1 of 2 February 27, 2024
PR-2022-001293 (PM, GE)
Planning Case: PR-2022-001293 (Parcel Map and Grading Exception)
Planning
1. The subject property shall be developed and operated substantially as described in the text of this report and as shown on Tentative Parcel Map No. 38174 except for any specific modifications that may be required by these conditions of approval. Changes to the approved design will require further review by the Planning Division; a new application and filing fee may be required.
Prior to Recordation of the Final Map:
2. A Demolition Permit shall be obtained and the existing freestanding barn shall be demolished.
3. A covenant and agreement shall be recorded requiring a copy of the approved Fire Protection Plan be provided to all future owners and require compliance with the Fire Protection Plan and the conditions of approval.
Prior to Grading Permit Issuance:
4. Mitigation Measure MM BIO-2: In accordance with the Burrowing Owl Survey Instructions for the Western Riverside County Multiple Species Habitat Conservation Plan, a 30-day pre-construction survey for burrowing owls shall be required prior to initial ground -disturbing activities (e.g. , vegetation clearing, clearing and grubbing, grading, tree removal, site watering, equipment staging) to ensure that no burrowing owls have colonized the project site prior to the initiation of ground-disturbing activities. If ground-disturbing activities occur, but the site is left undisturbed for more than 30 days, a pre-construction survey shall be completed again to ensure that burrowing owl have not colonized the site since it was last disturbed. If burrowing owl are found, the same coordination described above will be necessary.
If burrowing owls have colonized the project site prior to the initiation of ground -disturbing activities, the project proponent shall immediately inform the Regional Conservation Authority (RCA). A burrowing owl relocation plan shall be prepared and submitted to the RCA and CDFW for review and approval prior to commencement of ground disturbance activities. The burrowing owl relocation plan shall outline methods to relocate any burrowing owls occurring on the project site and ensure compliance with the MSHCP, MBTA, and California Fish and Game Code. If an active burrow is found during the breeding season (February 1 through August 31) occupied burrows shall not be disturbed and shall be provided with a protective buffer unless a qualified biologist verifies through noninvasive means that either: (1) the birds have not begun egg laying, or (2) juveniles from the occupied burrows are foraging independently and are capable of independent survival. The size of the buffer shall depend on the time of year and leve l of disturbance.
5. Mitigation Measure MM BIO -3: The status of listing the Crotch bumble bee under the California Endangered Species Act is currently in litigation. If the litigation is resolved in favor of listing this species prior to the start of construction, a focused survey would be completed. If the species is listed and is found to be present on the site and would be impacted, an Incidental Take Permit from CDFW would be required. The ITP would outline CDFW required onsite and/or offsite mitigation to offset potential impacts from the project to less than significant levels.
EXHIBIT 9 – REVISED CONDITIONS OF APPROVAL
COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT PLANNING DIVISION 2 of 3 February 27, 2024
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6. Mitigation Measure MM BIO -4: If the project grading plans are revised such that grading is extended to the south and within a 300 -feet buffer from riparian habitat in Prenda Creek to the south, then either construction shall avoid the period of April 10 to July 31, or if it will occur during this period, a habitat assessment for riparian birds in that area shall be completed. If this area is deemed to be suitable for least Bell’s vireo, southwestern willow flycatcher or the western yellow- billed cuckoo, then a focused survey shall be conducted to determine presence or absence. If present, additional avoidance and minimization measures shall be implemented as identified by the qualified biologist permitted to conduct the focused surveys for these species.
7. Mitigation Measure MM CUL-1: Prior to grading permit issuance, if there are any changes to the project site design and/or proposed grades, the Applicant and the City shall contact interested tribes to provide an electronic copy of the revised plans for review. Additional consultation shall occur between the City, developer/applicant, and consulting tribes to discuss any proposed changes and review any new impacts and/or potential avoidance/preservation of the cultural resources on the project site. The City and the developer/applicant shall make all attempts to avoid and/or preserve in place as many cultural and paleontological resources as possible that are located on the project site if the site design and/or proposed grades should be revised. In the event of inadvertent discoveries of archaeological resources, work shall temporarily halt until agreements are executed with consulting tribe, to provide tribal monitoring for ground disturbing activities.
8. Mitigation Measure MM CUL -2: At least 30 days prior to application for a grading permit and before any grading, excavation and/or ground disturbing activities take place, the developer/applicant shall retain a Secretary of Interior Standards qualified archaeological monitor to monitor all ground -disturbing activities in an effort to identify any unknown archaeological resources.
a. The project archaeologist, in consultation with consulting tribes, the Developer, and the City, shall develop an Archaeological Monitoring Plan to address the details, timing, and responsibility of all archaeological and cultural activities that will occur on the project site.
Details in the plan shall include:
i. Project grading and development scheduling;
ii. The development of a rotating or simultaneous schedule in coordination with the developer/applicant and the project archaeologist for designated Native American Tribal Monitors from the consulting tribes during grading, excavation, and ground- disturbing ac tivities on the site, including the scheduling, safety requirements, duties, scope of work, and Native American Tribal Monitors’ authority to stop and redirect grading activities in coordination with all project archaeologists;
iii. The protocols and stipulations that the Applicant, tribes, and project archaeologist/paleontologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits, or nonrenewable paleontological resources that shall be subject to a cultural resources evaluation;
iv. Treatment and final disposition of any cultural and paleontological resources, sacred sites, and human remains if discovered on the project site; and v. The scheduling and timing of the Cultural Sensitivity Training notes in mitigation measure MM CUL-4.
9. Mitigation Measure MM CUL -4: Cultural Sensitivity Training: The Secretary of Interior Standards County certified archaeologist and Native American monitors shall attend the pre -grading meeting with the developer/permit holder’s contractors to provide Cultural Sensitivity Training for all construction personnel. This shall include the procedures to be followed during ground disturbance in sensitive areas and protocols that apply in the event that unanticipated resources 3 of 4 February 27, 2024
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are discovered. Only construction personnel who have received this training can conduct construction and disturbance activities in sensitive areas. A sign -in sheet for attendees of this training shall be included in the Phase IV Monitoring Report.
10. Mitigation Measure MM CUL -5: Prior to issuance of a grading permit, the City shall confirm that the final grading plan avoids impacts to the prehistoric bedrock milling site (33 -015434), single- family residence (841 Alpine Meadows Lane), and/or concrete well (QUIN -001H). If the Proje ct development footprint is modified to include direct and/or indirect impacts to the prehistoric bedrock milling site (33 -015434), single -family residence (841 Alpine Meadows Lane), and/or concrete well (QUIN -001H), additional technical studies (i.e., archaeological evaluation report and historical resources evaluation report) shall be required to evaluate the significance of these resources against CRHR criteria. The archaeological evaluation will include, at a minimum, preparation of a Phase II evaluation plan, limited subsurface testing, development of a Native American cultural landscape context to evaluate historical association under Criterion 1, consultation with local Native American tribes and organizations, and prepara tion of an archaeological evaluation report. The historical resources evaluation will include, at a minimum, preparation of DPR 523 forms, architectural assessments, archival research to determine historical association, if any, to persons or events of loc al, state, or national significance, and preparation of a Historical Resources Evaluation Report. Final reports shall be submitted to the City, Project Proponent, consulting tribes, and Eastern Information Center located on the campus of the University of California, Riverside.
11. Add the following Best Management Practices (BMPs), as notes on the Grading Plans , per the project specific MSHCP Consistency Analysis:
a. Water pollution and erosion control plans shall be developed and implemented in accordance with RWQCB [Regional Water Quality Control Board] requirements. b. The footprint of disturbance shall be minimized to the maximum extent feasible. Access to sites shall be via pre-existing access routes to the greatest extent possible. c. Projects should be designed to avoid the placement of equipment and personnel within the stream channel or on sand and gravel bars, banks, and adjacent upland habitats used by target species of concern.
d. Projects that cannot be conducted without placing equipment or personnel in sensitive habitats should be timed to avoid the breeding season of riparian [species] identified in MSHCP Global Species Objective No. 7.
e. Equipment storage, fueling, and staging areas shall be located on upland sites with minimal risks of direct drainage into riparian areas or other sensitive habitats. These designated areas shall be located in such a manner as to prevent any runoff from entering sensitive habitat. Necessary precautions shall be taken to prevent the release of cement or other toxic substances into surface waters. Project related spills of hazardous materials shall be reported to appropriate entities including but not limit ed to applicable jurisdictional city, FWS [U.S. Fish and Wildlife Service], and CDFG [California Department of Fish and Wildlife], [and] RWQCB and shall be cleaned up immediately and contaminated soils removed to approved disposal areas. f. Erodible fill material shall not be deposited into water courses. Brush, loose soils, or other similar debris material shall not be stockpiled within the stream channel or on its banks. g. The removal of native vegetation shall be avoided and minimized to the maximum extent practicable. Temporary impacts shall be returned to pre -existing contours and revegetated with appropriate native species.
h. To avoid attracting predators of the species of concern, the project site shall be kept as clean of debris as possible. All food related trash items shall be enclosed in sealed containers and regularly removed from the site(s).
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i. Construction employees shall strictly limit their activities, vehicles, equipment, and construction materials to the proposed project footprint and designated staging areas and routes of travel. The construction area(s) shall be the minimal area necessary to complete the project and shall be specified in the construction plans. Construction limits will be fenced with orange snow screen. Exclusion fencing should be maintained until the completion of all construction activities. Employees shall be instruc ted that their activities are restricted to the construction areas.
j. The Permittee shall have the right to access and inspect any sites of approved projects including any restoration/enhancement area for compliance with project approval conditions including these BMPs.
Prior to Start of Ground Disturbing Activities:
12. Mitigation Measure MM BIO -1: In order to avoid impacts on nesting birds and raptors (common or special status) clearing, grubbing and grading activities shall be scheduled during the non - breeding season (generally between July 1 and February 28/29 for nesting birds and between July 1 and January 31 for nesting raptors), to the extent practicable. If project timing requires that these construction activities be conducted during breeding season (generally between March 1 and June 30 for birds; between February 1 and June 30 for raptors) , a pre-construction survey or multiple surveys shall be conducted by a qualified biologist no more than 72 hours prior to disturbance to confirm the absence of active nests. If no active nests are found, no further measures would be necessary. However, if the biologists finds an active nest of a bird protected under the MBTA or the California Fish and Game Code and determines that the nest may be impacted by clearing, grubbing or grading activities, the biologist shall identify an appropriate buffer zone a round the nest depending on the sensitivity of the species and the nature of the construction activities. The active nest site shall be protected until the nesting activity has ended to ensure compliance with the MBTA and California Fish and Game Code. Con struction and/or encroachment into the buffer area around a known nest shall only be allowed if the biologist determines that the proposed activity would not disturb the nest occupants.
13. Mitigation Measure MM CUL-3: Treatment and Disposition of Cultural Resources: In the event that Native American cultural resources are inadvertently discovered during the course of grading for the proposed Project, the following procedures will be carried out for treatment and disposition of the discoveries:
a. Consulting Tribes Notified: within 24 hours of discovery, the consulting tribe(s) shall be notified via email and phone. Consulting tribe(s) will be allowed access to the discovery, in order to assist with the significance evaluation.
b. Temporary Curation and Storage: During the course of construction, all discovered resources shall be temporarily curated in a secure location on site or at the offices of the project archaeologist. The removal of any artifacts from the project site will n eed to be thoroughly inventoried with tribal monitor oversight of the process; and c. Treatment and Final Disposition: The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods, and all archaeological artifacts and non- human remains as part of the required mitigation for impacts to cultural res ources. The landowner shall relinquish the artifacts through one or more of the following methods and provide the City of Riverside Community and Economic Development Department with evidence of same:
i. Accommodate the process for on -site reburial of the discovered items with the consulting Native American tribes or bands. This shall include measures and provisions to protect the future reburial area from any future impacts. Reburial shall not occur until all cataloguing and basic recordation have been completed. ii. A curation agreement with an appropriate qualified repository within Riverside County that meets federal standards per 36 CFR Part 79 and therefore will be 5 of 6 February 27, 2024
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professionally curated and made available to other archaeologists/researchers for further study. The collections and associated records shall be transferred, including title, to an appropriate curation facility within Riverside County, to be accompanied by payment of the necessary fees for permanent curation; iii. If more than one Native American tribe or band is involved with the project and cannot come to a consensus as to the disposition of cultural materials, they shall be curated at the Western Science Center or Museum of Riverside by default; and iv. At the completion of grading, excavation, and ground-disturbing activities on the site, a Phase IV Monitoring Report shall be submitted to the City documenting monitoring activities conducted by the project archaeologist and Native American Tribal Monitors within 60 days of completion of grading. This report shall document the type of cultural resources recovered and the disposition of such resources. This report shall be submitted to the City of Riverside, Eastern Information Center, and consulting tribes.
Prior to Building Permit Issuance:
14. Parcel Map No. 39174 shall be recorded.
15. Landscaping and irrigation plans shall be submitted to the Planning Division for a comprehensive Landscape and Irrigation Design Review. A separate application and a filing fee are required.
Landscape plans shall be prepared and wet-stamped by a licensed landscape architect. a. Landscaping and Irrigation Plans shall be approved by the Fire Department, to ensure fire resistant planting.
Standard Conditions:
16. There is a 36-month time limit in which to satisfy the conditions and finalize this action.
17. The Tentative Parcel Map and Grading Exception may be granted time extensions by the Community & Economic Development Director, or their designee, for up to a total of six years beyond the original approval expiration date prior final map recordation. Once a final map has been recorded, the developmen t will be considered vested and time extensions are no longer needed.
Prior to October 6, 2026, if a final map has not been recorded, a time extension request shall be submitted to the Planning Division. The request shall include a letter stating the reasons for the extension of time and associated fee shall be submitted to the Planning Division.
PLEASE BE ADVISED THAT THE APPLICANT WILL NOT BE NOTIFIED BY THE PLANNING DIVISION ABOUT THE PENDING EXPIRATION OF THE SUBJECT ENTITLEMENT.
18. Any future development shall comply with the development and design standards and entitlement processes at the time such development is submitted for permitting.
19. This project shall fully and continually comply with all applicable conditions of approval, State, Federal and local laws in effect at the time the permit is approved and exercised and which may become effective and applicable thereafter, and in accordance with the terms contained within the staff report and all testimony regarding this case. Failure to do so will be grounds for Code Enforcement action, revocation or further legal action.
20. Within 30 days of approval of this case by the City, the developer shall execute an agreement approved by the City Attorney's Office to defend, indemnify, including reimbursement, and hold harmless the City of Riverside, its agents, officers and employees from any claim, action, or proceeding against the City of Riverside, its agents, officers, or employees to attack, set aside, void, or annul, an approval by the City's advisory agency, appeal board, or legislative body concerning this approval, which action is brought within the time period provided for in Section 66499.37 of the Government Code. The City will promptly notify the developer of any such claim; action or proceeding and the City will cooperate in the defense of the proceeding. 6 of 7 February 27, 2024
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21. Failure to abide by all conditions of this entitlement shall render it null and void.
Fire Department
22. Plants in Irrigated Zone 1 shall be fire resistant and shall include any pyrophytes that are high in oils and resins such as pines, eucalyptus, cedar, cypress or juniper species. Thick, succulent or leathery leaf species with high moisture content are the most ‘fire resistant ’. Refer to Fire Protection Plan Appendix B for examples of acceptable plants.
23. Zone 1 shall be cleared of all fire prone and prohibited plant species. Refer to Fire Protection Plan Appendix A.
24. Landscape designs using hardscape features such as driveways, swimming pools, concrete, rock, pavers, and similar non -combustible features to break up fuel continuity within Zone 1 are encouraged.
25. Fuel Modification area shall be maintained all year, as required by the Fire Protection Plan.
Inspections and compliance shall be by City of Riverside.
26. Shrubs shall be kept trimmed to ensure spacing is maintained.
27. Grasses shall be maintained weed whipped to 4 inches.
28. The area shall be maintained free of invasive plants and any volunteer native shrubs.
29. All plantings shall be installed with maturity growth in mind.
30. Residential fire sprinkler system meeting National Fire Protection Association 13D is required.
Attached garages are required to be protected by an automatic fire sprinkler system. Automatic residential fire sprinkler system shall be designed in accordance with 2019 California Residential Code, Section R313. Plans shall be submitted to and approved by the Fire Department prior to installation (2019 California Fire Code, Section 903.2.8 or Riverside Municipal Code, Section
16.32.080)
31. To comply with all applicable requirements per CFC, Chapter 33 (Fire Safety During Construction and Demolition).
32. Requirements for construction shall follow the currently adopted California Building Code and California Fire Code with City of Riverside amendments.
33. Construction plans shall be submitted and permitted prior to construction.
34. Fire Department access shall be maintained during all phases of construction.
35. New buildings located in any Very High Fire Hazard Severity Zone or any Wildland-Urban Interface Fire Area shall comply with the 2016 California Building Code, Chapter 7A, California Fire Code, Chapter 49, and Public Resource Codes 4290 & 4291.
36. When the project is submitted to the Building and Safety Division for plan review, the submittal shall include the approved Fire Protection Plan (FPP) and Alternate Methods and Materials (AM&M) dated January 24, 2024.
Parks, Recreation & Community Services – Park Planning
37. Developer shall make payment of all applicable Park Development Impact Fees (local, aquatic, regional/reserve and trail fees) for privately developed areas.
Public Utilities – Electric
38. Developer is responsible for all trenching, installation of conduit and sub- structures required to provide power to the site. In addition to installing spare conduits, streetlights, also stub & cap along property frontage.
39. Plot existing electrical distribution facilities on the original site plan.
40. Provide transformer, PJC, & service panel locations. 7 of 8 February 27, 2024
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41. This site will require multiple transformers and a PJC structure. As well, a street crossing is required to extend primary from C10997 or C10994.
Public Utilities – Water
42. Prior to recordation of map, all required water department fees must be paid to provide water service to each new parcel.
43. Advisory: Water pressure in the area of this development exceeds 120 psi, it is the owner’s responsibility to install appropriate measures at each parcel to regulate the water pressure as needed.
Public Works – Land Development
44. Storm Drain construction will be contingent on engineer's drainage study.
45. Deed for widening Alpine Meadows Lane along project frontage to 33’ from monument centerline to Public Works specifications.
46. Installation of curb and gutter at 20 feet from monument centerline, sidewalk and matching paving on Alpine Meadows Lane to Public Works specifications.
47. A "FINAL MAP" shall be processed with the Public Works Department and recorded with the County Recorder. The "FINAL MAP" shall be prepared by a Land Surveyor or Civil Engineer authorized to practice Land Surveying I the State of California and shall comply with the State Subdivision Map Act and Title 18 of the Riverside Municipal Code. All applicable checking and recording fees are the responsibility of the applicant.
48. Installation of sewer laterals to serve this project to Public Works specifications.
49. Off-site improvement plans to be approved by Public Works prior to map recordation.
50. A surety prepared by Public Works to be posted to guarantee the required off-site improvements prior to map recordation.
51. Size, number and location of driveways to Public Works specifications.
52. Closure of unused driveway(s) to Public Works specifications.
53. Prior to permit issuance, add the following notes to the site/plot or landscape plans and email PDF to [email protected] for review and approval:
a. PLANT 24” box size Afrocarpus falcatus in public right -of-way along Alpine Meadows Lane. Prior to any planting, Typical spacing 25’ O.C. Tree Inspector to determine precise locations at time of scheduled site inspection after fine grading and hardscape installation is complete. Planting, staking, irrigation, root barriers to Landscape & For estry specifications.
54. Prior to final inspection for the development project, the applicant shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of payment. If the project improvements include qualifying right -of-way dedications and/or street improvements to a TUMF regional arterial roadway as identified on the Regional System of Highways and Arterials, the developer may have the option to enter into a Credit/ Reimbursement Agreement with the City and Western Rivers ide Council of Governments (WRCOG) to recover costs for such work based on unit costs as determined by WRCOG.
The terms of the agreement shall be in accordance with the RMC Chapter 16.68 and the TUMF Administrative Plan requirements. Credit/reimbursement agreements must be fully executed prior to receiving any credit/reimbursement. An appraisal is required for credit/reimbursement of right of way dedications and credit/reimbursement of qualifying im provements requires the public bidding and payment of prevailing wages in accordance with State Law. For further assistance, please contact the Public Works Department. 8 of 8 February 27, 2024
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55. Prior to issuance of a building or grading permit, the applicant shall submit to the City for review and approval, a project-specific WQMP that:
a. Addresses Site Design BMP's such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas and conserving natural areas;
b. Incorporates the applicable Source Control BMP's as described in the Santa Ana River Region WQMP and provides a detailed description of their implementation; c. Incorporates Treatment Control BMP's as described in the Santa Ana River Region WQMP and provides information regarding design considerations; d. Describes the long -term operation and maintenance requirements for BMP's requiring long-term maintenance; and
e. Describes the mechanism for funding the long -term operation and maintenance of the BMP's requiring long-term maintenance.
56. Prior to issuance of any building or grading permits, the property owner shall record a "Covenant and Agreement" with the County -Clerk Recorder or other instrument acceptable to the City Attorney to inform future property owners of the requirement to implement the approved project- specific WQMP. Other alternative instruments for requiring implementation of the approved project-specific WQMP include: requiring the implementation of the project -specific WQMP in the Home Owners Association or Property Owners Association Conditions, Covenants and Restrictions (C,C&R's); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the project-specific WQMP; or equivalent may also be considered. Alternative instruments must be approved by the City prior to the issuance of any building or grading permits.
57. If the project will cause land disturbance of one acre or more, it must comply with the statewide General Permit for Storm Water Discharges Associated with Construction Activity. The project applicant shall cause the approved final project -specific WQMP t o be incorporated by reference or attached to the project's Storm Water Pollution Prevention Plan as the Post - Construction Management Plan.
58. Prior to building or grading permit closeout or the issuance of a certificate of occupancy or certificate of use, the applicant shall:
a. Demonstrate that all structural BMP's described in the project-specific WQMP have been constructed and installed in conformance with approved plans and specifications; b. Demonstrate that applicant is prepared to implement all non -structural BMP's described in the approved project-specific WQMP; and
c. Demonstrate that an adequate number of copies of the approved project -specific WQMP are available for the future owners/ occupants.
59. The project proposes to grade a slope within Assessor’s Parcel Number 243-600-021 as part of the widening of Alpine Meadows Lane near Kingdom Drive. Prior to issuance of grading permits, the property owner shall obtain a letter of permission from the adjacent property owner of Assessor’s Parcel Number 243-600-021 to allow for grading within the property.