20-883RESOLUTION NO. 20-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION
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 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 January 31, 2020 and February 19, 2020, the twenty-(20)-
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, at the February 26, 2020 Planning Commission public hearing,
based upon the materials in the staff report and accompanying documents, the City of
Menifee Planning Commission recommended that the City Council adopt a Mitigated
Negative Declaration; and
WHEREAS, on April 15, 2020, the City Council 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, signage posting at the subject property, 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
DocuSign Envelope ID: 3FE9A6D3-50E1-45C1-BF86-76D97E2F54AC
883
Page 2 of 2
IS/MND for TR 2018-065
Date: April 15, 2020
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 City Council of the City of Menifee resolves as follows:
1. That the City Council determine on the basis of the evidence presented and the
whole record before it, including the Initial 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.
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 at 29844 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 15th day of April 2020,
_________________________
Bill Zimmerman, Mayor
Attest:
_______________________________
Sarah A. Manwaring, City Clerk
Approved as to form:
______________________________
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: 3FE9A6D3-50E1-45C1-BF86-76D97E2F54AC
Page 1 of 7
EXHIBIT “1”
Tentative Tract Map No. 2018-065 (Tentative Tract Map No. 37400)
Mitigation Monitoring Plan
Impact Category Mitigation Measure Implementation
Timing
Responsible
for
Implementing
Mitigation
Responsible for
Monitoring
Implementation
Method of
Reporting/
Monitoring
Biological
Resources
(Section IV)
BIO–1: Burrowing Owl. Pursuant to Objective 6 and Objective 7
of the Species Account for the Burrowing Owl included in the
Western 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 City
of Menifee Community Development Department. As long as
there are fewer than 3 pairs of burrowing 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. If 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. If
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. If nesting
birds are detected, the City, County, and Wildlife Agencies shall
be contacted to discuss the potential impact minimization
measures to be implemented.
If construction and/or disturbance of the site is suspended for a
period of days (30) days or more, a new survey shall be required.
If the 30-day pre-construction burrowing owl survey finds
burrowing owls on the site, the project biologist shall notify 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
California 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
Applicant/
Applicant’s
Contractor
Community
Development
Department
Preparation and
approval of a 30-
day
preconstruction
Burrowing Owl
survey
Biological
Resources
(Section IV)
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 prior to
grading.
Applicant/
Applicant’s
Contractor
Community
Development
Department
Preparation and
approval of a
nesting bird
preconstruction
DocuSign Envelope ID: 3FE9A6D3-50E1-45C1-BF86-76D97E2F54AC
Page 2 of 7
Impact Category Mitigation Measure Implementation
Timing
Responsible
for
Implementing
Mitigation
Responsible for
Monitoring
Implementation
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. 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.
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 verifying 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 IV)
BIO-3: Landscaping. Project-related landscaping shall not include
exotic plan species that may be invasive to native habitats.
Invasive exotic plant species not to be used include those listed on
the California Invasive Plant Council’s Invasive Plant Inventory 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
Applicant/
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 IV)
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
Applicant/
Applicant’s
Contractor
Public
Works/Engineeri
ng Department
Submittal, review
and approval of
Best
Management
Practices ad a
SWPPP
consistent with
DocuSign Envelope ID: 3FE9A6D3-50E1-45C1-BF86-76D97E2F54AC
Page 3 of 7
Impact Category Mitigation Measure Implementation
Timing
Responsible
for
Implementing
Mitigation
Responsible for
Monitoring
Implementation
Method of
Reporting/
Monitoring
this measure
Geology
(Section VII)
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 project paleontologist in a Paleontological
Resource Impact Mitigation Program (PRIMP). This PRIMP shall
be submitted to the Community Development Department for
review and approval prior to issuance of a Grading Permit.
Information 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 will
be 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. If 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. If 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
Applicant/
Applicant’s
Qualified
Paleontologist
Community
Development
Department
Executed
contract with a
qualified
Paleontological
Monitor and
Preparation and
approval of a
PRIMP
DocuSign Envelope ID: 3FE9A6D3-50E1-45C1-BF86-76D97E2F54AC
Page 4 of 7
Impact Category Mitigation Measure Implementation
Timing
Responsible
for
Implementing
Mitigation
Responsible for
Monitoring
Implementation
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.
v. If 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.
vi. 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 corresponding geologic and
geographic site data will be archived (specimen and site
numbers and corresponding 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.
vii. 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
along with a copy of this condition, deposit-based fee and the
DocuSign Envelope ID: 3FE9A6D3-50E1-45C1-BF86-76D97E2F54AC
Page 5 of 7
Impact Category Mitigation Measure Implementation
Timing
Responsible
for
Implementing
Mitigation
Responsible for
Monitoring
Implementation
Method of
Reporting/
Monitoring
grading plan for appropriate case processing and tracking.
Noise
(Section XIII)
NOI-1: 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
Applicant/
Applicant’s
Contractor
Community
Development,
Engineering and
Building and
Safety
Departments
Review of
Grading and
Building Plans for
compliance
Noise
(Section XIII)
NOI-2: Short-Term Construction Noise Impacts. 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 mufflers, 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.
Idling equipment shall be turned off when not in use.
Prior to Grading
permit issuance
Applicant/
Applicant’s
Contractor
Public Works
and Engineering
Department
Review of
Grading and
Building Plans
for compliance
Noise
(Section XIII)
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 surrounding residential property line. Construction
during grading
and construction
activities
Applicant/
Applicant’s
Contractor
Public
Works/Engineeri
ng and Building
Departments
Submittal, review
and approval of a
noise monitoring
program
consistent with
DocuSign Envelope ID: 3FE9A6D3-50E1-45C1-BF86-76D97E2F54AC
Page 6 of 7
Impact Category Mitigation Measure Implementation
Timing
Responsible
for
Implementing
Mitigation
Responsible for
Monitoring
Implementation
Method of
Reporting/
Monitoring
activity will cease prior to noise levels exceeding the residential
threshold.
this measure
Noise
(Section XIII)
NOI-4: 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
Applicant/
Applicant’s
Contractor
Community
Development
Department
Installation of
sound walls
consistent with
this measure
Noise
(Section XIII)
NOI-5: Required Design Elements. The following design elements
are required to meet noise standards:
A “windows closed” condition is required to meet interior
noise standards for all homes.
Upgraded windows and sliding glass doors are required
on all homes facing Evans Road, McLaughlin Road, Sun
City Boulevard (Barnett Road), and Rouse Road.
Attic and roof vents that directly face Evans Road,
McLaughlin Road, Sun City Boulevard (Barnett Road),
and Rouse Road, if applicable, should include an
acoustical baffles to prevent vehicle noise intrusion. The
contractor may install similar measures to provide noise
reduction.
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 Issuance
Applicant/Appl
icant’s
Contractor
Building and
Safety and
Community
Development
Departments
Submittal,
review and
approval of
building plans
consistent with
this measure
Transportation
(Section XVII)
TR-1: Int 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
Applicant/
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 XVII)
TR-2: Segment 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 report, widening
of the roadway segment would be required from a two-lane
Collector to a four-lane Major roadway (this roadway segment has
recently been upgraded to four lanes).
Prior to building
permit issuance
and prior to
issuance of
certificate of
occupancy
Applicant/
Applicant’s
Contractor
Engineering/
Public Works
Department
Street
Improvement
plans shall be
reviewed and
approved prior to
building permit
issuance and
DocuSign Envelope ID: 3FE9A6D3-50E1-45C1-BF86-76D97E2F54AC
Page 7 of 7
Impact Category Mitigation Measure Implementation
Timing
Responsible
for
Implementing
Mitigation
Responsible for
Monitoring
Implementation
Method of
Reporting/
Monitoring
improvements
installed prior to
certificate of
occupancy
Transportation
(Section XVII)
TR-3: Segment 5 – Ethanac Road east of I-215 Northbound
Ramp: 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 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
Applicant/
Applicant’s
Contractor
Engineering/
Public Works
Department
Street
Improvement
plans shall be
reviewed and
approved prior to
building permit
issuance and
improvements
installed prior to
certificate of
occupancy
DocuSign Envelope ID: 3FE9A6D3-50E1-45C1-BF86-76D97E2F54AC
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing
Resolution No. 20- was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the 15th day of April 2020 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_______________________________
Sarah A. Manwaring, City Clerk
DocuSign Envelope ID: 3FE9A6D3-50E1-45C1-BF86-76D97E2F54AC
None
None
August, Deines, Liesemeyer, Sobek, Zimmerman
883
None