Murrieta Road Warehouse Project 4.0 Mitigation Monitoring and Reporting Program City of Menifee 4-1
Final EIR
September 2024
4. Mitigation Monitoring and Reporting Program
4.1 INTRODUCTION
The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or carries out a project for which an Environmental Impact Report has been certified which identifies one or more significant adverse environmental effects and where findings with respect to changes or alterations in the project have been made, to adopt a “…reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment” (CEQA, Public Resources Code Sections 21081, 21081.6).
A Mitigation Monitoring and Reporting Program (MMRP) is required to ensure that adopted mitigation measures are successfully implemented for the Murrieta Road Warehouse Project (Project). The C ity of Menifee is the Lead Agency for the Project and is responsible for implementation of the MMRP. This section describes the MMRP for the Project and identifies the parties that will be responsible for monitoring implementation of the individual mitigation measures in the MMRP.
4.2 MITIGATION MONITORING AND REPORTING PROGRAM
The MMRP for the Project will be active through all phases of the Project, including design, construction, and operation. The attached table identifies the mitigation program required to be implemented by the City for the Murrieta Road Warehouse Project. The table identifies the Standard Conditions of Approval; Plans, Programs, and Policies (PPPs); Project Design Features (PDFs); and Mitigation Measures required by the City to mitigate or avoid significant adverse impacts associated with the implementation of the Project, the timing of implementation, and the responsible party or parties for monitoring compliance.
The MMRP also includes a column that will be used by the compliance monitor (individual responsible for monitoring compliance) to document when implementation of the measure is completed. As the PPPs and Mitigation Measures are completed, the compliance monitor will sign and date the MMRP, indicating that the required actions have been completed.
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Table 4-1: Mitigation Monitoring and Reporting Program
Murrieta Road Warehouse Project Final EIR
Standard Condition/ Plan, Program, Policy (PPP) / Mitigation Measure / Condition of Approval / Project Design Feature (PDF) Timing Responsible for Ensuring Compliance / Verification
Date Completed
and Initials
AIR QUALITY
Plan, Program, or Policy (PPP) AQ-1: SCAQMD Rule 403. The Project is required to comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 403, which includes the following:
• All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions.
• The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the mid-morning, afternoon, and after work is done for the day. • The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less.
In construction plans and
specifications. Prior to
construction permits.
City of Menifee
Engineering/Public Works
Department and SCAQMD.
Plan, Program, or Policy ( PPP) AQ-2: SCAQMD Rule 1113. The Project is required to comply with the provisions of South Coast Air Quality Management District Rule (SCAQMD) Rule 1113. Only “Low-Volatile Organic Compounds” paints (no more than 50 gram/liter of VOC) and/or High Pressure Low Volume (HPLV) applications shall be used.
In construction plans and
specifications. Prior to
construction permits.
City of Menifee Building &
Safety Division and
SCAQMD.
Plan, Program, or Policy (PPP) AQ-3: Rule 402. The Project is required to comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 402. The Project shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, de triment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natur al tendency to cause, injury or damage to business or property.
In construction plans and
specifications. During
Project operation. Prior
to grading and building
permits.
City of Menifee Building &
Safety Division,
Engineering/Public Works
Department, and SCAQMD.
Plan, Program, or Policy (PPP) AQ-4: Rule 1470 – Requirements for Stationary Diesel-Fueled Internal Combustion and Other Compression Ignition Engines. The Project is required to obtain a permit from SCAQMD for the proposed diesel fire pump and would be required to comply with Rule 1470, regulating the use of diesel-fueled internal combustion engines.
Prior to issuance of
certificates of occupancy
permits.
City of Menifee Building &
Safety Division and
SCAQMD.
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Date Completed
and Initials
Plan, Program, or Policy PPP AQ-5 : Rule 2305 - Rule 2305:
Warehouse Indirect Source Rule - Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program. The Project is required to comply with the provisio ns of South Co ast Air Quality Management District (SCAQMD) Rule 2305 and Rule 316.
P rior to issuance of
certificates of occupancy
permits.
City of Menifee Building &
Safety Division and
SCAQMD.
BIOLOGICAL RESOURCES
Plan, Program, or Policy (PPP) BIO-1: California Fish and Game Code, Sections 3503.5, 3511, 3515. Section 3503.5 of the California Fish and Game Code states that it is “unlawful to take, possess, or destroy any birds in the order Falconiformes or Strigiformes (birds of prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto.” Activities that result in the abandonment of an active bird of prey nest may also be considered in violation of this code. In addition, California Fish and Game Code, Section 3511 prohibits the taking of any bird listed as fully protected, and California Fish and Game Code, Section 3515 states that is it unlawful to take any non- game migratory bird protected under the MBTA.
Prior to the issuance of
grading permits.
Qualified biologist and City
of Menifee Community
Development Department.
Mitigation Measure BIO -1: Burrowing Owl Pre -construction Surveys . A 30-day preconstruction survey is required prior to the commencement of project activities (e.g., vegetation clearing, clearing and grubbing, tree removal, site watering) to ensure that no owls have colonized the site in the days or weeks preceding project activities. A qualified biologist shall conduct the survey and submit the results of the survey to the City of Menifee Planning Division prior to obtaining a grading permit.
If burrowing owl are not detected during the preconstruction survey, no further mitigation is required. If active burrowing owl burrows are detected during the breeding season, the on -site biologist will review and establish a conservative avoidance buffer surrounding the nest based on their best professional judgment and experience and verify compliance with this buffer and will verify the nesting effort has finished. Work can resume when no other active burrowing owl nesting efforts are observed
within th e established
buffer area. If active burrowing owl burrows are detected outside the breeding season, then passive and/or active relocation pursuant to a Burrowing Owl Plan that shall be prepared by the Applicant and approved by the City in consultation with CDFW, or the Project Developer shall stop construction activities within the buffer zone established around the active nest and shall not resume construction activities until the nest is no longer active.
Prior to the
commencement of
Project activities (e.g.,
vegetation clearing,
clearing and grubbing,
tree removal, site
watering).
Q ualified biologist and City
of Menifee Community
Development Department.
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Date Completed
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The Burrowing Owl Plan shall be prepared in accordance with guidelines in the MSHCP. Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when determined to be unoccupied and backfilled to ensure that animals do not reenter the holes/dens.
If ground-disturbing activities occur but the site is left undisturbed for more than 30 days, a preconstruction survey will again be required to ensure burrowing owl has not colonized the site since it was last disturbed. If burrowing owl is found, the same coordination described above shall be required.
Mitigation Measure BIO -2: Nesting Bird Survey. Vegetation removal is recommended to be conducted during the non -nesting season for migratory birds to avoid direct impacts. The non -nesting season is between September 1 and January 31. If vegetation removal occurs during the migratory bird nesting season, between February 1 and August 31, pre -construction nesting bird surveys shall be performed within three days prior to vegetation removal or ground disturbing activities. The biologist conducting the clearanc e survey shall document a negative survey with a brief letter report indicating that no impacts to active avian nests will occur. If active nests are found during nesting bird surveys, they shall be flagged and a no -disturbance buffer (generally 300 feet f or migratory and non -migratory songbirds and 500 feet for raptors and special status species) shall be determined by the biologist and will depend on the level of noise and/or surrounding anthropogenic disturbances, line of sight between the nest and the c onstruction activity, ambient noise, species habituation, and topographical barriers. These factors will be evaluated on a case-by-case basis when developing buffer distances.
Limits of construction to avoid an active nest will be established in the field with flagging, fencing, or other appropriate barriers; and construction personnel will be instructed on the sensitivity of nest areas. A biological monitor should be present to delineate the boundaries of the buffer area and to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity. A biological monitor shall visit the site a minimum of once a week during ground disturbing activities to ensure all fencing is in place and no sensitive species are being impacted. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, construction activities within the buffer area can occur.
Prior to the issuance of
grading permits. Conduct
take avoidance surveys
for nesting birds if
vegetation removal
occurs during nesting
bird season. Submittal of
pre-activity nesting bird
field survey results
report (during Feb 1 –
Aug 31). Three days
prior to initiating
vegetation
removal/clearing.
Qualified biologist and City
of Menifee Community
Development Department.
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Date Completed
and Initials
CULTURAL RESOURCES
Mitigation Measure CUL -1: Cultural Resources Monitoring Program.
Monitoring during ground-disturbing activities, such as grading or trenching, by a qualified archaeologist is required to ensure that if buried features (i.e., human remains, hearths, or cultural deposits) are present, they will be handled in a timely and proper manner. The scope of the monitoring program is provided below:
• Prior to issuance of a grading permit, the applicant shall provide written verification that a certified archaeologist has been retained to implement the monitoring program. This verification shall be presented in a letter from the project archaeologist to the lead agency.
• The project applicant shall provide Native American monitoring during grading. The Native American monitor shall work in concert with the archaeological monitor to observe ground disturbances and search for cultural materials.
• The certified archaeologist shall attend the pregrading meeting with the contractors to explain and coordinate the requirements of the monitoring program.
• During the original cutting of previously undisturbed deposits, the archaeological monitor(s) and tribal representative shall be on -site, as determined by the consulting archaeologist, to perform periodic inspections of the excavations. The frequency of in spections will depend upon the rate of excavation, the materials excavated, and the presence and abundance of artifacts and features. The consulting archaeologist shall have the authority to modify the monitoring program if the potential for cultural resources appears to be less than anticipated. • Isolates and clearly non-significant deposits will be minimally documented in the field so the monitored grading can proceed.
• Before construction activities are allowed to resume in the affected area, the artifacts shall be recovered, and features recorded using professional archaeological methods. The project archaeologist shall determine the amount of material to be recovered for an adequate artifact sample for analysis.
• All cultural material collected during the grading monitoring program shall be processed and curated according to the current professional repository standards. The collections and associated records shall be Prior to issuance of
permits required to
conduct ground-
disturbing activities.
Qualified archaeologist and
City of Menifee Community
Development Department.
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Date Completed
and Initials
transferred, including title, to an appropriate curation facility, to be accompanied by payment of the fees necessary for permanent curation. • A report documenting the field and analysis results and interpreting the artifact and research data within the research context shall be completed and submitted to the satisfaction of the lead agency prior to the issuance of any building permits. The report will include Department of Parks and Recreation Primary and Archaeological Site Forms.
Standard Condition CUL -1: Inadvertent Archeological 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. Uniqu e cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importanc e as determined in consultation with the Native American Tribe(s).
a) All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s), and the Community Development Director to discuss the significance of the find. b) 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 mitigation (documentation, recovery, avoidance, etc.) for the cultural resources.
c) 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.
d) Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan 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 re-burial on the Project property so they are not subject to further disturbance in perpetuity as identified in Non-Disclosure of Reburial Condition.
During ground-disturbing
activities.
Qualified archaeologist and
City of Menifee Community
Development Department.
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Date Completed
and Initials
Pursuant to California Public Resources Code Section21083.2(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 C ity Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, and recommendations of the project archaeologist and shall take into account the cultural and religious principles 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 Planning Commission and/or City Council.”
Standard Condition CUL-2: Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:
a) 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:
i. 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.
ii. 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 legal ly 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 t he 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 not subject to Public Records Request.
iii. 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 During ground-disturbing
activities.
Qualified archaeologist and
City of Menifee Community
Development Department.
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Date Completed
and Initials
Office of Historic Preservation Guidelines for the Curation of Archaeological Resources 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, burial goods and Native American human remains. Results concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report.
Standard Condition CUL -3: Archeologist 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 and etc. The Project Archaeologist and the Tribal monitor(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identificatio n, e valuation, and potential recovery of cultural resources in 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 ensure 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 consultatio n process, and has completed AB During ground-disturbing
activities and prior to
first building permit.
Qualified archaeologist and
City of Menifee Community
Development Department.
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Date Completed
and Initials
52 consultation with the City as provided for in California Public Resources Code Section 21080.3.2(b)(1) of AB 52. Details in the Plan shall include:
a) Project grading and development scheduling;
b) The Project archaeologist and the Consulting Tribe(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 identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in t he event inadvertent discoveries 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;
c) 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.
Standard Condition CUL -4: Archeology Report - Phase III and IV. Prior to final inspection of the first building permit associated with each phase of grading, the developer/permit holder shall prompt the Project Archaeologist to submit two (2) copies of the Phase III Data Recovery report (if conducted for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such report s. The Phase IV report shall include evidence 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 mitigat
ion compliance. Provided the
reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Consulting Tribe(s) Cultural Resources Department(s).
Prior to final inspection
of the first building
permit associated with
each phase of grading.
Qualified archaeologist and
City of Menifee Community
Development Department.
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Date Completed
and Initials
ENERGY
Plan, Program, or Policy (PPP) E-1: CalGreen Compliance: The Project is required to comply with the CalGreen Building Code to ensure efficient use of energy. CalGreen specifications are required to be incorporated into building plans as a condition of building permit approval.
Prior to issuance of
building permits.
City of Menifee Building &
Safety Division.
GEOLOGY AND SOILS
Mitigation Measure GEO -1: Paleontological Resource Impact Mitigation Program (PRIMP). Prior to issuance of grading permits, the applicant shall retain a qualified paleontologist approved by the City of Menifee to create and implement a PRIMP, subject to the guidelines outlined below, and the guidelines of the Society of Vertebrate Paleontology (2010) for any mass grading and excavation -related activities, including utility trenching, during construction within the property. This PRIMP, when implemented, would reduce potential impacts to paleontological resources to a level below significant:
1. The project paleontologist shall participate in a pre -construction project meeting with development staff and construction operations to ensure an understanding of any mitigation measures required during construction, as applicable.
2. Monitoring of mass grading and excavation activities in areas identified as likely to contain paleontological resources shall be performed by a qualified paleontologist or paleontological monitor supervised by a qualified paleontologist. Starting at five f eet below the surface, monitoring shall be conducted full-time in areas of grading or excavation in undisturbed Pleistocene very old alluvial fan deposits. Earthmoving activities in areas of the project area where previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level.
3. Paleontological monitors shall be equipped to salvage fossils as they are unearthed to avoid construction delays. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens in a timely manner. Mon itoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or, if present, are determined upon exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. The monitor shall notify the project paleontologist, who will then notify the concerned parties of the discovery.
Prior to issuance of
grading permits.
Qualified paleontologist
and City of Menifee
Community Development
Department.
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4. If fossil remains are encountered by earthmoving activities when the project paleontologist is not onsite, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains.
5. Paleontological salvage during trenching and boring activities is typically from the generated spoils and does not delay the trenching or drilling activities. Fossils are collected and placed in cardboard flats or plastic buckets and identified by field nu mber, collector, and date collected.
Notes are taken on the map location and stratigraphy of the site, which is photographed before it is vacated and the fossils are removed to a safe place. On mass grading projects, discovered fossil sites are protected b y flagging to prevent them from being overrun by earthmovers (scrapers) before salvage begins. Fossils are collected in a similar manner, with notes and photographs being taken before removing the fossils. If the site involves remains from a large terrestrial vertebrate, such as large bone(s) or a mammoth tusk, that is/are too large to be easily removed by a single monitor, a fossil recovery crew shall excavate around the find, encase the find within a plaster and burlap jacket, and remove it after the plaster is set. For large fossils, use of the contractor’s construction equipment may be solicited to help remove the jacket to a safe location.
6. Particularly small invertebrate fossils typically represent multiple specimens of a limited number of organisms, and a scientifically suitable sample can be obtained from several five-gallon buckets of fossiliferous sediment. If it is possible to dry scree n the sediment in the field, a concentrated sample may consist of one or two buckets of material. For vertebrate fossils, the test is usually the observed presence of small pieces of bones within the sediments. If present, as multiple five -gallon buckets of sediment can be collected and returned to a separate facility to wet- screen the sediment.
7. In accordance with the “Microfossil Salvage” section of the SVP guidelines (2010:7), bulk sampling and screening of fine -
grained sedimentary
deposits (including carbonate -rich paleosols) must be performed if the deposits are identified to possess indicatio ns of producing fossil “microvertebrates” to test the feasibility of the deposit to yield fossil bones and teeth.
8. In the laboratory, individual fossils are cleaned of extraneous matrix, any breaks are repaired, and the specimen, if needed, is stabilized by soaking in an archivally approved acrylic hardener (e.g., a solution of acetone and Paraloid B-72).
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9. Recovered specimens are prepared to a point of identification and permanent preservation (not display), including screen-washing sediments to recover small invertebrates and vertebrates. Preparation of individual vertebrate fossils is often more time-consuming than for accumulations of invertebrate fossils.
10. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage (e .g., the W SC) shall be conducted. The paleontological program should include a written repository agree ment prior to the initiation of mitigation activities. P rior to curation, the lead agency (the City of Menifee) will be consulted on the repository/museum to receive the fossil material.
11. A final report of findings and significance will be prepared, including lists of all fossils recovered and necessary maps and graphics to accurately record their original locatio n(s). The repo rt shall be submitted to the Community Development Department for review and approval prior to building final inspection as described elsewhere in these conditions. When the final report of findings is accepted by the Community Development Director it will signify satisfactory completion of the project program to mitigate impacts to any potential nonrenewable paleonto logical resources (i.e., fossils) that might have been lost or otherwise adversely affected without such a program in place.
12. All reports shall be signed by the pro ject paleontologist and all othe r professionals responsible for the report's content (e.g. Professional Geologist, Professional Engineer, etc.), as appropriate. Two wet-s igned original copies of the report shall be submitted directly to the Community Development Department alo ng with a copy of this condition, de posit- based fee and the grading plan for appropriate case processing and tracking.
GREENHOUSE GAS EMISSIONS
Mitigation Measure GHG-1: Prior to issuance of tenant occupancy permits, the Project applicant shall be required to install a minimum 101.3 kW DC solar photovoltaic (PV) system or offset an equivalent amount of energy demand through the purchase of renewable energy or implementation of alternative renewable measures, subject to approval by the Community Development Director or his/her designee and SCE. The final PV generation facility size requires approval by Southern California Edison (SCE). SCE’s Rule 21 governs operating and metering requirements for any facility connected to SCE’s distribution system. Should SCE limit the off -site export, the Project Prior to issuance of
tenant occupancy
permits.
City of Menifee Community
Development Department.
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Date Completed
and Initials
may utilize a battery energy storage system (BESS) to lower off -site export while maintaining on- site renewable generation to off -set consumption. The building shall include an electrical system and other infrastructure sufficiently sized to accommodate the PV arrays. The electrical system and infrastructure must be clearly labeled with noticeable and permanent signage. In addition, to ensure that the Project’s electrical room(s) is sufficiently sized to accommodate the potential need for additional electrical panels, either (1) a secondary electrical room shall be provided in the building, or (2) the primary electrical room shall be sized 25 percent larger than is required to satisfy the service requirements of the building or the electrical gear shall be i nstalled with the initial construction with 25 percent excess demand capacity.
Mitigation Measure GHG-2: Prior to issuance of tenant occupancy permits, Project operators with more than 100 employees shall prepare and submit to the Community Development Director or designee, a Transportation Demand Management (TDM) program detailing strategies that would reduce the use of single -occupant vehicles by employees by increasing the number of trips by walking, bicycle, carpool, vanp ool, and transit. The TDM shall include, but is not limited to the following:
• Provide a transportation information center and on-site TDM coordinator to educate residents, employers, employees, and visitors of surrounding transportation options.
• Incorporate bicycle parking and storage, and self-service bicycle repair areas.
• Provide employee break areas as well as kitchen amenities for employees to prepare and/or heat meals.
• Promote a ride- matching service (e.g., bulletin boards, website, smartphone application) to connect carpool participants and provide preferential parking for rideshare vehicles to support
carpool/vanpool/rideshare transportation modes.
• Post Riverside Transportation Authority schedules in conspicuous areas. • Reference Riverside Transportation Authority schedules when creating employees’ operating schedules.
Prior to issuance of
tenant occupancy
permits.
City of Menifee Community
Development Department.
Mitigation Measure GHG- 3: Prior to the issuance of tenant occupancy permits, the City of Menifee Building and Safety Division shall confirm that the Project does not include cold storage equipment for warehousing Prior to issuance of
tenant occupancy
permits.
City of Menifee Community
Development Department
City of Menifee Building
and Safety Division.
Murrieta Road Warehouse Project 4. Mitigation Monitoring and Reporting Program City of Menifee 4-15
Final EIR
September 2024
Standard Condition/ Plan, Program, Policy (PPP) / Mitigation Measure / Condition of Approval / Project Design Feature (PDF) Timing Responsible for Ensuring Compliance / Verification
Date Completed
and Initials
purposes. Cold storage was not included in the analysis for the EIR and is therefore prohibited.
Mitigation Measure GHG- 4: The tenant shall provide information packet that:
• Provides information on incentive programs, such as the Carl Moyer Memorial Air Quality Standards Attainment Program (Moyer Program), and other similar funding opportunities, by providing applicable literature available from the California Air Resources Board (CARB). The Moyer Program On - Road Heavy -Duty Vehicles Voucher Incentive Program (VIP) provides funding to individuals seeking to purchase new or used vehicles with 2013 or later model year engines to replace an existing vehicle that is to be scrapped.
• Provides information on the United States Environmental Protection Agency’s SmartWay program and tenants shall be encouraged to use carriers that are SmartWay carriers.
Prior to issuance of
tenant occupancy
permits.
City of Menifee Community
Development Department.
Mitigation Measure GHG-5: Prior to issuance of Certificate of Occupancy, the Project shall be required to (1) provide twenty percent (20%) of the employee parking stalls on -site as "EV ready", with all necessary conduit installed, and (2) provide five percent (5%) of the twenty per cent (20%) of the employee parking stalls on -
site equipped with working Level 2
Quickcharge EV charging stations installed and operational. Signage shall be installed indicating EV charging stations/stalls and specifying stalls th at are reserved for clean air/EV vehicles.
Prior to issuance of
certificates of occupancy.
City of Menifee Community
Development Department
Mitigation Measure GHG-6: The development shall divert a minimum of 75 percent of landfill waste. Prior to issuance of certificate of tenant occupancy permits, a recyclables collection and load area shall be constructed in compliance with County standards for Recyclable Collection and Loading Areas, and the facility’s operator shall be required to provide the City with a copy of the Project’s recycling program. This mitigation measure applies only to tenant permits and not the building shell approvals.
Prior to issuance of
tenant occupancy
permits.
City of Menifee Community
Development Department.
Mitigation Measure GHG-7: Prior to issuance of building permits, building plans shall identify the location of future electric truck charging stations (minimum of three) and install conduit to those spaces.
Prior to issuance of
building permits.
City of Menifee Community
Development Department.
Murrieta Road Warehouse Project 4. Mitigation Monitoring and Reporting Program City of Menifee 4-16
Final EIR
September 2024
Standard Condition/ Plan, Program, Policy (PPP) / Mitigation Measure / Condition of Approval / Project Design Feature (PDF) Timing Responsible for Ensuring Compliance / Verification
Date Completed
and Initials
Mitigation Measure GHG- 8: Prior to the issuance of tenant occupancy permits, the City of Menifee Building and Safety Division shall confirm that the Project does not include conveyance of natural gas utility lines and that the Project will not use natural gas cargo handling equipme nt and shall be electric and non-diesel powered, per contemporary industry standards and as required City of Menifee Good Neighbor Policies.
Prior to issuance of
tenant occupancy
permits.
City of Menifee Community
Development Department.
City of Menifee Building
and Safety Division.
Project Design Feature ( PDF) GHG-1: Tier 4 Interim Construction Equipment. In order to comply with the City of Menifee Good Neighbor Policies the Project Applicant has agreed to utilize Tier 4 Interim compliant construction equipment. Prior to grading permits, the City of Menifee Building and Safety Division shall confirm that t he Project utilizes at minimum, Tier 4 Interim compliant construction equipment (or electric) as well as Tier 4 Interim compliant final engines. Offroad construction equipment shall be consistent with, and meet, at minimum, Tier 4 Interim standards as specified in Title 40 of the Code of Federal Regulations Part 1039. The Project shall also be required to keep construction equipment maintenance records and data sheets, which includes equipment design specificati ons and equipment emission control tier classifications, as well as any other records necessary to verify compliance with items listed above. Maintenance records shall be kept on-site and furnished to the City upon request.
The following exemption shall apply, where the Project Applicant establishes to the satisfaction of the City of Menifee that Tier 4 interim Final 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 and corresponding reductions in criteria air poll utant emissions are achieved from other construction equipment to the maximum extent feasible. Before an exemption may be considered by t he City, the Project Applicant shall be required to demonstrate that at least two construction fleet owners/operators were contacted and that those owners/operators confirmed Tier 4 interim Final equipment is not/would not be available. In order to meet th is requirement to demonstrate that such equipment is not available, the Applicant must seek bids/proposals from contractors of large fleets, defined by the CARB as, “A fleet with a total max hp (as defined below) greater than 5,000 hp.” In the event that Tier 4 interim Final equipment is not available, Tier 3 equipment shall be used.
Prior to issuance of
grading permits.
City of Menifee Community
Development Department.
City of Menifee Building
and Safety Division.
Murrieta Road Warehouse Project 4. Mitigation Monitoring and Reporting Program City of Menifee 4-17
Final EIR
September 2024
Standard Condition/ Plan, Program, Policy (PPP) / Mitigation Measure / Condition of Approval / Project Design Feature (PDF) Timing Responsible for Ensuring Compliance / Verification
Date Completed
and Initials
HYDROLOGY AND WATER QUALITY
Plan, Program, or Policy (PPP) HYD-1: NPDES/SWPPP. Prior to issuance of any grading permits, the applicant shall provide the City Building and Safety Department evidence of compliance with the NPDES (National Pollutant Discharge Elimination System) requirement to obtain a construction permit from the State Water Resource Control Board (SWRCB). The permit requirement applies to grading and construction sites of one acre or larger.
The Project applicant/proponent shall comply by submitting a Notice of Intent (NOI) and by developing and implementing a Stormwater Pollution Prevention Plan (SWPPP) and a monitoring program and reporting plan for the construction site.
Prior to issuance of a
demolition or grading
permits.
City of Menifee
Engineering/Public Works
Department.
City of Menifee Building
and Safety Division.
Plan, Program, or Policy (PPP) HYD-2: WQMP. Prior to the approval of the Grading Plan and issuance of Grading Permits a completed Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Building and Safety Department. The WQMP shall identify all Post - Construction, Site Design, Source Control, and Treatment Control Best Management Practices (BMPs) that will be incorporated into the development project in order to minimize the adverse effects on receiving waters.
Prior to issuance of a
grading permit.
City of Menifee
Engineering/Public Works
Department.
City of Menifee Building
and Safety Division.
NOISE
Plan, Program, or Policy (PPP) NOI-1: Construction Noise. The Menifee Municipal Code Section 8.01.010 permits construction activities Monday through Saturday from 6:30 a.m. to 7:00 p.m. and prohibits construction on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer.
During
grading/excavation, and
construction activities.
City of Menifee Community
Development Department.
City of Menifee Building
and Safety Division.
Plan, Program, or Policy (PPP) NOI-2: Off -site Construction Noise on Ethanac Road. Construction associated with the proposed off-site storm drain line improvement, specifically the portion of construction of the offsite storm drain line improvement on Ethanac Road within the City of Perris Jurisdiction, is required to adhere to the const ruction noise hours permitted by Section
7.34.060 of the Perris Municipal Code which states: construction is permitted between the hours of 7:00 a.m. and 7:00 p.m., and is n ot permitted on Sundays or on any legal holiday, with the exception of Columbus Day and Washington’s birthday.
During
grading/excavation, and
construction activities.
City of Menifee Community
Development Department.
Murrieta Road Warehouse Project 4. Mitigation Monitoring and Reporting Program City of Menifee 4-18
Final EIR
September 2024
Standard Condition/ Plan, Program, Policy (PPP) / Mitigation Measure / Condition of Approval / Project Design Feature (PDF) Timing Responsible for Ensuring Compliance / Verification
Date Completed
and Initials
Project Design Feature (PDF) NOI-1: Construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturers’ standards.
During
grading/excavation, and
construction activities.
City of Menifee Building &
Safety Division and
Engineering/Public Works
Department.
Project Design Feature ( PDF) NOI-2: All stationary construction equipment shall be placed in such a manner so that the emitted noise is directed away from any sensitive receivers.
During
grading/excavation, and
construction activities.
City of Menifee Community
Development Department
and Engineering/Public
Works Department.
Project Design Feature ( PDF) NOI-3: Construction equipment staging areas shall be located at the greatest feasible distance between the staging area and the nearest sensitive receivers.
During
grading/excavation, and
construction activities.
City of Menifee Community
Development Department
and Engineering/Public
Works Department.
Project Design Feature ( PDF) NOI-4: The construction contractor shall limit equipment and material deliveries to the same hours specified for construction equipment (between the hours of 6:30am to 7:00pm, with no deliveries allowed on Sundays and nationally recognized holidays.
During
grading/excavation, and
construction activities.
City of Menifee Community
Development Department
and Engineering/Public
Works Department.
Project Design Feature ( PDF) NOI-5: Electrically powered air compressors and similar power tools shall be used, when feasible, in place of diesel equipment.
During
grading/excavation, and
construction activities.
City of Menifee Community
Development Department
and Engineering/Public
Works Department.
Project Design Feature ( PDF) NOI-6: No music or electronically reinforced speech from construction workers shall be allowed.
During
grading/excavation, and
construction activities.
City of Menifee Community
Development Department
and Engineering/Public
Works Department.
PUBLIC SERVICES
Plan, Program, or Policy (PPP) PS-1: Development Impact Fees. The applicant shall pay all applicable development impact fees including but not limited to Development Impact Fee (DIF), Multi-Species Habitat Conservation Plan (MSHCP), Quimby (Parks and Rec), Stephen’s Kangaroo Rat (KRAT), School Fees, Transportation Uniform Mitigation Fee (TUMF), Road and Bridge Benefit District (RBBD), and Area Drainage Plan (ADP).
Prior to issuance of
certificates of occupancy
or prior to building
permit final inspection.
City of Menifee Community
Development Department.
TRANSPORTATION
Project Design Feature (PDF) TRA-1: Sidewalks. The Project would construct 6-foot-wide sidewalks along the Project’s frontage on Geary Street, Murrieta Road and the new driveway south of the building.
Prior to issuance of
certificates of occupancy.
City of Menifee
Engineering/Public Works
Department.
Murrieta Road Warehouse Project 4. Mitigation Monitoring and Reporting Program City of Menifee 4-19
Final EIR
September 2024
Standard Condition/ Plan, Program, Policy (PPP) / Mitigation Measure / Condition of Approval / Project Design Feature (PDF) Timing Responsible for Ensuring Compliance / Verification
Date Completed
and Initials
TRIBAL CULTURAL RESOURCES
Mitigation Measure TCR -1: Native American Monitoring (Pechanga & Soboba). Tribal monitor(s) from both tribes 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, as well as the Pechanga Band of Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above- mentioned Tribes and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Tribal 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
permits associated with
ground-disturbing
activities;
Monitoring during
ground-disturbing
activities.
City of Menifee Community
Development Department.
Plan, Program, or Policy (PPP) TCR-1: Human Remains. Should human remains or funerary objects be discovered during Project construction, the Project would be required to comply with State Health and Safety Code Section 7050.5, which states that no further disturbance may occur in the vicinity of the body (within a 100 -foot buffer of the find) until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission, which will determine the identity of and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD must complete the inspection within 48 hours of notification by the NAHC.
During ground disturbing
activities.
Qualified archeologist and
City of Menifee Community
Development Department.
Standard Condition TCR -1: Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The county Coroner must be
notified of the find
immediately. The remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the remains are determined to be prehistoric, the Coroner wi ll notify the Native American Heritage Commission (NAHC) within the period specified by law (24 hours). The NAHC will determine and notify a "most likely descendant." With the permission of the landowner or his/her authorized representative, the most likely descendent may inspect the site of the discovery. This inspection During ground disturbing
activities.
Qualified archeologist and
City of Menifee Community
Development Department.
Murrieta Road Warehouse Project 4. Mitigation Monitoring and Reporting Program City of Menifee 4-20
Final EIR
September 2024
Standard Condition/ Plan, Program, Policy (PPP) / Mitigation Measure / Condition of Approval / Project Design Feature (PDF) Timing Responsible for Ensuring Compliance / Verification
Date Completed
and Initials
shall be completed within 48 hours of notification by the NAHC. 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.
Standard Condition 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 requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code section 7927.000, 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 section 7927.000.
During ground disturbing
activities.
Qualified archeologist and
City of Menifee Community
Development Department.