HomeMy WebLinkAbout2022-016 Murrieta Creek Multi-Use Trail Project - CEQARESOLUTION NO. 2022-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE MURRIETA
CREEK MULTI-USE TRAIL PROJECT (ER 2021-003) (SCH NO. 2021120441)
Whereas, the City of Lake Elsinore (City) is proposing to construct a new multi-use
trail located in the southwest area of the City; 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 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, and based upon the standards set
forth in CEQA Guidelines Section 15070, it was determined that it was appropriate to prepare and
circulate Mitigated Negative Declaration (MND) (ER 2021-003) for the Project; and
Whereas, pursuant to CEQA Guidelines Section 15072, on December 20, 2021, the City
duly issued a Notice of Availability and Intent to Adopt an MND; and
Whereas, in accordance with CEQA Guidelines Section 15073, the MND was made
available for public review and comment for a minimum of thirty days beginning on December 20,
2021, and ending on January 19, 2022; 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, on February 8, 2022, at a duly noticed public meeting, the City Council (Council)
has considered evidence presented by the Community Development 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. That 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.
DocuSign Envelope ID: 89688374-D7AD-43DF-A08F-C1B7355BF940
CC Reso. No. 2022-16
Page 2 of 2
Section 3. The Council hereby finds that the MND for the Project is adequate and has
been completed in accordance with CEQA, the State 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 to the Council.
Section 5. A MMRP for the Project has been prepared in accordance with Section 21081.6
of CEQA, and the Council hereby adopts the MMRP, which is attached here to as Exhibit “A1”.
Section 6. Based upon the evidence presented, and the above findings, the Council of
the City of Lake Elsinore adopts an MND and the MMRP for the Murrieta Creek Multi-Use Trail
Project (ER 2021-003; SCH No. 202120441).
Section 7. This Resolution shall take effect immediately upon its adoption.
Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this 8th day of February 2022.
Timothy J. Sheridan
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. 2022-16 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of February 8, 2022 and that the same was adopted by the following vote:
AYES: Council Members Tisdale and Manos; Mayor Pro Tem Johnson; and Mayor Sheridan
NOES: None
ABSENT: None
ABSTAIN: Council Member Magee
Candice Alvarez, MMC
City Clerk
DocuSign Envelope ID: 89688374-D7AD-43DF-A08F-C1B7355BF940
MITIGATION MONITORING AND REPORTING PROGRAM
MURRIETA CREEK MULTI-USE TRAIL PROJECT
Murrieta Creek Multi-Use Trail Project February 2022
Mitigation Monitoring and Reporting Program Page 1
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
Section 21081.6).
In compliance with Public Resources Code Section 21081.6, the following Mitigation Monitoring and
Reporting Checklist has been prepared for the Murrieta Creek Multi-Use Trail project (City Project No.
Z10057). 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 Murrieta Creek Multi-Use Trail project file.
This Mitigation Monitoring and Reporting Program delineates responsibilities for monitoring the
Program, but also allows the 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 City distributes 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 City as appropriate.
• Periodic meetings may be held during project implementation to report on compliance of
mitigation measures.
• Responsible parties provide the City with 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 City prepares 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.
MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST
MURRIETA CREEK MULTI-USE TRAIL PROJECT
Murrieta Creek Multi-Use Trail Project February 2022
Mitigation Monitoring and Reporting Program Page 2
Mitigation Measure Monitoring
Process
Monitoring
Timing
Monitoring
Responsibility
Date
Completed
Biological Resources
MM BIO-1, Temporary Impact Revegetation. Upon completion of construction
activities, the City shall restore and revegetate temporary impact areas to
conditions that are equivalent or superior to pre-activity conditions resulting in a
functional uplift through implementation of the following:
• Removal of any remaining rooted non-native vegetation, debris, and any
foreign aggregate (asphalt, concrete, etc.)
• Decompaction of the upper 4-6 inches of soil
• Pre-seeding wetting of the soil surface with a water truck
• Hydroseeding with native seed palette (to include native paniculate and
smooth tarplant seed, if available), mycorrhizae, and carbon/fiber mulch
mix.
• Post-seeding wetting with water truck.
• Monitoring and maintenance by biologist during 45-day plant
establishment period.
• A minimum of 2 years of weed suppression in the temporary impact
areas to promote the establishment of native species and minimize the
abundance of invasive species. Weeds would be treated (manually or
chemically) at least twice a year during the suppression period.
• As-built report by biologist sent to the Resource Conservation Authority
(RCA), U.S. Fish and Wildlife Service, and California Department of
Fish and Wildlife (herein referred to as Wildlife Agencies).
Revegetation
and monitoring
After
construction
Qualified
Biologist,
Project Applicant,
Construction
Contractor,
Planning and
Engineering Depts.
Date: ____________
MM BIO-2, Pre-Construction Burrowing Owl Survey and Avoidance. Within 30
days prior to initiating ground-disturbance activities, the project applicant shall
retain a qualified biologist to complete a 30-day pre-construction survey in
accordance with the Multiple Species Habitat Conservation Plan (MSHCP). A
30-day pre-construction survey for burrowing owls is required prior to initial
ground-disturbing activities (e.g., vegetation clearing, clearing and grubbing, tree
removal, equipment staging, grading, site watering) to ensure that no owls have
colonized the site in the days or weeks preceding the ground-disturbing activities.
If burrowing owls have colonized the project site prior to the initiation of ground-
disturbing activities, the project proponent will immediately inform the RCA and
the Wildlife Agencies, and as a result, will need to coordinate further with RCA
Pre-construction
survey
Prior to
commencement
of construction
Qualified
Biologist,
Project Applicant,
Planning and
Engineering Depts.
Date: ____________
MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST
MURRIETA CREEK MULTI-USE TRAIL PROJECT
Murrieta Creek Multi-Use Trail Project February 2022
Mitigation Monitoring and Reporting Program Page 3
Mitigation Measure Monitoring
Process
Monitoring
Timing
Monitoring
Responsibility
Date
Completed
and the Wildlife Agencies, including the possibility of preparing a Burrowing Owl
Protection and Relocation Plan, prior to initiating ground disturbance. If the
30-day pre-construction survey is negative and burrowing owls are confirmed to
be absent, then ground-disturbing activities shall be allowed to commence. If
ground-disturbing activities occur, but the site is left undisturbed for more than 30
days, a pre-construction survey will again be necessary to ensure burrowing owl
has not colonized the site since the time it was last disturbed. If burrowing owl is
found, the same coordination described above will be necessary.
MM BIO-3, Least Bell’s Vireo and Nesting Bird Avoidance. Construction
activities within 500 feet of least Bell’s vireo occupied habitat and/or an active
raptor nest or within 300 feet of an active passerine nest shall be completed
outside of the breeding season (March 15 to September 15 for least Bell’s vireo
and January 15 to September 15 for raptors and passerines). If construction cannot
avoid the breeding season, construction noise could affect the breeding success.
No loud construction noise (exceeding an hourly average of 60 dBA, or 3 dBA
above hourly average ambient noise levels at the nesting site, whichever is higher)
may take place within 500 feet of active nesting sites during the vireo breeding
season (March 15 to September 15) or the breeding season for raptors (January 15
to September 15), or within 300 feet of active passerine nests during the breeding
season (January 15 to September 15).
Noise levels may be mitigated with a noise control barrier. The use of noise
control barriers is determined on a case-by-case basis subject to the approval of
the Wildlife Agencies. The noise barriers may be 10 feet in height and be located
between the facilities’ construction operations and adjacent sensitive habitat to the
east and west of the project construction site. Noise control barriers would be
installed outside of the breeding season.
The barriers shall be solid and may be constructed of masonry, wood, plastic,
fiberglass, steel, or a combination of those materials, with no cracks or gaps
through or below the wall. Any seams or cracks should be filled or caulked. If
wood is used, it can be tongue and groove or close butted seams and be at least
¾-inch thick or have a surface density of at least 3.5 pounds per square-foot. Sheet
metal of 18 gauge (minimum) may be used if it meets the other criteria and is
properly supported and stiffened so that it does not rattle or create noise itself from
vibration or wind. Noise blankets, hoods, or covers also may be used, provided
they are appropriately implemented to provide the required sound attenuation.
Pre-construction
survey and
monitoring
Prior to and
during
construction
Qualified
Biologist, Project
Applicant,
Construction
Contractor,
Planning,
Building and
Engineering
Depts.
Date: ____________
MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST
MURRIETA CREEK MULTI-USE TRAIL PROJECT
Murrieta Creek Multi-Use Trail Project February 2022
Mitigation Monitoring and Reporting Program Page 4
Mitigation Measure Monitoring
Process
Monitoring
Timing
Monitoring
Responsibility
Date
Completed
A qualified biologist shall monitor the construction operations. The biological
monitor shall be present to monitor construction activities that occur adjacent to
the undeveloped open space area potentially supporting breeding birds. The
monitor shall verify that construction noise levels do not exceed the acceptable
levels listed above and shall have the ability to halt construction work, if
necessary, and confer with the City, and if applicable, the Wildlife Agencies, to
ensure no breeding birds are adversely affected and additional protection measures
are properly implemented during construction. The biologist shall report any
violation to the Wildlife Agencies within 24 hours of its occurrence.
MM BIO-4, Permanent Impact Compensatory Mitigation. Prior to the issuance
of a grading permit, the City shall mitigate for permanent impacts to habitat below
the 1,265-foot elevation limit, including riparian/riverine and like-functioning
grassland habitat, in accordance with the ratios and acreages specified below and
through one or a combination of the following options:
Habitat
Permanent
Impacts
(Acres)
Mitigation Ratio
Total Mitigation
Required
(Acres)
Riparian Woodland 0.05 3:1 0.15
Streambed 0.02 2:1 0.04
Tamarisk Scrub 0.6 2:1 1.2
Non-native Woodland 0.3 2:1 0.6
Disturbed/Ruderal 0.9 2:1 1.8
• Purchase of off-site re-establishment and/or rehabilitation credits from
the Riverpark Mitigation Bank or alternative mitigation bank approved
by the RCA and Wildlife Agencies, to include at least 1.81 acres of
re-establishment credits; and/or
• Preservation of land in perpetuity within the Lake Elsinore Back Basin or
alternative location approved by the RCA and Wildlife Agencies.
Verification of
purchase of
mitigation
credits and/or
endowment for
long-term
management of
mitigation site
Prior to
issuance of
grading permit
Project
Applicant,
Planning and
Engineering
Depts.
Date: ____________
MM BIO-5, Fencing and Signage Plans. Prior to initiating ground disturbance,
the City shall prepare and submit to the RCA and Wildlife Agencies for approval
plans detailing the trail fencing and signage type, materials, and specifications. At
a minimum, the fencing shall be designed to restrict humans and pets, with the
expected design to be split-rail fence or similar. Signage will be installed at
trailheads to convey proper trail usage, with bollards to preclude vehicular access.
Signs will convey proper trail usage, including requiring users to stay on the trail,
Submittal and
approval of trail
fencing and
signage plans to
the RCA and
Wildlife
Agencies
Prior to
commencement
of construction
Project
Applicant,
Planning and
Engineering
Depts.
Date: ____________
MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST
MURRIETA CREEK MULTI-USE TRAIL PROJECT
Murrieta Creek Multi-Use Trail Project February 2022
Mitigation Monitoring and Reporting Program Page 5
Mitigation Measure Monitoring
Process
Monitoring
Timing
Monitoring
Responsibility
Date
Completed
prohibiting littering, asking people to report littering, prohibiting feeding of all
wildlife, and requiring that pets be on leash. The RCA and Wildlife Agencies shall
provide their written approval via e-mail or alternative format prior to the City
initiating ground disturbance activities for construction.
Cultural Resources
MM CUL-1, Unanticipated Resources. The developer/permit holder or a
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. 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.
Assessment of
resources
During
construction
Project
Applicant,
Construction
Contractor,
Project
Archaeologist,
Tribal Monitor,
Planning and
Engineering
Depts.
Date: ____________
MM CUL-2, Archaeologist/Cultural Resources Monitoring Program. Prior to
issuance of grading permits, the Property Owner/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 implement a Cultural Resource Monitoring Program (CRMP) that
addresses the details of 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 coordination with the consulting tribe(s), and
Construction
monitoring
program
Prior to
issuance of a
grading permit
and during
construction
Project
Applicant,
Project
Archaeologist,
Tribal Monitor,
Planning Dept.
Date: ____________
MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST
MURRIETA CREEK MULTI-USE TRAIL PROJECT
Murrieta Creek Multi-Use Trail Project February 2022
Mitigation Monitoring and Reporting Program Page 6
Mitigation Measure Monitoring
Process
Monitoring
Timing
Monitoring
Responsibility
Date
Completed
provided 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 implemented. The
CRMP requires that impacts on cultural resources will not occur without
procedures in place, which would reduce impacts to less than significant. These
measures shall include, but shall not be limited to, the following:
Archaeological Monitor - An adequate number of qualified monitors shall be
present to ensure that earth-moving activities are observed and shall be on-site
during grading activities for areas to be monitored including off-site
improvements. Inspections will vary based on the rate of excavation, the materials
excavated, 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.
Cultural Sensitivity Training - The Project Archaeologist and a representative
designated by the consulting Tribe(s) shall attend the pre-grading meeting with the
contractors to provide Cultural Sensitivity Training for construction personnel.
Training will include a brief review of the cultural sensitivity of the Project and
the surrounding area; what resources could potentially be identified during
earthmoving activities; the requirements of the monitoring program; the protocols
that apply in the event unanticipated cultural resources are identified, including
who to contact and appropriate avoidance measures until the find(s) can be
properly evaluated; and other appropriate protocols. This is a mandatory training
and construction personnel must attend prior to beginning work on the project site.
A sign-in sheet for attendees of this training shall be included in the Phase IV
Monitoring Report.
Unanticipated Resources - In the event that previously unidentified potentially
significant cultural resources are discovered, the Archaeological and/or Tribal
Monitor(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 Archaeologist, in consultation with the
Tribal 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 the affected
area. Before construction activities are allowed to resume in the affected area, the
artifacts shall be recovered and features recorded using professional
archaeological methods.
MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST
MURRIETA CREEK MULTI-USE TRAIL PROJECT
Murrieta Creek Multi-Use Trail Project February 2022
Mitigation Monitoring and Reporting Program Page 7
Mitigation Measure Monitoring
Process
Monitoring
Timing
Monitoring
Responsibility
Date
Completed
Phase IV Report - A final archaeological report shall be prepared by the Project
archaeologist 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
methods and techniques used; the results of the monitoring program including
artifacts recovered; an inventory of resources recovered; updated DPR forms for
sites affected by the development; final disposition of the resources including GPS
data; artifact catalog and additional recommendations. A final copy shall be
submitted to the City, Project Applicant, the Eastern Information Center, and the
Tribe.
MM CUL-3, Cultural Resources Disposition. In the event that Native American
cultural resources are discovered during the course of grading (inadvertent
discoveries), the following procedures shall be carried out for final disposition of
the discoveries:
One or more of the following treatments, in order of preference, shall be employed
with the tribes. Evidence of such shall be provided to the Community
Development Department:
1. Preservation-In-Place of the cultural resources, if feasible. Preservation in
place means avoiding the resources, leaving them in the place where they
were found with no development affecting the integrity of the resources.
2. Relocation of the resources on the Project property. The measures for
relocation shall include, at least, the following: Measures and provisions to
protect the future reburial area from future impacts by means of a deed
restriction or other form of protection (e.g., conservation easement) in order to
demonstrate avoidance in perpetuity.
Relocation shall not occur until legally required cataloging and basic
recordation have been completed, with an exception that sacred items, burial
goods and Native American human remains, as they are excluded. Reburial
processes 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 not
subject to Public Records Request.
3. If 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 Historic
Disposition of
resources
During
Construction
Project
Applicant,
Construction
Contractor,
Project
Archaeologist,
Tribal Monitor,
Planning and
Engineering
Depts.
Date: ____________
MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST
MURRIETA CREEK MULTI-USE TRAIL PROJECT
Murrieta Creek Multi-Use Trail Project February 2022
Mitigation Monitoring and Reporting Program Page 8
Mitigation Measure Monitoring
Process
Monitoring
Timing
Monitoring
Responsibility
Date
Completed
Preservation Guidelines for the Curation of Archaeological Resources,
ensuring access and use pursuant to the Guidelines. The collection and
associated records shall be transferred, including title, and are to be
accompanied by payment of the fees necessary for permanent curation.
Evidence of curation in the form of a letter from the curation facility stating
that subject archaeological materials have been received and that fees have
been paid, shall be provided by the landowner to the City. There shall be no
destructive or invasive testing on sacred items, burial goods and Native
American human remains. Results concerning finds of inadvertent discoveries
shall be included in the Phase IV monitoring report.
MM CUL-4, Tribal Monitoring. Prior to the issuance of a grading permit, the
applicant shall contact the consulting Native American Tribe(s) that have
requested monitoring through consultation with the City during the AB 52 and/or
the Senate Bill (SB) 18 process (“Monitoring Tribes”). 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 issuance of a grading permit. The Agreement shall address the treatment of
known tribal cultural resources (TCRs) including the project’s approved
mitigation measures and conditions of approval; the designation, responsibilities,
and participation of professional Tribal Monitors during grading, excavation and
ground-disturbing activities; project grading and development scheduling; terms of
compensation for the monitors; and treatment and final disposition of cultural
resources, sacred sites, and human remains/burial goods 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 to evaluate the find and determine
the appropriate next steps, in consultation with the Project archaeologist.
Construction
Monitoring
Program
Prior to
issuance of a
grading permit
and during
construction
Project
Applicant, Tribal
Monitor,
Planning and
Engineering
Depts.
Date: ____________
MM CUL-5, Phase IV Report. Upon completion of the implementation phase, a
Phase IV Cultural Resources Monitoring Report shall be submitted that complies
with the Riverside County Planning Department’s requirements for such reports
for ground-disturbing activities associated with this grading permit. The report
shall follow the County of Riverside Planning Department Cultural Resources
(Archaeological) Investigations Standard Scopes of Work posted on the County
website. The report shall include results of feature relocation or residue analysis
required as well as evidence of the required cultural sensitivity training for the
construction staff held during the required pre-grade meeting.
Project records After
construction
Project
Applicant,
Project
Archaeologist,
Tribal Monitor
Date: ____________
MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST
MURRIETA CREEK MULTI-USE TRAIL PROJECT
Murrieta Creek Multi-Use Trail Project February 2022
Mitigation Monitoring and Reporting Program Page 9
Mitigation Measure Monitoring
Process
Monitoring
Timing
Monitoring
Responsibility
Date
Completed
MM CUL-6, Discovery of Human Remains. In the event that human remains (or
remains 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 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 Native American Heritage
Commission (NAHC) (Public Resources Code [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 disagree 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).
Assessment,
treatment, and
disposition of
human remains
During
construction
Project
Applicant,
Construction
Contractor,
Project
Archaeologist,
Tribal Monitor,
Riverside County
Coroner,
Planning Dept.
Date: ____________
MM CUL-7, Non-Disclosure of Reburial Location. It is understood by the
parties that unless otherwise required by law, the site of reburial of Native
American human remains or associated grave goods shall not be disclosed and
shall not be governed by public disclosure requirements of the California Public
Records Act. The Coroner, pursuant to the specific exemption set forth in
California Government Code 6254 (r), parties, and Lead Agencies, will be asked
to withhold public disclosure information related to such reburial, pursuant to the
specific exemption set forth in California Government Code 6254 (r).
Non-Disclosure
of resource
reburials
During and
after
construction
Project
Applicant,
Riverside County
Coroner
Date: ____________
Geology and Soils
MM GEO-1, Paleontological Resources Survey. Prior to the commencement of
construction, a qualified paleontologist shall be retained to conduct a
Paleontological Resources Survey of the project site to determine the site‐ specific
potential of finding paleontological resources within the project site. If the
Assessment of
resources and
implementation
of a construction
Prior to and
during
construction
Project
Applicant,
Qualified
Paleontologist,
Date: ____________
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approved Paleontological Resources Survey determines that it is unlikely that
paleontological resources will be uncovered, grading and construction activities
may proceed. However, if the approved Paleontological Resources Survey
determines that there is potential for the likelihood to uncover paleontological
resources during construction, a qualified paleontologist shall be retained to
develop a Paleontological Resources Monitoring and Treatment Plan (PRMTP) for
approval by the Community Development Director. Following Community
Development Director approval of the PRMTP, grading and construction activities
may proceed in compliance with the provisions of the approved PRMTP. The
PRMTP shall include the following measures:
• Identification of those locations within the project site where
paleontological resources have potential to be uncovered during grading.
• A monitoring program specifying the procedures for the monitoring of
grading activities by a qualified paleontologist.
• If fossil remains large enough to be seen are uncovered by earth‐moving
activities, a qualified paleontologist or qualified designee shall
temporarily divert earth‐moving activities around the fossil site until the
remains have been evaluated for significance and, if appropriate, have
been recovered; and the paleontologist or qualified designee allows earth‐
moving activities to proceed through the site. If potentially significant
resources are encountered, a letter of notification shall be provided in a
timely manner to the Community Development Director, in addition to
the report (described below) that is filed at completion of grading.
• If a qualified paleontologist or qualified designee is not present when
fossil remains are uncovered by earth‐moving activities, these activities
shall be stopped and a qualified paleontologist or qualified designee shall
be called to the site immediately to evaluate the significance of the fossil
remains.
• At a qualified paleontologist’s or qualified designee’s discretion and to
reduce any construction delay, a construction worker shall assist in
removing fossiliferous rock samples to an adjacent location for temporary
stockpiling pending eventual transport to a laboratory facility for
processing.
• A qualified paleontologist or qualified designee shall collect all
significant identifiable fossil remains. All fossil sites shall be plotted on a
monitoring
program
Planning and
Engineering
Depts.
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topographic map of the Project site. h. If the qualified paleontologist or
qualified designee determines that insufficient fossil remains have been
found after fifty percent of earthmoving activities have been completed,
monitoring can be reduced or discontinued.
• Any significant fossil remains recovered in the field as a result of
monitoring or by processing rock samples shall be prepared, identified,
catalogued, curated, and accessioned into the fossil collections of the San
Bernardino County Museum, or another museum repository complying
with the Society of Vertebrate Paleontology standard guidelines.
Accompanying specimen and site data, notes, maps, and photographs also
shall be archived at the repository.
• Within 6 months following completion of the above tasks, a qualified
paleontologist or qualified designee shall prepare a final report
summarizing the results of the mitigation program and presenting an
inventory and describing the scientific significance of any fossil remains
accessioned into the museum repository. The report shall be submitted to
the Community Development Department – Planning Division and the
museum repository. The report shall comply with the Society of
Vertebrate Paleontology standard guidelines for assessing and mitigating
impacts on paleontological resources.
Noise
MM NOI-1, Construction Management Plan. Noise levels from project-related
construction activities shall not exceed the noise limit specified in the City of Lake
Elsinore Municipal Code of 75 dBA, when measured at the boundary line of any
occupied property where noise is being received. A Construction Management
Plan that describes the measures included on the construction plans to ensure
compliance with the noise limit shall be prepared and approved by the City prior
the commencement of construction. The following measures may be included to
reduce construction noise:
• Construction equipment to be properly outfitted and maintained with
manufacturer-recommended noise-reduction devices.
• Diesel equipment to be operated with closed engine doors and equipped
with factory-recommended mufflers.
Construction
management
Plan
During
construction
Project
Applicant,
Construction
Contractor,
Planning and
Engineering
Depts.
Date: ____________
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• Mobile or fixed “package” equipment (e.g., arc welders and air
compressors) to be equipped with shrouds and noise control features that
are readily available for that type of equipment.
• Electrically powered equipment to be used instead of pneumatic or
internal combustion-powered equipment, where feasible.
• Unnecessary idling of internal combustion engines (e.g., in excess of 5
minutes) to be prohibited.
• Material stockpiles and mobile equipment staging, parking, and
maintenance areas to be located as far as practicable from noise sensitive
receptors.
• The use of noise-producing signals, including horns, whistles, alarms, and
bells, shall be for safety warning purposes only.
• No project-related public address or music system shall be audible at any
adjacent sensitive receptor.
• Temporary sound barriers or sound blankets may be installed between
construction operations and adjacent noise-sensitive land uses to
adequately reduce noise levels. If a barrier is used, the project Contractor
shall construct a temporary noise barrier at least six feet in height meeting
the specifications listed below (or of a Sound Transmission Class [STC]
19 rating or better) to attenuate noise.
• If a temporary barrier is used, all barriers shall be solid and constructed of
wood, plastic, fiberglass, steel, masonry, or a combination of those
materials, with no cracks or gaps through or below the wall. Any seams or
cracks must be filled or caulked. If wood is used, it can be tongue and
groove or close butted seams and must be at least ¾-inch thick or have a
surface density of at least 3.5 pounds per square-foot. Sheet metal of
18 gauge (minimum) may be used if it meets the other criteria and is
properly supported and stiffened so that it does not rattle or create noise
itself from vibration or wind. Noise blankets, hoods, or covers also may
be used, provided they are appropriately implemented to provide the
required sound attenuation.
• The project applicant shall notify residences within 100 feet of the
project’s property line in writing within one week of any construction
activity. The notification shall describe the activities anticipated, provide
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dates and hours, and provide contact information with a description of a
complaint and response procedure.
• The on-site construction supervisor shall have the responsibility and
authority to receive and resolve noise complaints. A clear appeal process
for the affected resident shall be established prior to construction
commencement to allow for resolution of noise problems that cannot be
immediately solved by the site supervisor.
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