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4.0 MITIGATION MONITORING AND REPORTING PROGRAM
4.1 MITIGATION MONITORING REQUIREMENTS
Public Resources Code (PRC) Section 21081.6 (enacted by the passage of Assembly Bill 3180) mandates that where significant effects have been identified, the following requirements shall apply to all reporting or mitigation monitoring programs:
• The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes that have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead agency or a responsible agency, prepare and submit a proposed reporting or monitoring program.
• The lead agency shall specify the location and custodian of the documents or other materials that constitute the record of proceedings upon which its decision is based. • A public agency shall provide measures to mitigate or avoid significant effects on the environment that are fully enforceable through permit conditions, agreements, or other measures. Conditions of project approval may be set forth in referenced documents that address required mitigation measures or, in the case of the adoption of a plan, policy, regulation, or other project, by incorporating the mitigation measures into the plan, policy, regulation, or project design.
• Prior to the close of the public review period for a Draft Environmental Impact Report (EIR), a responsible agency, or a public agency having jurisdiction over natural resources affected by the project, shall either (1) submit to the lead agency complete and detailed performance objectives for mitigation measures that would address the significant effects on the environment identified by the responsible agency or agency having jurisdiction over natural resources affected by the project, or (2) refer the lead agency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to a lead agency by a responsible agency or an agency having jurisdiction over natural resources affected by the project shall be limited to measures that mitigate impacts to resources that are subject to the statutory authority of, and definitions applicable to, that agency. Compliance or noncompliance with that requirement by a responsible agency or agency having jurisdiction over natural resources affected by a project shall not limit the authority of the responsible agency or agency having jurisdiction over natural resources affected by a project, or the authority of the lead agency, to approve, condition, or deny projects as provided by this division or any other provision of law.
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4.2 MITIGATION MONITORING PROCEDURES
The mitigation monitoring and reporting program has been prepared in compliance with PRC Section 21081.6. It describes the requirements and procedures to be followed by the City of Menifee (City) to ensure that all mitigation measures adopted as part of the proposed Menifee Valley Specific Plan (proposed Project) will be carried out as described in the Final EIR.
Table 7.A in Chapter 7.0, Mitigation Monitoring and Reporting Program, of the Draft EIR lists each of the mitigation measures (MM) and regulatory compliance measures (RCM) specified in the Draft EIR and identifies the party or parties responsible for implementation and monitoring of each measure. 4-3
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Draft EIR Mitigation Measures (MM) and Regularly Compliance Measures (RCM) Timing Responsible Party / Approving Agency Date Completed and Initials
4.1 Aesthetics
Refer to RCM HAZ-2, below.
4.2 Agriculture and Forestry Resources
There are no significant impacts related to agriculture and forestry resources. No mitigation is required.
4.3 Air Quality
MM AIR-1: During construction of the on-site improvements associated with the proposed Project, the Project contractor shall ensure all 50 horsepower or more off-road diesel-powered construction equipment is powered with California Air Resources Board (CARB)-certified Tier 4 Final engines or the equivalent, except where the Project Applicant establishes to the satisfaction of the City of Menifee (City) that Tier 4 Fina l equipment is not available. An exemption from these requirements may be granted by the City if the City documents that equipment with the required tier is not reasonably available within Southern California and co rresponding reductions in criteria air pollutant emissions are achieved from other construction equipment to the extent feasible.
During construction activities. Construction Contractor / City of Menifee MM AIR-2: Prior to issuance of building permits, the City of Menifee shall identify Project design details and specifications, where feasible, to document implementation and compliance with the following emission reduction measures. Implementation of the following measures is considered to be applicable, feasible, and effective in reducing criteria pollutant emissions generated by the Project:
• All Project Applicants shall consider all feasible alternatives to minimize emissions from diesel equipment (e.g., trucks, co nstruction equipment, and generators).
• For high density and mixed-use developments, Project Applicants shall consult with the local transit agency and incorporate all appropriate and feasible transit amenities into the plans, consistent with Section 3.1.4 Bus Rail and Transit Options in the Menifee Valley Specific Plan. • All Project Applicants shall implement walkable neighborhoods by siting parks and community centers near residential areas consistent with Section 2 Land Use Designations and Planning Areas in the Menifee Valley Specific Plan. • All Project Applicants shall incorporate fuel -efficient heating equipment and other appliances, such as water heaters, swimming pool heaters, cooking equipment, refrigerators, furnaces, boiler units, and low or zero -emitting architectural coatings. Project Applicants shall utilize only Energy Star heating, cooling, and lighting devices, and appliances, consistent with CALGreen requirements applicable at time of development applications.
• All Project Applicants shall utilize energy-efficient design features, including appropriate site orientation, use of lighter color roofing and building materials, and use of deciduous shade trees and windbreak trees to reduce fuel consumption for heating and cooling. • All Project Applicants shall provide bicycle parking/storage facilities on site. Bicycle parking facilities should be near de stination points and easy to find. At least one bicycle parking space for every 20 vehicle parking spaces should be provided. • All Project Applicants shall install Class I or II bike lanes on arterial/collector streets, or where a suitable route exists consistent with Figure 3- 7 Bicycle Mobility Plan of the Menifee Valley Specific Plan. • All Project Applicants shall provide building access and paths which are physically separated from street parking lot traffic and that eliminate physical barriers such as walls, berms, landscaping and slopes that impede the use of pedestrians, bicycle facilities, or public transportation vehicles.
• All Project Applicants shall provide continuous sidewalks separated from the roadway by landscaping and on-street parking where provided, consistent with Section 3.1.1, Roadway Design Standards, Section 3.2.1, Pedestrian Mobility, and Figure 3 -7 Bicycle Mobility Plan of the Menifee Valley Specific Plan.
• All Project Applicants shall link cul-de-sacs and dead-end streets to encourage pedestrian and bicycle travel. • All Project Applicants shall provide traffic reduction modifications to residential roads, such as: narrower streets, speed p latforms, bulb- outs, and intersection modifications designed to reduce vehicle speeds and to encourage pedestrian and bicycle travel. • For all parking lots, Project Applicants shall provide a parking lot design that includes clearly marked and shaded pedestria n pathways between transit facilities and building entrances.
• All Project Applicants shall provide pedestrian access between bus service and major transportation points and to destination points within the Project.
• For all high-density residential, mixed-use, business/commercial park, and commercial uses, Project Applicants shall provide a display case Prior to issuance of building permits. Construction Contractor / City of Menifee
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Draft EIR Mitigation Measures (MM) and Regularly Compliance Measures (RCM) Timing Responsible Party / Approving Agency Date Completed and Initials or kiosk displaying transportation information in a prominent area accessible to employees, residents, or visitors such as bi ke route maps, bus schedules, and carpooling and car sharing in a prominent area accessible to employees, residents, or visitors. • For all high-density residential, mixed-use, business/commercial park, and commercial uses, Project Applicants shall provide a display case or kiosk displaying transportation information in a prominent area accessible to employees, residents, or visitors such as bi ke route maps, bus schedules, and carpooling and car sharing in a prominent area accessible to employees, residents, or visitors. • All Project Applicants shall design street block patterns consistent with the Menifee Valley Specific Plan and City of Menife e Standards and Ordinances.
• For all mixed -use, business/commercial park, and commercial uses Project Applicants shall provide preferential parking spaces near the entrance of buildings for those who carpool/vanpool/rideshare and provide signage. • All Project Applicants shall improve the thermal integrity/efficiency of buildings and reduce the thermal load with automated and timed temperature controls or occupant sensors.
• Project Applicants for manufacturing and light industrial uses that require refrigerated vehicles, shall install an adequate number of electrical service connections at loading docks for plugging in the anticipated number of refrigerated trailers to reduce idl ing time and emissions.
• Project Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in a ppropriate applications to optimize renewable energy generation systems and avoid peak energy use. • Project Applicants for manufacturing and light industrial uses with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with CARB Rule 2845 (13 Ca lifornia Code of Regulations [CCR] Chapter 10, Section 2485).
• Project Applicants shall install 240 -volt electrical outlets or Level 3 chargers in parking lots that would enable charging of neighborhood electric vehicles (NEVs) and/or battery powered vehicles. • Project Applicants shall maximize use of solar energy including solar panels, including installing the maximum possible numbe r of solar energy arrays on the building roofs to generate solar energy. • Project Applicants shall maximize the planting of trees in landscaping and parking lots, consistent with the Menifee Valley Specific Plan and City of Menifee Standards and Ordinances.
• Project Applicants shall use light-colored paving and roofing materials. • Project Applicants shall install outdoor electrical outlets to promote the use of electric lawn mowers and leaf blowers.
MM AIR-3: Prior to issuance of building permits, Project Applicants/Developers shall provide plans that indicate a heating, ventilation, and air conditioning (HVAC) system with a control efficiency sufficient to result in a reduction of a minimum 89 percent of particulates of 10 mic rons or less, such as Minimum Efficiency Reporting Value (MERV) -13 filters or greater, for indoor air filtration systems. The ventilation system shall be certified to achieve the stated performance effectiveness from indoor areas.
Prior to issuance of building permits. Project Applicants / City of Menifee Refer to MM TRA-1, below.
4.4 Biological Resources
MM BIO-1: Prior to issuance of any grading or construction permits, the applicant shall provide payment to the City of Menifee Communit y Development Department for applicable Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Local Development Mitigation Fees.
The Local Development Mitigation Fees are subject to change each fiscal year. as such, the Applicant shall pay the current fee amounts according to timing outlined by the Western Riverside County Regional Conservation Authority (RCA). The Applicant shall pay the current fee amounts regarding roadways prior to approval of the Improvement Plan. The Applicant shall pay the current fee amoun ts regarding residential, commercial and industrial uses, prior to building permit issuance.
Prior to issuance of any grading, construction,
or building permits.
Project Applicant / City of Menifee
Community Development Department
MM BIO-2: Prior to issuance of any grading permits, the City of Menifee Community Development Department shall confirm that the constru ction plans indicate that vegetation, including suitable nesting habitat for birds, shall be removed outside the bird nesting season (Feb ruary 15 through August 31). If vegetation cannot be removed outside the bird nesting season (February 15 through August 31), nesting bird sur veys shall be conducted within 3 days prior to project ground disturbance or vegetation removal to ensure th at nesting birds protected under the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code are not disturbed by construction -related activities (i.e., brush clearing and noise). If nesting birds are documented on or in the immediate vicinity (within approximately 300 feet) of the project site, no construction or clearing shall Prior to issuance of any grading permits. Project Applicant / City of Menifee, Community Development Department
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Draft EIR Mitigation Measures (MM) and Regularly Compliance Measures (RCM) Timing Responsible Party / Approving Agency Date Completed and Initials be conducted within an appropriate avoidance buffer surrounding the active nest(s), as determined by a qualified biologist, u ntil the project biologist determines that the young have fledged or the nest is no longer active.
MM BIO-3: A qualified biologist shall conduct a pre-construction presence/absence survey for burrowing owls within 30 days prior to site disturbance. Proof of this pre-construction survey shall be provided for approval to the City of Menifee Community Development Department prior to issuance of any grading permits. If burrowing owls are documented on site, the owls shall be relocated/excluded from the site outside of the breeding season following accepted protocols, as specified in MSHCP Section 6.3.2.
Within 30 days prior of site disturbing
construction activities and prior to the issuance
of any grading permits.
Qualified Biologist / City of Menifee,
Community Development Department
MM BIO-4: Prior to issuance of any grading permits, the City of Menifee Community Development Department shall confirm that the project applicant has paid the fees pursuant to Ordinance 663.10 for the Stephens’ kangaroo rat (SKR) Habitat Conservation Plan (HCP) Fee Assessment Area.
Prior to issuance of any grading permits. Project Applicant / City of Menifee, Community Development Department
MM BIO-5: Prior to any ground -disturbing activity near jurisdictional features on -site, the project applicant shall provide proof to the City of Menifee Community Development Department that applicable permits have been obtained through the Regional Water Quality Control Board (RWQCB) and the California Department of Fish and Wildlife (CDFW) and that permit conditions/mitigation has been fully satisfied for impacts to jurisdictional features. Based on the results of the on -site jurisdictional delineation for the prop osed project, the proposed project would permanently impact 1.93 acres of RWQCB jurisdictional nonwetland waters of the State and CDFW jurisdictional unvegetated stre ambed (i.e., Feature 1 and Feature 2), and 0.03 acre of RWQCB jurisdictional wetland waters of the State and CDFW-jurisdictional associated wetland habitat (i.e., Feature 2 Wetland). The proposed mitigation strategy for on-site impacts shall be the purchase of 2.94 acres of rehabilitation credits (1.5:1 mitigation ratio; 1.93 acres + 0.03 acre = 1.96 X 1.5 ratio = 2.94 acres of mitigation) from the Riverpark Mitigation Bank. Alternatively, on -site impacts shall be mitigated with the purchase of 3.92 acres of preservation credits (2:1 mitigation ratio; 1.93 acres + 0.03 a cre = 1.96 X 2 ratio =
3.92 acres of mitigation) from the Barry Jones Skunk Hollow Preservation Bank.
The project applicant shall mitigate direct impacts on an additional 0.25 acres of streambed Waters of the State (WOS)/MSHCP riverine features by purchasing an additional 0.38 acres of rehabilitation credits (1.5:1 mitigation ratio) at the Riverpark Mitigation Bank to satisfy anticipated CDFW 1602 and/or RWQCB mitigation requirements. The proposed project would permanently impact 0.17 acre (Feature 5) and 0.08 acre (Feature 4, Feature 6, Feature 7, Feature 8, and Feature 9) of Ephemeral Streambed – Disturbed, which are found in off -site roadway improvement areas. The 1.5:1 ratio of mitigation was previously approved by the Wildl ife Agencies following the field visit via email correspondence (Appendix D-7). Alternatively, the project applicant can also offset the additional 0.25 acres of streambed Waters of the State (WOS)/MSHCP riverine features (Feature 4, Feature 5, Feature 6, Feature 7, Feature 8, Feature 9), which are found in off -site roadway improvement areas, by purchasing an additional 0.5 acres of preservation credits at Barry Jones Skunk Hollow or another CDFW -approved mitigation bank within Riverside County at a 2:1 mit igation ratio. This option of mitigation shall also provide biologically equivalent or superior preservation. Notification of Streambed Alteration to CDFW shall be provided to justify the purchasing of credits and mitigat ion used for the Project Site. In total, the project applicant shall purchase 0.38 acres of rehabilitation credits or 0.5 acres of preservatio n credits. The proposed mitigation strategy for off-site roadway improvement area impacts shall be the purchase of 0.38 acre of rehabilitation credit s (1.5:1 mitigation ratio; 0.17 acre + 0.08 acre = 0.25 acre X 1.5 ratio = 0.38 acre of mitigation) from the Riverpark Mitigation Bank. Alternati vely, off-site roadway improvement area impacts shall be mitigated with the purchase of 0.50 acre of preservation credits (2:1 mitigation ratio; 0.17 acre + 0.08 acre =
0.25 acre X 2 ratio = 0.50 acre of mitigation) from the Barry Jones Skunk Hollow Preservation Bank.
The Applicant shall be obligated to implement/comply with the permit conditions and mitigation measures required by the resou rce agencies regarding impacts on their respective jurisdictions. The proposed mitigation strategy shall prioritize in -kind and in -watershed options per the regulatory agencies’ preferences. The regulatory agencies shall make the final determination of the final compensatory mitigation requirements during the permit evaluation process.
Prior to any ground -disturbing activity near jurisdictional aquatic resources in off -site improvement areas, the project applicant shall provide proof to the City of Menifee Community Development Department that applicable permits have been obtained through the RWQCB an d the CDFW for impacts on jurisdictional aquatic resources. Based on the results of the off-site jurisdictional delineation for the proposed project, the proposed project would permanently impact 0.32 acre of vegetated streambed (i.e., Feature 1, Feature 3, Feature 3A, Feature 4 , and Feature 4A). The proposed mitigation strategy for off-site impacts shall be the purchase of 0.48 acre of rehabilitation credits (1.5:1 mitigation ratio; 0.32 acre X 1.5 ratio = 0.48 acre of mitigation) from the Riverpark Mitigation Bank. Alternatively, off-site impacts shall be mitigated with the purchase of 0.64 acre of preservation credits (2:1 mitigation ratio; 0.32 acre X 2 ratio = 0.64 acre of mitigation) from the Barry Jon es Skunk Hollow Preservation Bank. Additionally, the jurisdictional determination request forms shall be submitted to the United States Army Corps of Engineers (USACE) to confirm tha t no jurisdictional waters of the United States occur within the off -site improvements footprint. Should the USACE not agree with the findings of the request forms and determine that jurisdictional waters of the United States occur within the off-site improvements footprint (i.e., the USACE does not issue an AJD confirming that none of the features are USACE jurisdictional resources), applicable permits shall be obtained through the USACE for impacts on jurisdictional aquatic resources. The Applicant shall implement/comply with all permit conditions and mitigation measures required by the resource agencies. Compensatory mitigation to offset impacts on jurisdictional aquati c resources may Prior to the commencement of any ground-
disturbing activity near on- or off-site
jurisdictional features.
Project Applicant / City of Menifee,
Community Development Department
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Draft EIR Mitigation Measures (MM) and Regularly Compliance Measures (RCM) Timing Responsible Party / Approving Agency Date Completed and Initials be implemented through off -site, permittee-responsible mitigation; in -lieu fee program or mitigation bank credit purchase (e.g., Riverpark Mitigation Bank); or a combination of these options depending on availability. The proposed mitigation strategy shall priorit ize in-kind and in - watershed options per the regulatory agencies’ preferences. The regulatory agencies shall make the final determination regarding compensatory mitigation requirements during the permit evaluation process.
The proposed project will impact a total of 2.53 acres of aquatic resources for project site improvements, off -site improvements, and off -site roadway improvements. Total mitigation required shall be 3.8 acres of rehabilitation credits (1.5:1 mitigation ratio) from the Riverpark Mitigation Bank for project site improvements, off -site improvements, and off -site roadway improvements. Alternatively, project site improvements, off - site improvements, and off-site roadway improvements shall be mitigated with the purchase of 5.06 acres of preservation credits (2:1 mitigation ratio) from the Barry Jones Skunk Hollow Preservation Bank.
4.5 Cultural Resources
MM CUL-1: Prior to the construction of any bridge structure over the existing San Jacinto Valley Railroad, the developer shall submit evidence to the City for review and approval that any such construction activity avoids the existing rail feature. Furthermore, prior to any bridge co nstruction, the developer shall submit to the City for review and approval plans detailing (but not limited to) the location, orientation, de sign, and/or materials proposed for any bridge construction to ensure bridge features to not adversely affect the integrity of the existing rail feature.
Prior to the construction of any bridge
structure over the existing San Jacinto Valley
Railroad.
Developer / City of Menifee
RCM CUL-1: Inadvertent Archaeological Find. If during ground-disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed.
Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each ot her, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as deter mined in consultation with the Native American Tribe(s).
All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is con vened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find.
At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative( s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mi tigation (documentation, recovery, avoidance, etc.) for the cultural resources.
Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed.
Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan (CR MP) and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in- place preservation of cultural resources located in native soils and/or reburial on the Project property so they are not subj ect to further disturbance in perpetuity as identified in Non-Disclosure of Reburial Condition.
If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III data recovery plan shall be prepared by the Project archeologist, in consultation with the Tribe, and shall be submitted to the City for review and approval prior to imp lementation of the said plan.
Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director sha ll make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the Project archaeologist and shall take into account the cultural and religious pri nciples and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Plann ing Commission and/or City Council.
During ground-disturbing construction
activities.
Construction Contractor / City of Menifee,
Community Development Department
RCM CUL-2: Archaeologist Retained. Prior to issuance of a grading permit the Project applicant shall retain a Riverside County qualified archaeologist to monitor all ground-disturbing activities in an effort to identify any unknown archaeological resources.
The Project Archaeologist and the Tribal monitor(s) shall manage and oversee monitoring for all initial ground -disturbing activities and excavation of each portion of the Project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition, etc. The Project Archaeologist and the Tribal monitor(s), shall have the auth ority to temporarily divert, redirect or halt the ground -disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in Prior to issuance of any grading permits.
During initial ground-disturbing construction
activities and excavation of each portion of the
Project site including grubbing, tree removals,
mass or rough grading, trenching, stockpiling of
materials, rock crushing, structure demolition,
Project Archaeologist and Tribal Monitor(s) /
City of Menifee, Community Development
Department
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Draft EIR Mitigation Measures (MM) and Regularly Compliance Measures (RCM) Timing Responsible Party / Approving Agency Date Completed and Initials coordination with any required special-interest or tribal monitors.
The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ens ure compliance with this condition of approval. Upon verification, the Community Development Department shall clear this condition.
In addition, the Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a Cultural Resources Management Plan (CRMP) in consultation pursuant to the definition in AB 52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the Project site. A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB 52 consultation process, and has completed AB 52 consultation with the City as p rovided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB 52. Details in the Plan shall include:
• Project grading and development scheduling.
• The Project archaeologist and the Consulting Tribes(s) shall attend the pre-grading meeting with the City, the construction manager and any contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identif ied during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event inadvertent discove ries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new construction personnel that will conduct earthwork or grading activities that begin work on the Project following the initial Training must take the Cultural Sensitivity Training prior to beginning work and the Project archaeologist and Consulting Tribe(s) shall make themselves available to provide the training on an as-needed basis. • The protocols and stipulations that the contractor, City, Consulting Tribe(s) and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation.
etc.
RCM CUL-3: Archaeology Report – Phase III and IV. Prior to final inspection, the developer/permit holder shall prompt the Project Archaeologist to submit two copies of the Phase III Data Recovery report (if required for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department’s requirements for such reports. The Phase IV report shall include evidenc e of the required cultural/historical sensitivity training for the construction staff held during the pre -grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Commu nity Development Department shall clear thi s condition. Once the report(s) are determined to be adequate, two copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one copy shall be submitted to the Consu lting Tribe(s) Cultural Resources Department(s).
Prior to final inspection. Project Archaeologist / City of Menifee, Community Development Department
RCM CUL-4: If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resources Code Section 5097.98(b), r emains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Rive rside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within 24 hours. Subsequently, the Native American Heritage Commission shall identify the “most likely descendant.” The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. This measure shall be implemented to the satisfaction of the County.
During construction activities. Construction Contractor and County Coroner / City of Menifee
RCM CUL-5: The site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The County Coroner, pursuant to the specific exemption set fort h in California Government Code 6254 (r), parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r). This measure shall be implemented to the satisfac tion of the City Planning Department.
During construction activities.
Construction Contractor and County Coroner
/ City of Menifee, Planning Department
Refer to RCM TCR-1 through RCM TCR-4.
4.6 Energy
There are no significant impacts related to energy. No mitigation is required.
4.7 Geology and Soils
RCM GEO-1: California Building Code Compliance Seismic Standards. All structures shall be designed in accordance with the seismic parameters presented in the Geotechnical Evaluations prepared for this Project (LGC Geotechnical, Inc., 2018, 2020, and 2021) and applicable sections of the most current California Building Code (CBC). Prior to the issuance of building permits for planned structures, the Soils Engineer and the City of Menifee Chief Building Official, or designee, shall review building plans to verify that the structural design conforms to the requirements of the Geotechnical Prior to the issuance of building permits for
planned structures.
During construction activities.
Construction Contractor and Soil Engineer /
City of Menifee, Chief Building Official, or
designee
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Draft EIR Mitigation Measures (MM) and Regularly Compliance Measures (RCM) Timing Responsible Party / Approving Agency Date Completed and Initials Evaluations, the most current CBC, and the City’s Municipal Code.
RCM GEO-2: Prior to the issuance of grading and/or building permits, the Applicant shall provide evidence to the City for review and app roval that proposed structures, features, and facilities to be constructed on the Project site have been designed and will be constructed in conf ormance with applicable provisions of the most current edition of the California Building Code in effect at the time of development applic ation submittal and that the Final Geotechnical Assessment’s recommendations conform to the most current California Building Code. Additionally, the Applicant shall provide evidence to the City that the recommendations cited in the project -specific Final Geotechnical Assessment are incorporated into project plans and/or implemented as deemed appropriate by the City. The Final Geotechnical Assessment recommendations may inc lude, but are not limited to, removal of existing vegetation, utilities, and any other surface and subsurface improvements that would n ot remain in place for use with the structures constructed on the Project site. Remedial earthwork, overexcavation, and ground improvement shall occur to depths specified in the Final Geotechnical Assessment to provide a sufficient layer of engineered fill or densified soil beneath str uctural footings/foundations, as well as proper surface drainage devices and erosion control. Retaining wall parameters shall be in accordance with the Final Geotechnical Assessment to protect against lateral spreading and on -site landslides. Construction of concrete structures in contact with subgrade soils determined to be corrosive shall include measures to protect concrete, steel, and other metals. Verification t esting must be performed upon completion of ground improvements to confirm that the compressible soils have been sufficiently densified. The structural engineer must determine the ultimate thickness and reinforcement of the building flood slabs based on the imposed slab loadin g. The recommendations of the Final Geotechnical Assessment shall be implemented to the satisfac tion of the City’s Building and Safety Director or designee.
Prior to the issuance of grading and/or building
permits for planned structures.
During construction activities.
Construction Contractor and Soil Engineer /
City of Menifee, Building and Safety Director,
or designee
RCM GEO-3: Prior to the start of construction, all field personnel shall be briefed regarding the types of fossils that could be found in the Project area and the procedures to follow should paleontological resources be encountered. This training shall be accomplished at the pre -grade kickoff meeting or morning tailboard meeting and shall be conducted by the Project Paleontologist or his/her representative. Specifically, the training shall provide a description of the fossil resources that may be encountered in the Project area, outline steps to follow in the event that a fossil discovery is made, and provide contact information for the Project Paleontologist and on -site monitor(s). The training shall be developed by the P roject Paleontologist and may be conducted concurrently with other environmental training (cultural and natural resources awareness training, safety training, etc.).
Prior to the start of construction, at the pre-
grade kickoff meeting or morning tailboard
meeting.
Project Paleontologist / City of Menifee
RCM GEO-4: Prior to the commencement of ground-disturbing activities, a qualified professional paleontologist shall be retained to prepare and implement a Paleontological Resource Impact Mitigation Program (PRIMP) for the Project. Initially, full -time monitoring is recommended for grading and excavation activities 4 feet below ground surface that will disturb previously undisturbed Quaternary older alluvium (Qof). D ue to soil development and previous agricultural disturbances, monitoring shall not be required in Project areas where construction acti vities disturb native sediments at depths less than 4 feet below ground surface. Spot -checking may occur in previously undisturbed young alluvia l deposits (Qya) in order to determine if Project activities are impacting the underlying highly sensitive Pleistocene units. Monitoring shall not be required in Project areas underlain by geologic units with no paleontological resource potential (i.e., the granodiorite to tonalite, Kdvg).
Monitoring shall entail the visual inspection of excavated or graded areas and trench sidewalls. In the event that a paleonto logical resource is discovered, the monitor shall have the authority to divert temporarily the construction equipment around the find until it is assessed for scientific significance and collected. In areas of high sensitivity, monitoring efforts can be reduced or eliminated at the d iscretion of the Project Paleontologist if no fossil resources are encountered after 50 percent of the excavations are completed.
Prior to the commencement of any ground-
disturbing construction activities.
Project Paleontologist / City of Menifee
RCM GEO-5: Upon completion of fieldwork, all significant fossils collected shall be prepared in a properly equipped paleontology laborat ory to a point ready for curation. Preparation shall include the careful removal of excess matrix from fossil materials and stabilizing and repair ing specimens, as necessary. Following laboratory work, all fossil specimens shall be identified to the lowest taxonomic level, cataloged, analyzed, and delivered to the Western Science Center for permanent curation and storage. The cost of curation is assessed by the repository and is the responsibility of the Project owner.
At the conclusion of laboratory work and museum curation, a final report shall be prepared describing the results of the pale ontological mitigation monitoring efforts associated with the Project. The report shall include a summary of the field and laboratory methods, an overview of the Project area geology and paleontology, a list of taxa recovered (if any), an analysis of fossils recovered (if any) and their scientific significance, and recommendations. If the monitoring efforts produced fossils, then a copy of the report shall also be submitted to the Wes tern Science Center.
Upon completion of fieldwork and laboratory
work.
Project Paleontologist / City of Menifee
Refer to RCM WQ-1 through RCM WQ-4.
4.8 Greenhouse Gas
MM GHG-1: Prior to issuance of a building permit, the City of Menifee shall identify Project design details and specifications, where f easible, to document implementation and compliance with the following emission reduction measures. Implementation of the following measures is considered to be applicable, feasible, and effective in reducing greenhouse gas emissions generated by the Project:
Prior to issuance of any building permits. Project Applicant and Construction Contractor / City of Menifee
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Draft EIR Mitigation Measures (MM) and Regularly Compliance Measures (RCM) Timing Responsible Party / Approving Agency Date Completed and Initials • Exceed Title 24 standards by 20 percent.
• Install programmable thermostat timers and smart meters. • Develop Basis of Design (BOD) documents, commissioning plans, and commissioning reports for heating, ventilation, and air con ditioning (HVAC) systems. Perform functional performance testing and system operations training. • Install energy efficient appliances and high-efficiency electric hot water heaters. • Provide electric vehicle (EV) chargers in parking lots. • Provide necessary infrastructure to allow use of 50 percent recycled water for outdoor irrigation. • Adopt a water conservation strategy.
• Use water-efficient landscape irrigation systems, reduce turf in landscapes and lawns, and plant native or drought-resistant trees. • Prohibit gas powered landscape equipment and install outdoor electrical outlets. • Use low VOC architectural coatings.
• Require cool roof materials (albedo >= 30) or install green roofs. • Maximize interior day light.
• Install rainwater collection systems.
• Restrict the use of water for cleaning outdoor surfaces/prohibit systems that apply water to non-vegetated surfaces. • Plant shade trees within 40 feet of the south side or within 60 feet of the west sides of properties. • Create new vegetated open space.
• Institute or extend recycling and composting services.
Refer to MM AIR-2.
4.9 Hazards and Hazardous Materials
RCM HAZ-1: Hazardous Materials Business Plan. Prior to certificate of occupancy, businesses and other commercial uses within the Specific Plan that would handle hazardous materials and substances in reportable quantities as defined by the Riverside County Department of Environme ntal Health (DEH) shall submit proof to the City of Menifee Community Development Department that they have submitted a Hazardous Materials Business Plan (HMBP) via the California Environmental Reporting System. At minimum, the HMBP would require facility information, a hazardous material inventory (including site map/plan), and emergency response and training plans. Facilities that would include underground sto rage tanks in the HMBP are subject to additional approvals from the Riverside County DEH.
Prior to certificate of occupancy for any
business or other commercial uses within the
Specific Plan that would handle hazardous
materials and substances in reportable
quantities as defined by the Riverside County
Department of Environmental Health (DEH).
Applicable Businesses / City of Menifee,
Community Development Department
MM HAZ-1: Soil Management Plan. The Applicant shall develop and implement a Soil Management Plan (SMP) to the satisfaction of the Director of Public Works, or designee, prior to the commencement of any ground disturbing or earthwork activities associated with the construction of off -site roadway improvements along McCall Boulevard.
Prior to the commencement of any ground
disturbing or earthwork activities associated
with the construction of off-site roadway
improvements along McCall Boulevard.
Project Applicant and Construction
Contractor / City of Menifee, Community
Development Department
MM HAZ-2: Riverside County ALUC Condition of Approval. Prior to commencement of any construction activities, the project applicant shall provide proof to the City of Menifee Community Development Director, or designee, of compliance with the following ALUC conditions as included in their approval letter dated November 16, 2022:
• Outdoor Lighting. Any new outdoor lighting that is installed shall be hooded or shielded so as to prevent either the spillage of lumens or reflection into the sky. Outdoor lighting shall be downward facing. Installation of future rooftop solar panels will require solar glare studies and ALUC review.
• Prohibition of certain uses/activities:
o Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport ope rations toward an aircraft engaged in initial takeoff or final landing procedure other than an FAA -approved navigational signal light or visual approach slope indicator;
Prior to commencement of any construction
activities.
Project Applicant / City of Menifee,
Community Development Director, or
designee
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Draft EIR Mitigation Measures (MM) and Regularly Compliance Measures (RCM) Timing Responsible Party / Approving Agency Date Completed and Initials o Any use which would cause sunlight to be reflected towards an aircraft engaged in initial takeoff or final landing procedure towards an airport;
o Any use which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwis e affect safe air navigation within the area;
o Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation;
o Highly noise-sensitive outdoor nonresidential uses; and o Any use which results in a hazard to flight, including physical (tall objects), visual, and electronic forms of interference with the safety of aircraft operations.
• “Notice of Airport in Vicinity”: A “Notice of Airport in Vicinity” (attached to the ALUC approval letter, Appendix H-4) shall be provided to all prospective purchasers and occupants of the property.
• Stormwater Basins: Any proposed stormwater basins or facilities shall be designed and maintained to provide for a maximum 48 -hour detention following the design storm, and remain totally dry between rainfalls. Vegetation in and around the stormwater basins that would provide food or cover for birds would be incompatible with airport operations and shall not be utilized in project landscaping. Trees shall be spaced so as to prevent large expanses of contiguous canopy, when mature. Landscaping in and around the stormwater basi ns shall not include trees or shrubs that produce seeds, fruits, or berries.
Landscaping in the stormwater basin, if not rip -rap, should be in accordance with the guidance provided in ALUC “Landscaping Near Airports” brochure, and the “Airports, Wildlife, and Stormwater Management” brochure available at RCALUC.org, which list acceptable pla nts from the Riverside County Landscaping Guide or other alternative landscaping as may be recommended by a qualified wildlife hazard biologist.
A notice sign (attached to the ALUC approval letter, Appendix H -4) shall be permanently affixed to the stormwater basin with the following language: “There is an airport nearby. This stormwater basin is designed to hold stormwater for only 48 hours and not attract birds. Proper maintenance is necessary to avoid bird strikes.” The sign will also include the name, telephone number or other contact infor mation of the person or entity responsible to monitor the stormwater basin.
Refer to MM AIR-1 through AIR-3, above.
Refer to RCM WQ-1 through RCM WQ-4, below.
Refer to RCM TRA-1, below.
4.10 Hydrology and Water Quality
RCM WQ-1: Construction General Permit. Prior to commencement of construction activities, the Applicant shall obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Lan d Disturbance Activities (Construction General Permit), NPDES No. CAS000002, Order No. 2009‐0009‐DWQ, as amended by Order No. 2010‐0014‐DWQ and Order No. 2012‐0006‐DWQ, or any other subsequent permit. This shall include submission of Permit Registration Documents (PRDs ), including permit application fees, a Notice of Intent (NOI), a risk assessment, a site plan, a Storm Water Pollution Prevention Plan (S WPPP), a signed certification statement, and any other compliance‐related documents required by the permit, to the State Water Resources Control Board via the Stormwater Multiple Application and Report Tracking System (SMARTS). Construction activities shall not commence until a Waste Discharge Identification Number (WDID) is obtained for the proposed Project from the SMARTS and provided to the City Engineer/Public Works Director, or designee, to demonstrate that coverage under the Construction General Permit has been obtained. Project construction shall co mply with all applicable requirements specified in the Construction General Permit, including but not limited to, preparation of a SWPPP and implementation of construction site best management practices (BMPs) to address all construction‐related activities, equipment, and material s that have the potential to impact water quality for th e appropriate risk level identified for the proposed Project. The SWPPP shall identify the sources of pollutants that may affect the quality of storm water and shall include BMPs (e.g., soil binders, straw mulch, non -vegetative stabilization, fiber rolls, sandbag barrier, straw bale barrier, stabilized construction entrance/exit, stabilized construction roadway, and entra nce/outlet tire wash) to control the pollutants in storm water runoff. Upon completion of construction activities and stabilization of the Project site, a Notice of Termination shall be submitted via SMARTS.
Prior to the issuance of any grading permits
and commencement of construction activities.
Project Applicant / City of Menifee, City
Engineer and Public Works Director, or
designee
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Draft EIR Mitigation Measures (MM) and Regularly Compliance Measures (RCM) Timing Responsible Party / Approving Agency Date Completed and Initials RCM WQ-2: In compliance with City of Menifee Ordinance 2019 -287 Grading Regulations, Section 8.26.060, the Project Applicant shall submit an Erosion Control Plan to the City Engineer/Public Works Director or designee, for review and approval concurrent with the grading perm it application or with submittal of the grading plans for each individual development that would occur within the Specific Plan area. An approved erosion control plan from the previous year shall be updated and submitted for approval, if necessar y, prior to the start of the rainy season each year, as determined by the City Engineer/Public Works Director.
Prior to the issuance of any grading permits
and commencement of construction activities.
Project Applicant / City of Menifee, City
Engineer and Public Works Director
RCM WQ-3: At least 45 days prior to groundwater dewatering activities, the City of Menifee shall submit an NOI to the Santa Ana RWQCB to obtain coverage under the General Waste Discharge Requirements for Discharges to Surface Waters That Pose an Insignificant (De Minimis) Threa t to Water Quality (Groundwater Discharge Permit), Order No. R8 -2020-0006, NPDES No. CAG998001. The construction contractor shall comply with the requirements of Order No. R8-2020-0006, NPDES No. CAG998001. Groundwater dewatering activities shall comply with all applicable provisions in the Groundwater Discharge Permit, including water sampling, analysis, treatment (if required), and reporting of dewatering -related discharges. Upon completion of groundwater dewatering activities, an NOT shall be submitted to the Santa Ana RWQCB.
Within 45 days prior to groundwater
dewatering activities.
Construction Contractor / City of Menifee
RCM WQ-4: Prior to issuance of a grading permit, the Applicant shall submit a Final Water Quality Management Plan (WQMP) to the City Engineer/Public Works Director or designee for review and approval. The Final WQMP shall specify the BMPs to be incorporated into the proposed Project design to target pollutants of concern in runoff from the Project Site. The Final WQMP shall also incorporate the results of the Fin al Hydrology and Hydraulic Analyses to demonstrate that the bioretention facilities meet the hydromodification requirements of the Riverside C ounty Flood Control and Water Conservation District, the County of Riverside, and the Incorporated Cities of Riverside County Within the Santa Ana Re gion MS4 Permit. The City Engineer/Public Works Director, or designee, shall ensure that the BMPs specified in the Final WQMP are incorporated into the final Project design.
Prior to issuance of any grading permits. Project Applicant / City of Menifee, City Engineer and Public Works Director
RCM WQ-5: Prior to issuance of a grading permit, the Applicant shall submit a Final Hydrology and Hydraulic Analyses to the City Engine er/Public Works Director or designee and the Riverside County Flood Control and Water Conservation District for review and approval. The Fina l Hydrology and Hydraulic Analyses shall be prepared consistent with the requirements of the Riverside County Flood Control and Water Conservation District Hydrology Manual and the Riverside County Flood Control Water Conservation District Design Handbook for Low Impact Development Best Management Practices, and Phase I MS4 Permit R8 -2010-0033, NPDES No. CAS 618033 as amended by Order No. R8 -2013-0024. The City Engineer/Public Works Director, or designee, shall ensure that the drainage facilities specified in the Final Hydrology and Hydraulic Analyses are incorporated into the final Project design.
Prior to issuance of any grading permits. Project Applicant / City of Menifee, City Engineer and Public Works Director
Refer to MM HAZ-2, above.
4.11 Land Use and Planning
MM LU-1: Circulation Element Consistency. At intersections and roadway segments where the project contributes to a deficient LOS that conflicts with Circulation Element policies that strive to maintain desired LOS (Policy C.1.2), the Project Applicant shall be responsible f or improvements identified by the City as part of the Project’s Conditions of Approval. The timeline for implementation of these improvements will also be identified in the Project’s Conditions of Approval. Where there is a funding mechanism (fee program) for the recommended im provements, payment into the fee program shall be considered sufficient for mitigation of project‐related operational deficiencies. At st udy locations where the addition of project traffic creates an operational deficiency and there is no funding mechanism in place, the Project App licant shall be responsible for the implementation of the improvement as identified in the Project’s Conditions of Approval. At locations where the project adds to or creates a forecast deficiency and there is no funding mechanism in place, the Project Applicant shall be responsible for its fair share payment, as calculated based on project traffic as a percentage of total growth from existing to Horizon Year (2045) plus Pro ject scenario conditions. The timing for payment of fees or physical improvements shall be established through the Project’s Conditions of Approval.
Prior to the issuance of any building permits
and the commencement of construction
activities.
The timing for payment of fees or physical
improvements shall be established through the
Project’s Conditions of Approval.
Project Applicant / City of Menifee,
Community Development Department
Refer to MM BIO-1 through MM BIO-5, above.
Refer to MM HAZ-2, above.
4.12 Mineral Resources
There are no significant impacts related to mineral resources. No mitigation measures are required.
4.13 Noise and Vibration
MM N-1: Prior to issuance of grading or building permits, the City of Menifee shall confirm that construction specifications indicate the construction contractor shall restrict loaded trucks or require the use of light pick -up trucks within 15 feet of the residential structures along Menifee Road north of State Route 74 (SR -74). In addition, the City of Menifee shall confirm that construction specifications indicate that the construction contractor shall restrict large bulldozers and loaded trucks or require the use of small rubber -tired bulldozers and light pick-up trucks within 15 feet of the residential structures along McCall Boulevard between Durant Street and Junipero Road.
Prior to issuance of any grading or building
permits.
Construction Contractor / City of Menifee
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Draft EIR Mitigation Measures (MM) and Regularly Compliance Measures (RCM) Timing Responsible Party / Approving Agency Date Completed and Initials RCM N-1: Prior to and during construction, the construction contractor shall implement the following measures to minimize construction noise pursuant to Section 8.01.010 of the City of Menifee Municipal Code and Section 9.52.020(H) of the County of Riverside Code. • Construction Hours. The construction contractor shall limit construction activities to between 6:30 a.m. and 6:00 p.m. during the months of June through September and between 7:00 a.m. and 6:00 p.m. during the months of October through May. Construction shall be prohibited outside of these hours, on Sundays or nationally recognized holidays unless approval is obtained from the City Building Offic ial or City Engineer.
• Mufflers. During all Project site excavation and grading, the Project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers’ standards. • Construction Staging. The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and most noise-sensitive receptors nearest the Project site during Project construction. • Stationary Equipment. The construction contractor shall place all stationary construction equipment so that the emitted noise is directed away from the sensitive receptors nearest the Project site.
Prior to and during construction. Construction Contractor / City of Menifee
4.14 Population and Housing
There are no significant impacts related to population and housing. No mitigation is required.
4.15 Public Services
RCM PS-1: Prior to the issuance of building permits by the City of Menifee, the most current Fire Protection Facilities Development Imp act Fee for commercial and business park development shall be paid by the developer as calculated by the City. The building permits shall be issued by the City after proof of the appropriate Fire Protection Facilities Development Impact Fee is paid.
Prior to the certificate of occupancy permits by the City of Menifee, the most current Fire Protection Facilities Development Impact Fee for residential development as calculated by the City shall be paid by the developer. The occupancy permits shall be issued by the City after proof of the appropriate Fire Protection Facilities Development Impact Fee is paid.
Prior to the issuance of any building permits.
Prior to the certificate of any occupancy
permits.
Project Developer / City of Menifee
RCM PS-2: Prior to the issuance of building permits by the City of Menifee, the most current Police Facilities Development Impact Fee f or residential development as calculated by the City shall be paid by the developer. The building permits shall be issued by the City after proof of the appropriate Police Facilities Development Impact Fee is paid.
Prior to the certificate of occupancy permits by the City of Menifee, the most current Police Facilities Development Impact F ee for residential development shall be paid by the developer as calculated by the City. The occupancy permits shall be issued by the City after proof of the appropriate Police Facilities Development Impact Fee is paid.
Prior to the issuance of any building permits.
Prior to the certificate of any occupancy
permits.
Project Developer / City of Menifee
RCM PS-3: Prior to the issuance of building permits by the City of Menifee, the most current School Development Impact Fee to the Romol and School District and the PUHSD for residential, commercial, and business park development as applicable shall be paid by the develope r. The building permits shall be issued by the City after proof that the appropriate School Development Fees to the Romoland School District and the PUHSD are paid.
Prior to the issuance of any building permits. Project Developer / City of Menifee RCM PS-4: Prior to the issuance of building permits by the City of Menifee, the most current Public Facilities Development Impact Fee f or commercial and business park development shall be paid by the developer as calculated by the City. The building permits shall be issued by the City after proof of the appropriate Public Facilities Development Impact Fee is paid.
Prior to the certificate of occupancy permits by the City of Menifee, the most current Public Facilities Development Impact F ee for residential development as calculated by the City shall be paid by the developer. The occupancy permits shall be issued by the City after proof of the appropriate Public Facilities Development Impact Fee is paid.
Prior to the issuance of any building permits.
Prior to the certificate of any occupancy
permits.
Project Developer / City of Menifee
Refer to RCM TRA-1.
4.16 Recreation
RCM REC-1: Prior to the issuance of building permits by the City of Menifee, the most current Parkland dedication and/or in lieu fee for residential, commercial, and business park development shall be dedicated and/or paid by the developer as calculated by the City, pursuant to Chapter 7.75 and/or 8.03 (whichever is applicable) of the City’s Municipal Code. The building permits shall be issued by the City once proof of the appropriate parkland dedication is determined and/or in lieu fee is paid.
Prior to the issuance of any building permits. Project Developer / City of Menifee
4.17 Transportation
RCM TRA-1: Construction Traffic Management Plan. Prior to commencement of grading activities, the construction contractor shall prepare a CTMP to the satisfaction of the City of Menifee and shall ensure that the plan is implemented during construction with the goal of maintaining safe conditions to adjacent roadways during peak traffic hours and ensuring that construction traffic does not queue on public roadways. The CTMP shall be Prior to commencement of grading activities. Construction Contractor / City of Menifee 4-13
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\\lsaazfiles.file.core.windows.net\projects\CIM2106 MVSP EIR\06 Final EIR\MVSP Final EIR RTC.docx (12/20/23) Table 7.A: Mitigation and Monitoring Reporting Program
Draft EIR Mitigation Measures (MM) and Regularly Compliance Measures (RCM) Timing Responsible Party / Approving Agency Date Completed and Initials consistent with the California Temporary Traffic Control Handbook (CATTCH) (previously known as the California Joint Utility Traffic Control Manual). At a minimum, the CTMP shall include, but not be limited to, the following:
• Provisions for temporary traffic control to improve traffic flow on public roadways and ensure the safe access into and out o f the site (e.g., warning signs, lights and devices, and flag personnel); • Prohibiting construction-related vehicles from parking on public streets; • Providing safety precautions for pedestrians, equestrians, and bicyclists through such measures as alternate routing and protection barriers; • Obtaining the required permits for truck haul routes from the City of Menifee and/or the California Department of Transportat ion (Caltrans);
• Maintaining unobstructed emergency access to the project site and adjacent areas during all phases of construction. Flag personnel shall be trained to assist in emergency response by restricting or controlling the movement of traffic that could interfere with emerg ency vehicle access.
MM TRA-1: Prior to issuance of building permit/occupancy permits, the Project Applicant shall prepare a Transportation Demand Managemen t (TDM) strategy report for review and approval by the City Traffic/Transportation Manager. The TDM strategy shall include measures to reduce Project vehicle miles traveled (VMT), including but not limited to:
• Construction of an additional 44.8 miles of sidewalks. CAPCOA transportation measure “T -18: Provide Pedestrian Network Improvement” was deemed applicable to estimate the VMT reduction due to Project pedestrian features. Based on CAPCOA estimates, the pedest rian features have a potential to reduce 6.4 percent of the Project VMT, which is the cap or maximum for the measure. • Construction of interconnecting Class I, Class II, and Class III bike lanes throughout the interior and perimeter of the Proj ect site). Specific Plan uses would also provide appropriate bicycle facilities (i.e., racks and lockers) as required by the latest California Gr een Building Standards (CALGreen Code 5.106.4 Bicycle Parking).
o CAPCOA transportation measure “T -19A: Construct or Improve Bike Facility” was deemed applicable to estimate the VMT reduction due to Project bicycle features. Based on CAPCOA estimates, the Project bicycle design features have a potential to reduce 0.5 percent of the Project VMT for all the bicycle facilities combined. o CAPCOA transportation measure “T-10: Provide End-of-Trip Bicycle Facilities” was deemed applicable to estimate the VMT reduction due to end-of-trip bike facilities. A total of six facilities were assumed:
▪ One facility in Planning Area 6 for the proposed school site; ▪ One facility each for the Business Park uses in Planning Areas 10, 11, and 12; and ▪ Two facilities in Planning Area 13 for Commercial uses (both sides of Malaga Road). Based on CAPCOA estimates, the Project end- of-trip bicycle facilities at all six locations have a combined potential to reduce 0.4 percent of the Project VMT. • Provide Electric Vehicle Parking and EV Charging Infrastructure. CAPCOA transportation measure “T -14: Provide Electric Vehicle Charging Infrastructure” was deemed applicable to estimate VMT reduction via reduced GHG emissions. Based on CAPCOA estimates, provision of EV charging infrastructure has a potential to achieve a maximum VMT reduction of up to 11.9 percent, dependent on the number of EV charging stations the Project may provide (in addition to CALGreen requirements). • Unbundle Residential Parking Costs from Property Costs. CAPCOA transportation measure “T -16: Unbundle Residential Parking Costs from Property Cost” was deemed applicable to estimate VMT reduction by charging for additional residential parking space. Based on CAPCOA estimates, fee implementation of additional parking space has a potential to achieve a maximum of up to 15.7 percent VMT redu ction for the Project’s multifamily uses.
• Although proposed Project design features such as pedestrian and bicycle improvements have the potential to reduce the Projec t vehicle VMT and act as VMT mitigation measures, the Project cannot mitigate VMT impacts to a less than significant level; therefore, the Project would conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b).
Prior to issuance of any building or occupancy
permits.
Project Applicant / City of Menifee, City
Traffic/Transportation Manager
Refer to MM LU-1, above.
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\\lsaazfiles.file.core.windows.net\projects\CIM2106 MVSP EIR\06 Final EIR\MVSP Final EIR RTC.docx (12/20/23) 4-14 Table 7.A: Mitigation and Monitoring Reporting Program
Draft EIR Mitigation Measures (MM) and Regularly Compliance Measures (RCM) Timing Responsible Party / Approving Agency Date Completed and Initials
4.18 Tribal Cultural Resources
RCM TCR-1: Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of ground -disturbing activities (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:
• One or more of the following treatments, in order of preference, shall be employed with the Tribes. Evidence of such shall be provided to the City of Menifee Community Development Department:
o Preservation-in-Place of the Cultural Resources, If Feasible. Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources. o Reburial of the Resources on the Project Property. The measures for reburial shall include, at least, the following: Measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all lega lly required cataloging and basic recordation have been completed, with an exception that sacred items, burial goods, and Native American human remains are excluded. Any reburial process shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase IV Report. The Phase IV Report shall be filed with the City under a confidential cover and will not be subject to Public Records Requests.
If preservation in place or reburial is not feasible, then the resources shall be curated in a culturally appropriate manner at a Riverside County curation facility that meets State Resources Department Office of Historic Preservation Guidelines for the Curation of Archaeological Resources, thereby ensuring access and use pursuant to the Guidelines. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation. Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that all fees have been paid, shall be provided by the landowner to the City.
There shall be no destructive or invasive testing on sacred items, items of Native American Cultural Patrimony, burial goods, and Native American human remains. Results concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report.
During ground-disturbing construction
activities.
Project Applicant and Construction
Contractor / City of Menifee, Community
Development Department
RCM TCR-2: Non-Disclosure of Location Reburials. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requir ements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r), parties and Lead Agencies will be asked to withhold public disclosure information related to such re burial, pursuant to the specific exemption set forth in California Government Code 6254 (r).
During construction activities. Project Applicant, Construction Contractor, and County Coroner / City of Menifee
RCM TCR-3: Native American Monitoring (Pechanga Band of Indians). Tribal monitor(s) shall be required on site during all ground -disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a s igned contract between the above -named Tribe and the land divider/permit holder for the monitoring of the Project to the Communit y Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist.
Prior to issuance of any grading permits.
During ground-disturbing construction
activities, including grading, stockpiling of
materials, engineered fill, rock crushing, etc.
Developer and Qualified Tribal Monitor(s)
from the Pechanga Band of Indians / City of
Menifee, Community Development
Department and Engineering Department
RCM TCR-4: Native American Monitoring (Soboba Band of Luiseño Indians). Tribal monitor(s) shall be required on site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Soboba Band of Luiseño Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above -named Tribe and the land divider/permit holder for the monitoring of the Project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist.
Prior to issuance of any grading permits.
During ground-disturbing construction
activities, including grading, stockpiling of
materials, engineered fill, rock crushing, etc.
Developer and Qualified Tribal Monitor (s)
from the Soboba Band of Luiseño Indians /
City of Menifee, Community Development
Department and Engineering Department
MM TCR-1: Cultural Resource ESA Fencing . Prior to any ground disturbing activities of the area that encompasses CA -RIV-3249, the Project Archaeologist and Tribal monitors shall ensure that appropriate temporary fencing is installed (i.e., orange fabric/barrier fencing) around the resource to prevent any unintentional disturbances during ground disturbing activities on the Project site. The fencing will be installed before clearing and grubbing and will not be removed until all earthmoving activities within the immediate vicinity of the resource have been completed. The Project Archaeologist and Pechanga Tribal monitor will be on site to monitor the fence installation and removal and will conduct daily inspections of the fencing to make sure that it is intact and has not been breached.
Prior to any ground disturbing activities of the
area that encompasses CA-RIV-3249.
Project Archaeologist and Tribal Monitors /
City of Menifee, Community Development
Department and Engineering Department
MM TCR-2: Relocation and Reburial of CA -RIV-12345. Prior to ground disturbance of the area that encompasses CA -RIV-12345, the Project Archaeologist and Tribal Monitors shall identify and collect elements of the site for reburial in open space. It is anticipated that reburial can occur within the Project’s designated open space; however, given that there is an existing cultural resource site within the open space, the reburial location shall be reviewed by the Tribe to confirm it is located outside of the existing site boundary.
Prior to ground disturbance of the area that
encompasses CA-RIV-12345.
Project Archaeologist and Tribal Monitors /
City of Menifee, Community Development
Department and Engineering Department
Refer to MM CUL-1, above.
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\\lsaazfiles.file.core.windows.net\projects\CIM2106 MVSP EIR\06 Final EIR\MVSP Final EIR RTC.docx (12/20/23) Table 7.A: Mitigation and Monitoring Reporting Program
Draft EIR Mitigation Measures (MM) and Regularly Compliance Measures (RCM) Timing Responsible Party / Approving Agency Date Completed and Initials
4.19 Utilities and Service Systems
RCM UT-1: Prior to building permit issuance by the City of Menifee (City) for commercial and industrial land uses, and prior to occupancy for residential land uses, the most current Development Impact Fees (DIFs) for the applicable project land uses shall be paid as calculated by the City. The grading permit for respective land uses would be issued by the City once there is proof that the appropriate Development Impact Fees have been paid.
Prior to the issuance of any building permits for
commercial and industrial land uses and prior
to occupancy for residential land uses.
Project Applicant / City of Menifee
RCM UT-2: Prior to project construction, the Eastern Municipal Water District (EMWD) has required the developer of the Project to meet with EMWD staff to establish development design conditions, which will detail water, wastewater, and recycled water requirements to serve the Project. If there is a change in the circumstances detailed in the Water Supply Assessment (WSA), EMWD will address the changes in the development design conditions for the Project. The project applicant shall provide proof to the City of Menifee Community Development Department that a meeting with EMWD has occurred.
Prior to the commencement of construction
activities.
Project Developer / City of Menifee,
Community Development Department
4.20 Wildfire
Refer to RCM TRA-1, above.
Source: Compiled by LSA (2023).