HomeMy WebLinkAbout2022-057 Planning Application No. 2021-13 (North Elsinore Business Park) CEQARESOLUTION NO. 2022-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ER
2021-04) (SCH NO. 2022030368) FOR PLANNING APPLICATION NO. 2021-13
(TENTATIVE PARCEL MAP NO. 38124 AND INDUSTRIAL DESIGN REVIEW
NO. 2021-01)
Whereas, Mark Severson, Saddleback Associates has filed an application with the City of
Lake Elsinore (City) requesting approval of Planning Application No. 2021-13 (Tentative Parcel
Map No. 38124 and Industrial Design Review No. 2021-01) to subdivide the 7.51-acre site into
12 parcels ranging in size from 0.34 acres to 0.88 acres. The project also proposes to develop a
neighborhood business park with 12 buildings (approximately 94,665 sq. ft. in total) ranging in
size from 5,900 sq. ft. to 10,200 sq. ft. that would be constructed in five (5) separate building
clusters. The project will provide 276 parking spaces including 21 accessible spaces, landscaping,
and related site improvements. The site is located southerly of the I-15 freeway, between Collier
Avenue and El Toro Road (APNs: 389-220-003, 004, 005, and 006); 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. 2021-
04), and based upon the standards set forth in CEQA Guidelines Section 15070, it was
determined that it was appropriate to prepare and circulate a Mitigated Negative Declaration
(MND) for the Project; and,
Whereas, pursuant to CEQA Guidelines Section 15072, on March 17, 2022, the City duly
issued a notice of intent to adopt the MND; and,
Whereas, in accordance with CEQA Guidelines Section 15073, the MND was made
available for public review and comment for a minimum of 30 days beginning on March 17, 2022,
and ending on April 15, 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, the Planning Commission (Commission) has been delegated with the
responsibility of making recommendations to the City Council (Council) for adopting MNDs; and,
Whereas, the MND was sent to the Commission members on or about November 19,
2021 and considered by the Commission on May 3, 2022 at a duly noticed Public Hearing and,
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after consideration of evidence presented by the Community Development Department and other
interested parties on the adequacy of the MND, and the Commission adopted a resolution
recommending that the Council adopt the MND for the project; and,
Whereas, on June 14, 2022, at a duly noticed Public Hearing, the Council has considered
the recommendation of the Commission as well as evidence presented by the Community
Development Department and other interested parties with respect to this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: The foregoing recitals are true and correct and are hereby incorporated into
these findings by this reference.
Section 2: The Council has considered and evaluated all written and oral staff reports and
comments received from persons who have reviewed the MND, the comments submitted on the
MND; the responses to those comments, the public testimony, and such other matters as are
reflected in the record of the public hearing on the project and the MND.
Section 3: The Council hereby finds that the MND for the project is adequate and has
been completed in accordance with the CEQA Guidelines and the City’s procedures for
implementation of CEQA. The Council has reviewed and considered the information contained in
the MND and finds that the MND represents the independent judgment of the City.
Section 4: The Council further finds and determines that none of the circumstances listed
in CEQA Guidelines Section 15073.5 requiring recirculation of the MND are present and that it
would be appropriate to adopt the MND as proposed.
Section 5: The Council hereby makes, adopts, and incorporates the following findings
regarding the potential environmental impacts of the project and the analysis and conclusions set
forth in the MND:
1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a
Mitigated Negative Declaration and Initial Study was released for public review and
mitigation measures set forth in the Initial Study would avoid the effects or mitigate the
effects to a point where clearly no significant effects would occur.
Based upon the Initial Study conducted for the Project, there is substantial evidence
suggesting that all potential impacts to the environment resulting from the Project can be
mitigated to less than significant levels. All appropriate and feasible mitigation has been
incorporated into the Project design. The Mitigation Monitoring and Reporting Plan contains
an implementation program for each mitigation measure. After implementation of the
mitigation contained in the MMRP, potential environmental impacts are effectively reduced
to less than significant levels.
2. There is no substantial evidence, in the light of the whole record before the agency including
the initial study and any comments received, that there is no substantial evidence that the
Project will have significant effect on the environment.
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.
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Section 6: Based upon the evidence presented, the above findings, and the conditions of
approval imposed upon the Project, the Council hereby adopts MND (ER 2021-04; SCH No.
2022030368) and the MMRP, which is attached hereto as Exhibit “A1”, for Planning Application
No. 2021-13 (Tentative Parcel Map No. 38124 and Industrial Design Review No. 2021-01).
Section 7: This Resolution shall take effect immediately upon its adoption.
Section 8: The City Clerk shall certify to the adoption of this Resolution and enter it into
the book of original Resolutions.
Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this 14th day of June 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. 2022-57 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of June 14, 2022 and that the same was adopted by the following vote:
AYES: Council Members Magee, Tisdale, and Manos; and Mayor Sheridan
NOES: None
ABSENT: Mayor Pro Tem Johnson
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
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MITIGATION MONITORING AND REPORTING PROGRAM
PROJECT NAME: North Elsinore Business Park : Planning Application (PA) No. 2021-13; Tentative Parcel Map (TPM) No. 38124;
Industrial Design Review (IDR) No. 2021-01; and Environmental Review No. 2021-04 (ER 2021-04)
DATE: June 2022
PROJECT MANAGER: Damaris Abraham, Planning Manager
PROJECT DESCRIPTION: The Project consists of Planning Application No. 2021-13 for a Tentative Parcel Map No. 38124 (TPM 38124) and
Industrial Design Review No. 2021-01, collectively known as North Elsinore Business Park. The Project will
provide a neighborhood business park with approximately 94,665 square feet (sq. ft.) of commercial space in 5
separate building clusters.
Total Building – 94,665 sq. ft.
o Building 1 – 9,000 sq. ft.
o Building 2 – 8,300 sq. ft.
o Building 3 – 9,850 sq. ft.
o Building 4 – 9,140 sq. ft.
o Building 5 – 7,070 sq. ft.
o Building 6 – 5,595 sq. ft.
o Building 7 – 8,270 sq. ft.
o Building 8 – 6,120 sq. ft.
o Building 9 – 7,000 sq. ft.
o Building 10 – 8,220 sq. ft.
o Building 11 – 10,200 sq. ft.
o Building 12 – 5,900 sq. ft.
PROJECT LOCATION: The Project site is located in the City of Lake Elsinore (City), Riverside County, California, located southerly of the I-
15 freeway, between Collier Avenue and El Toro Road. The Project site consists of an approximately 7.5 -acre
undeveloped area (Assessor’s Parcel Numbers 389-220-003, 004, 005, and 006) and is located within Section 36,
Township 5S, Range 5W as shown on the Lake Elsinore, California 7.5 minute U.S. Geologic Survey (USGS)
topographic map.
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IS SECTION MITIGATION MEASURE
RESPONSIBILITY
FOR
IMPLEMENTATION
VERIFICATION COMMENTS
IV.
BIOLOGICAL
RESOURCES
MM-BIO-1: MSHCP Fees. Prior to issuance of a
building permit, the applicant/developer shall pay the
Western Riverside County Multiple Species Habitat
Conservation Plan (MSHCP) development mitigation
fee for commercial development in effect at the time the
permits are issued.
Applicant/Developer CITY OF LAKE
ELSINORE
Planning and
Building &
Safety Divisions
MM-BIO-2: SKR Fee. Prior to issuance of a grading
permit, the applicant/developer shall pay the County’s
Stephens’ Kangaroo Rat Mitigation Fee (Riverside
County Ordinance 663.10) development mitigation fee
for commercial development in effect at the time the
permits are issued.
Applicant/Developer CITY OF LAKE
ELSINORE
Planning and
Building &
Safety Divisions
MM-BIO-3: Pre-Construction Nesting Bird Survey
and Avoidance. Implementation of the following
recommended measures would help assure avoidance
and/or minimization of potential impacts to nesting birds
and raptors:
To avoid take of nesting birds, vegetation removal
and initial ground disturbance should occur outside
the nesting bird breeding season, which is
approximately February 1 through August 31. If
construction must begin within the bird breeding
season, then no more than one (1) week prior to
ground disturbance and/or vegetation removal, a
nesting bird preconstruction survey should be
conducted by a qualified biologist within the
disturbance footprint plus a 300-foot buffer. If no
nests are observed, no further action is required.
If nests are found, their locations should be flagged
and then mapped onto an aerial photograph of the
Project site and/or recorded with the use of a GPS
unit. An appropriate avoidance buffer (size of buffer
depending upon the species and the proposed work
activity) should be determined and demarcated by
a qualified biologist. No work should occur within
the avoidance buffer, and a qualified biologist
should be present on site to monitor bird behavior
Applicant/Developer
and Qualified
Biologist
CITY OF LAKE
ELSINORE
Planning
Division and
Engineering
Dept.
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and ensure no disturbance to the nest occurs as
necessary.
If disturbance is detected (e.g., alarm calling, flight
from the nest) as determined by the qualified
biologist, work in the area should halt immediately
until such time as the young have left the nest of
their own volition. Work may take place on other
areas of the Project site as long the activity does
not likewise result in disturbance to the nest or
nesting bird, as determined by a qualified biologist.
V.
CULTURAL
RESOURCES
MM-CUL-1: Unanticipated Resources. The
developer/permit holder or any successor in interest
shall comply with the following for the life of this permit.
If during ground disturbance activities, unanticipated
cultural resources are discovered, the followin g
procedures shall be followed:
1. All ground disturbance activities within 100 feet of
the discovered cultural resource shall be halted until
a meeting is convened between the developer, the
Project Archaeologist, the Native American tribal
representative(s) from consulting tribes (or other
appropriate ethnic/cultural group representative),
and the Community Development Director or their
designee to discuss the significance of the find.
2. The developer shall call the Community
Development Director or their designee immediately
upon discovery of the cultural resource to convene
the meeting.
3. At the meeting with the aforementioned parties, the
significance of the discoveries shall be discussed
and a decision is to be made, with the concurrence
of the Community Development Director or their
designee, as to the appropriate mitigation
(documentation, recovery, avoidance, etc.) for the
cultural resource.
4. Further ground disturbance shall not resume within
Developer/Permit
Holder or Any
Successor in
Interest
CITY OF LAKE
ELSINORE
Planning
Division and
Engineering
Dept.
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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.
5. Treatment and avoidance of the newly discovered
resources shall be consistent with the Cultural
Resources Treatment and Monitoring Agreements
entered into with the appropriate tribes. This may
include avoidance of cultural resources through
project design, in-place preservation of cultural
resources located in native soils, and/or re-burial on
the Project property so they are not subject to further
disturbance in perpetuity as identified in Non-
Disclosure of Reburial Location measure.
6. If the find is determined to be significant and
avoidance of the site has not been achieved, a
Phase III data recovery plan shall be prepared by
the Project Archeologist, in consultation with the
Tribe(s), and shall be submitted to the City for their
review and approval prior to implementation of the
said plan.
7. Pursuant to Calif. Pub. Res. Code § 21083.2(b)
avoidance is the preferred method of preservation
for archaeological resources and cultural resources.
If the Project Applicant and the Tribe(s) cannot
agree on the significance or the mitigation for the
archaeological or cultural resources, these issues
will be presented to the Community Development
Director for decision. The Community Development
Director shall make the determination based on the
provisions of the California Environmental Quality
Act with respect to archaeological resources,
recommendations of the project archeologist and
shall take into account the cultural and religious
principles and practices of the Tribe(s).
Notwithstanding any other rights available under
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the law, the decision of the City Community
Development Director shall be appealable to the
City Planning Commission and/or City Council.”
Evidence of compliance with this mitigation
measure, if a significant archaeological resource is
found, shall be provided to City of Lake Elsinore
upon the completion of a treatment plan and final
report detailing the significance and treatment
finding.
MM-CUL-2: Archaeologist/CRMP. Prior to issuance
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 implement
a Cultural Resource Monitoring Program (CRMP) that
addresses 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 provi ded to the
Community Development Director or their designee for
review and approval prior to issuance of the grading
permit.
The CRMP provides procedures to be followed and are
to ensure that impacts on cultural resources will not
occur without procedures that would reduce the 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 all
earth-moving activities are observed and shall be on -
site during all 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
Applicant/Developer CITY OF LAKE
ELSINORE
Planning
Division
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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 all
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 any other appropriate protocols. This is
a mandatory training, and all 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.
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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
any artifacts 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; artifact catalog and any additional
recommendations. A final copy shall be submitted to the
City, Project Applicant, the Eastern Information Center
(EIC), 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
any future impacts by means of a deed restriction
or other form of protection (e.g., conservation
easement) in order to demonstrate avoidance in
perpetuity.
3. Relocation shall not occur until all legally required
cataloging and basic recordation have been
Applicant/Developer
and Archaeological/
Native American
Monitors
CITY OF LAKE
ELSINORE
Planning
Division
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completed, with an exception that sacred items,
burial goods and Native American human remains
are excluded. Any reburial process shall be
culturally appropriate. Listing of contents and
location of 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.
4. If preservation in place or reburial is not feasible
then the resources shall be curated in the culturally
sensitive matter at a Riverside County curation
facility that meets State Resources Department of
Office of Historic Preservation Guidelines for the
Curation of Archaeological Resources ensuring
access and use pursuant to the Guidelines The
collection and associated records shall be
transferred, including title, and are to be
accompanied by payment of the fees necessary for
permanent curation. Evidence of curation in the
form of a letter from the curation facility stating that
subject archaeological materials have been
received and that all fees have been paid, shall be
provided by the landowner to the City. There shall
be no destructive or invasive testing on sacred
items, burial goods and Native American human
remains. Results concerning finds of any
inadvertent discoveries shall be included in the
Phase IV monitoring report. Evidence of
compliance with this mitigation measure, if a
significant archaeological resource is found, shall
be provided to the City of Lake Elsinore upon
completion of a treatment plan and final report
detailing the significance and treatment of finding.
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 SB 18 process (“Monitoring
Applicant/Developer CITY OF LAKE
ELSINORE
Planning
Division
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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 any 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 any
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.
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 all 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 any
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.
Applicant/Developer
and Project
Archaeologist
CITY OF LAKE
ELSINORE
Planning
Division
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RESPONSIBILITY
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IMPLEMENTATION
VERIFICATION COMMENTS
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 all activities
within 100 feet of the find. The Project applicant shall
then inform the Riverside County Coroner and the City
of Lake Elsinore Community Development Department
immediately, and the coroner shall be permitted to
examine the remains as required by California Health
and Safety Code Section 7050.5(b).
Section 7050.5 requires that excavation be stopped in
the vicinity of discovered human remains and that no
further disturbance shall occur until the Riverside
County Coroner has made the necessary findings as to
origin. If human remains are determined to be Native
American, the applicant shall comply with the state law
relating to the disposition of Native American burials
that fall within the jurisdiction of the NAHC (PRC
Section 5097). The coroner shall contact the NAHC
within 24 hours and the NAHC will make the
determination of most likely descendant. The most
likely descendant shall then make recommendations
and engage in consultation concerning the treatment of
the remains as provided in Public Resource Code
Section 5097.98. In the event that the applicant and the
MLD are in disagreement regarding the disposition of
the remains, State law will apply, and the mediation
process will occur with the NAHC, if requested (see
PRC Section 5097.98(e) and 5097.94(k)).
According to the California Health and Safety Code, six
or more human burial at one location constitutes a
cemetery (Section 81 00), and disturbance of Native
American cemeteries is a felony (Section 7052).
Construction
Contractors/Project
Archaeologist and/or
Designated Native
American Monitor(s)
CITY OF LAKE
ELSINORE
Planning
Division and
Engineering
Dept.
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MM-CUL-7: Non-Disclosure of Reburial Location. It
is understood by all parties that unless otherwise
required by law, the site of any reburial of Native
American human remains or associated grave goods
shall not be disclosed and shall not be governed by
public disclosure requirements of the California Public
Records Act. The Coroner, pursuant to the specific
exemption set forth in California Government Code
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).
All Parties Involved
in Project
CITY OF LAKE
ELSINORE
Planning
Division
VI.
GEOLOGY &
SOILS
MM-GEO-1: Compliance with Recommendations
from the Soil and Foundation Evaluation Report
Prior to issuance of a grading permit, the proposed
Project applicant/developer shall comply with all
recommendations contained within the Soil and
Foundation Report.
Applicant/Developer CITY OF LAKE
ELSINORE
Engineering
Dept.
MM-PALEO-1: Unanticipated Discovery of
Paleontological Resources In the event an
unanticipated fossil discovery is made during the
course of Project development, then in accordance with
Society of Vertebrate Paleontology (2010) guidelines, it
is the responsibility of any worker who observes fossils
within the Project site to stop work in the immediate
vicinity of the find and notify a qualified professional
paleontologist who shall be retained to evaluate the
discovery, determine its significance and if additional
mitigation or treatment is warranted. Work in the area
of the discovery will resume once the find is properly
documented and authorization is given to resume
construction work. Any significant paleontological
resources found during construction monitoring will be
prepared, identified, analyzed, and permanently
curated in an approved regional museum repository.
Applicant/Developer
and Qualified
Professional
Paleontologist
CITY OF LAKE
ELSINORE
Planning
Division and
Engineering
Dept.
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XVII.
TRIBAL
CULTURAL
RESOURCES
MM-CUL-1 through MM-CUL-7 shall apply.
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