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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) Page 2 of 7 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) Page 4 of 7 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) Page 5 of 7 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) Page 6 of 7 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) Page 7 of 7 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)