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PC24-626RESOLUTION NO. PC 24-626 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION FOR DEV2023-002 — DI CAPRI RESIDENTIAL LOCATED AT THE SOUTHWEST CORNER OF CHAMBERS AVENUE AND MURRIETA ROAD (APN 335-080-008) WHEREAS, on February 7, 2023, the applicant, Menifee Fellowship 2022, LLC, filed a formal application with the City of Menifee for Tentative Parcel Map (TPM) No. 38674 (PLN23-0025) and Plot Plan (PP) No. PLN23-0026, collectively known as DEV2023-002 — Di Capri Residential, to subdivide an existing 7.65-net acre vacant lot into three parcels for condominium purposes for the development of 61 single-family units on the southwest corner of Chambers Avenue and Murrieta 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 the project's potentially significant environmental impacts; and WHEREAS, between February 11, 2024 and March 1, 2024, the 20-day 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 within 300 feet of the Project site boundaries, related agencies and government agencies; and WHEREAS on March 13, 2024, 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 the adoption of the IS/MND for DEV2023-002 — Di Capri Residential, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, notice to property owners within 300 feet of the Project boundaries, on -site posting at the project site, 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Menifee makes the following Findings: Section 1: The Planning Commission finds on the basis of the evidence presented and the whole record before it, including the IS/MND, which is on file with the City Clerk, and any comments received, that there is no substantial evidence that the Project, as mitigated, will have a significant effect on the environment. Section 2: The Mitigation Monitoring and Reporting Plan (MMRP) and a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference, will assure compliance with the mitigation measures during project implementation. Di Capri Residential — IS/MND March 13, 2024 Section 3: The Planning Commission further finds that the adoption of the MND reflects the Planning Commission's independent judgment and analysis. Section 4: The MND, all documents referenced in the 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 5: The City of Menifee Planning Commission adopts an MND for the project including, but not limited to the MMRP, as attached to the MND. PASSED, APPROVED AND ADOPTED this the 13th day of March 2024. e aDue, Chairman Attest: 0 1 0 1 A) chel Valencia, Administrative Assistant Approved as to form: Thai Phan, Assistant City Attorney MMRP_Di Capri Mitigation Monitoring and Reporting Program Project: DEV2023-002 Di Capri Residential TPM No. PLN23-0025 iTPM38674j and PP No. PLN23-0026 Date: February 7. 2024 Impact Category/ Mitigation Measures Implementation Responsible Timing i Monitoring Party MM-BIO-1: Nesting Bird Survey. If grading or site disturbance including No more than 10 demolition of existing structures is to occur during the nesting season I days prior to the (February 15 — August 31), a nesting bird survey (including raptors) shall be conducted within ten (10) days prior to grading permit issuance or any site clearing or demolition This survey shall be conducted by a qualified biologist holding a Memorandum of Understanding (MOU) with Riverside County If active bird nests are found, avoidance buffers of 1,000 feet for large birds of prey, 500 feet for small birds of prey, and 250 feet for songbirds, decided by CDFW on a case -by -case basis, shall be established and observed. The biologist shall prepare a final letter report that shall be submitted to the City of Menifee Community Development Department for review and approval. MM-BIO-2: Burrowing Owl Survey. A pre -construction survey for burrowing owl (BUOW) shall be conducted no more than 30 days prior to commencement of Project -related ground disturbance to verify that BUOW remain absent from the Project area. If active nests are identified on an implementing Project site during the pre - construction survey, the nests shall be avoided, or the owls actively or passively relocated. To adequately avoid active nests, no grading or heavy equipment activity shall take place within at least 250 feet of an active nest during the breeding season (February 1 through August 31), and 160 feet during the non- breeding season. If burrowing owls occupy any implementing Project site and cannot be avoided, active or passive relocation shall be used to exclude owls from their burrows, as agreed to by the City Planning Department and the CDFW. Relocation shall be conducted outside the breeding season or once the young are able to leave the nest and fly. Passive relocation is the exclusion of owls from their burrows (outside the breeding season or once the young are able to leave the nest and fly) by installing one-way doors in burrow entrances. These one-way doors allow the owl to exit the burrow, but not enter it. These doors shall be left in place 48 hours to ensure owls have left the burrow. Artificial burrows shall be provided nearby. The implementing Project area shall be monitored daily for one week to confirm owl use of burrows before excavating burrows in the impact area. Burrows shall be excavated using hand tools and refilled to prevent reoccupation. Sections of flexible nine shall start of any ground disturbance (if work is being done from 2/15 to 8/31) No more than 30 days prior to the start of any ground disturbance City Planning Department City Planning Department Monitoring/ Compliance Reporting Verification Method Written proof o survey prior to issuance of a grading permit Written proof of survey prior to issuance of a grading permit Mitigation Monitoring and Reporting Plan 1 City of Menifee — Di Capri Project Impact Category/ Implementation Responsible Monitoring/ Compliance Monito Mitigation Measures Timing Monitoring Party Reporting Verification Method _ be inserted into the tunnels during excavation to maintain an escape route for any animals inside the burrow. The CDFW shall be consulted prior to any active relocation to determine acceptable receiving sites available where this species has a greater chance of successful long-term relocation. If avoidance is infeasible, then a DBESP would be required, including associated relocation of burrowing owls. If conservation is not required, then owl relocation would still be required following accepted protocols. Take of active nests would be avoided, so it is strongly recommended that any relocation occur outside of the nesting season. MM-NOI-1 Reduce Potential Project Construction Noise Levels. To Prior to ground City reduce potential noise levels from Project construction activities, the Applicant disturbing Engineering/Planning shall: activities /Building Department 1) Notify Residential Land Uses of Planned Construction Activities. This notice shall be provided at least two (2) weeks prior to the start of any construction activities, describe the noise control measures to be implemented by the Project, and include the name and phone number of the designated contact for the Applicant/Project representative and the City of Menifee responsible for handling construction -related noise complaints (per action #5 below). This notice shall be provided to the owner/occupants of residential dwelling units that border the Project site to the west and north of the Project site (i e., along Chambers Avenue and Connie Lane) 2) Restrict Work Hours: All construction -related work activities, including material deliveries, shall be subject to the requirements of City Municipal Code Section 8.01.010. Construction activities, including deliveries, shall occur only during the hours of 6:30 AM to 7:00 PM Monday to Saturday and shall not occur at any time on Sundays and holidays. The Applicant/Project representative and/or its contractor shall post a sign at all entrances to the construction site informing contractors, subcontractors, other workers, etc. of this requirement. 3) Construction Equipment Selection, Use, and Noise Control Measures: The following measures shall apply to construction equipment used at the Project site: a Contractors shall use the smallest size equipment capable of safely completing work activities. b. Construction staging shall occur as far away from residential land uses as possible given site and active work constraints. Written proof of wall installation prior to permit issuance Mitigation Monitoring and Reporting Plan 2 City of Menifee — Di Capri Project Impact Category/ Mitigation Measures C. Electric hook-ups shall be provided for stationary equipment (e.g., pumps, compressors, welding sets) This measure shall be subject to the approval of the local electric utility. If electric service is denied, the Applicant shall ensure actions 3a, 3b, and 3d are implemented. d. All stationary noise generating equipment shall be shielded and located as far as possible from residential land uses given site and active work constraints. Shielding may consist of a three -or four-sided enclosure provided the structure/enclosure breaks the line of sight between the equipment and the receptor and provides for proper ventilation and equipment operation. e. Heavy equipment engines shall be equipped with standard noise suppression devices such as mufflers, engine covers, and engine/mechanical isolators, mounts, and be maintained in accordance with manufacturer's recommendations during active construction activities. f. Pneumatic tools shall include a suppression device on the compressed air exhaust. g. No radios or other amplified sound devices shall be audible beyond the property line of the construction site. 4) Install Construction Noise Barrier: The following measures shall apply to Project construction activities: a. Site Preparation, Grading, and Foundation/Building Construction Work: During all site preparation, grading, and structural work activities, a physical noise barrier shall be installed and maintained along the western site perimeter of the Project site to the maximum extent feasible given site constraints and access requirements The noise barrier shall extend to a height of six (6) feet above grade. Potential barrier options capable of reducing construction noise levels could include, but are not limited to: i. A plywood or other barrier installed at -grade (or mounted to structures located at -grade, such as a K-Rail), and consisting of a solid material (i.e., free of openings or gaps other than weep holes) that has a minimum rated transmission loss value of 20 dB. ii. Commercially available acoustic panels or other products such as acoustic barrier blankets that have a minimum sound transmission class (STC) or transmission loss value of 20 dB. iii. Any combination of noise barriers and commercial products capable of achieving required construction noise reductions during site preparation, grading, and structural work activities Mitigation Monitoring and Reporting Plan Implementation Responsible Timing Monitoring Party Monitoring/ Compliance Reporting Verification Method City of Menifee — Di Capri Project Impact Category/ Mitigation Measures iv. The noise barrier may be removed following the completit structural work on the Project's eight (8) western -most units (i.e., ono and typical vertical building construction is complete, provided grading, foundation, etc. work is still occurring in the western cul-de- 5) Prepare a Construction Noise Complaint Plan: The Applic prepare a Construction Noise Complaint Plan that: a. Identifies the name and/or title and contact information phone number and email) for a designated Project and City repre responsible for addressing construction -related noise issues. b Includes procedures describing how the designated representative will receive, respond, and resolve constructic complaints. C. At a minimum, upon receipt of a noise complaint, the representative shall notify the City contact, identify the noise generating the complaint, determine the cause of the complaint, steps to resolve the complaint. Implementation Timing Responsible Monitoring Party Monitoring/ Reporting Method Compliance Verification m of the framing no other sac). ant shall including sentative Project n noise t Project t source and take Mitigation Monitoring and Reporting Plan 4 City of Menifee — Di Capri Project STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Rachel Valencia, Administrative Assistant of the City of Menifee, do hereby certify foregoing Planning Commission Resolution No. PC24-626 was duly adopted by the Commission of the City of Menifee at a meeting thereof held on the 13th day of March, the following vote: Ayes: Diederich, Long, Madrid, Thomas, LaDue Noes: None Absent: None Abstain: None 0 chel Valencia, Administrative Assistant that the Planning 2024 by