each direction) of McLaughlin Road from easterly project boundary to Calle Emiliano with a 6' pedestrian walkway on one side. MM Trans 23: Prior to issuance of 61s' occupancy permit for Planning Area 2 construct 32' of pavement (one lane in each direction) of Valley Boulevard from 475' south of Goetz Road to Thornton Avenue. Construct a trail within the existing 110' section to provide connectivity to the proposed Project trail. MM Trans 24: Prior to issuance of 615t occupancy permit for Planning Area 2 construct full width improvements of Goetz Road at its ultimate cross-section as a major roadway from McLaughlin Road north 784' to existing Goetz Road. MM Trans 25: Prior to the issuance of the first occupancy permit for Planning Area 5 the Project applicant shall install a traffic signal at the intersection of Murrieta Road (NS) and Thornton Avenue -Sun Meadows Drive (EW) to include the following geometrics: Northbound: One left turn lane. One through lane. One shared through and right turn lane. Southbound: One left turn lane. One shared through and right turn lane. Eastbound: One shared left turn, through and right turn lane. Westbound: One shared left turn, through and right turn lane. MM Trans 26: In addition to the requirements of mitigation measures MM Trans 1 through MM Trans 25, the Project will participate in the cost of off -site improvements through payment of the Transportation Uniform Mitigation Fee (TUMF) and City of Menifee Development Impact Fees (DIF) at the time of construction as shown in Table 5.7-N and 5.7-0. MM Trans 27: In addition to the requirements of mitigation measures MM Trans 1 through MM Trans 26, the Project will participate in the cost of off -site improvements through the payment of fair share fee's at the time of construction as shown on Table 5.7-P and 5.7-Q. MM Trans 28: Prior to the issuance of the first occupancy permit for the Project, the Central 1-215 improvements to add one southbound and one northbound lane to the 1-215 freeway segments between State Route 60 and Murrieta Hot Springs Road shall be constructed and operational. Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 MM Trans 29: All new on -site and/or off -site traffic signals and traffic signal modifications that are required to be installed by the Project shall include traffic signal communication infrastructure, network equipment, and/or Advanced Traffic Management System (ATMS) license software. Said traffic signal control devices shall be submitted with the traffic signal design plans and shall be approved by the City Traffic Engineer prior to testing of new signal. MM Trans 30: Traffic signal timing plans for new signalized intersections shall be submitted with the traffic signal design plans and shall be approved by the City Traffic Engineer prior to installation and testing of new signal. Findings: 4. Changes have been made in the project and the above noted Mitigation Measures have been incorporated, or are otherwise required for subsequent environmental review, which will partially mitigate to the extent feasible this significant impact. 5. Most significant environmental effects that can feasibly be avoided have been substantially reduced by virtue of mitigation measures in the Final EIR or otherwise incorporated into the plan as described in "1" directly above. 6. The remaining unavoidable significant effects are acceptable when balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to the remaining unavoidable significant effect, and in view of the following fact: b. Impacts identified from the proposed Project are considered significant on a cumulative basis in association with other projects occurring on a local and regional scale. Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 EXHIBIT "B" STATEMENT OF OVERRIDING CONSIDERATIONS The City of Menifee hereby adopts and makes this statement of overriding considerations concerning the Cimarron Ridge Project's unavoidable significant impacts to explain why the project's benefits override and outweigh its unavoidable impacts. CEQA requires the decision -making agency to balance the economic, legal, social, technological or other benefits of a project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record. Those reasons are provided in this Statement of Overriding Considerations. The City finds that this project will create substantial benefits including enhancing the quality of life necessary to attract new residents businesses and visitors to the City. The City finds that the project's unavoidable impacts are acceptable in light of these and other project benefits. Each benefit set forth below constitutes an overriding consideration warranting approval of the project, independent of other benefits, despite each and every unavoidable impact. Each overriding consideration identified below applies independently to each unavoidable impact. Pursuant to CEQA Guidelines Section 15093, the City has balanced the benefits of the Project against any unavoidable environmental impacts in determining whether to approve the Project. If the benefits of the Project outweigh the unavoidable adverse environmental impacts, those impacts may be considered "acceptable"; and, 2. The City has made a reasonable and good faith effort to eliminate or substantially mitigate the potential impacts resulting from the Project; and, 3. To the extent any Mitigation Measure recommended in the EIR or Project conditions of approval could not be incorporated, such Mitigation Measure is infeasible because it will impose restrictions on the Project that will prohibit the realization of specific economic, social and other benefits that the City finds outweigh the unmitigated impacts; and, 4. Except for the Project, all other alternatives set forth in the EIR are infeasible because they will prohibit the realization of Project objectives and specific economic, social and other benefits that the City finds outweigh any environmental benefits of the alternatives; and, 5. Having reduced the adverse significant environmental effects of the Project to the extent feasible by adopting the proposed Mitigation Measures, having considered the entire administrative record on the Project, and having weighed the benefits of the Project against its unavoidable adverse environmental impacts after mitigation, the City has determined that each of the following social, economic and environmental benefits of the Project outweigh the potential unavoidable Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 adverse impacts and render those potential adverse environmental impacts acceptable based upon the following overriding considerations: a. The Project is a high quality residential development that will enhance the surrounding primarily residential land uses. b. The Project is consistent with the property's 2.1-5 Dwelling Units Per Acre (2.1-5R) Land Use Designation. c. The Project represents the continuation of a logical development pattern occurring, or that will occur, in the surrounding area. d. The Project provides for road improvements, including on -site improvements for Goetz Road, McLaughlin Road, Valley Boulevard, and Byers Road and off -site partial ultimate width road improvements for McLaughlin Road and Valley Boulevard. The project would construct traffic signals at Valley Boulevard and Goetz Road, Ethanac Road and Murrieta Road, and Thornton Avenue and Murrieta Road and provide fair share payment for traffic signals at Goetz Road and Ethanac Road and Chambers Avenue and Murrieta Road. These road and traffic signal improvements will provide a benefit to the local transportation system. e. The Project includes bike and recreational trails that will benefit the surrounding area. f. The Project provides backbone other public infrastructure (i.e., utilities) to service the site. g. The Project will construct a 10.0 acre public park to be dedicated to the City that will serve the surrounding area. h. The improvements proposed by the project and residential development in this area of the City may help promote commercial and industrial development to the north of the Project site within areas designated as Economic Development Corridor (EDC) in the City's General Plan, which would help increase the City's tax base. 6. The foregoing benefits provided to the public through approval and implementation of the Project outweigh the identified significant adverse environmental impacts of the Project, which cannot be mitigated; and 7. Each of the Project benefits separately and individually outweighs the unavoidable adverse environmental impacts identified in the EIR and therefore finds those impacts to be acceptable; and, 8. Economic, social and other considerations and benefits derived from the development of the Project override and make infeasible any alternatives to the Project or further Mitigation Measures beyond those incorporated into the Project. Resolution No PC 15-222 Cimarron Ridge EIR August 12, 2015 EXHIBIT "C" MITIGATION MONITORING AND REPORTING PROGRAM C C C i 15- �'c N oa oa,oa N f0 u E �'-cu o 0 cu �s Tu O)j,01j cu C > >' co L L N "O O ;.; ;�. a) Q. C U U U U L a 0 @ ' m ca m a > c oU m m .Q .p .p C U U U O U Q Q Q O i m m m L N =U Z Z Z O L ~@ c6 L C L U 30 C y 0 (6 L O U 0 CO 3 a) U 70 y 'tD O 0 (>6 U v) U �_ 0 0 (6 5 a) a) 7 I a. y w 'C >, O C U C O" co m f0 Q 'tn C_ "' C O E m ( O O �' O a. C c M Q m E cu 4_ M Y U "-' U L -0 L U V C a) O a) 0 m O V ,V) U0. 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