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PC20-514RESOLUTION NO. PC 20-_____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE “JPN HAUN & HOLLAND SUBDIVISION” TO SUBDIVIDE 37.06 ACRES INTO SIX PARCELS FOR COMMERCAL/RETAIL AND AUTO RELATED USES LOCATED AT THE NORTHEAST CORNER OF HAUN AND HOLLAND ROADS AND WEST OF INTERSTATE 215 (APN: 360-130-003). WHEREAS, on August 11, 2016, the applicant, JPN Investments, filed a formal application with the City of Menifee for the approval of Tentative Parcel Map (TPM) 2016- 185 (PM 37121) a subdivision of 37.06 gross acres into six (6) commercial parcels ranging in size from 5.10 to 7.76 gross acres (collectively, the “Project”); and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), an Initial Study (“IS”) and Mitigated Negative Declaration (“MND”) have been prepared to analyze and mitigate the Project's potentially significant environmental impacts; and WHEREAS, between May 19, 2020 and June 18, 2020, the public review period for the Draft IS/MND took effect, which was publicly noticed by a publication in a newspaper of general circulation, notice to owners and occupants within 700 feet of the Project site boundaries, notice to related agencies and government agencies, and persons requesting public notice; and WHEREAS, no comments on the Draft IS/MND have been received during the public review period; and, WHEREAS, on June 24, 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 Parcel Map (TPM) 2016- 185 (PM 37121), 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 CEQA, the CEQA Guidelines, and represents the independent judgment of the City; 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 IS/MND which would require re-circulation; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Menifee resolves as follows: Section 1: With regard to the Initial Study/Mitigated Negative Declaration, the Planning Commission finds: 1. On the basis of the evidence presented and the whole record before it, including the IS/MND, and any comments received, that there is no substantial evidence that the Project, as mitigated, will have a significant effect on the environment. DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738 514 JPN Subdivision IS/MND June 24, 2020 2. The Mitigation Monitoring Plan (“MMP”), a copy of which is attached hereto as Exhibit “1” and incorporated herein by reference, will assure compliance with the mitigation measures required by the IS/MND during Project implementation and would avoid or mitigate the potential effects of the Project to a point where no significant effect on the environment would occur. 3. The adoption of the IS/MND reflects the Planning Commission’s independent judgment and analysis. 4. The MND, all documents referenced in the IS/MND, and the record of proceedings on which the Planning Commission’s decision is based are located at City of Menifee City Hall at 29844 Haun Road, Menifee, CA 92586 and the custodian of record of proceedings is the City of Menifee City Clerk. Section 2: The City of Menifee Planning Commission hereby adopts the Mitigated Negative Declaration for the Project, subject to the MMP, which is attached hereto as Exhibit “1” and incorporated herein. PASSED, APPROVED AND ADOPTED this the 24th day of June, 2020 _______________________ Randy Madrid, Chair Attest: ___________________________ Stephanie Roseen, Deputy City Clerk Approved as to form: ______________________________ Thai Phan, Assistant City Attorney DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738 Haun and Holland Mixed Use Center Initial Study/Mitigated Negative Declaration Case No. 2016-185, TPM37121 Mitigation Monitoring and Reporting Program Page 226 Mitigation, Monitoring, and Reporting Program This document is the Mitigation Monitoring and Reporting Program (MMRP) for the Project (Case No. 2016-185, TPM37121). This MMRP has been prepared pursuant to California Public Resources Code Section 21081.6, which requires public agencies to “adopt a reporting and monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.” An MMRP is required for the proposed Project because the Initial Study/Mitigated Negative Declaration (IS/MND) has identified significant adverse impacts, and measures have been identified to mitigate those impacts as reflected below. Mitigation Measure Timing Monitoring Responsibility Verification (Date and Initials) Air Quality MM AQ-1: Provide information to tenants encouraging trip reduction strategies such as ride share, carpool, public transit, etc. The applicant shall submit documentation to the City prior to occupancy. Prior to occupancy City of Menifee MM AQ-2: Any facilities that include heavy-duty trucks shall post signs informing users of requirements limiting idling to five minutes or less pursuant to Title 13 of the California Code of Regulations, Section 2485. The City shall verify signage has been installed prior to occupancy. Prior to occupancy City of Menifee MM AQ-3: High efficiency lighting shall be installed at the Project site. Building plans shall identify high efficiency lighting and shall be verified prior to occupancy. Prior to occupancy City of Menifee MM AQ-4: As part of the land use application for any gasoline dispensing facility, a health risk assessment (HRA) shall be prepared in accordance with SCAQMD Rule 1401 and submitted to the City of Menifee Community Development Director prior to future discretionary development approval. The HRA shall be prepared in accordance with SCAQMD Rule 1401. If the HRA identifies health risk in excess of applicable SCAQMD thresholds, mitigation measures shall be incorporated to reduce impacts to the extent feasible. Prior to approval City of Menifee Community Development Director Biological Resources MM BIO-1: Nesting Bird Survey. Prior to issuance of a grading permit, for any construction to take place between February 1st Prior to issuance of a grading permit Qualified Biologist DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738 Haun and Holland Mixed Use Center Initial Study/Mitigated Negative Declaration Case No. 2016-185, TPM37121 Mitigation Monitoring and Reporting Program Page 227 Mitigation Measure Timing Monitoring Responsibility Verification (Date and Initials) and September 15th, a qualified biologist shall be retained and required to conduct a nesting bird survey(s) no more than three (3) days prior to initiation of grading to document the presence or absence of nesting birds within or directly adjacent (within 100 feet) to the Project Site. Construction beginning outside the nesting season (between September 16th and January 31st) does not require pre-removal nesting bird surveys. A report of the findings prepared by a qualified biologist shall be submitted to the City of Menifee for review and approval prior to construction that has the potential to disturb any active nests during the nesting season. Any nest permanently vacated for the season would not warrant protection pursuant to the MBTA. The nesting bird survey(s) shall focus on identifying any passerine or raptor nests that would be directly or indirectly affected by construction activities. If active nests are documented, species-specific measures shall be prepared by a qualified biologist and implemented to prevent abandonment of the active nest. A minimum exclusion buffer of 100 feet shall be maintained during construction until the young have fledged, depending on the species and location. The perimeter of the nest setback zone shall be fenced or adequately demarcated with stakes and flagging at 20-foot intervals, and construction personnel and activities restricted from the area. A survey report by a qualified biologist verifying that no active nests are present, or that the young have fledged, shall be submitted to the City of Menifee for review and approval 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. MM BIO-2: Preconstruction Burrowing Owl Survey. Prior to issuance of a grading permit, a preconstruction survey shall be conducted by a qualified biologist no more than 30 days prior to the initiation of construction to ensure protection for the burrowing owl and compliance with the conservation goals outlined in the MSHCP. The survey will be conducted in Prior to issuance of a grading permit City of Menifee DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738 Haun and Holland Mixed Use Center Initial Study/Mitigated Negative Declaration Case No. 2016-185, TPM37121 Mitigation Monitoring and Reporting Program Page 228 Mitigation Measure Timing Monitoring Responsibility Verification (Date and Initials) compliance with both MSHCP and CDFW guidelines. A report of the findings prepared by a qualified biologist shall be submitted to the City of Menifee for review and approval prior to any permit or construction activities. If burrowing owls are detected onsite during the 30-day preconstruction survey, and if it also occurs during the breeding season (February 1st to August 31st), then construction activities shall be limited to no more than 300 feet from active burrows until a qualified biologist has confirmed that nesting efforts are completed or not initiated. In addition to monitoring breeding activity, if construction is proposed to be initiated during the breeding season or active relocation is proposed, a burrowing owl mitigation plan will be developed based on CDFW and USFWS requirements for the relocation of individuals to the Lake Mathews Preserve, or as determined by the above-noted wildlife agencies. MM BIO-3: Regulatory Permits. Prior to issuance of a grading permit, implementing project shall obtain and provide to the City, authorizations for impacts to jurisdictional areas regulated by U.S. Army Corps of Engineers (Sections 401 of Clean Water Act), Regional Water Quality Control Board (Section 404 of the Clean Water Act), and California Department of Fish and Wildlife (Section 1600 of California Fish and Game Code). Permits shall include measures to replace any vegetation removed during construction that is affiliated with the jurisdictional area. If these regulatory agencies determine that a permit is not needed, evidence of that finding shall also be provided to the City. Prior to issuance of a grading permit U.S. Army Corps of Engineers MM BIO-4: DBESP. Prior to issuance of a grading permit, any implementing projects requiring improvements that include storm drain connections to the Caltrans Ditch, shall prepare a Determination of Biologically Equivalent or Superior Preservation (DBESP) report to determine the jurisdictional limits of the ditch as well as required mitigation for impacts to jurisdictional areas regulated by U.S. Army Corps of Engineers (Sections 401 of Clean Water Act), Regional Water Quality Control Board (Section 404 of the Clean Water Act), and Prior to issuance of a grading permit DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738 Haun and Holland Mixed Use Center Initial Study/Mitigated Negative Declaration Case No. 2016-185, TPM37121 Mitigation Monitoring and Reporting Program Page 229 Mitigation Measure Timing Monitoring Responsibility Verification (Date and Initials) California Department of Fish and Wildlife (Section 1600 of California Fish and Game Code). Energy MM AQ 1 through MM AQ 3 above. Greenhouse Gas Emissions MM AQ 1 through MM AQ 3 above. Noise MM NOI-1: Prior to the start of construction activities, the Project contractor shall select construction equipment capable of performing the necessary tasks with the lowest sound level and the lowest acoustic height possible. The following measures shall be incorporated to reduce construction impacts to the extent feasible: • Operate diesel equipment with closed engine doors and equip diesel equipment with factor-recommended mufflers. • For stationary equipment, designate equipment areas with appropriate acoustic shielding on building and grading plans. Equipment and shielding should be installed prior to construction and remain in designated location throughout construction activities. • Use electrical power to run air compressors and similar power tools rather than diesel equipment. • Require contractors, as a condition of contract, to maintain and tune-up construction equipment to minimize construction noise emissions. • Temporary sound barriers that break the line of sight (at least six feet tall) should be erected along the perimeter of the project site between active on-site construction work using heavy equipment and adjacent sensitive receptors (residences). Such barriers should be of sufficient height to break the line-of-sight between noise-generating equipment and the noise-sensitive receptor and should be Prior to the start of construction activities Project contractor DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738 Haun and Holland Mixed Use Center Initial Study/Mitigated Negative Declaration Case No. 2016-185, TPM37121 Mitigation Monitoring and Reporting Program Page 230 Mitigation Measure Timing Monitoring Responsibility Verification (Date and Initials) continuous with no gaps or holes between panels or the ground. Temporary sound barriers may include noise curtains, sound blankets, or solid temporary barriers with a Sound Transmission Class (STC) rating of at least 20 or greater based on sound transmission loss data taken according to ASTM Test Method E90. If an STC-rated product is not available or not feasible for use, a product with a similar industry-standard specification, or a product that would achieve a similar insertion loss based on a manufacturer or supplier recommendation, would be an acceptable substitute. A 15 dBA reduction barrier is feasible through the implementation of such construction barriers, which should be installed at the project site prior to beginning construction activities and stay in place for the entire duration of the construction period. MM NOI-2: Prior to the start of construction activities, the Project contractor shall implement alternatives to the standard backup beepers as feasible, including strobe lights or products with a lower noise level. Prior to the start of construction activities Project contractor MM NOI-3: Prior to the start of construction activities, the Project contractor shall place the laydown area as far as possible from the closest sensitive noise receptor. Prior to the start of construction activities Project contractor MM NOI-4: Prior to issuance of building permit, implementing projects shall provide an acoustical impact analysis for the individual uses proposed by the implementing project to confirm the exterior findings, determine building- and/or unit-specific interior noise levels, and potential mitigation measures including but not limited to minimum STC window ratings required, to ensure implementing project does not exceed noise levels established by the Noise and Vibration Analysis Report prepared by DBF dated April 17, 2019. Prior to issuance of building permit DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738 Haun and Holland Mixed Use Center Initial Study/Mitigated Negative Declaration Case No. 2016-185, TPM37121 Mitigation Monitoring and Reporting Program Page 231 Mitigation Measure Timing Monitoring Responsibility Verification (Date and Initials) Transportation MM TRANS-1: The Project applicant shall pay a fair share contribution for the following roadway segment improvements, listed by roadway segment number: 1. Bradley Road – Park Avenue to Newport Road – Fair Share Contribution 4. Haun Road – Newport Road to La Piedra Road – Fair Share Contribution ▪ Restripe eastbound one right turn lane. 5. Haun Road – La Piedra Road to Holland Road – Fair Share Contribution ▪ Construction of one additional northbound through lane. 6. Haun Road – Holland Road to Scott Road – Fair Share Contribution ▪ Construction of one additional northbound through lane and one additional southbound through lane and install a raised median. 8. Newport Road – Bradley Road to Haun Road – Fair Share Contribution ▪ Restripe of the eastbound approach to accommodate one additional eastbound through lane from the Paloma Wash frontage to the I-215 Southbound On-Ramp. 17. Holland Road – Haun Road to Hanover Lane – Fair Share Contribution ▪ Construction of Overpass. MM TRANS-2: The Project applicant shall pay a fair share contribution for the following intersection improvements as shown in bold: ▪ Intersection of Antelope Road and Newport Road (#6) – Fair Share Contribution Northbound: Two left-turn lanes. One through lane. One right-turn lane. Prior to occupancy DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738 Haun and Holland Mixed Use Center Initial Study/Mitigated Negative Declaration Case No. 2016-185, TPM37121 Mitigation Monitoring and Reporting Program Page 232 Mitigation Measure Timing Monitoring Responsibility Verification (Date and Initials) Southbound: Two left-turn lanes. One through lane. One shared through and right-turn lane. One right-turn lane. Eastbound: Two left-turn lanes. Three through lanes. Restripe one right-turn lane. Westbound: Two left-turn lanes. Two through lanes. One shared through and right-turn lane. ▪ Intersection of Menifee Road and Newport Road (#7) – Fair Share Contribution Northbound: Two left-turn lanes. Two through lanes. One right-turn lane. Southbound: One left-turn lane. Two through lanes. Install one right-turn overlap. Eastbound: One left-turn lane. Two through lanes. One through and right-turn lane. Westbound: One left-turn lane. Three through lanes. One right-turn lane. ▪ Intersection of Bradley Road and Holland Road (#9) – Fair Share Contribution 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: Restripe to provide one left-turn lane. One through lane. One right-turn lane. Westbound: One left-turn lane. One through lane. One right-turn lane. ▪ Installation of a traffic signal at the intersection of Sherman Road and Holland Road (#11) – Project Responsibility 1 Northbound: Construct one left-turn lane. One shared through and right-turn lane. Southbound: Construct one left-turn lane. One shared through and right-turn lane. Eastbound: Restripe to provide one left-turn lane. One through lane. One right-turn lane. DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738 Haun and Holland Mixed Use Center Initial Study/Mitigated Negative Declaration Case No. 2016-185, TPM37121 Mitigation Monitoring and Reporting Program Page 233 Mitigation Measure Timing Monitoring Responsibility Verification (Date and Initials) Westbound: Restripe to provide one left-turn lane. One through lane. One right-turn lane. Note 1: The project is responsible for payment of 100 percent of the improvements at the intersection of Sherman Road and Holland Road. ▪ Intersection of Haun Road and Holland Road (#15) – Fair Share Contribution2 Northbound: One left-turn lane. One through lane. One shared through and right-turn lane. Southbound: One left-turn lane. Two through lanes. One right-turn lane with overlap. Eastbound: One left-turn lane. One through lane. One right-turn lane. Westbound: One left-turn lane. One through lane. One shared through and right-turn lane. Note 2: The project is responsible for payment of 100 percent of the improvements at the intersection of Haun Road and Holland Road. ▪ Installation of a traffic signal at the intersection of Antelope Road and Albion Lane (#22) – Fair Share Contribution Northbound: One through lane. One shared through and right-turn lane. Southbound: One left-turn lane. One through lane. Eastbound: Not applicable. Westbound: One left-turn lane. One right-turn lane. ▪ Installation of a traffic signal at the intersection of Palomar Road and Holland Road (#24) – Fair Share Contribution Northbound: One shared left-through and right-turn lane. Southbound: One shared left-through and right-turn lane. Eastbound: Construct one left-turn lane. One shared through and right-turn lane. DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738 Haun and Holland Mixed Use Center Initial Study/Mitigated Negative Declaration Case No. 2016-185, TPM37121 Mitigation Monitoring and Reporting Program Page 234 Mitigation Measure Timing Monitoring Responsibility Verification (Date and Initials) Westbound: Construct one left-turn lane. One shared through and right-turn lane. MM TRANS-3: Implementing projects shall be required to provide a traffic study or technical traffic memorandum to the City for review and approval demonstrating that implementing project traffic levels are consistent with the assumptions in the Traffic Impact Analysis prepared by Albert A. Webb Associates dated March 2020. Future implementing projects shall submit as part of entitlement process City of Menifee Utilities and Service Systems Mitigation Measures MM BIO-3 and MM BIO-4 See above See above DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the foregoing Planning Commission Resolution No. PC20- was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 24 day of June 2020 by the following vote: Ayes: Noes: Absent: Abstain: _______________________________ Stephanie Roseen, CMC Deputy City Clerk DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738 None None Karwin, Phillips, Thomas, Diederdich, Madrid None 514