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HomeMy WebLinkAbout2022-077 Planning Application No. 2019-07 (Bamiyan Marketplace) - CEQARESOLUTION NO. 2022-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ER 2019-04) (SCH NO. 2021120417) FOR PLANNING APPLICATION NO. 2019-07 (TENTATIVE TRACT MAP NO. 37578, CONDITIONAL USE PERMIT NO. 2019- 03, COMMERCIAL DESIGN REVIEW NO. 2019-05, AND UNIFORM SIGN PROGRAM NO. 2019-01) Whereas, Ahmad Zaki, Zairey, Inc. has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2019-07 (Tentative Tract Map No. 37578, a Conditional Use Permit No. 2019-03, a Commercial Design Review No. 2019-05, a Uniform Sign Program No. 2019-01) (“Project”). Tentative Tract Map No. 37578 is a subdivision of the 12.60-acre project site into seven (7) lots for a mixed-use commercial and residential development. Conditional Use Permit No. 2019-03 and Commercial Design Review No. 2019-05 proposes to develop the mixed-use commercial and residential development that would be constructed in three phases. The first phase (Phase 1) would include a 10-dispenser ARCO gasoline station with a 6,840-square foot (SF) canopy, a 4,354-SF AM/PM convenience store, an attached 1,960-SF quick-serve restaurant (with no drive-through service), and a 4,054-SF automated self-service car wash. A 2,000-SF office would be located on the second story above the quick-serve restaurant. Phase 1 would also include grading of the site, installation of the majority of the utility infrastructure, development of internal circulation driveways and parking, and construction of off-site improvements. The second phase (Phase 2) would consist of two 2,400- SF fast food restaurants with drive-through lanes, and a two-story mixed-use commercial/retail and multi-family residential building. The mixed-use building would consist of six commercial/retail spaces totaling approximately 23,000 SF on the ground floor and 14 apartments or condominium units totaling 20,000 SF on the second floor. The third (and final) phase (Phase 3) of the project would consist of five three-story multi-family residential buildings containing up to 60 residential units. The multi-family residential development would include enclosed parking and a 2,800-SF clubhouse with pool and outdoor living amenities. Uniform Sign Program No. 2019-01 proposes to establish a uniform sign program for the project that provides standards and specifications to ensure consistency of signage in terms of design, composition, size and placement throughout the project. The project is located at the northwest corner of Grand Avenue and State Route 74/Ortega Highway (APNs: 381-320-023 and 381-320-020); and, Whereas, the Project is subject to the provisions of the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.: “CEQA”) and the State Implementation Guidelines for CEQA (14 California Code of Regulations Sections 15000, et seq.: “CEQA Guidelines”) because the Project involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code Section 21065); and, Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the Project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; and, Whereas, based upon the results of the Initial Study (Environmental Review No. 2019- 04), and based upon the standards set forth in CEQA Guidelines Section 15070, it was DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F CC Reso. No. 2022-77 Page 2 of 4 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 December 17, 2021, 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 December 17, 2021, and ending on January 17, 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 on or about December 17, 2021 and considered by the Commission on February 1, 2022, February 15, 2022, March 1, 2022, and June 21, 2022, 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, and on June 21, 2022 the Commission adopted a resolution recommending that the Council adopt the MND for the Project; and, Whereas, on August 9, 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: DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F CC Reso. No. 2022-77 Page 3 of 4 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. 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 2019-04; SCH# 2021120417) and the MMRP, which is attached hereto as Exhibit “A1”, for Planning Application No. 2019-07 (Tentative Tract Map No. 37578, Conditional Use Permit No. 2019-03, Commercial Design Review No. 2019-05, Uniform Sign Program No. 2019-01). 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 9th day of August 2022. Timothy J. Sheridan Mayor Attest: Candice Alvarez, MMC City Clerk DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F CC Reso. No. 2022-77 Page 4 of 4 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. 2022-77 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of August 9, 2022 and that the same was adopted by the following vote: AYES: Council Members Magee, Tisdale, and Manos; Mayor Pro Tem Johnson; and Mayor Sheridan NOES: None ABSENT: None ABSTAIN: None Candice Alvarez, MMC City Clerk DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F MITIGATION MONITORING AND REPORTING PROGRAM BAMIYAN MARKETPLACE PROJECT Bamiyan Marketplace Project July 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 Corydon Gateway project. 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 Gateway 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. DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST BAMIYAN MARKETPLACE PROJECT Bamiyan Marketplace Project July 2022 Mitigation Monitoring and Reporting Program Page 2 Mitigation Measure Monitoring Process Monitoring Timing Monitoring Responsibility Date Completed Air Quality MM AQ-1, Fugitive Dust Emissions. During site preparation and grading construction phases, haul trucks transporting soil to or from the project site shall be covered to prevent fugitive dust emissions. Construction equipment shall be properly maintained according to manufacturer specifications. Contractors shall turn off construction equipment and delivery vehicles when not in use or limit on‐site idling for no more than five minutes in any one hour. On-site electrical hook ups to a power grid shall be provided for electric construction tools incl uding saws, drills, and compressors, where feasible, to reduce the need for diesel‐ powered electric generators. The project shall demonstrate compliance with SCAQMD Rule 403 concerning fugitive dust and provide appropriate documentation to the City. Traffic speeds on unpaved portions of the project site shall be reduced to 15 miles per hour less. Street Sweepers that comply with SCAQMD Rules 1186 and 1186.1 shall be used at the end of the day if visible soil is carried onto adjacent public paved roads. Monitoring Program During Construction Project Applicant /Developer, Planning and Engineering Dept. Date: ____________ Biological Resources MM BIO-1, Nesting Bird Pre-construction Surveys. To avoid impacts to white- tailed kite and avoid violation of the federal Migratory Bird Treaty Act (MBTA) and California Fish and Game Code, construction activities shall be avoided to the greatest extent feasible during the nesting season (generally February 1 to August 31). If construction activities are to occur during the nesting season, a pre-construction nesting survey shall be conducted within three days prior to the commencement of construction. A qualified biologist shall perform the nesting survey to ascertain whether there are active raptor nests within 50 0 feet of the project footprint or other protected bird nests within 300 feet of the project footprint. If no nests are found, no further action is required. If active nests are found, their locations shall be flagged and then mapped onto an aerial photogr aph of the site and recorded with a GPS unit. An appropriate avoidance buffer (size of buffer depending upon the species and the proposed work activity) shall be determined and demarcated by a qualified biologist. No work shall occur within the avoidance buffer, and a qualified biologist shall be present on site to monitor bird behavior 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 site as long the activity does not likewise result in disturbance to the nest or nesting bird, as determined by a qualified biologist. Pre-construction Survey Prior to issuance of a grading permit Qualified Biologist, Project Applicant/ Developer, Planning and Engineering Depts. Date: ____________ DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST BAMIYAN MARKETPLACE PROJECT Bamiyan Marketplace Project July 2022 Mitigation Monitoring and Reporting Program Page 3 Mitigation Measure Monitoring Process Monitoring Timing Monitoring Responsibility Date Completed MM BIO-2, Burrowing Owl Surveys. A qualified biologist shall conduct pre- construction focused species surveys in accordance with the California Department of Fish and Wildlife’s (CDFW’s) Staff Report on Burrowing Owl Mitigation (CDFW 2012) within 30 days prior to commencement of construction activities. If burrowing owls are determined to occupy the site during pre- construction surveys and impacts to occupied burrows cannot be avoided, the City shall consult with the CDFW and prepare and implement a project- specific Burrowing 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 shall be relocated outside of the 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 owls shall be destroyed once they are vacated. Pre-construction Survey Prior to issuance of a grading permit Qualified Biologist, Project Applicant / Developer, Planning and Engineering Depts. Date: ____________ MM BIO-3, MSHCP Construction Best Management Practices Implementation. Prior to the issuance of a grading permit, the Property Owner/Developer shall include a note on the plans that outlines the following Construction BMPs from Volume I, Appendix C of the MSHCP shown in italics, and specific requirements in plain text: Construction Best Management Practices: 1. A condition shall be placed on grading permits requiring a qualified biologist to conduct a training session for project personnel prior to grading. The training shall include a description of the species of concern and its habitats, the general provisions of the Endangered Species Act and the MSHCP, the need to adhere to the provisions of the Act and the MSHCP, the penalties associated with violating the provisions of the Endangered Species Act, the general measures that are being implemented to conserve the species of concern as they relate to the project, and the access routes to and project site boundaries within which the project activities must be accomplished. Prior to the issuance of a grading permit, the Property Owner/Developer shall retain a qualified biologist to prepare and implement a Worker Environmental Awareness Program (WEAP) to train all project personnel prior to grading. The details of the training should be consistent with MSHCP Appendix C Standard BMP No. 1, the general provisions of the Endangered Species Act, include a detailed discussion of how to identify the potential special-status plant and animal species that may be encountered Site Inspection Prior to issuance of a grading permit and ongoing during Construction Project Applicant /Developer, Construction Contractor, Planning, Building, and Engineering Depts. Date: ____________ DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST BAMIYAN MARKETPLACE PROJECT Bamiyan Marketplace Project July 2022 Mitigation Monitoring and Reporting Program Page 4 Mitigation Measure Monitoring Process Monitoring Timing Monitoring Responsibility Date Completed during ground disturbance and construction activities, and necessary actions to take if the species are observed on site. 2. Water pollution and erosion control plans shall be developed and implemented in accordance with RWQCB requirements. Prior to the issuance of a grading permit, the Property Owner/Developer shall submit to the City a project-specific Storm Water Pollution Prevention Plan (SWPPP) prior to initial ground disturbance. The project -specific SWPPP shall describe BMPs that will be implemented in pre -, during-, and post-construction phases. Examples of BMPs may include dust suppression BMPs, Low Impact Developments (LIDs) such as vegetated swales, and a spill response protocol. The SWPPP is a dynamic document that shall be amended when site conditions warrant changes to protect natural resources and prevent discharge of non-stormwater to neighboring parcels. The Qualified Stormwater Developer (QSD) shall develop and implement the SWPPP with site-specific BMPs to prevent/reduce the potential for erosion, sedimentation, and offsite discharge of non-stormwater in accordance with the Construction General Permit (CGP), National Pollutant Discharge Elimination System (NPDES) MS4 permit, and a 401 Water Quality Certification Permit (if applicable). The QSD shall provide training to the contractor for performing regular site inspections, and for pre -, during-, and post-storm events to ensure that BMPs are functioning as intended. 3. The footprint of disturbance shall be minimized to the maximum extent feasible. Access to sites shall be via pre-existing access routes to the greatest extent possible. Prior to the issuance of a grading permit, the Property Owner/Developer shall submit to the City a construction management plan that demonstrates that the construction footprint will remain within the limits of the current property boundary, site ingress/ egress will be limited to the least impactful location on the Project Site. Trackout (riprap, rumble strips) shall be installed to prevent tracking of sediment to public roadways. 4. The upstream and downstream limits of projects disturbance plus lateral limits of disturbance on either side of the stream shall be clearly defined and marked in the field and reviewed by the biologist prior to initiation of work. Prior to the issuance of a grading permit, the Property Owner/Developer DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST BAMIYAN MARKETPLACE PROJECT Bamiyan Marketplace Project July 2022 Mitigation Monitoring and Reporting Program Page 5 Mitigation Measure Monitoring Process Monitoring Timing Monitoring Responsibility Date Completed shall submit to the City a construction management plan that the construction footprint will remain within the limits of the current property boundary, project site boundaries shall be clearly delineated with visible means (i.e. stakes, rope, flagging, snow fence, etc.). The contractor shall adhere to the measures and conditions in all environmental permits to protect Jurisdictional Waters of the United States. 5. Projects should be designed to avoid the placement of equipment and personnel within the stream channel or on sand and gravel bars, banks, and adjacent upland habitats used by target species of concern. The Habitat Assessment found that no habitat for target species was observed within the project boundaries. The project site does not contain stream channels, gravel bars, or streambanks. The coarse-grained soil onsite has insufficient clay/fines and does not allow standing water to persist in durations sufficient to support many of the target species. All project-related construction activities would occur within the property boundaries and no equipment or personnel would work outside the clearly identified project boundaries. 6. Projects that cannot be conducted without placing equipment or personnel in sensitive habitats should be timed to avoid the breeding season of riparian identified in MSHCP Global Species Objective No. 7. Prior to the issuance of a grading permit, the Property Owner/Developer shall retain a qualified wildlife biologist to monitor ground disturbance activities that would occur during the nesting season. The Habitat Assessment found that no sensitive habitats were observed within the project boundaries, including riparian habitat. The Construction Contractor shall take are to ensure that construction activities do not negatively impact potentially sensitive habitats or species surrounding the project site. Construction equipment and personnel shall be made aware of MSHCP Global Species Objective No. 7 as part of the WEAP training and would always remain within project site boundaries. 7. When stream flows must be diverted, the diversions shall be conducted using sandbags or other methods requiring minimal instream impacts. Silt fencing of other sediment trapping materials shall be installed at the downstream end of construction activity to minimize the transport of sediments off site. Settling ponds where sediment is collected shall be cleaned out in a manner that prevents the sediment from reentering the stream. Care shall be exercised DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST BAMIYAN MARKETPLACE PROJECT Bamiyan Marketplace Project July 2022 Mitigation Monitoring and Reporting Program Page 6 Mitigation Measure Monitoring Process Monitoring Timing Monitoring Responsibility Date Completed when removing silt fences, as feasible, to prevent debris or sediment from returning to the stream. No water diversion activities are proposed during project activities. The Property Owner/Developer shall implement erosion and sediment control BMPs as identified in the Water Quality Management Plan (WQMP) throughout the project site to reduce/ prevent sediment impacts in pre-, during- and post-construction phases. Personnel would be educated during WEAP training as to the importance of preventing impacts to the Temescal Wash from construction activities. 8. Equipment storage, fueling, and staging areas shall be located on upland sites with minimal risks of direct drainage into riparian areas or other sensitive habitats. These designated areas shall be located in such a manner as to prevent any runoff from entering sensitive habitat. Necessary precautions shall be taken to prevent the release of cement or other toxic substances into surface waters. Project related spills of hazardous materials shall be reported to appropriate entities, including but not limited to applicable jurisdictional city, USFWS, CDFW, and SARWQCB, and shall be cleaned up immediately and contaminated soils removed to an approved disposal areas. Ongoing during construction and operation, all project activities shall occur within the property boundary. 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 habitats. All fuel storage tanks shall have secondary containment to retain fuel spills. The project site-specific SWPPP shall have BMPs designed to prevent the release of cement or other toxic substances into surface waters or bare soil, as required by the RWQCB. All potentially hazardous materials shall be stored appropriately on site away from sensitive habitats or Waters of the United States. Concrete washouts and active/inactive materials stockpiles shall have secondary containment BMPs to prevent the accidental release of hazardous substances to bare soil. The SWPPP is required to have a Spill Prevention Control and Countermeasure (SPCC) to describe necessary actions that should occur in the event of a spill or release of potentially hazardous substances. Spills or releases of toxic substances greater than five gallons shall be reported to the RWQCB, DTSC, Local Municipalities, DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST BAMIYAN MARKETPLACE PROJECT Bamiyan Marketplace Project July 2022 Mitigation Monitoring and Reporting Program Page 7 Mitigation Measure Monitoring Process Monitoring Timing Monitoring Responsibility Date Completed and/or federal agencies, as appropriate. 9. Erodible fill material shall not be deposited into water courses. Brush, loose soils, or other similar debris material shall not be stockpiled within the stream channel or on its banks. Materials stockpiles shall be located away from sensitive areas. Inactive materials stockpiles shall be covered and bermed to prevent windborne dust or accidental release. The SWPPP shall describe BMPs to prevent fugitive dust from migrating to neighboring parcels or the T emescal Wash. 10. The qualified project biologist shall monitor construction activities for the duration of the project to ensure that practicable measures are being employed to avoid incidental disturbance of habitat and species of concern outside the project footprint. Prior to the issuance of a grading permit, the Property Owner/Developer shall retain a qualified wildlife biologist to monitor ground disturbance activities to ensure that all measures to protect species on and off site are being implemented during construction activities, including burrowing owl surveys (MM BIO-2), and nesting bird surveys (MM BIO-1). Additional protective measures recommended by the qualified wildlife biologist shall be implemented as necessary by the Property Owner/Developer to avoid incidental disturbance of habitat and species of concern outside the project footprint. 11. The removal of native vegetation shall be avoided and minimized to the maximum extent practicable. Temporary impacts shall be returned to pre - existing contours and revegetated with appropriate native species. No clearing and grubbing of native vegetation would be anticipated during the project activities as the project site is almost entirely devoid of vegetation. 12. Exotic species that prey upon or displace target species of concern should be permanently removed from the site to the extent feasible. No exotic species were encountered during the project Habitat Assessment and none would be utilized in any revegetation efforts. The final landscaping design may incor porate native plant species; however, regular landscape maintenance shall prevent exotic, or noxious plant species from taking root on the Project Site. 13. To avoid attracting predators of the species of concern, the project site shall be kept as clean of debris as possible. All food related trash items shall be DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST BAMIYAN MARKETPLACE PROJECT Bamiyan Marketplace Project July 2022 Mitigation Monitoring and Reporting Program Page 8 Mitigation Measure Monitoring Process Monitoring Timing Monitoring Responsibility Date Completed enclosed in sealed containers and regularly removed from the site(s). The SWPPP shall contain BMPs for trash storage and removal, including containment of sanitation facilities (e.g., portable toilets), and covering waste disposal containers at the end of every business day and before rain events. Trash cans shall have a fastenable lid to prevent animals from accessing or spreading trash onsite. The Project QSD should consult the MSHCP Appendix C Standard Best Management Practices, RWQCB recommendations, and any applicable environmental permit measures and conditions when developing the project SWPPP. 14. Construction employees shall strictly limit their activities, vehicles, equipment, and construction materials to the proposed project footprint and designated staging areas and routes of travel. The construction area(s) shall be the minimal area necessary to complete the project and shall be specified in the construction plans. Construction limits will be fenced with orange snow screen. Exclusion fencing should be maintained until the completion of all construction activities. Employees shall be instructed that their activities are restricted to the construction areas. In accordance with the WEAP, all project activities would occur within the clearly delineated property boundaries. Construction activities shall be confined to the project footprint, and approved routes of travel shall be established, including ingress/egress points. Exclusion fencing shall be utilized throughout the project duration. 15. The Permittee shall have the right to access and inspect any sites of approved projects including any restoration/enhancement area for compliance with project approval conditions, including these BMPs. The Contractor shall allow the Permittee access to the construction site. All visitors shall check in with the Project Engineer (or Site Supervisor) prior to accessing the construction site and will be escorted within project boundaries during normal business hours when construction activities are occurring. Cultural Resources MM CUL-1, Unanticipated Resources. The developer/permit holder or any successor in interest shall comply with the following for the life of this permit. If during ground disturbance activities, unanticipated cultural resources are discovered, the following procedures shall be followed: Assessment of Resources During Construction Project Applicant /Developer, Construction Contractor, Project Date: ____________ DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST BAMIYAN MARKETPLACE PROJECT Bamiyan Marketplace Project July 2022 Mitigation Monitoring and Reporting Program Page 9 Mitigation Measure Monitoring Process Monitoring Timing Monitoring Responsibility Date Completed 1. All ground disturbance activities within 100 feet of the discovered cultural resource shall be halted until a meeting is convened between the developer, the Project Archaeologist, the Native American tribal representative(s) from consulting tribes (or other appropriate ethnic/cultural group representative), and the Community Development Director or their designee to discuss the significance of the find. 2. The developer shall call the Community Development Director or their designee immediately upon discovery of the cultural resource to convene the meeting. 3. At the meeting with the aforementioned parties, the significance of the discoveries shall be discussed and a decision is to be made, with the concurrence of the Community Development Director or their designee, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resource. 4. Further ground disturbance shall not resume within the area of the discovery until a meeting has been convened with the aforementioned parties and a decision is made, with the concurrence of the Community Development Director or their designee, as to the appropriate mitigation measures. Archaeologist, Tribal Monitor, Planning and Engineering Depts. MM CUL-2, Archaeologist/Cultural Resources Monitoring Program. 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 created in coordination with the consulting tribe(s), and 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 any 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 Monitoring Program Prior to issuance of a grading permit and during Construction Project Applicant /Developer, Project Archaeologist, Tribal Monitor, Planning Dept. Date: ____________ DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST BAMIYAN MARKETPLACE PROJECT Bamiyan Marketplace Project July 2022 Mitigation Monitoring and Reporting Program Page 10 Mitigation Measure Monitoring Process Monitoring Timing Monitoring Responsibility Date Completed 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 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 prio r 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 t he 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. 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 DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST BAMIYAN MARKETPLACE PROJECT Bamiyan Marketplace Project July 2022 Mitigation Monitoring and Reporting Program Page 11 Mitigation Measure Monitoring Process Monitoring Timing Monitoring Responsibility Date Completed 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. 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 they 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. 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 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 Disposition of Resources During Construction Project Applicant /Developer, Construction Contractor, Project Archaeologist, Tribal Monitor, Planning and Engineering Depts. Date: ____________ DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST BAMIYAN MARKETPLACE PROJECT Bamiyan Marketplace Project July 2022 Mitigation Monitoring and Reporting Program Page 12 Mitigation Measure Monitoring Process Monitoring Timing Monitoring Responsibility Date Completed 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 Assembly Bill (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 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. Monitoring Program Prior to issuance of a grading permit and During Construction Project Applicant /Developer, Tribal Monitor, Planning and Engineering Dept. 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 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. Project Records After Construction Project Applicant /Developer, Project Archaeologist, Tribal Monitor Date: ____________ DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST BAMIYAN MARKETPLACE PROJECT Bamiyan Marketplace Project July 2022 Mitigation Monitoring and Reporting Program Page 13 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 all activities within 1 00 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 Commissions (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 treatmen t of the remains as provided in Public Resource Code Section 5097.98. In the event that the applicant and the most likely descendent (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 mor e 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 /Developer, Construction Contractor, Project Archaeologist, Tribal Monitor, Riverside County Coroner, Planning Dept. Date: ____________ 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). Non-Disclosure of Resource Reburials During and After Construction Project Applicant /Developer, Riverside County Coroner Date: ____________ DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST BAMIYAN MARKETPLACE PROJECT Bamiyan Marketplace Project July 2022 Mitigation Monitoring and Reporting Program Page 14 Mitigation Measure Monitoring Process Monitoring Timing Monitoring Responsibility Date Completed Noise MM NOI-1, Common Outdoor Use Area Noise Barrier. A minimum six-foot tall noise attenuation barrier shall be provided on the northwestern, northeastern, and southeastern sides of the proposed pool area, as depicted on Figure 7, Noise Mitigation Requirements. The barrier must be solid and constructed of masonry, wood, plastic, fiberglass, steel, or a combination of those materials, with no cracks or gaps, through or below the wall. Seams or cracks must be filled or caulked as much as feasible. If wood is used, it can be tongue and groove and must be at least 7/8-inch thick or have a surface density of at least 3.5 pounds per square foot. Where architectural or aesthetic factors allow, glass or clear plastic may be used, if it is desirable to preserve a view. Site Design Review Prior to issuance of a Building Permit Project Applicant /Developer, Planning and Building Depts. Date: ____________ MM NOI-2, Balcony and Patio Noise Barriers. Four- and five-foot tall noise attenuation barriers shall be provided at balconies and/or patios of the proposed residential units, as indicated on Figure 7. The barriers must be solid and constructed of masonry, wood, plastic, fiberglass, steel, or a combination of those materials, with no cracks or gaps, through or below the wall. Seams or cracks must be filled or caulked as much as feasible. If wood is used, it can be tongue and groove and must be at least 7/8-inch thick or have a surface density of at least 3.5 pounds per square foot. Where architectural or aesthetic factors allow, glass or clear plastic may be used, if it is desirable to preserve a view.. Site Design Review Prior to issuance of a Building Permit Project Applicant /Developer, Planning and Building Depts. Date: ____________ MM NOI-3, Exterior-to-Interior Noise Analysis. For residential units where façade noise levels exceed 60 CNEL (as indicated on Figure 7), the project applicant shall coordinate with the project architects and contractors to ensure interior noise level compliance with the 45-CNEL standard. This shall be achieved through an exterior-to-interior noise analysis once specific building plans are available. The information in the analysis shall include wall heights and lengths, room volumes, window and door tables typical for a building plan, as well as information on other openings in the building shell. With this specific building plan information, the analysis shall determine the predicted interior noise levels at the planned on-site buildings. If predicted noise levels are found to be in excess of 45 CNEL, the report shall identify architectural materials or techniques that could be included to reduce noise levels to the 45-CNEL limit.. Site Design Review Prior to issuance of a Building Permit Project Applicant /Developer, Planning and Building Depts. Date: ____________ DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST CORYDON GATEWAY PROJECT Corydon Gateway Project December 2020 Mitigation Monitoring and Reporting Program Page 15 This page intentionally left blank DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F