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HomeMy WebLinkAbout2021-002 Planning Application No. 2019-69 (Corydon Gateway) CEQA RESOLUTION NO. 2021-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ER 2020-04) (SCH NO. 2020100576) FOR PLANNING APPLICATION NO. 2019-69 (TENTATIVE TRACT MAP NO. 37977, CONDITIONAL USE PERMIT NO. 2020- 05 AND COMMERCIAL DESIGN REVIEW NO. 2020-02) Whereas,Mark Cooper, RED Corydon, LLC has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2019-69(Tentative Tract Map No. 37977, Conditional Use Permit No. 2020-05, and Commercial Design Review No. 2020-02)to subdivide a 6.05-acre project site into six (6) parcels for commercial development and one (1) lot for a detention basin. The proposed commercial uses include a 2,300-square-foot (sf) fast food restaurant with a drive-thru (Parcel 1), a 4,088-sf 7-Eleven convenience store (with the concurrent sale of beer and wine –Type 20 ABC license) and gas station with 16 fueling stations under a 4,285-sf fueling canopy with a maximum throughput of 1.87 million gallons of gasoline per year (Parcel 2), a 4,333-sf Superstar Car Wash express tunnel car wash with vacuum bays (Parcel 3), a 5,200-sf tire store (Parcel 4), and 11 flex-tech condos (Parcels 5 and 6). The project site is located within the East Lake Specific Plan, at the northwestern corner of the intersection of Mission Trail and Corydon Street. (APN 370-050-026 and a portion of 370-050-030); 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. 2020- 04), and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that it was appropriate to prepare and circulate aMitigated Negative Declaration (MND) for the Project; and, Whereas,pursuant to CEQA Guidelines Section 15072, on November 2, 2020, the City duly issued a notice of intent to adopt the MND; and, Whereas,in accordance with CEQA Guidelines Section 15073, the MNDwas made available for public review and comment for a minimum of 30days beginning on November 2, 2020, and ending on December 1, 2020;and, Whereas,a Mitigation Monitoring and Reporting Program (MMRP) for the Project has been prepared in accordance with Section 21081.6 of CEQA; and, Whereas,the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) for adoptingMNDs, and, CC Reso. No. 2021-2 Page 2of 3 Whereas,the MNDwas sent to the Commission members on or about November 2, 2020 andconsidered by the Commission on December 15, 2020 at a duly noticed Public Hearing and, after consideration of 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 adoptthe MNDfor the Project; and, Whereas,on January 12, 2021, 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 COUNCILOF 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 Councilhas evaluated all comments, written and oral, received from persons who have reviewed the MND.The Councilhereby 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:TheCouncilhereby 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 mitigatethe 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 implementationof 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. CC Reso. No. 2021-2 Page 3of 3 Pursuant to the evidence received, including comment letters, and in the light of the whole record presented, the Project will not have a significant effect on the environment. Section7:Based upon the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Council hereby adopts MND (ER 2020-04) and the MMRP, which is attached hereto as Exhibit “A1”, for Planning Application No. 2019-69 (Tentative Tract Map No. 37977, Conditional Use Permit No. 2020-05, and Commercial Design Review No. 2020-02). Section 8:This Resolution shall take effect immediately upon its adoption. Section 9:The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adoptedat a regular meeting of the City Council of the City of Lake Elsinore, th California, this 12day of January 2021. Robert E.Magee Mayor Attest: Candice Alvarez, MMC City Clerk STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LAKE ELSINORE) I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2021-2was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of January 12, 2021and that the same was adopted by the following vote: AYES:Council Members Tisdale, Johnson, and Manos; Mayor Pro Tem Sheridan; and Mayor Magee NOES:None ABSENT:None ABSTAIN:None Candice Alvarez, MMC City Clerk MITIGATION MONITORING AND REPORTING PROGRAM CORYDON GATEWAYPROJECT The California Environmental Quality Act (CEQA) requires that when a public agency completes an environmental document which includes measures to mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring program. This requirement ensures that environmental impacts found to be significant will be mitigated. The reporting or monitoring program must be designed to ensure compliance during project implementation (Public Resources Code Section21081.6). In compliance with Public Resources Code Section 21081.6, the following Mitigation Monitoring and Reporting Checklist has been prepared for the Corydon Gatewayproject. This Mitigation Monitoring and Reporting Checklist is intended to provide verification that applicable Conditions of Approval relative to significant environmental impacts are monitored and reported. Monitoring will include: (1) verification that each mitigation measure has been implemented, (2)recordation of the actions taken to implement each mitigation measure, and (3) retention of records in the Corydon Gatewayproject file. This Mitigation Monitoring and Reporting Program delineates responsibilities for monitoring the Program, but also allowsthe City of Lake Elsinore (City)flexibility and discretion in determining how best to monitor implementation. Monitoring procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that monitoring procedures took place and that mitigation measures were implemented. Reporting consists of establishing a record that a mitigation measure is being implemented and generally involves the following steps: The Citydistributes reporting forms to the appropriate persons for verification of compliance. Departments/agencies with reporting responsibilities will review the Initial Study/Mitigated Negative Declaration, which provides general background information on the reasons for including specified mitigation measures. Problems or exceptions to compliance will be addressed to the Cityas appropriate. Periodic meetings may be held during project implementation to report on compliance of mitigation measures. Responsible parties provide the Citywith verification that monitoring has been conducted and ensure, as applicable, that mitigation measures have been implemented. Monitoring compliance may be documented through existing review and approval programs such as field inspection reports and plan review. The Cityprepares a reporting form periodically during the construction phase and an annual report summarizing project mitigation monitoring efforts. Appropriate mitigation measures will be included in construction documents and/or conditions of permits/approvals. Minor changes to the Mitigation Monitoring and Reporting Program, if required, would be made in accordance with CEQA and would be permitted after further review and approval by the City. Such changes could include reassignment of monitoring and reporting responsibilities, program redesign to make any appropriate improvements, and/or modification, substitution or deletion of mitigation measures subject to conditions described in CEQA Guidelines Section 15162. No change will be permitted unless the Mitigation Monitoring and Reporting Program continues to satisfy the requirements of Public Resources Code Section 21081.6. Corydon GatewayProjectDecember 2020 Mitigation Monitoring and Reporting ProgramPage 1 2 Page Date ________________________ Completed December 2020 Date:Date: / t Depts. , , ApplicantApplican Monitoring Responsibility Developer Qualified Biologist, ProjectDeveloperPlanning and Engineering Qualified Biologist,Project/Planning and Engineering Depts. CHECKLIST Timing Monitoring Prior to issuance of a grading permitPrior to issuance of a grading permit truction PROJECT Processconstruction cons -- Monitoring PreSurveyPreSurvey - - construction - ause close specific - ng burrows shall California CORYDON GATEWAY t. Nests will be searched be relocated outside of up nesting survey shall - . In order to avoid violation and California Fish and Game 1). A qualified biologist shall Staff Report on Burrowing Owl ) feet of the project footprint or other . A qualified biologist shall conduct pre epare and implement a project CDFW’s MITIGATION MONITORING AND REPORTING PROGRAM construction Surveys Mitigation Measure - feet. The buffer zone shall not be disturbed until the Project on (generally February 1 to August 31). Migratory Bird Treaty Act (MBTA) Burrowing Owl SurveysNesting Bird Pre Resources(CDFW 2012) within 30 days prior to commencement of construction 1, 2, -- Corydon GatewayMitigation Monitoring and Reporting Program urrounding an adequate radius buffer zone as determined by the biological Biological MM BIOconstruction focused species surveys in accordance with the Department of Fish and Wildlife’s (Mitigationactivities. If burrowing owls are determined to occupy the site during preconstruction surveys and impacts to occupied burrows cannot be avoided, the City shall consult with the CDFW and prBurrowing Owl Mitigation Plan. The plan shall be reviewed and approved by the CDFW and implemented prior to activities that could affect burrowing owl within the project site. To avoid take, impacted individuals shallthe impact area by a qualified biologist prior to initiation of construction activities using passive or active methodologies approved by CDFW. The relocation shall occur outside of the breeding season for the burrowing owl. Existibe destroyed once they are vacated.MM BIOof the federal Code, construction activities shall be avoided to the greatest extent possible during the nesting seasIf construction activities are to occur during the nesting season, a pre nesting survey shall be conducted within three days prior to the commencement of construction (if between February 1 and August 3perform the nesting survey that will consist of a single visit to ascertain whether there are active raptor nests within 500protected bird nests within 300 feet of the project footprinfor in the trees and shrubs. This survey shall identify the species of nesting bird and to the degree feasible, nesting stage (e.g., incubation of eggs, feeding of young, near fledging). Nests shall be mapped (not by using GPS becencroachment may cause nest abandonment). The followbe conducted for five (5) consecutive days and no more than three (3) days prior to construction. If an active nest is observed, the nest location shall be fenced off smonitor, to be at least 350nest is inactive. Biological monitoring shall occur during vegetation removal activities. 3 Page Date ____________ Completed December 2020 Date: , , / Monitoring Responsibility Project ApplicantDeveloperConstruction ContractorPlanning, Building and Engineering Depts. fter a CHECKLIST Timing Monitoring uring and onstruction Prior to issuance of a grading permit, dc PROJECT Process Monitoring Site Inspection : ) ghting. 2 of the - Western MHSCPation Area that use CORYDON GATEWAY ation Areas. Best Prior to the issuance of a . tering the MSHCP Conservation Area. native plant species listed in Table 6 - MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure g to the MSHCP consistency analysis prepared for the generating land uses affecting the MSHCP Conservation - Project discharge to the MSHCP Conservation Area. The greatest risk is ources pursuant to applicable rules, regulations, and guidelines MSHCP Guideline Implementation porate measures to control the quantity and quality of runoff from the 3, - acent to the MSHCP Conservation Area, including avoidance areas. Considerations in reviewing the applicability of this list shall include Incorsite entering the MSHCP Conservation Area. In particular, measures shall be put in place to avoid discharge of untreated surface runoff from developed and paved areas into MSHCP ConservManagement Practices (BMPs) shall be implemented to prevent the release of toxins, chemicals, petroleum products, exotic plant materials, or other elements that might degrade or harm downstream biological resources or ecosystems. Accordinproject, the proposed project will incorporate a detention basin, grass swales, or mechanical trapping devices to filter runoff from the project site.Land uses proposed in proximity to the MSHCP Conservchemicals or generate bioproducts, such as manure, that are potentially toxic or may adversely affect wildlife species, habitat, or water quality shall incorporate measures to ensure that application of such chemicals does not result infrom landscaping fertilization overspray and runoff.Night lighting shall be directed away from the MSHCP Conservation Area and the avoided area on site to protect species from direct night liAccording to the MSHCP consistency analysis prepared for the project, the proposed project will direct night lighting away from the MSHCP Conservation Area and incorporate light shielding in the project designs to avoid excess ambient light from enProposed noiseArea, including designated avoidance areas, shall incorporate setbacks, berms, or walls to minimize the effects of noise on MSHCP Conservation Area resrelated to land use noise standards.Avoid use of invasive, nonMSHCP in approving landscape plans for the portions of the project that are adj 1.2.5. 3.4. Corydon GatewayMitigation Monitoring and Reporting Program MM BIOgrading permit, the Property Owner/Developer shall include a note on the plans that outlines the following requirements from Section 6.1.4 of the Riverside County Multiple Species Habitat Conservation Plan ( 4 Page Date ____________ Completed December 2020 Date: , , Monitoring onstruction Responsibility Project Applicant/DeveloperCContractorPlanning, Building, and Engineering Depts. CHECKLIST tion Timing Monitoring uring onstruc Prior to issuance of a grading permit and ongoing dc PROJECT Process Monitoring Site Inspection . The 2 in the landscaping planting plans, - CORYDON GATEWAY be accomplished. ual project designs to the MSHCP shown in italics, : MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure g the provisions of the Endangered Species Act, the epared for the project, the proposed project landscape including designated avoidance areas. d/or other appropriate mechanisms. to the issuance of a grading permit, the Property Project Prior MSHCP Construction Best Management Practices 4, - proximity of planting areas to the MSHCP Conservation Areas and designated avoidance areas, species considered in the resources being protected within the MSHCP Conservation Area and their relative sensitivity to invasion, and barriers to plant and seed dispersal, such as walls, topography, and other features. According to the MSHCP consistency analysis prplans will avoid utilizing any species listed in Table 6Prior to the issuance of a grading permit, the Property Owner/Developer shall retain a qualified biologist to prepare and implement a Worker plans.Proposed land uses adjacent to the MSHCP Conservation Area shall incorporate barriers, where appropriate, in individminimize unauthorized public access, domestic animal predation, illegal trespass, or dumping into existing and future MSHCP Conservation Areas. Such barriers may include native landscaping, rocks/boulders, fencing, walls, signage, anManufactured slopes associated with proposed site development shall not extend into the MSHCP Conservation Area.Weed abatement and fuel modification activities are not permitted in the Conservation Area, A condition shall be placed on grading permits requiring a qualified biologist to conduct a training session for project personnel prior to gradingtraining shall include a description of the species of concern and its habitats, the general provisions of the Endangered Species Act and the MSHCP, the need to adhere to the provisions of the Act and the MSHCP, the penalties associated with violatingeneral 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 6.7.8.1. Corydon GatewayMitigation Monitoring and Reporting Program MM BIOImplementation. Owner/Developer shall include a note on the plans that outlines the following Construction BMPs from Volume I, Appendix C of and specific requirements in plain text:Construction Best Management Practices 5 Page Date Completed December 2020 Monitoring Responsibility CHECKLIST Timing Monitoring PROJECT Process Monitoring , and - , tered for - specific , during - - CORYDON GATEWAY stormwater in - ented in pre The QSD shall provide training existing access routes to the greatest t to public roadways. - specific Storm Water Pollution Prevention - stormwater to neighboring parcels. - s of the training should be consistent with MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure specific BMPs to prevent/reduce the potential - e conditions warrant changes to protect natural resources storm events to ensure that BMPs are functioning as status plant and animal species that may be encoun - - Project struction footprint will remain within the limits of the current the issuance of a grading permit, the Property Owner/Developer , and post - construction phases. Examples of BMPs may include dust suppression - easible. Access to sites shall be via pre Environmental Awareness Program (WEAP) to train all project personnel prior to grading. The detailMSHCP Appendix C Standard BMP No. 1, the general provisions of the Endangered Species Act, include a detailed discussion of how to identify the potential specialduring ground disturbance and construction activities, and necessary actions to take if the species are observed on site.The footprint of disturbance shall be minimized to the maximum extent fPrior to the issuance of a grading permit, the Property Owner/Developer shall submit to the City a construction management plan that demonstrates that the conproperty boundary, site ingress/ egress will be limited to the least impactful location on the Project Site. Trackout (riprap, rumble strips) shall be installed to prevent tracking of sedimen Water pollution and erosion control plans shall be developed and implemented in accordance with RWQCB requirements.Prior to shall submit to the City a projectPlan (SWPPP) prior to initial ground disturbance. The projectSWPPP shall describe BMPs that will be implempostBMPs, Low Impact Developments (LIDs) such as vegetated swales, and a spill response protocol. The SWPPP is a dynamic document that shall be amended when sitand prevent discharge of nonThe Qualified Stormwater Developer (QSD) shall develop and implement the SWPPP with siteerosion, sedimentation, and offsite discharge of nonaccordance with the Construction General Permit (CGP), National Pollutant Discharge Elimination System (NPDES) MS4 permit, and a 401 Water Quality Certification Permit (if applicable).to the contractor for performing regular site inspections, and for preduringintended.extent possible. 2.3. Corydon GatewayMitigation Monitoring and Reporting Program 6 Page Date Completed December 2020 Monitoring Responsibility CHECKLIST Timing Monitoring PROJECT Process Monitoring related - t or personnel in grained soil onsite - CORYDON GATEWAY EAP training and would early delineated with visible he target species. All project ogist to monitor ground disturbance to avoid the placement of equipment and MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure hin the project boundaries. The project site does not contain Project ke are to ensure that construction activities do not negatively impact or to the issuance of a grading permit, the Property Owner/Developer 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.Prishall 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 clmeans (i.e. stakes, rope, flagging, snow fence, etc.). The contractor shall adhere to the measures and conditions in all environmental permits to protect Jurisdictional Waters of the United States. 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 witstream channels, gravel bars, or streambanks. The coarsehas insufficient clay/fines and does not allow standing water to persist in durations sufficient to support many of tconstruction activities would occur within the property boundaries and no equipment or personnel would work outside the clearly identified project boundaries.Projects that cannot be conducted without placing equipmensensitive 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 biolactivities 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 tapotentially 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 Walways remain within project site boundaries. Projects should be designed 4.5.6. Corydon GatewayMitigation Monitoring and Reporting Program 7 Page Date Completed December 2020 Monitoring Responsibility CHECKLIST Timing Monitoring PROJECT Process Monitoring rol , - ll be exercised ccidental release of abitats. All fuel CORYDON GATEWAY nting impacts to the Temescal all be located in such a manner s shall be installed at the downstream end operation, all project activities shall occur MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure RWQCB. All potentially hazardous materials shall be construction phases. Personnel would be educated during - specific SWPPP shall have BMPs designed to prevent the Project - and post - ll be reported to appropriate entities, including but not limited to 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 materialof 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 shawhen 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 contBMPs as identified in the Water Quality Management Plan (WQMP) throughout the project site to reduce/ prevent sediment impacts in presites with minimal risks of direct drainage into riparian areas or other sensitive habitats. These designated areas shas 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 shaapplicable jurisdictional city, USFWS, CDFW, and SARWQCB, and shall be cleaned up immediately and contaminated soils removed to an approved disposal areas.Ongoing during construction andwithin the property boundary. Equipment storage, fueling and staging areas shall be located outside any sensitive habitats and in areas with no risk of direct drainage into riparian areas and other sensitive hstorage tanks shall have secondary containment to retain fuel spills. The project siterelease of cement or other toxic substances into surface waters or bare soil, as required by thestored 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 ahazardous substances to bare soil. The SWPPP is required to have a Spill duringWEAP training as to the importance of preveWash from construction activities.Equipment storage, fueling, and staging areas shall be located on upland 7.8. Corydon GatewayMitigation Monitoring and Reporting Program 8 Page Date Completed December 2020 Monitoring Responsibility CHECKLIST Timing Monitoring PROJECT Process Monitoring - . Additional 2) - CORYDON GATEWAY tor ground disturbance (MM BIO ticable measures are being project Habitat Assessment be avoided and minimized to the MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure , and nesting bird surveys s. Spills or releases of toxic substances greater than five 1) - asures recommended by the qualified wildlife biologist shall Project activities as the project site is almost entirely devoid of (MM BIO r other similar debris material shall not be stockpiled within the accidental release. The SWPPP shall describe BMPs to prevent fugitive Prevention Control and Countermeasure (SPCC) to describe necessary actions that should occur in the event of a spill or release of potentially hazardous substancegallons shall be reported to the RWQCB, DTSC, Local Municipalities, and/or federal agencies, as appropriate.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 moniactivities to ensure that all measures to protect species on and off site are being implemented during construction activities, including burrowing owl surveys No exotic species were encountered during the and none would be utilized in any revegetation efforts. The final landscaping design may incorporate native plant species; however, regular Erodible fill material shall not be deposited into water courses. Brush, loose soils, ostream channel or on its banks.Materials stockpiles shall be located away from sensitive areas. Inactive materials stockpiles shall be covered and bermed to prevent windborne dust or dust from migrating to neighboring parcels or the Temescal Wash.The qualified project biologist shall monitor construction activities for the duration of the project to ensure that pracprotective mebe implemented as necessary by the Property Owner/Developer to avoid incidental disturbance of habitat and species of concern outside the project footprint.The removal of native vegetation shallmaximum extent practicable. Temporary impacts shall be returned to preexisting contours and revegetated with appropriate native species.No clearing and grubbing of native vegetation would be anticipated during the projectvegetation. Exotic species that prey upon or displace target species of concern should be permanently removed from the site to the extent feasible. 9.10. 11.12. Corydon GatewayMitigation Monitoring and Reporting Program 9 Page Date Completed December 2020 Monitoring Responsibility CHECKLIST Timing Monitoring PROJECT Process Monitoring Supervisor) prior to CORYDON GATEWAY d to prevent animals from portable toilets), and covering , ll be instructed that their activities are e project SWPPP. tprint, and approved routes of travel shall be MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure ing any restoration/enhancement area for compliance with the Project Site. l area necessary to complete the project and shall be specified shall contain BMPs for trash storage and removal, including Project landscape maintenance shall prevent exotic, or noxious plant species from taking root on 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 minimain 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 sharestricted 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 fooestablished, including ingress/egress points. Exclusion fencing shall be utilized throughout the project duration.The Permittee shall have the right to access and inspect any sites of approved projects includproject 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 accessing the construction site and will be escorted within project boundaries during normal business hours when construction activities are occurring. 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).The SWPPP containment of sanitation facilities (e.g.waste disposal containers at the end of every business day and before rain events. Trash cans shall have a fastenable liaccessing 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 th 13.14.15. Corydon GatewayMitigation Monitoring and Reporting Program 10 Page Date ________________________ Completed December 2020 Date:Date: , r, ,, ApplicantApplicant ologist, Monitoring Responsibility Project /DeveloperConstruction Contractor,Project ArchaeTribal MonitoPlanning and Engineering Depts.Project /DeveloperProject Archaeologist, Tribal MonitorPlanning Dept. CHECKLIST uring Timing d Monitoring onstruction onstruction During cPrior toissuance of a grading permitand c PROJECT Process Monitoring Assessment of Resources Monitoring Program ato gnee, as Prior ented. The CORYDON GATEWAY of the cultural resource to convene ination with the consulting tribe(s), and The developer/permit holder or any MITIGATION MONITORING AND REPORTING PROGRAM r appropriate ethnic/cultural group representative), Mitigation Measure nt a Cultural Resource Monitoring Program (CRMP) that Project Unanticipated Resources. Archaeologist/Cultural Resources Monitoring Program. 1, 2, -- 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 otheand the Community Development Director or their designee to discuss the significance of the find. The developer shall call the Community Development Director or their designee immediately upon discoverythe meeting. 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 desito the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resource.Further ground disturbance shall not resume within the area of the discovery until a meeting has been convened with the aforementioned parties and decision is made, with the concurrence of the Community Development Director or their designee, as to the appropriate mitigation measures. 1.2.3.4. Corydon GatewayMitigation Monitoring and Reporting Program Cultural Resources MM CULsuccessor 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: MM CULissuance of grading permits, the applicant/developer shall provide evidence to the Community Development Department that a Secretary of Interior Standards qualified and certified Registered Professional Archaeologist (RPA) has been contracted to implemeaddresses the details of all activities that must be completed and procedures that must be followed regarding cultural resources associated with this project. The CRMP document shall be created in coordprovided to the Community Development Director or their designee for review and approval prior to issuance of the grading permit. The CRMP provides direction as to how the project mitigation measures will be implemCRMP requires that impacts on cultural resources will not occur without 11 Page Date Completed December 2020 Monitoring Responsibility CHECKLIST Timing Monitoring PROJECT Process Monitoring site - he affected site - d by the Project CORYDON GATEWAY grading meeting with the - r to beginning work on the ist, in consultation with the on the rate of excavation, the materials ed cultural resources are identified, including discovered, the Archaeological and/or Tribal MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure moving activities are observed and shall be on The Project Archaeologist and a representative - : In the event that previously unidentified potentially An adequate number of qualified monitors shall be : : or a brief review of the cultural sensitivity of the Project and in sheet for attendees of this training shall be included in the - A final archaeological report shall be prepare Project : itivity Training IV Monitoring Report. Corydon GatewayMitigation Monitoring and Reporting Program procedures in place, which would reduce any impacts to less than significant. These measures shall include, but shall not be limited to, the following: Archaeological Monitpresent to ensure that all earthCultural Sensdesignated by the consulting Tribe(s) shall attend the preUnanticipated Resourcessignificant cultural resources areMonitor(s) shall have the authority to divert or temporarily halt ground disturbance operations in the area of discovery to allow evaluation of potentially significant cultural resources. The Project ArchaeologTribal monitor(s) shall determine the significance of the discovered resources. The Community Development Director or their designee must concur with the evaluation before construction activities will be allowed to resume in tarea. Before construction activities are allowed to resume in the affected area, the artifacts shall be recovered and features recorded using professional archaeological methods. Phase IV Reportarchaeologist and submitted to the Community Development Director or their designee prior to grading final. The report shall follow County of Riverside requirements and shall include at a minimum: a discussion of the monitoring during all grading activities for areas to be monitored including offimprovements. Inspections will vary basedexcavated, and the presence and abundance of artifacts and features. The frequency and location of inspections will be determined by the Project Archaeologist, in consultation with the Tribal monitor.contractors to provide Cultural Sensitivity Training for all Construction Personnel. Training will includethe surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event unanticipatwho to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. This is a mandatory training and all construction personnel must attend prioproject site. A signPhase 12 Page Date ____________ Completed December 2020 Date: , , Applicant Monitoring Responsibility Project /DeveloperConstruction Contractor,Project Archaeologist, Tribal MonitorPlanning and Engineering Depts. CHECKLIST Timing Monitoring During Construction PROJECT Process Monitoring Disposition of Resources toric ement) in order that Native American CORYDON GATEWAY are excluded. Any conservation eas In the event cessary for permanent curation. the Project property. The measures for MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure red during the course of grading (inadvertent catalog and any additional recommendations. A final of such shall be provided to the Community Place of the cultural resources, if feasible. Preservation in - In - Project subject to Public Records Request. Cultural Resources Disposition. techniques used; the results of the monitoring program including any 3, - accompanied by payment of the fees ne Preservationplace means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources. Relocation of the resources on relocation shall include, at least, the following: Measures and provisions to protect the future reburial area from any future impacts by means of a deed restriction or other form of protection (e.g.,to demonstrate avoidance in perpetuity.Relocation shall not occur until all legally required cataloging and basic recordation have been completed, with an exception that sacred items, burial goods and Native American human remains, as theyreburial process shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase IV report. The Phase IV Report shall be filed with the City under a confidential cover and notIf relocation is not agreed upon by the Consulting Tribes then the resources shall be curated in a culturally appropriate manner at a Riverside County curation facility that meets State Resources Department Office of HisPreservation 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 1.3. 2. Corydon GatewayMitigation Monitoring and Reporting Program methods andartifacts recovered; an inventory of any resources recovered; updated DPR forms for all sites affected by the development; final disposition of the resources including GPS data; artifactcopy shall be submitted to the City, Project Applicant, the Eastern Information Center (EIC), and the Tribe.MM CULcultural resources are discovediscoveries), the following procedures shall be carried out for final disposition of the discoveries:One or more of the following treatments, in order of preference, shall be employed with the tribes. EvidenceDevelopment Department: 13 Page Date ________________________ Completed December 2020 Date:Date: , ,, ApplicantApplicant . s Monitoring Responsibility Project /DeveloperTribal MonitorPlanning and Engineering DeptProject /DeveloperProject Archaeologist, Tribal Monitor CHECKLIST uring Timing d Monitoring onstruction onstruction Prior toissuance of a grading permitand cAfter c PROJECT Process Monitoring Monitoring Program Project Records to shall ). The Assembly Bill remains/burial goods CORYDON GATEWAY grade meeting. - issuance of a grading permit, the ssional Tribal Monitors during grading, required pre completion of the implementation phase, a 18 process (“Monitoring Tribes” ) Prior to the Upon MITIGATION MONITORING AND REPORTING PROGRAM SB Mitigation Measure tions Standard Scopes of Work posted on the County ance of a grading permit. The Agreement shall address Senate Bill ( Project Tribal Monitoring. Phase IV Report. 4, 5, -- Riverside County Planning Department's requirements for such reports 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. Therebe 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. 52 and/or the ) Corydon GatewayMitigation Monitoring and Reporting Program AB MM CULapplicant shall contact the consulting Native American Tribe(s) that have requested monitoring through consultation with the City during the (applicant shall coordinate with the Tribe(s) to develop individual Tribal Monitoring Agreement(s). A copy of the signed agreement(s) shall be provided to the City of Lake Elsinore Community Development Department, Planning Division prior to the issuthe treatment of any known tribal cultural resources (TCRs) including the project’s approved mitigation measures and conditions of approval; the designation, responsibilities, and participation of profeexcavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human discovered on the site per the Tribe(s) customs and traditions and the City’s mitigation measures/conditions of approval. The Tribal Monitor will have the authority to stop and redirect grading in the immediate area of a find in order evaluate the find and determine the appropriate next steps, in consultation with the Project archaeologist.MM CULPhase IV Cultural Resources Monitoring Report shall be submitted that complies with the for all ground disturbing activities associated with this grading permit. The report shall follow the County of Riverside Planning Department Cultural Resources (Archaeological) Investigawebsite. The report shall include results of any feature relocation or residue analysis required as well as evidence of the required cultural sensitivity training for the construction staff held during the 14 Page Date ________________________ Completed December 2020 Date:Date: ,, , ApplicantApplicant de County Monitoring Responsibility Project/DeveloperConstruction Contractor, Project Archaeologist, Tribal Monitor, Riverside County CoronerPlanning Dept.Project /DeveloperRiversiCoroner CHECKLIST Timing Monitoring onstructionfter onstruction During cDuring and ac PROJECT Disclosure - Process Monitoring Assessment, Treatment, and Disposition of Human RemainsNonof Resource Reburials t of the o withhold 00 feet of Native American Section 5097). The \] CORYDON GATEWAY that human remains (or understood by all parties PRC 5097.98(e) and 5097.94(k)). It is are in disagreement regarding 7050.5 requires that ) s Code \[ not be disclosed and shall not be In the event MLD MITIGATION MONITORING AND REPORTING PROGRAM If human remains are determined to be Native ; Public Resource Mitigation Measure NAHC s a felony (Section 7052). most likely descendent ( Disclosure of Reburial Location. - Project Discovery of Human Remains.Non 6, 7, -- L and Safety Code Section 7050.5(b). Section ur with the NAHC, if requested (see PRC Section Corydon GatewayMitigation Monitoring and Reporting Program MM CUremains that may be human) are discovered at the project site during grading or earthmoving, the construction contractors, project archaeologist and/or designated Native American Monitor shall immediately stop all activities within 1the 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 HealthAccording 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 iMM CULthat unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r), parties, and Lead Agencies, will be asked tpublic disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r). 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. American, the applicant shall comply with the state law relating to the disposition of Native American burials that fall within the jurisdiction of the Heritage Commissions (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 treatmenremains as provided in Public Resource Code Section 5097.98. In the event that the applicant and the the disposition of the remains. State law will apply and the mediation process will occ 15 Page Date ____________________________________________________________ Completed December 2020 Date:Date:Date:Date:Date: icant ,,,,, , Dept. Appl Monitoring Responsibility Project /DeveloperPlanning and Engineering Depts.Project Applicant/DeveloperEngineering Dept.Project Applicant/DeveloperBuilding Dept.Project Applicant/DeveloperPlanning Dept.Project Applicant/DeveloperConstruction ContractorBuilding CHECKLIST Timing Monitoring Prior to issuance of a Building PermitPrior to issuance of a Building PermitPrior to issuance of a Building PermitPrior to issuance of a Building PermitPrior to issuance of a Building Permit PROJECT Design Process Monitoring an Site ReviewSite Design ReviewSite Design ReviewSite Design ReviewConstruction Waste Management Pl 4.1 - flow - project 1.1 and E California - percent of and design applicant shall CORYDON GATEWAY 1.2 are incorporated into applicant shall The - percent per estrian improvements meeting the applicant shall incorporate into the Standards. Prior to final site plan Measure T ) The project ) The demand by 30 flow fixtures meeting the requirements of - CAP o the project site plan and design deciduous umbrella form tree per 30 linear feet applicant shall incorporate into the - CALGreen MITIGATION MONITORING AND REPORTING PROGRAM applicant shall incorporate into the project site Mitigation Measure The The gallon non - Mission Trail to connect to the Class II bikeways currently Project 4 are incorporated into the project site plan 1.4. Climate Action Plan ( - - Pedestrian Infrastructure.Bike Lanes.Indoor Water Conservation. Landscaping. Construction Waste Management Plan. 1, 2, 3, 4, 5, 1.4 are incorporated int ----- - at the landscaping meeting the requirements of CAP Measures E Corydon GatewayMitigation Monitoring and Reporting Program Greenhouse Gas Emissions MM GHGproject site plan and design documentation sidewalks or pedestrian paths along all new streets as well as internal sidewalks that link all internal uses. Prior to final site plan approval, the City shall verify that pedrequirements of the project site plan and design documentation.MM GHGplan and design documentation a bike lane along the project site boundary with Corydon Street and located on Corydon Street and Mission Trail. Prior to final site plan approval, the City shall verify that bike lane improvements meeting the requirements of CAP Measure TMM GHGdemonstrate, in the project building plans or other design documentation, faucets, toilets, and showers installed within the proposed uses that utilize lowMM GHGlandscape plan one 15of boundary length. The landscape plan shall be designed to be consistent with the requirements of AB 1881. Prior to final site plan approval, the City shall verify thMM GHGprovide a Construction Waste Management Plan which demonstrates how the project would recycle and/or salvage for reuse a minimum of 65 nonhazardous construction and demolition waste. Prior to issuing a demolition, grading, building, or other construction permit, the City shall verify that a Construction Waste Management Plan is in place meeting the requirements of CAP Measure S documentation.fixtures that would reduce indoor water Green Building Standards Code (approval, the City shall verify that lowCAP Measure Edocumentation.are incorporated into the project site plan and design documentation. 16 Page Date ________________________________________________ Completed December 2020 Date:Date:Date:Date: ,,,, City Dept. Monitoring Responsibility Project Applicant/DeveloperBuilding and Planning Depts.Project Applicant/DeveloperBuilding Project Applicant/DeveloperBuilding Dept.Project Applicant/Developer CHECKLIST Timing ance of a Monitoring perations Prior to issuBuilding PermitPrior to Issuance of Occupancy Permit Prior to issuance of a Building PermitDuring o PROJECT Process e Design Monitoring Site Design ReviewSite Design ReviewSitReviewSite Inspection - by for at least - o final site plan emitting, fuel - percent of the total CORYDON GATEWAY incorporate into the applicant shall designate, The applicant shall specify in the applicant shall require recycling The The 2.1.1.2 are incorporated into the project site plan project applicant shall -- 1.5 are incorporated into the project site plan and Efficient Vehicles. - The MITIGATION MONITORING AND REPORTING PROGRAM - Mitigation Measure project’s operational waste to landfill be a minimum of Reflectance Index 3 per CALGreen Tier 1 values. Prior to final Project Bicycle Parking. Parking for FuelCool Roof Requirements.Solid Waste Reduction. , 6, 78, 9, ---- ity shall verify that a minimum of 10 percent of parking spaces are designated Corydon GatewayMitigation Monitoring and Reporting Program MM GHGproject site plan and design documentation, a permanently anchored bicycle racks within 200 feet of the visitor entrance and readily visible to passersfive percent of visitor motorized vehicle parking capacity. Prior tapproval, the City shall verify that bicycle parking improvements meeting the requirements of CAP measure Tdesign documentation.MM GHGthrough signage and/or pavement marking, at a minimum, 10 project employee and visitor parking spaces for Clean Air Vehicles. Parking spaces for Clean Air Vehicles may be any combination of lowMM GHGbuilding plans or design documentation, roofing materials that have a thermal emittance or Solar building plan approval, the City shall verify that cool roof improvements meeting the requirements of CAP Measure EMM GHGprograms that reduce the 75 percent, per AB 341. efficient, and carpool/vanpool vehicles. Prior to issuing an occupancy permit, the Cfor Clean Air Vehicles (e.g., through signage and/or pavement marking), meeting the requirements of CAP Measure Tand design documentation.