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PC20-485RESOLUTION NO. PC 20.485 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DEGLARATION FOR TENTATIVE TRACT MAp NO. 2018-065 (TR 37400) LOCATED SOUTH OF MCLAUGHLIN ROAD, EAST OF EVANS ROAD, NORTH OF ROUSE ROAD, AND WEST OF BARNETT ROAD WHEREAS, on March 8, 2018, the applicant, Garrett Group, filed a formal application with the City of Menifee for the approval of Tentative Tract Map No. 2018- 065 for a Schedule'A'subdivision of 46.9 gross acres into 174 single-family residential lots with a minimum lot size of 7,200 square feet, a 1 .23 acre park, a water quality basin, two (2) paseos and parkways located south of Mclaughlin Road, east of Evans Road, north of Rouse Road, and west of Barnett Road; and, WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), an lnitial Study ("1S") and Mitigated Negative Declaration ("MND") have been prepared to analyze and mitigate the project's potentially significant environmental impacts; and, WHEREAS, between January 31, 2020 and February 19, 2020, the twenty-(2O)- day public review period for the IS/MND took effect. During this time, the IS/MND, was publicly noticed by publication in a newspaper of general circulation and was noticed to owners within 300 feet of the Project site boundaries, related agencies and government agencies; and WHEREAS, no comments on the IS/MND were received during the public review period; and WHEREAS, on February 26, 2020, 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 Tentative Tract Map No.2018-065 (TR37400), 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 City has complied with CEQA and the IS/MND is an accurate and objective statement that fully complies with the CEQA Guidelines and represents the independent judgment of the City; and WHEREAS, no evidence of new significant impacts or increased severity of environmental impacts, as defined by CEQA Guidelines Section 15088.5, have been received by the City after circulation of the draft IS/MND which would require re- circulation. NOW, THEREFORE, the Planning Commission of the City of Menifee hereby recommends to the City Council the following: 1. That the City Council determine on the basis of the evidence presented and the whole record before it, including the lnitial Study and the draft MND, and any comments received, that there is no substantial evidence that the project, as mitigated, will have a significant effect on the environment. Page 2 of 2 IS/MND for TR 2018-065 Date: February26,2020 Attest: Randy Mydrid, Chairman 2. That the City Council determine that the Mitigation Monitoring and Reporting Plan ('MMRP'), which is attached to the MND and incorporated into the project's Conditions of Approval, and a copy of which is attached hereto as Exhibit "1" and incorporated herein by reference, will assure compliance with the mitigation measures during project implementation. 3. That the City Council further finds that the adoption of the MND reflects the City Council's independent judgment and analysis. 4. That the City Council finds that the MND, all documents referenced in the MND, and the record of proceedings on which the City Council's decision is based are located at City of Menifee City Hall at29844 Haun Road, Menifee, CA 92586 and the custodian of record of proceedings is the City of Menifee City Clerk. 5. That the City Council adopts an MND for the project including but not limited to the Mitigation Monitoring and Reporting Plan (MMRP) as attached to the MND and incorporated into the project's Conditions of Approval. PASSED, APPROVED AND ADOPTED THIS 26th DAY OF FEBRUARY 2020. 2_/ r<^ nie Roseen, Deputy City Clerk Approved as to form , Assistant City AttorneyV h.-,-Zl EXHIBIT "1" Tentative Tract Map No.2018-065 (Tentative Tract Map No. 37400) Mitigation Monitoring Plan lmpact Category Mitigation Measure lmplementation Timing Responsible for lmplementing Mitiqation Responsible for Monitoring lmplementation Method of Reporting/ Monitoring Biological Resources (Section lV) BIO-1: Burrowing Owl. Pursuant to Objective 6 and Objective 7 of the Species Account for the Burrowing Owl included in the Westem Riverside County Multiple Species Habitat Conservation Plan, within 30 days prior to the issuance of a grading permit, a pre-construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the Cityof Menifee Community Development Department. As long as there are fewer than 3 pairs of bunowing owls on or adjacent to the Site, passive or active relocation of the burrowing owls will occur prior to ground-disturbing activities onsite and follow standard protocols. lf 3 or more pairs of burrowing owls are detected on or adjacent to the Site, the City and County will be contacted immediately to discuss appropriate actions. lf construction must occur during the avian breeding season, pre- construction surveys shall be performed by a qualified biologist within 10 calendar days prior to the start of work to determine the presence or absence of nesting birds within 300 feet (500 feet for special-status species and raptors) of the impact area. lf nesting birds are detected, the City, County, and Wildlife Agencies shall be contacted to discuss the potential impact minimization measures to be implemented. lf construction and/or disturbance of the site is suspended for a period of days (30) days or more, a new survey shall be required. lf the 30-day pre-construction burrowing owl survey finds burrowing owls on the site, the prqect biologist shall notifo CDFW and USFWS within two business days of discovering the occupied burrows, and shall subsequently prepare a Burrowing Owl Protection and Relocation Plan for review and approval by the Califomia Department of Fish and Wildlife (CDFW), U.S. Fish and Wildlife Service (USFWS), and the Regional Conservation Authority (RCA) prior to initiating any ground-disturbing activities (including disking and mowing, among others). Prior to grading permit issuance ApplicanU Applicant's Contractor Community Development Department Preparation and approval of a 30- day preconstruction Burrowing Owl survey Biological Resources (Section lV) BIO-2: Nesting Birds. To avoid impacting nesting birds, one of the following must be implemented: Conduct grading activities from September 16th through January 31st, when birds are not likely to be nesting on Within fourteen (10) days priorto grading. ApplicanV Applicant's Contractor Community Development Department Preparation and approval ofa nesting bird preconstruction Page 1 of 7 lmpact Category Mitigation Measure lmplementation Timing Responsible for !mplementing Mitigation Responsible for Monitoring lmplementation Method of Reporting/ Monitoring the site; OR Conduct pre-construction surveys for nesting birds if construction is to take place during the nesting season (February 1st through September 15th). A qualified wildlife biologist shall conduct a pre-construction nest survey no more than 10 calendar 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. lf 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. An exclusion buffer of 100 feet, or other suitable buffer determined by the City of Menifee in consultation with applicable agencies, shall be maintained until the nest has successfully fledged, depending on the species and location. Construction personnel and activities shall be restricted within the exclusion buffer area. A survey report by the qualified biologist verifoing that (1) no active nests are present prior to the initiation of grading, or (2) that the young have fledged in the nest-setback zone prior to removing the exclusion buffer area. 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. survey Biological Resources (Section lV) BIO-3: Landscaping. Project-related landscaping shall not include exotic plan species that may be invasive to native habitats. lnvasive exotic plant species not to be used include those listed on the California lnvasive Plant Council's lnvasive Plant lnventory and Table 6-2: Plants that should be avoided adjacent to the MSHCP Conservation Area," found in Section 6.1.4 of the MSHCP. Prior to building permit issuance ApplicanU Applicant's Registered Professional Geologist or Engineer Community Development Department Submittal, review and approval of a landscaping plan designed consistent with this measure Biological Resources (Section lV) BIO-4: Best Management Practices: Best Management Practices and the SWPPP shall specifically include mandatory measures to prevent any movement of water, soils, or any material from the site into offsite areas. Prior to grading permit issuance ApplicanU Applicant's Contractor Public Works/Engineeri ng Department Submittal, review and approval of Best Management Practices ad a SWPPP consistent with Page 2 of 7 lmpact Category Mitigation Measure lmplementation Timing Responsible for lmplementing Mitigation Responsible for Monitoring lmplementation Method of Reporting/ Monitoring this measure Geology (Section Vll) GEO-1: Paleontological Monitoring A qualified project paleontologist, that meets qualifications described in the paleontology report and is approved by the City of Menifee, should be retained to monitor for and address incidental discovery during project construction activities. The project paleontologist retained shall review the approved development plan and shall conduct any pre-construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the prqect paleontologist in a Paleontological Resource lmpact Mitigation Program (PRIMP). This PRIMP shallbe submitted to the Community Development Department for review and approval prior to issuance of a Grading Permit. lnformation to be contained in the PRIMP, at a minimum and in addition to other industry standard and Society of Vertebrate Paleontology standards, are as follows:i. The project paleontologist shall participate in a pre- construction project meeting with development staff and construction operations to ensure an understanding of any mitigation measures required during construction, as applicable.ii. Paleontological monitoring of earthmoving activities will be conducted on an as-needed basis by the project paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where previously undisturbed strata willbe buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level.iii. lf the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary.iv. lf fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities will be diverted around the fossil site and the Prior to grading permit issuance ApplicanU Applicant's Qualified Paleontologist Community Development Department Executed contract with a qualified Paleontological Monitor and Preparation and approval of a PRIMP Page 3 of 7 lmpact Gategory Mitigation Measure lmplementation Timing Responsible for lmplementing Responsible for Monitoring lmplementation Method of Reporting/ Monitoring project paleontologist called to the site immediately to evaluate the significance of the discovery, recover the remains, if deemed necessary, in accordance with GEO- 2. lf fossil remains are encountered, fossiliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate. Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum" repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and conesponding geologic and geographic site data will be archived (specimen and site numbers and conesponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum" repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. "The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the Community Development Department for review and approval prior to building final inspection as described elsewhere in these conditions. All reports shall be signed by the project paleontologist and all other professionals responsible for the report's content (e.g. Professional Geologist, Professional Engineer, etc.), as appropriate. Two wet-signed original copies of the report shall be submitted directly to the Community Development Department vi vii of this cond thewith a Page 4 of 7 lmpact Category Mitigation Measure !mplementation Timing Responsible for lmplementing Mitiqation Responsible for Monitoring lmplementation Method of Reporting/ Monitoring grading plan for appropriate case processing and tracking Noise (Section Xlll) NOI-I: Limit construction activities to daytime hours, Monday through Saturday, between 6:30 AM and 6:00 PM, June through September and 7:00 AM to 6:00 PM, October through May. No construction activity shall occur on Sundays or nationally recognized holidays. General condition required during grading and construction activities ApplicanU Applicant's Contractor Community Development, Engineering and Building and Safety Departments Review of Grading and Building Plans for compliance Noise (Section Xlll) NOI-2: Short-Term Construction Noise lmpacts. Prior to Grading Permit issuance, the project applicant shall demonstrate, to the satisfaction of the City of Menifee City Engineer that the project plan specifications comply with the following: 1. During all project site excavation and grading on-site, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained muffl ers, consistent with manufacturer standards.2. The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site.3. Equipment shall be shut off and not left to idle when not in use.4. The contractor shall locate equipment staging in areas that would create the greatest distance between construction-related noise sources and sensitive receptors nearest the project site during all project construction as is feasible.5. The project proponent shall mandate that the construction contractor prohibit the use of music or sound amplification on the project site during construction.6. The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment.7. During construction, the contractor shall ensure all construction equipment is equipped with appropriate noise attenuating devices and equipment shall be maintained so that vehicles and their loads are secured from rattling and banging. ldling equipment shall be turned off when not in use. Prior to Grading permit issuance ApplicanU Applicant's Contractor Public Works and Engineering Department Noise (Section Xlll) NOI- 3: Construction Monitoring. A noise monitoring program shall be implemented during construction. The monitoring program will alert construction management personnel when noise levels approach the upper limits of the residential noise threshold (80 dBA) at the surroundinq residential property line. Construction during grading and construction activities ApplicanV Applicant's Contractor Public Works/Engineeri ng and Building Departments Submittal, review and approval of a noise monitoring program consistent with Page 5 of 7 Review of Grading and Building Plans for compliance lmpact Category Mitigation Measure !mplementation Timing Responsible for lmplementing Mitisation Responsible for Monitoring lmplementation Method of Reporting/ Monitoring activity will cease prior to noise levels exceeding the residential threshold. this measure Noise (Section Xlll) NOl4: Sound Walls. A Minimum 6-foot high sound walls are required around all habitable exterior backyard and sideyard areas for all lots along Evans Road, Mclaughlin Road, and Barnett Road, as well as for all lots nearest Rouse Road. Prior to occupancy of each lot ApplicanU Applicant's Contractor Community Development Department lnstallation of sound walls consistent with this measure Noise (Section Xlll) NOI-5: Required Design Elements. The following design elements are required to meet noise standards: a A "windows closed" condition is required to meet interior noise standards for all homes. a Upgraded windows and sliding glass doors are required on all homes facing Evans Road, McLaughlin Road, Sun City Boulevard (Barnett Road), and Rouse Road. o Attic and roof vents that directly face Evans Road, McLaughlin Road, Sun City Boulevard (Bamett Road), and Rouse Road, if applicable, should include an acoustical baffies to prevent vehicle noise intrusion. The contractor may install similar measures to provide noise reduction. a For proper acoustical performance, all exterior windows, doors, and sliding glass doors must have a positive seal and leaks/cracks must be kept to a minimum. Prior to Building Permit lssuance ApplicanUAppl icant's Contractor Building and Safety and Community Development Departments Submittal, review and approval of building plans consistent with this measure Transportation (Section XVll) TR-1: lnt 9 - I-215 SB Ramp / Ethanac Road: the project applicant shall make a fair share contribution to implement the following: a) Widen the eastbound Ethanac Road approach from one thru lane and one right turn lane to consist of two thru lanes and one right-turn. Prior to issuance of certificate of occupancy ApplicanU Applicant's Contractor Engineering/ Public Works Department Applicant shall submit fair share contribution at the direction of the Engineering Department and consistent with the conditions of approval Transportation (Section XVll) TR-2: Seqment 1 - Ethanac Road west of Barnett Road: This study roadway segment is currently operating deficient under Existing Conditions. To achieve acceptable LOS (LOS D or better) for the analysis scenarios evaluated as part of this repo(, widening of the roadway segment would be required from a two-lane Collector to a four-lane Major roadway (this roadway segment has recentlv been uDqraded to four lanes). Prior to building permit issuance and prior to issuance of certificate of occupancy ApplicanU Applicant's Contractor Engineering/ Public Works Department Street lmprovement plans shall be reviewed and approved prior to building permit issuance and Page 6 of 7 lmpact Category Mitigation Measure !mplementation Timing Responsible for lmplementing Mitigation Responsible for Monitoring lmplementation Method of Reporting/ Monitoring improvements installed prior to certificate of occuDancv Transportation (Section XVll) TR-3: Seqment 5 - Ethanac Road east of l-215 Northbound Ramp: This study roadway segment is cunently operating deficient under Existing Conditions. To achieve acceptable LOS (LOS D or better) for the analysis scenarios evaluated as part of this report, widening of the roadway segment would be required from a two- lane Collector to a four-lane Major roadway. Prior to building permit issuance and prior to issuance of certificate of occupancy ApplicanU Applicant's Contractor Engineering/ Public Works Department Street lmprovement plans shall be reviewed and approved prior to building permit issuance and improvements installed prior to certificate of occuDancv Page 7 of 7 STATE OF CALTFORNTA ) COUNTY OF RIVERSIDE ) ss crTY oF MENTFEE ) l, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the foregoing Planning Commission Resolution No. PC20-485 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 26 day of February 2020 by the following vote: Ayes: Diederich, Karuvin, Phillips, Thomas, MadridNoes: NoneAbsent: NoneAbstain: None ie Roseen, CMC Deputy City Clerk MEN IFEE I O6 I\