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
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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