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HomeMy WebLinkAboutCC Reso No 2020-012 Planning Application No. 2018-78 (Lake Street Storage) CEQARESOLUTION NO. 2020-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ER 2019-02) (SCH NO. 2020010164) FOR PLANNING APPLICATION NO. 2018-78 (TENTATIVE PARCEL MAP NO. 37550, CONDITIONAL USE PERMIT NO. 2018-22 AND COMMERCIAL DESIGN REVIEW NO. 2018-16) Whereas, Roland Clark, Lake Street Properties, LP has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2018-78 (Tentative Parcel Map No. 37550, Conditional Use Permit No. 2018-22, and Commercial Design Review No. 2018-16) to subdivide the 14.44-acre site into four (4) parcels ranging in size from 0.54 acres to 11.65 acres. The Project also proposes to construct a 3,528 square foot (SF) convenience store, one (1) covered fuel canopy with six (6) fuel pumps, which could serve 12 vehicles, and two (2) underground storage tanks on Parcel 1. An 80,000 SF, single-story indoor recreational vehicle (RV) and boat storage facility, with 24,000 SF of mezzanine and 192 surface RV parking spaces partially covered with three (3) canopies with solar panels is proposed on Parcel 2. Parcel 3 will have a 14-stall parking lot with vehicle access. No development is proposed on Parcel 4. Hardscape, landscape, on-site stormwater management improvements, monument sign, a trash enclosure, area lighting, and bicycle parking would be constructed as part of the Proposed Project. The proposed Project is located at the southeasterly corner of Interstate-15 and Lake Street (APN 390-130-018); and, Whereas, the Project is subject to the provisions of the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.: “CEQA”) and the State Implementation Guidelines for CEQA (14 California Code of Regulations Sections 15000, et seq.: “CEQA Guidelines”) because the Project involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code Section 21065); and, Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the Project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; and, Whereas, based upon the results of the Initial Study (Environmental Review No. 2019-02), and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that it was appropriate to prepare and circulate a Mitigated Negative Declaration (MND) for the Project; and, Whereas, pursuant to CEQA Guidelines Section 15072, on January 14, 2020, the City duly issued a notice of intent to adopt the MND; and, Whereas, in accordance with CEQA Guidelines Section 15073, the MND was made available for public review and comment for a minimum of 30 days beginning on January 14, 2020, and ending on February 12, 2020; and, Whereas, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) for adopting MNDs, and, CC Reso. No. 2020-012 Page 2 of 3 Whereas, the MND was sent to the Commission members on or about January 14, 2020, and was considered by the Commission on February 18, 2020 at a duly noticed Public Hearing and the Commission has considered evidence presented by the Community Development Department and other interested parties on the adequacy of the MND. The Commission adopted a resolution recommending that the Council adopt the MND for the Project; and, Whereas, on March 10, 2020, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference. Section 2: The Council has evaluated all comments, written and oral, received from persons who have reviewed the MND. The Council hereby finds and determines that all public comments have been addressed. Section 3: The Council hereby finds that the MND for the Project is adequate and has been completed in accordance with the CEQA Guidelines and the City’s procedures for implementation of CEQA. The Council has reviewed and considered the information contained in the MND and finds that the MND represents the independent judgment of the City. Section 4: The Council further finds and determines that none of the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of the MND are present and that it would be appropriate to adopt the MND as proposed. Section 5: The Council hereby makes, adopts, and incorporates the following findings regarding the lack of potential environmental impacts of the Project and the analysis and conclusions set forth in the MND: 1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a Mitigated Negative Declaration and Initial Study was released for public review and mitigation measures set forth in the Initial Study would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. Based upon the Initial Study conducted for the Project, there is substantial evidence suggesting that all potential impacts to the environment resulting from the Project can be mitigated to less than significant levels. All appropriate and feasible mitigation has been incorporated into the Project design. The Mitigation Monitoring and Reporting Plan contains an implementation program for each mitigation measure. After implementation of the mitigation contained in the MMRP, potential environmental impacts are effectively reduced to less than significant levels. 2. There is no substantial evidence, in the light of the whole record before the agency including the initial study and any comments received, that there is no substantial evidence that the Project will have significant effect on the environment. Lake Street Storage Project Initial Study/Mitigated Negative Declaration Terms and Definitions: 1. Property Owner/Developer – Owner or developer of Lake Elsinore Lake Street Storage Project . 2. Environmental Equivalent/Timing – Any mitigation measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed "environmental equivalent/timing" and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency/timing shall be done by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City's adopted Fee Schedule. 3. Implementation Timing – This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Plan will occur, as routine City practices and procedures will ensure that the intent of the measure has been complied with. For example, if the timing is "to be shown on approved building plans" subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance. 4. Responsibility Monitoring Party – Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. Outside public agency review is limited to those public agencies specified in the Mitigation Monitoring Plan which have permit authority in conjunction with the mitigation measure. 5. Ongoing Mitigation Measures – The mitigation measures that are designated to occur on an ongoing basis as part of this Mitigation Monitoring Plan will be monitored in the form of an annual letter from the property owner/developer in January of each year demonstrating how compliance with the subject measure(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored "Ongoing During Construction", the annual letter will review those measures only while construction is occurring; monitoring will be discontinued after construction is complete. A final annual letter will be provided at the close of construction. 6. Building Permit – For purposes of this Mitigation Monitoring Plan, a building permit shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building, but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building. Lake Street Storage Project Initial Study/Mitigated Negative Declaration Mitigation Monitoring and Reporting Program Impact Category Mitigation Measure Implementation Timing Responsible Monitoring Party Monitoring/Reporting Method Biological Resources MM BIO-1: Prior to the issuance of a grading permit, a qualified biologist shall survey all rock piles prior to any disturbance, especially if the movement is taking place during the nesting season (February through September). If any active or potentially active nests are observed on-site, the qualified biologist shall monitor construction activities to ensure that no nests, eggs, juvenile, or adult birds are harmed. If active nests are located, construction activities in the vicinity should cease until a qualified biologist has determined that the young have fledged. It may be necessary to implement a buffer around nests until the biologist can ensure that the young have fledged. A qualified biologist must make this determination based on the birds’ behaviors. Prior to the issuance of grading permit Planning and Engineering Dept. Lake Street Storage Project Initial Study/Mitigated Negative Declaration Biological Resources MM BIO-2: Prior to the issuance of a grading permit, the Property Owner/Developer shall include a note on the plans that outlines the following requirements from Section 6.1.4 of the MHSCP: Drainage: 1. Prepare and follow a Storm Water Pollution Prevention Plan (SWPPP) as required by the National Pollutant Discharge Elimination System (NPDES) General Construction Permit requirements. 2. Implement the measures in the Project Specific Water Quality Management Plan (Appendix J) to control the quantity and quality of runoff from the Project Site into the MSHCP Conservation Area: a. Drainage flows will be captured by the two proposed subsurface infiltration facilities with pre-treatment BMPs. b. Washwater containing any cleaning agent or degreaser and discharge will be collected to the sanitary sewer and not to a storm drain. c. Storm drain inlets will be marked “only rain down the storm drain”. Stormwater pollution prevention information will be provided to new site owners, lessees, or operators. A Lease agreement will include the following: “tenant shall not allow anyone to discharge anything to storm drains or store or deposit materials so as to create a potential discharge to storm drains”. Toxics: Follow Guidelines in Lake Elsinore Municipal Code Section 17.112.090 pertaining to gasoline dispensing establishments including a minimum 30-foot setback of gasoline pumps and pump islands from any property line. Measures identified above to protect water quality will minimize the effects of runoff of toxics into adjacent habitat areas. Lighting: Comply with Lake Elsinore Municipal Code Section 17.112.040 Lighting (for Nonresidential Development) that all outdoor lighting fixtures in excess of 60 watts are oriented and shielded to prevent glare or direct illumination on adjacent properties. All exterior lighting shall be Prior to the issuance of grading permit Planning, Building and Engineering Dept. Wall and Fence Plan, Photometric Plan, Building Plans, Building Permit Issuance, Storm Water Pollution Prevention Plan (SWPPP) Lake Street Storage Project Initial Study/Mitigated Negative Declaration shielded away from the MSHCP Conservation Area to protect species within the MSHCP Conservation Area from direct night lighting. Shielding shall be incorporated in project designs to ensure ambient lighting in the MSHCP Conservation Area is not increased. Noise: The Property Owner/Developer would construct a minimum 6-foot high masonry wall a portion of the southern property lines of the Project Site, as shown in Figure 21 - Wall and Fence Plan. Consistent with the recommended Condition of Approval from the Wildlife Agencies (Appendix C3), the Applicant conducted a noise study (Appendix L) that confirmed that the Walls and Fences shown in Figure 21 would ensure that project-generated noise levels at adjacent conservation lands would not exceed residential noise standards. The combined noise levels at the adjacent sensitive receivers would be below the 65dBA threshold recommended by the Wildlife Agencies and within both the City’s daytime and nighttime noise standards for commercial land uses. Invasives: The Landscaping Plan shall avoid using plants shown in MSHCP Table 6.2 to ensure that invasive species are not included in the plant palette. Project landscaping shall be maintained to prevent invasive plan species from taking rood and going to seed on the Project Site. If possible, the Landscape Plan should use low water-using plants to be consistent with Assembly Bill 1881. Barriers: Use landscaping, rocks/boulders, fencing, walls, signage, and/or other appropriate mechanisms to discourage public access, domestic animal predation, illegal trespass, excessive noise, or illegal dumping in adjacent habitat areas. Manufactured Slopes Manufactured slopes associated with development of the Project Site shall not extend into the MSHCP Conservation Area. Site boundaries should be clearly marked in the field when grading the Project site near the conservation area to ensure no encroachment occurs. Figure A-1 Lake Street Storage Project Initial Study/Mitigated Negative Declaration of Appendix B shows that manufactured slopes from the final mining reclamation activities do not extend into the MSHCP Conservation Area. Weed Abatement: Weed abatement and fuel modification activities are not permitted in the Conservation Area, including designated avoidance areas. Biological Resources MM BIO-3: Prior to the issuance of a grading permit, the Property Owner/Developer shall include a note on the plans that outlines the following Construction Best Management Practices from Volume I, Appendix C of the MSHCP, shown in italics, and specific requirements in plain text: Construction Best Management Practices: 1. A condition shall be placed on grading permits requiring a qualified biologist to conduct a training session for project personnel prior to grading. The training shall include a description of the species of concern and its habitats, the general provisions of the Endangered Species Act (Act) and the MSHCP, the need to adhere to the provisions of the Act and the MSHCP, the penalties associated with violating the provisions of the Act, the general measures that are being implemented to conserve the species of concern as they relate to the project, and the access routes to and Project Site boundaries within which the project activities must be Prior to the issuance of grading permit Ongoing and during construction Planning, Building, and Engineering Dept. Construction Management Plan, Storm Water Pollution Prevention Plan (SWPPP), Precise Grading Plans, Building Plans, Grading Permit Issuance, Building Permit Issuance Lake Street Storage Project Initial Study/Mitigated Negative Declaration accomplished. Prior to the issuance of a grading permit, the Property Owner/Developer shall retain a qualified biologist to prepare and implement a Worker Environmental Awareness Program (WEAP) to train all Project personnel prior to grading. The details of the training should be consistent with MSHCP Appendix C Standard BMP No. 1, the general provisions of the Endangered Species Act, include a detailed discussion of how to identify the potential special-status plant and animal species that may be encountered during ground disturbance and construction activities, and necessary actions to take if the species are observed on-site. 2. Water pollution and erosion control plans shall be developed and implemented in accordance with RWQCB requirements. Prior to the issuance of a grading permit, the Property Owner/Developer shall submit to the City a Project-specific SWPPP prior to initial ground disturbance. The Project-specific SWPPP shall describe BMPs that will be implemented in pre-, during-, and post-construction phases. Examples of BMPs may include dust suppression BMPs, Low Impact Developments (LIDs) such as vegetated swales, and a spill response protocol. The SWPPP is a dynamic document that shall be amended when site conditions warrant changes to protect natural resources and prevent discharge of non-stormwater to neighboring parcels. The Qualified Stormwater Developer (QSD) will develop and implement the SWPPP with site-specific BMPs to prevent/reduce the potential for erosion, sedimentation, and offsite discharge of non-stormwater in accordance with the Construction General Permit (CGP), National Pollutant Discharge Elimination System (NPDES) MS4 permit, and a 401 Water Quality Certification Permit (if applicable). The QSD will provide training to the contractor for performing regular site inspections, and for pre-, during-, and Lake Street Storage Project Initial Study/Mitigated Negative Declaration post-storm events to ensure that BMPs are functioning as intended. 3. 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. Prior to the issuance of a grading permit, the Property Owner/Developer shall submit to the City a construction management plan that demonstrates that the construction footprint will remain within the limits of the current property boundary, site ingress/egress will be limited to the least impactful location on Lake Street at the western end of the Project Site. Trackout (riprap, rumble strips) shall be installed to prevent tracking of sediment to public roadways. 4. The upstream and downstream limits of projects disturbance plus lateral limits of disturbance on either side of the stream shall be clearly defined and marked in the field and reviewed by the biologist prior to initiation of work. Prior to the issuance of a grading permit, the Property Owner/Developer shall submit to the City a construction management plan that the construction footprint will remain within the limits of the current property boundary, Project Site boundaries shall be clearly delineated with visible means (i.e. stakes, rope, flagging, snow fence, etc.). The contractor will adhere to the measures and conditions in all environmental permits to protect Jurisdictional Waters of the United States. The Property Owner/Developer shall construct the perimeter Wall and Fence Plan as shown in Figure 21 - Wall and Fence Plan first to serve as wildlife exclusionary fencing (WEF) around the Project perimeter to reduce the potential for accidental take of species that may enter the Project Site during construction. Lake Street Storage Project Initial Study/Mitigated Negative Declaration 5. 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. The Habitat Assessment found that no habitat for target species was observed within the Project Boundaries. The Project Site does not contain stream channels, gravel bars, or streambanks. The coarse-grained soil onsite has insufficient clay/fines and does not allow standing water to persist in durations sufficient to support many of the target species. All Project-related construction activities would occur within the property boundaries and no equipment or personnel would work outside the clearly identified Project boundaries. 6. Projects that cannot be conducted without placing equipment or personnel in sensitive habitats should be timed to avoid the breeding season of riparian identified in MSHCP Global Species Objective No. 7. Prior to the issuance of a grading permit, the Property Owner/Developer shall retain a qualified wildlife biologist to monitor ground disturbance activities that would occur during the nesting season. The Habitat Assessment found that no sensitive habitats were observed within the Project boundaries, including riparian habitat. The Construction Contractor shall take are to ensure that construction activities do not negatively impact potentially sensitive habitats or species surrounding the Project Site. Construction equipment and personnel shall be made aware of MSHCP Global Species Objective No. 7 as part of the WEAP training and would always remain within Project Site boundaries. 7. When stream flows must be diverted, the diversions shall be conducted using sandbags or other methods requiring minimal instream impacts. Silt fencing of other sediment trapping materials Lake Street Storage Project Initial Study/Mitigated Negative Declaration shall be installed at the downstream end of construction activity to minimize the transport of sediments off site. Settling ponds where sediment is collected shall be cleaned out in a manner that prevents the sediment from reentering the stream. Care shall be exercised when removing silt fences, as feasible, to prevent debris or sediment from returning to the stream. No water diversion activities are proposed during Project activities. The Property Owner/Developer shall implement erosion and sediment control BMPs as identified in the WQMP throughout the Project site to reduce/prevent sediment from impacting the Temecula Wash in pre-, during- and post-construction phases. Personnel would be educated during WEAP training as to the importance of preventing impacts to the Wash from construction activities. 8. 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 limited to applicable jurisdictional city, FWS, and CDFG, RWQCB and shall be cleaned up immediately and contaminated soils removed to an approved disposal areas. Ongoing during construction and operation, all project activities shall occur within the property boundary and outside of the Temescal Wash. Equipment storage, fueling and staging areas shall be located outside any sensitive habitats and in areas with no risk of direct drainage into the surrounding wash and other sensitive habitats. All fuel storage tanks shall have secondary containment to retain fuel spills. Construction equipment and Lake Street Storage Project Initial Study/Mitigated Negative Declaration materials shall be staged as far from the Temescal Wash as practical. The Project Site-specific SWPPP shall have BMPs designed to prevent the release of cement or other toxic substances into surface waters or bare soil, as required by the RWQCB. All potentially hazardous materials shall be stored appropriately on-site away from sensitive habitats or Waters of the United States. Concrete washouts and active/inactive materials stockpiles shall have secondary containment BMPs to prevent the accidental release of hazardous substances to bare soil. The SWPPP is required to have a Spill Prevention Control and Countermeasure (SPCC) to describe necessary actions that should occur in the event of a spill or release of potentially hazardous substances. Spills or releases of toxic substances greater than five gallons shall be reported to the RWQCB, DTSC, Local Municipalities, and/or federal agencies, as appropriate. 9. 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. No erodible fill material shall be deposited into or stockpiled near the Temescal Wash. Materials stockpiles shall be located away from sensitive areas. Inactive materials stockpiles shall be covered and bermed to prevent windborne dust or accidental release. The SWPPP shall describe BMPs to prevent fugitive dust from migrating to neighboring parcels or the Wash. 10. The qualified project biologist shall monitor construction activities for the duration of the project to ensure that practicable measures are being employed to avoid incidental disturbance of habitat and species of concern outside the project footprint. Prior to the issuance of a grading permit, the Property Owner/Developer shall retain a qualified wildlife biologist to monitor ground disturbance activities to ensure that all Lake Street Storage Project Initial Study/Mitigated Negative Declaration measures to protect species on and off site are being implemented during construction activities, including wildlife exclusionary fencing, rock wren surveys (MM BIO-1), and nesting bird surveys (MM BIO-4). Additional protective measures recommended by the qualified wildlife biologist shall be implemented as necessary by the Property Woner/Developer to avoid incidental disturbance of habitat and species of concern outside the project footprint. 11. 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. No clearing and grubbing of native vegetation would be anticipated during the Project activities as the Project site is almost entirely devoid of vegetation. 12. Exotic species that prey upon or displace target species of concern should be permanently removed from the site to the extent feasible. No exotic species were encountered during the Project habitat assessment and none would be utilized in any revegetation efforts. The final landscaping design may incorporate native plant species; however, regular landscape maintenance shall prevent exotic, or noxious plant species from taking root on the Project Site. 13. 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). Lake Street Storage Project Initial Study/Mitigated Negative Declaration The SWPPP shall contain BMPs for trash storage and removal, including containment of sanitation facilities (e.g. portable toilets), and covering waste disposal containers at the end of every business day and before rain events. Trash cans shall have a fastenable lid to prevent animals from accessing or spreading trash onsite. The Project-QSD should consult the MSHCP Appendix C Standard Best Management Practices, RWQCB recommendations, and any applicable environmental permit measures and conditions when developing the Project SWPPP. 14. 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 instructed that their activities are restricted to the construction areas. In accordance with the WEAP, all Project activities would occur within the clearly delineated property boundaries. Construction activities shall be confined to the Project footprint, and approved routes of travel shall be established, including ingress/egress points. Exclusion fencing shall be utilized throughout the Project duration. 15. 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. The Contractor shall allow the Permittee access to the construction site. All visitors shall check in with the Project Engineer (or Site Supervisor) prior to accessing the construction Lake Street Storage Project Initial Study/Mitigated Negative Declaration site and will be escorted within Project boundaries during normal business hours when construction activities are occurring. Biological Resources MM BIO-4: Prior to the issuance of a grading permit, the Property Owner/Developer shall retain a qualified biologist to conduct focused surveys along the Temescal Wash immediately south of the Project Site. If ground disturbing activities are to occur outside the LBV nesting season (September 16-March 14), a qualified biologist shall perform a presence/absence survey along the Temescal Wash immediately south of the Project site, and continue these surveys on a monthly basis, especially as breeding season commences. If ground disturbing activities are to take place during the LBV nesting season (March 15-September 15) and the survey findings are negative, project activities may proceed without the implementation of any specific mitigation measure for protecting LBV. If the survey findings are positive, the biologist shall perform additional surveys to determine whether nesting is taking place within 300 feet of the Project site. If LBV are located, but nesting cannot be confirmed, Project activities shall not occur within 100 feet of the suitable habitat area(s) until the nesting season has ended. If nesting is confirmed, Project activities shall not occur within 150-200 feet of the nest site until the biologist confirms that the young have fledged, and the nest is no longer active. The qualified biologist shall always be present when construction crews are working within 1/8 mile surrounding a LBV nest site to ensure that the birds do not react unfavorably to Project activities. If the qualified biologist observes signs of agitation stemming from Project activities, he or she should request that the activities cease and not resume until the birds’ behavior normalizes. If the birds continue to exhibit signs of agitation, Project activities shall be adjusted to accommodate the nesting birds’ needs. Prior to issuance of grading permit Planning and Engineering Dept. Focused Survey Reports Lake Street Storage Project Initial Study/Mitigated Negative Declaration In the presence of LBV nests, the noise level from Project activities shall not exceed 65 dBA. If this is not possible, a noise barrier shall be constructed to avoid adverse impacts to the LBV nest(s). During the LBV breeding season, artificial light shall not be cast into LBV habitat when night work is occurring. Cultural Resources and Tribal Cultural Resources MM CUL-1: Unanticipated Resources. The developer/permit holder or any successor in interest shall comply with the following for the life of this permit. If during ground disturbance activities, unanticipated cultural resources are discovered, the following procedures shall be followed: 1. All ground disturbance activities within 100 feet of the discovered cultural resource shall be halted until a meeting is convened between the developer, the Project Archaeologist, the Native American tribal representative(s) from consulting tribes (or other appropriate ethnic/cultural group representative), and the Community Development Director or their designee to discuss the significance of the find. 2. The developer shall call the Community Development Director or their designee immediately upon discovery of the cultural resource to convene the meeting. 3. At the meeting with the aforementioned parties, the significance of the discoveries shall be discussed and a decision is to be made, with the concurrence of the Community Development Director or their designee, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resource. 4. Further ground disturbance shall not resume within the area of the discovery until a meeting has been convened with the aforementioned parties and a decision is made, with the concurrence of the Community Development Director or their designee, as to the appropriate mitigation measures. Ongoing during ground disturbing activities Planning and Engineering Dept. Cultural Resources MM CUL-2: Discovery of Human Remains. In the event that human remains (or remains that may be human) are discovered at the project Ongoing during ground Planning and Lake Street Storage Project Initial Study/Mitigated Negative Declaration and Tribal Cultural Resources site during grading or earthmoving, the construction contractors, project archaeologist and/or designated Native American Monitor shall immediately stop all activities within 100 feet of the find. The project applicant shall then inform the Riverside County Coroner and the City of Lake Elsinore Community Development Department immediately, and the coroner shall be permitted to examine the remains as required by California Health and Safety Code Section 7050.5(b). Section 7050.5 requires that excavation be stopped in the vicinity of discovered human remains and that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. If human remains are determined to be Native American, the applicant shall comply with the state law relating to the disposition of Native American burials that fall within the jurisdiction of the NAHC (PRC Section 5097). The coroner shall contact the NAHC within 24 hours and the NAHC will make the determination of 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 Resource Code Section 5097.98. In the event that the applicant and the MLD are in disagreement regarding the disposition of the remains. State law will apply and the mediation process will occur with the NAHC, if requested (see PRC Section 5097.98(e) and 5097.94(k)). According to the California Health and Safety Code, six or more human burial at one location constitutes a cemetery (Section 81 00), and disturbance of Native American cemeteries is a felony (Section 7052). disturbing activities Engineering Dept. Geology and Soils and Utilities and Service Systems MM GEO-1: Prior to the issuance of a grading permit, the Property Owner/Developer shall submit to the County of Riverside Department of Environmental Health, a completed application for the onsite wastewater treatment system (OWTS) for review and approval. The an OWTS report shall be prepared by a Qualified service provider (QSP) State Licensed Contractor with knowledge and competency in OWTS design, construction, operation, maintenance and monitoring. Prior to issuance of grading permit Planning, Engineering, and Building Dept. Precise Grading Plan Review and Issuance of Grading Permits Lake Street Storage Project Initial Study/Mitigated Negative Declaration Transportation MM TRANS-1: Prior to the issuance of a building permit, the Property Owner/Developer shall pay its fair share of the cost of the improvements identified in Table 30 to the City of Lake Elsinore. Prior to issuance of building permit Planning, Engineering, and Building Dept. Building Plans and Issuance of Building Permits