PC18-384Page 1 of 7
EXHIBIT “1”
Tentative Tract Map No. 2015-250 (Tentative Tract Map No. 36937),
Plot Plan 2015-251, and Change of Zone No. CZ 2015-252
Mitigation Monitoring Plan
Impact Category Mitigation Measure Implementation
Timing
Responsible
for
Implementing
Mitigation
Responsible for
Monitoring
Implementation
Method of
Reporting/
Monitoring
Biological
Resources IV(a)
& (f)
BIO-1: A 30-day preconstruction survey for burrowing owl is
required by the Western Riverside County Multiple Species
Habitat Conservation Plan (MSHCP) to confirm the continued
presence of burrowing owl within the survey area. The survey
shall be conducted by a qualified biologist no more than 30 days
prior to ground disturbance in accordance with MSHCP survey
requirements to avoid direct take of burrowing owl. If burrowing
owl are determined to occupy the project site or immediate
vicinity, the City of Menifee Planning Division will be notified and
avoidance measures will be implemented, as appropriate,
pursuant to the MSHCP, the California Department Fish and
Wildlife Code, the Migratory Bird Treaty Act, and the mitigation
guidelines prepared by the CDFW (2012).
The following measures are recommended in the CDFW
guidelines to avoid impacts on an active burrow:
• No disturbance should occur within 50 meters
(approximately 160 feet) of occupied burrows during the
non-breeding season.
• No disturbance should occur within 75 meters
(approximately 250 feet) of occupied burrows during the
breeding season.
For unavoidable impacts, passive or active relocation of burrowing
owls would need to be implemented by a qualified biologist
outside the breeding season, in accordance with procedures set
by the MSHCP and in coordination with the CDFW.
Thirty days prior
to construction.
Applicant/
Applicant’s
Contractor
Community
Development
Department and
Riverside
County
Environmental
Programs
Department
Preparation and
approval of a
burrowing owl
preconstruction
survey
Biological
Resources IV(d)
BIO-2: To avoid impacting nesting birds, one of the following must
be implemented:
A) Conduct grading activities from September 1st through January
31st, when birds are not likely to be nesting on the site;
-OR-
B) Conduct pre-construction surveys for nesting birds if
construction is to take place during the nesting season (February
1 through August 31). A qualified wildlife biologist shall conduct a
No more than
three days prior
to construction.
Applicant/
Applicant’s
Contractor
Community
Development
Department and
Riverside
County
Environmental
Programs
Department
Preparation and
approval of a
nesting bird
survey
9.1.d
Packet Pg. 117 Attachment: MMRP McLaughlin Village (1577 : McLaughlin Villages)
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Impact Category Mitigation Measure Implementation
Timing
Responsible
for
Implementing
Mitigation
Responsible for
Monitoring
Implementation
Method of
Reporting/
Monitoring
pre-construction nest survey no more than three (3) days prior to
initiation of grading to provide confirmation of the presence or
absence of active nests on or immediately adjacent to the project
site. If active nests are encountered, species-specific measures
shall be prepared by a qualified biologist and implemented to
prevent abandonment of the active nest. At a minimum, grading in
the vicinity of the nest shall be deferred until the young birds have
fledged. A minimum exclusion buffer of 100 feet shall be
maintained during construction, depending on the species and
location. The perimeter of the nest setback zone shall be fenced
or adequately demarcated with staked flagging at 20-foot
intervals, and construction personnel and activities restricted from
the area. A survey report by the qualified biologist verifying that
(1) no active nests are present, or (2) that the young have fledged,
shall be submitted to the City prior to initiation of grading in the
nest-setback zone. The qualified biologist shall serve as a
construction monitor during those periods when construction
activities occur near active nest areas to ensure that no
inadvertent impacts on these nests occur. A report of the findings
prepared by a qualified biologist shall be submitted to the City
prior to ground disturbance and/or issuance of a grading permit.
Cultural
Resources V(b)
CUL-1: Prior to issuance of a grading permit 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. The Project Archaeologist and the
representative(s) from the 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
representative(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 representative(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 in coordination with any required special interest or
tribal monitors. The developer/permit holder shall submit a fully
executed copy of the contract to the Community Development
Department to ensure compliance with this condition of approval.
Upon verification, the Community Development Department shall
Prior to issuance
of a grading
permit, during
pre-grading
meetings, and
during all ground
disturbing
activities.
Applicant/
Applicant’s
Contractor
Community
Development
Department
Weekly/monthly
monitoring
reports,
cultural/historical
sensitivity
training, and (for
any discovered
cultural
resources)
evaluation, and
development of a
treatment plan
and monitoring
agreement
9.1.d
Packet Pg. 118 Attachment: MMRP McLaughlin Village (1577 : McLaughlin Villages)
Page 3 of 7
Impact Category Mitigation Measure Implementation
Timing
Responsible
for
Implementing
Mitigation
Responsible for
Monitoring
Implementation
Method of
Reporting/
Monitoring
clear this condition. 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.
Cultural
Resources V(b)
CUL-2: 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).
i. 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
tribal representative(s) and the Community Development
Director to discuss the significance of the find.
ii. 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.
iii. 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.
iv. Treatment and avoidance of the newly discovered resources
shall be consistent with the Cultural Resources Treatment
and Monitoring Agreements entered into with the
appropriate tribes. This may include avoidance of the
cultural resources through project design, in-place
preservation of cultural resources located in native soils
and/or re-burial on the Project property so they are not
subject to further disturbance in perpetuity.
v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is
the preferred method of preservation for archaeological
resources and cultural resources. If the landowner and the
Tribe(s) cannot agree on the significance or the mitigation
for the archaeological or cultural resources, these issues will
be presented to the City Community Development Director
During ground
disturbing
activities
Applicant/
Applicant’s
Contractor
Community
Development
Department
Notification of
discovery of
cultural
resources
through
monitoring
9.1.d
Packet Pg. 119 Attachment: MMRP McLaughlin Village (1577 : McLaughlin Villages)
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Impact Category Mitigation Measure Implementation
Timing
Responsible
for
Implementing
Mitigation
Responsible for
Monitoring
Implementation
Method of
Reporting/
Monitoring
for decision. The City Community Development Director
shall make the determination based on the provisions of the
California Environmental Quality Act with respect to
archaeological resources, recommendations of the project
archeologist and shall take into account the cultural and
religious principles and practices of the Tribe.
Notwithstanding any other rights available under the law, the
decision of the City Community Development Director shall
be appealable to the City Planning Commission and/or City
Council.”
Cultural
Resources V(b)
CUL-3: Tribal monitor(s) shall be required onsite 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. 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.
The Developer shall relinquish ownership of all cultural resources,
including all archaeological artifacts that are of Native American
origin, found in the project area for proper treatment and disposition
to a curational facility that meets or exceeds Federal Curation
Standards outlined in 36 CFR 79. The Applicant/Permittee shall be
responsible for all curation costs.
During ground
disturbing
activities
Applicant/
Applicant’s
Contractor
Community
Development
Department
Notification of
discovery of
cultural
resources
through
monitoring
Cultural
Resources V(b)
CUL-4: The Developer shall relinquish ownership of all cultural
resources, including the archaeological artifacts that are of Native
American origin, found in the project area for proper treatment and
disposition to a curational facility that meets or exceeds Federal
Curation Standards outlined in 36 CFR 79. The Applicant/Permittee
shall be responsible for all curation costs.
During ground
disturbing
activities
Applicant/
Applicant’s
Contractor
Community
Development
Department
N/A
Cultural
Resources V(b)
CUL-5: Prior to final inspection, the developer/permit holder shall
prompt the Project Archeologist to submit two (2) copies of the
Phase III Data Recovery report (if required for the Project) and the
Phase IV Cultural Resources Monitoring Report that complies with
the Community Development Department's requirements for such
reports. The Phase IV report shall include evidence of the required
cultural/historical sensitivity training for the construction staff held
during the pre-grade meeting. The Community Development
Prior to final
inspection
Applicant/
Applicant’s
Contractor
Community
Development
Department
Phase III Data
Recovery Report
(if required for
Project) and
Phase IV
Cultural
Resources
Monitoring
Report
9.1.d
Packet Pg. 120 Attachment: MMRP McLaughlin Village (1577 : McLaughlin Villages)
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Impact Category Mitigation Measure Implementation
Timing
Responsible
for
Implementing
Mitigation
Responsible for
Monitoring
Implementation
Method of
Reporting/
Monitoring
Department shall review the reports to determine adequate
mitigation compliance. Provided the reports are adequate, the
Community Development Department shall clear this condition.
Once the report(s) are determined to be adequate, two (2) copies
shall be submitted to the Eastern Information Center (EIC) at the
University of California Riverside (UCR).
Cultural
Resources V(c)
CUL-6: Prior to issuance of a grading permit a Paleontological
Resource Impact Mitigation Program (PRIMP) shall be prepared
and submitted to the Community Development Department for
review and approval.
Prior to issuance
of a grading
permit, and
during ground
disturbing
activities (for
possible
paleontological
monitoring)
Applicant/
Applicant’s
Contractor
Community
Development
Department
Prepare PRIMP
for Community
Development
Department
review/approval.
Paleontological
monitoring,
throughout
construction,
may also be
required, as per
requirements
identified in
approved
PRIMP.
Cultural
Resources V(d)
CUL-7: 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 Property
Owner.
During ground
disturbing
activities
Applicant/
Applicant’s
Contractor
Community
Development
Department
Notification/
Reporting of any
discoveries of
human remains
Cultural
Resources V(d)
CUL-8: 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 shall not be disclosed and shall
During ground
disturbing
activities
Applicant/
Applicant’s
Contractor
Community
Development
Department
Non-disclosure
of the site of any
reburial of Native
American human
9.1.d
Packet Pg. 121 Attachment: MMRP McLaughlin Village (1577 : McLaughlin Villages)
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Impact Category Mitigation Measure Implementation
Timing
Responsible
for
Implementing
Mitigation
Responsible for
Monitoring
Implementation
Method of
Reporting/
Monitoring
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).
remains or
associated grave
goods.
Noise XII(d)
NOI-1: Limit construction activities to the hours of either (1)
between the hours of 6:00 PM and 6:00 AM during the months of
June through September; or (2) between the hours of 6:00 PM and
7:00 AM during the months of October through May.
General
condition
required during
grading and
construction
activities
Applicant/
Applicant’s
Contractor
Community
Development,
Engineering, and
Building and
Safety
Departments
Applicant shall
submit legally
binding contract
with the Project
Contractor or
these measures
may be listed as
notes on the
grading plans
and building
plans.
Noise monitoring
may also be
required
throughout
construction.
Noise XII(d)
NOI-2: Limit haul truck deliveries to the same hours specified for
construction (above).
Same as for NOI-
1, above.
Same as for
NOI-1, above.
Same as for NOI-
1, above.
Same as for NOI-
1, above.
Noise XII(d)
NOI-3: To the extent feasible, haul routes shall not be permitted to
pass through sensitive land uses or through residential
developments.
Same as for NOI-
1, above.
Same as for
NOI-1, above.
Same as for NOI-
1, above.
Same as for NOI-
1, above.
Noise XII(d)
NOI-4: During all project site excavation and grading on-site,
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 the
project site.
Same as for NOI-
1, above.
Same as for
NOI-1, above.
Same as for NOI-
1, above.
Same as for NOI-
1, above.
Noise XII(d)
NOI-5: The contractor shall locate equipment staging in areas that
will create the greatest distance between construction-related
Same as for NOI-
1, above.
Same as for
NOI-1, above.
Same as for NOI-
1, above.
Same as for NOI-
1, above.
9.1.d
Packet Pg. 122 Attachment: MMRP McLaughlin Village (1577 : McLaughlin Villages)
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Impact Category Mitigation Measure Implementation
Timing
Responsible
for
Implementing
Mitigation
Responsible for
Monitoring
Implementation
Method of
Reporting/
Monitoring
noise/vibration sources and sensitive receptors nearest the project
site during all project construction.
Noise XII(d)
NOI-6: During construction, the contractor shall require that all
contractors turn off all construction equipment and delivery vehicles
when not in use and prohibit idling in excess of 3 minutes.
Same as for NOI-
1, above.
Same as for
NOI-1, above.
Same as for NOI-
1, above.
Same as for NOI-
1, above.
Noise XII(d)
NOI-7: For the duration of construction 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.
Same as for NOI-
1, above.
Same as for
NOI-1, above.
Same as for NOI-
1, above.
Same as for NOI-
1, above.
Noise XII(d)
NOI-8: Limit the use of heavy equipment or vibratory rollers and
soil compressors along the project’s western, southern, and
eastern boundary to the greatest degree possible. It is
acknowledged that some soil compression may be necessary
along the project boundaries.
Same as for NOI-
1, above.
Same as for
NOI-1, above.
Same as for NOI-
1, above.
Same as for NOI-
1, above.
Tribal and
Cultural
Resources XVII
(a) & (b)
See CUL-1 through CUL-8 (above)
See CUL-1
through CUL-8
(above)
See CUL-1
through CUL-
8 (above)
See CUL-1
through CUL-8
(above)
See CUL-1
through CUL-8
(above)
9.1.d
Packet Pg. 123 Attachment: MMRP McLaughlin Village (1577 : McLaughlin Villages)