Eastvale City Council
May 25, 2022

EXHIBIT "B"

BREAKDOWN OF COSTS
344
345
4/8/2022, 7:05:10 PM PWR-390 CR 07r1 Tree Exhibit 4-8-22 PW - Todd.xls Date: 4/8/2022 Plan Date:

Bid
Item Description Quantity Unit Price Total Price
Street Frontage Tree Exhibit Deduct 1.00 lsum
1 Landscape 1.00 lsum -$41,618.19 -$41,618
Street Frontage Tree Exhibit Add 1.00 lsum
2 Mobilization 1.00 lsum $3,474.85 $3,475
3 Landscape 1.00 lsum $333,606.09 $333,606
4 Irrigation 1.00 lsum $82,391.59 $82,392
5 Maintenance 1.00 lsum $15,877.19 $15,877
-$41,618
$435,350
PWR-390 CR 07r1 Tree Exhibit 4-8-22
Unit Price Breakdown
901 E. 3rd Street
Corona, CA 92879
PH: (951) 493-2830
FAX: (951) 493-2831
www.parkwestinc.com
346
4/12/2022, 3:18:07 PM PWR-390 CR 07r1 Tree Exhibit 4-8-22 PW - Todd.xls Bid Item Description Quantity Unit Pricing Total Price
Street Frontage Tree Exhibit Deduct 1.00 lsum -$41,618
Landscape 1.00 lsum $578.26 -$41,617.96
Koelreuteria Bipinnata 15 Gallon Tree -103.00 ea $151.05 -$15,558 Quercus Ilex (Holly Oak) 24" Box Tree -61.00 ea $427.21 -$26,060 Street Frontage Tree Exhibit Add 1.00 lsum . $435,351
Mobilization 1.00 lsum $3,474.85
Landscape 1.00 lsum $333,608.28
Brachychiton Acerifolius (Flame Tree) 24" Box Tree 83.00 ea $576.85 $47,879 Acacia Baileyana Purpurea (ncn) 36" Box Tree 114.00 ea $1,233.61 $140,632 Grevillea Robusta, Silk Oak Tree 24" Box Tree 85.00 ea $576.85 $49,032 Ginkgo Biloba Princeton Sentry 36" Box Tree 47.00 ea $1,327.09 $62,373 Root Barrier 1,730.00 lf $17.91 $30,984
Warranty 1.00 lsum $2,708.41 $2,708
Irrigation 1.00 lsum $82,390.35
Remote Control Valves 1" 15.00 ea $630.40 $9,456
2- Wire / FS Cable 300.00 lf $8.12 $2,436
Pop Up Tree Bubblers 304.00 ea $64.85 $19,714
Laterals - Spray 7,500.00 lf $5.83 $43,740
Sleeves 60.00 lf $14.13 $848
Fittings 1.00 lsum $6,196.15 $6,196
90 Day -Maintenance 1.00 lsum $15,877.19
901 E. 3rd Street
Corona, CA 92879
PH: (951) 493-2830
FAX: (951) 493-2831
www.parkwestinc.com
347

EXHIBIT "C"

INSURANCE
A. Insurance Requirements. Developer shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by Developer, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

Developer shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (3) Workers’ Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing services on behalf of the Developer and all risks to such persons under this Agreement. (4) Professional Liability. Professional liability insurance appropriate to the Developer’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Developer’s services or the termination of this Agreement. During this additional three (3) year period, Developer shall annually and upon request of the City submit written evidence of this continuous coverage.

2. Minimum Limits of Insurance. Developer shall maintain limits of insurance no less than:
(1) Commercial General Liability. $1,000,000 general aggregate for bodily injury, personal injury and property damage.
(2) Automobile. $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above. (3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence. 348

(4) Professional Liability. $1,000,000 per occurrence.

B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:

1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.

2. Commercial General Liability and Automobile Liability Coverages. (1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Developer performs; products and completed operations of Developer; premises owned, occupied or used by Developer; or automobiles owned, leased, hired or borrowed by Developer. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. (2) Developer’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Developer’s insurance.
(3) Developer’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (4) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.

3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Developer.

C. Other Requirements. Developer agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Developer furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Developer shall furnish certificates and endorsements from each 349

subcontractor identical to those Developer provides.

2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Developer shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Developer’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
350
351
4/8/2022, 7:05:10 PM PWR-390 CR 07r1 Tree Exhibit 4-8-22 PW - Todd.xls Date: 4/8/2022 Plan Date:

Bid
Item Description Quantity Unit Price Total Price
Street Frontage Tree Exhibit Deduct 1.00 lsum
1 Landscape 1.00 lsum -$41,618.19 -$41,618
Street Frontage Tree Exhibit Add 1.00 lsum
2 Mobilization 1.00 lsum $3,474.85 $3,475
3 Landscape 1.00 lsum $333,606.09 $333,606
4 Irrigation 1.00 lsum $82,391.59 $82,392
5 Maintenance 1.00 lsum $15,877.19 $15,877
-$41,618
$435,350
PWR-390 CR 07r1 Tree Exhibit 4-8-22
Unit Price Breakdown
901 E. 3rd Street
Corona, CA 92879
PH: (951) 493-2830
FAX: (951) 493-2831
www.parkwestinc.com
352
4/12/2022, 3:18:07 PM PWR-390 CR 07r1 Tree Exhibit 4-8-22 PW - Todd.xls Bid Item Description Quantity Unit Pricing Total Price
Street Frontage Tree Exhibit Deduct 1.00 lsum -$41,618
Landscape 1.00 lsum $578.26 -$41,617.96
Koelreuteria Bipinnata 15 Gallon Tree -103.00 ea $151.05 -$15,558 Quercus Ilex (Holly Oak) 24" Box Tree -61.00 ea $427.21 -$26,060 Street Frontage Tree Exhibit Add 1.00 lsum . $435,351
Mobilization 1.00 lsum $3,474.85
Landscape 1.00 lsum $333,608.28
Brachychiton Acerifolius (Flame Tree) 24" Box Tree 83.00 ea $576.85 $47,879 Acacia Baileyana Purpurea (ncn) 36" Box Tree 114.00 ea $1,233.61 $140,632 Grevillea Robusta, Silk Oak Tree 24" Box Tree 85.00 ea $576.85 $49,032 Ginkgo Biloba Princeton Sentry 36" Box Tree 47.00 ea $1,327.09 $62,373 Root Barrier 1,730.00 lf $17.91 $30,984
Warranty 1.00 lsum $2,708.41 $2,708
Irrigation 1.00 lsum $82,390.35
Remote Control Valves 1" 15.00 ea $630.40 $9,456
2- Wire / FS Cable 300.00 lf $8.12 $2,436
Pop Up Tree Bubblers 304.00 ea $64.85 $19,714
Laterals - Spray 7,500.00 lf $5.83 $43,740
Sleeves 60.00 lf $14.13 $848
Fittings 1.00 lsum $6,196.15 $6,196
90 Day -Maintenance 1.00 lsum $15,877.19
901 E. 3rd Street
Corona, CA 92879
PH: (951) 493-2830
FAX: (951) 493-2831
www.parkwestinc.com
353
Vicinity Map
Homestead Project Site
N
354

AGENDA STAFF REPORT
City Council Meeting

CONSENT CALENDAR
Agenda Item No. 11.11
May 25, 2022
Purchase of Vehicles for Community Enhancement and Safety Prepared By:

Johnny Terfehr, Interim Director of Community Safety
Recommended Action(s)
Staff recommends that the City Council:

1. Approve a purchase order for Na onal Fleet Auto Group in the amount not to exceed $30,000.00 per vehicle for two (2) 2022 or 2023 pickup trucks or equivalent for use by Community Enhancement and Safety for field inspections;

2. Approve Budget Resolu on 22-XX Amending the 2021-22 Fiscal Budget by $60,000 for the purchase of two Community Enhancement and Safety Vehicles; and

3. Authorize the City Manager to execute any agreements and purchase orders.

Summary
Request to purchase two new 2022 or 2023 pickup trucks at a cost not to exceed $30,000.00 (including upfitting) each for Community Enhancement and Safety field inspections.

Background
In the 2021-22 budget, the City approved two addi onal posi ons for the Community Enhancement and Safety Division. The City has two Nissan Leaf vehicles in its fleet and staff opted to use those exis ng vehicles for the newly hired CES officers. At the April 27, 2022 mee ng, City Council approved a new Community Enhancement Volunteer Program, which includes the provision to purchase two vehicles for the use of volunteers.

As part of their rou ne du es, CES officers pick up signs and dumped items from the public right of 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
355
way and frontage landscape areas. It is oBen not desirable to put these items into a closed vehicle like the Nissan Leaf. CES currently has two other pickups in use, the Ford Maverick, which they have found ideal for their work and are rela vely fuel efficient compared to other pickups. This vehicle type is consistent with Target 1 Goal 5 of the 2021 Strategic Plan, which seeks to 'iden fy and recommend tools necessary for optimal employee performance'.

Addi onally, the Nissan Leaf is quite suitable as a volunteer patrol vehicle. CES recommends purchasing two pickups for use by CES officers and making the rela vely low mileage Nissan Leaf vehicles available to the volunteer program.

Environmental
The purchase of new 2022 or 2023 pickup trucks is not defined as a project under the California Environmental Quality Act (CEQA). No environmental review pursuant to CEQA is required.

Strategic Plan Action - Priority Level: N/A | Target #: 1 | Goal #: 5 The purchase of this vehicle also supports the goal of iden fying and supplying tools necessary for optimal employee performance (Target 1, Goal 5).

Fiscal Impact
The proposed fiscal year 2022-23 budget includes adequate appropria ons for the vehicle purchase in the Capital Projects Fund under account 600-330-6610. Although the proposed budget has adequate appropria ons, the purchase order will be issued in the current 2021-22 fiscal year due to extreme vehicle backorder delays. As a result, a budget appropria on is necessary now. The aGached resolu on appropriates $60,000 in budget for the current fiscal year in the General Capital Projects Fund. However, it is highly likely that the vehicles will be delivered and paid aBer the start of the new fiscal year. Ongoing vehicle maintenance and opera on costs are budgeted in the General Fund account 100-330-6330 and are an cipated to be less than $18,000 annually, inclusive of fuel, the first three years.

Prior City Council/Commission Action
Not applicable.

Attachment(s)
Attachment 1 - Sourcewell Quote ID#31958
Attachment 2 - Sourcewell RFP and Addendums-Autos SUVs 091521 Attachment 3 - Sourcewell National Auto Fleet Contract 091521 Attachment 4 - National Auto Fleet 091521 NAF Pricing
Attachment 5 - Budget Resolution
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
356
One Unit (MSRP) One Unit Total % Savings Extended Unit's (2) Total Savings Contract Price $22,530.00 $22,367.26 0.722 % $44,734.52 $325.48 Tax (7.7500 %) $1,733.46 $3,466.92
Tire fee $8.75 $17.50
Total $24,109.47 $48,218.94
Jesse Cooper
Account Manager
Email: [email protected]
Office: (855) 289-6572
Fax: (831) 480-8497
5/10/2022                                        Quote ID: 31958 Order Cut Off Date: 5/20/2022
Johnny Terfehr
City of Eastvale
Community Enhancement & Safety
12363 Limonite Ave Suite 910
Eastvale, California, 91752
Dear Johnny Terfehr,
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration.

Two (2) New/Unused (2022 Ford Maverick (W8E) XL FWD SuperCrew 121.1" WB 4.5' Box, ) and delivered to your specified location, each for - per the attached specifications.

This vehicle(s) is available under the Sourcewell Contract 091521-NAF . Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle.

Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.

Sincerely,
357
Purchase Order Instructions & Resources
In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way:

Email: [email protected]
Fax:    (831) 480-8497
Mail:  National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
We will send a courtesy confirmation for your order and a W-9 if needed.

Additional Resources
Learn how to track your vehicle:                                    www.NAFGETA.com Use the upfitter of your choice:                                 www.NAFGpartner.com Vehicle Status:                                        [email protected] General Inquiries:                                  [email protected] For general questions or assistance please contact our main office at:
1-855-289-6572
358
Vehicle Configuration Options
ENGINE
Code Description
993 ENGINE: 2.5L HYBRID, -inc: auto stop/start technology (STD)

TRANSMISSION
Code Description
445 TRANSMISSION: AUTOMATIC CONTINUOUS VARIABLE (CVT), (STD) TIRES
Code Description
___ TIRES: P225/65R17 A/S BSW, (STD)
PRIMARY PAINT
Code Description
YZ OXFORD WHITE
PAINT SCHEME
Code Description
___ STANDARD PAINT
SEAT TYPE
Code Description
9W BLACK ONYX/DARK SLATE, FRONT CLOTH BUCKET SEATS, -inc: manual 6-way adjustable driver and 4-way manual adjustable passenger, front floor console w/eShifter, armrest and storage bin ADDITIONAL EQUIPMENT
Code Description
96G SPRAY-IN BEDLINER
16C FRONT & REAR FLOOR LINERS W/O CARPET MATS, -inc: Deletes standard carpeted front floor mats 76B REAR PARKING SENSORS
47K 400W INVERTER, -inc: 1 location (cab only)
OPTION PACKAGE
Code Description
100A EQUIPMENT GROUP 100A STANDARD
359
2022 Ford Maverick XL FWD SuperCrew 121.1" WB 4.5' Box

CODE MSRP
W8E $19,995.00
993 $0.00
445 $0.00
___ $0.00
YZ $0.00
___ $0.00
9W $0.00
96G $495.00
16C $135.00
76B $260.00
47K $150.00
100A $0.00
$21,035.00
$0.00
$1,495.00
$22,530.00
Est City: 42 MPG
Est Highway: 33 MPG
Est Highway Cruising Range: 455.40 mi
2022 Fleet/Non-Retail Ford Maverick XL FWD SuperCrew 121.1" WB 4.5' Box WINDOW STICKER
MODEL
2022 Ford Maverick XL FWD SuperCrew 121.1" WB 4.5' Box

OPTIONS
ENGINE: 2.5L HYBRID, -inc: auto stop/start technology (STD) TRANSMISSION: AUTOMATIC CONTINUOUS VARIABLE (CVT), (STD) TIRES: P225/65R17 A/S BSW, (STD)
OXFORD WHITE
STANDARD PAINT
BLACK ONYX/DARK SLATE, FRONT CLOTH BUCKET SEATS, -inc: manual 6-way adjustable driver and 4-way manual adjustable passenger, front floor console w/eShifter, armrest and storage bin SPRAY-IN BEDLINER
FRONT & REAR FLOOR LINERS W/O CARPET MATS, -inc: Deletes standard carpeted front floor mats REAR PARKING SENSORS
400W INVERTER, -inc: 1 location (cab only)
EQUIPMENT GROUP 100A STANDARD
Please note selected options override standard equipment

SUBTOTAL
Advert/ Adjustments
Manufacturer Destination Charge
TOTAL PRICE
Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. 360
Standard Equipment

MECHANICAL
Engine: 2.5L Hybrid -inc: auto stop/start technology
Transmission: Automatic Continuous Variable (CVT)

2.91 Axle Ratio
GVWR: 5,200 lbs
50-State Emissions System
Transmission w/Driver Selectable Mode
Front-Wheel Drive
45-Amp/Hr 390CCA Maintenance-Free Battery w/Run Down Protection Hybrid Electric Motor 150 Amp Alternator
1500# Maximum Payload
Gas-Pressurized Shock Absorbers
Front And Rear Anti-Roll Bars
Electric Power-Assist Speed-Sensing Steering

13.8 Gal. Fuel Tank
Single Stainless Steel Exhaust
Strut Front Suspension w/Coil Springs
Torsion Beam Rear Suspension w/Coil Springs
Regenerative 4-Wheel Disc Brakes w/4-Wheel ABS, Front Vented Discs, Brake Assist, Hill Hold Control and Electric Parking Brake Lithium Ion Traction Battery 1.1 kWh Capacity

EXTERIOR
Wheels: 17" Sparkle Silver Steel
Tires: P225/65R17 A/S BSW
Regular Box Style
Wheels w/Hub Covers
Steel Spare Wheel
Compact Spare Tire Mounted Underbody
Clearcoat Paint
Body-Colored Front Bumper w/Black Rub Strip/Fascia Accent Black Rear Step Bumper
Black Side Windows Trim and Black Rear Window Trim
Black Door Handles
Black Manual Side Mirrors w/Manual Folding
Fixed Rear Window
Deep Tinted Glass
Fixed Interval Wipers
Galvanized Steel/Aluminum Panels
Black Grille
Tailgate Rear Cargo Access
Manual Tailgate/Rear Door Lock
Autolamp Auto On/Off Aero-Composite Led Low/High Beam Auto High-Beam Daytime Running Lights Preference Setting Headlamps w/Delay-Off
Cargo Lamp w/High Mount Stop Light
Headlights-Automatic Highbeams

ENTERTAINMENT
Radio: AM/FM Stereo w/6 Speakers -inc: 2 front USB ports - 1 type A and 1 type C, 8" center stack screen w/standard Bluetooth 361
connectivity for Apple CarPlay and Android Auto
Radio w/Seek-Scan, Clock, Speed Compensated Volume Control, Steering Wheel Controls, Voice Activation, Radio Data System and External Memory Control
Streaming Audio
Integrated Roof Antenna
2 LCD Monitors In The Front

INTERIOR
Driver Seat
Passenger Seat
Full Folding Bench Front Facing Fold Forward Seatback Cloth Rear Seat Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Engine Coolant Temp, Power/Regen, Trip Odometer and Trip Computer Power Rear Windows
FordPass Connect 4G Mobile Hotspot Internet Access
Front Cupholder
Rear Cupholder
Compass
Remote Keyless Entry w/Integrated Key Transmitter, Illuminated Entry and Panic Button Manual Air Conditioning
HVAC -inc: Underseat Ducts
Glove Box
Driver Foot Rest
Interior Trim -inc: Colored Instrument Panel Insert, Colored Door Panel Insert and Other Interior Accents Full Cloth Headliner
Urethane Gear Shifter Material
Front Cloth Bucket Seats -inc: manual 6-way adjustable driver and 4-way manual adjustable passenger, front floor console w/eShifter, armrest and storage bin
Day-Night Rearview Mirror
Driver And Passenger Visor Vanity Mirrors w/Driver And Passenger Auxiliary Mirror Mini Overhead Console w/Storage and 2 12V DC Power Outlets Front Map Lights
Fade-To-Off Interior Lighting
Full Carpet Floor Covering -inc: Carpet Front Floor Mats Pickup Cargo Box Lights
Tracker System
Smart Device Integration
Instrument Panel Bin, Dashboard Storage, Driver / Passenger And Rear Door Bins and 2nd Row Underseat Storage Power 1st Row Windows w/Driver 1-Touch Down
Delayed Accessory Power
Power Door Locks w/Autolock Feature
Systems Monitor
Redundant Digital Speedometer
Trip Computer
Outside Temp Gauge
Analog Appearance
Seats w/Cloth Back Material
Manual Adjustable Front Head Restraints and Manual Adjustable Rear Head Restraints 1 Seatback Storage Pocket
Securilock Anti-Theft Ignition (pats) Engine Immobilizer 2 12V DC Power Outlets
362
Air Filtration
SAFETY
AdvanceTrac w/Roll Stability Control Electronic Stability Control (ESC) And Roll Stability Control (RSC) ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat-Mounted Side Airbags 911 Assist Emergency Sos
Ford Co-Pilot360 - Automatic Emergency Braking (AEB)
Collision Mitigation-Front
Tire Specific Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Safety Canopy System Curtain 1st And 2nd Row Airbags
Airbag Occupancy Sensor
Driver Knee Airbag
Mykey System -inc: Top Speed Limiter, Audio Volume Limiter, Early Low Fuel Warning, Programmable Sound Chimes and Beltminder w/Audio Mute
Rear Child Safety Locks
Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point, Height Adjusters and Pretensioners Back-Up Camera
363
Rev. 3/2021 Sourcewell RFP #091521
Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories

RFP #091521

REQUEST FOR PROPOSALS
for
Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories
Proposal Due Date: September 15, 2021, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 15, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered.

Solicitation Schedule
Public Notice of RFP Published: July 28, 2021
Pre-proposal Conference: August 25, 2021, 10:00 a.m., Central Time Question Submission Deadline: September 8, 2021, 4:30 p.m., Central Time Proposal Due Date: September 15, 2021, 4:30 p.m., Central Time Late responses will not be considered.

Opening: September 15, 2021, 6:30 p.m., Central Time
See RFP Section V.G. “Opening”
364
Rev. 3/2021 Sourcewell RFP #091521
Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories

I. ABOUT SOURCEWELL
A. SOURCEWELL
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements, and results in cooperative purchasing solutions from which Sourcewell’s Participating Entities procure equipment, products, and services.

Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted suppliers’ potential pool of end users.

Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted.

B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell’s contracts are available for use by:
• Federal and state government entities1;
• Cities, towns, and counties/parishes;
• Education service cooperatives;
• K-12 and higher education entities;
• Tribal government entities;
• Some nonprofit entities; and
• Other public entities.

In Canada, Sourcewell’s contracts are available for use by:
• Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly-funded academic, health, and social service entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; 1 Pursuant to HAR §3-128-2, the State of Hawaii, Department of Accounting and General Services, State Procurement Office, on behalf of the State of Hawaii and participating jurisdictions, has provided notice of its Intent to Participate in the solicitation as a participating entity. 365
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• Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; • Members of the Rural Municipalities of Alberta (RMA) and their represented Associations: MASH (municipalities, academic institutions, schools and hospitals) and MUSH (municipalities, universities, schools and hospitals) sectors, and other governmental agencies eligible to use the Sourcewell contracts. MASH and MUSH sector refers to regional, local, district or other forms of municipal government, school boards, publicly-funded academic, health and social service entities, as well as any corporation or entity owned or controlled by one or more of the preceding entities, including but not limited to represented associations, Saskatchewan Association of Rural Municipalities ("SARM"), Association of Manitoba Municipalities ("AMM"), Local Authorities Services/Association of Municipalities Ontario ("LAS/AMO", excluding the cities of Toronto and Ottawa), Nova Scotia Federation of Municipalities (“NSFM”), Federation of Prince Edward Island Municipalities (“FPEIM”), Municipalities Newfoundland Labrador (“MNL”), Union of New Brunswick Municipalities (“UNBM”), North West Territories Association of Communities ("NWTAC") and their members.

RMA Participants may include all not-for-profit agencies for Canadian provinces and territories.

For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country): https://www.sourcewell-mn.gov/sourcewell-forvendors/agency-locator.

Participating Entities typically access contracted equipment, products, or services through a purchase order issued directly to the contracted supplier. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources.

To meet Participating Entities’ needs, Sourcewell broadly publishes public notice of all solicitation opportunities, including this RFP. In the United States each state-level procurement department receives notice for possible re-posting.

Proof of publication will be available at the conclusion of the solicitation process.

II. SOLICITATION DETAILS
A. SOLUTIONS-BASED SOLICITATION
This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards. 366
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B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative.

1. Sourcewell is seeking proposals for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories, including, but not to be limited to:
a. Vehicles of the following types and classifications:
i. Automobiles: mini, subcompact, compact, coupe, sedan, and full-size; ii. Sport Utility Vehicles: cross-over, light duty, and heavy duty; iii. Vans: passenger and cargo;
iv. Trucks: light duty, half ton, three-quarter ton, and one ton; and v. Vehicles of the varieties described in subsections 1. a. i – iv. above, with upfitting designed for Public Safety applications, such as equipment, lighting, technology, and accessories.
b. A wide range of vehicles by: 1) engine type, to include conventional internal combustion, natural gas or propane autogas, hybrid or alternative fuel, and electric powered solutions; 2) seating or cargo configurations, drive train options, and trim levels; and, 3) optional equipment offerings.
c. Proposers may include related equipment, accessories, supplies, parts, and services to the extent that the solutions are an incidental portion of the response.

2. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell:
a. Ambulance and Emergency Medical Transport Vehicles, with Related Equipment, Accessories, And Supplies (RFP #022118);
b. Firefighting Apparatus, with Related Equipment, Accessories, and Supplies (RFP #022818);
c. Class 4-8 Chassis with Related Equipment, Accessories, and Services (RFP #060920); d. School Buses with Related Accessories, Supplies, Parts, and Services (RFP #063020); and, e. Electric Vehicle Supply Equipment and Related Services (RFP #042221).

Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment or products only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local thirdparty contractors, to properly install and bring to operation the equipment or products being proposed.
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Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment, products, and services provided under a resulting contract If proposer is including the equipment, products, and services of its subsidiary entities, the proposer must also identify all included subsidiaries in its proposal. If proposer requires the use of distributors, dealers, resellers, or subcontractors to provide the equipment, products, or services, the proposal must address how the equipment, products or services will be provided to Participating Entities, and describe the network of distributors, dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract.

Sourcewell desires the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities.

C. REQUIREMENTS
It is expected that proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities.

1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes.

2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services.

3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal.

4. Delivered and operational. Unless clearly noted in the proposal, equipment and products must be delivered to the Participating Entity as operational.

5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better.

D. ANTICIPATED CONTRACT TERM
Sourcewell anticipates that the term of any resulting contract(s) will be four years, with an optional one year extension that may be offered based on the best interests of Sourcewell and its Participating Entities.

E. ESTIMATED CONTRACT VALUE AND USAGE
Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $300 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the 368
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contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed.

F. MARKETING PLAN
Proposer’s sales force will be the primary source of communication with Participating Entities.

The proposer’s Marketing Plan should demonstrate proposer’s ability to deploy a sales force or dealer network to Participating Entities, as well as proposer’s sales and service capabilities. It is expected that proposer will promote and market any contract award.

G. ADDITIONAL CONSIDERATIONS

1. Contracts will be awarded to proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP.

2. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the proposal. Sourcewell reserves the right to verify proposer’s information and may request clarification from a proposer, including samples of the proposed equipment or products.

3. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory.

4. A proposer’s documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal.

III. PRICING
A. REQUIREMENTS
All proposed pricing must be:

1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these:
a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the proposer’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP.
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2. The proposer’s not to exceed price. A not to exceed price is the highest price for which equipment, products, or services may be billed to a Participating Entity. However, it is permissible for suppliers to sell at a price that is lower than the contracted price.

3. Stated in U.S. and Canadian dollars (as applicable).

4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity’s location).

Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the proposer. Additionally, proposers should clearly describe any unique distribution and/or delivery methods or options offered in the proposal.

B. ADMINISTRATIVE FEES
Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entitiesfor all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative.

IV. CONTRACT
Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the proposal being disqualified from further review and evaluation.

To request a modification to the template Contract, a proposer must submit the Exceptions to Terms, Conditions, or Specifications table with its proposal. Only those exceptions noted at the time of the proposal submission will be considered.

Exceptions must:

1. Clearly identify the affected article and section.

2. Clearly note the requested modification; and as applicable, provide requested alternative language.

Unclear requests will be automatically denied.

Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded supplier for signature. 370
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If a proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract award may be revoked.

V. RFP PROCESS
A. PRE-PROPOSAL CONFERENCE
Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted in the Solicitation Schedule for this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Supplier Account. Pre-proposal conference attendance is optional.

B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION
All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.

The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions.

All questions, whether specific to a proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline.

C. ADDENDA
Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda.

Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the proposer by checking the box for each addendum. It is the responsibility of the proposer to check for any addenda that may have been issued up to the solicitation due date and time.

If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the proposer’s proposal status to INCOMPLETE. The proposer can view this status change in the “MY BIDS” section of the 371
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Sourcewell Procurement Portal Supplier Account. The proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Supplier Account periodically after submitting its proposal (and up to the Proposal Due Date). If the proposer’s proposal status has changed to INCOMPLETE, the proposer is solely responsible to:
i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above.

D. PROPOSAL SUBMISSION
Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the proposer’s sole responsibility to ensure that the proposal is received on time.

It is recommended that proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock.

In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues.

Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically generate a confirmation email to the proposer. If the proposer does not receive a confirmation email, contact Sourcewell’s support provider at [email protected].

To ensure receipt of the latest information and updates via email regarding this solicitation, or if the proposer has obtained this solicitation document from a third party, the onus is on the proposer to create a Sourcewell Procurement Portal Supplier Account and register for this solicitation opportunity.

Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award.

The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the proposer to remedies available by law.

E. GENERAL PROPOSAL REQUIREMENTS
Proposals must be:
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• In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected.
• Complete. A proposal will be rejected if it is conditional or incomplete. • Submitted in English.
• Valid and irrevocable for 90 days following the Proposal Due Date.

Any and all costs incurred in responding to this RFP will be borne by the proposer.

F. PROPOSAL WITHDRAWAL
Prior to the proposal deadline, a proposer may withdraw its proposal.

G. OPENING
The Opening of proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule.

To view the list of proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed” after the Proposal Due Date and Time.

VI. EVALUATION AND AWARD
A. EVALUATION
It is the intent of Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of proposers that Sourcewell determines is necessary to meet the needs of its Participating Entities. Factors to be considered in determining the number of contracts to be awarded in any category may include the following:
• The number of and geographic location of:
o Proposers necessary to offer a comprehensive selection of equipment, products, or services for Participating Entities’ use.
o A proposer’s sales and service network to assure availability of product supply and coverage to meet Participating Entities’ anticipated needs. • Total evaluation scores.
• The attributes of proposers, and their equipment, products, or services, to assist Participating Entities achieve environmental and social requirements, preferences, and goals.
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Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product.

B. AWARD(S)
Award(s) will be made to the proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP.

Sourcewell may request written clarification of a proposal at any time during the evaluation process.

Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (a copy is available in the Sourcewell Procurement Portal):

Conformance to RFP Requirements 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service 100
Marketing Plan 50
Value Added Attributes 75
Warranty 50
Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400
TOTAL POINTS 1000
C. PROTESTS OF AWARDS
Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.

Box 219, Staples, MN 56479. All documents that comprise the complete protest package must be received no later than 10 calendar days’ following Sourcewell’s notice of contract award(s) or non-award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must allege a procedural, technical, or legal defect, with supporting documentation. A protest that merely requests a re-evaluation of a proposal’s content will not be entertained A protest must include the following items:
• The name, address, and telephone number of the protester; • Identification of the solicitation by RFP number;
• A precise statement of the relevant facts;
• Identification of the alleged procedural, technical, or legal defect; • Analysis of the basis for the protest;
• Any additional supporting documentation;
• The original signature of the protester or its representative; and • Protest bond in the amount of $20,000 (except where prohibited by law or treaty). 374
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Protests that do not address these elements will not be reviewed.

D. RIGHTS RESERVED
This RFP does not commit Sourcewell to award any contract, and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the proposer may be rejected.

Sourcewell reserves the right to:
• Modify or cancel this RFP at any time;
• Reject any and all proposals received;
• Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; • Independently verify any information provided in a proposal; • Disqualify any proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity’s state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect;
• Waive or modify any informalities, irregularities, or inconsistencies in the proposals received;
• Clarify any part of a proposal and discuss any aspect of the proposal with any proposer; and negotiate with more than one proposer;
• Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and
• Award a contract to one or more proposers if it is in the best interest of Participating Entities.

E. DISPOSITION OF PROPOSALS
All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the proposer’s responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law. Sourcewell may reject proposals that are marked confidential or nonpublic, either substantially or in their entirety.

Sourcewell will not consider the prices submitted by the proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a proposer is not considered trade secret under the statutory definition. 375
8/5/2021
Addendum No. 1
Solicitation Number: RFP 091521
Solicitation Name: Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories
Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

We manufacture service bodies and do not sell complete vehicles. Can we bid our product as an accessory to the bid?
Answer 1:

Refer to RFP Section II. B. 1. c., “Proposers may include related equipment, accessories, supplies, parts, and services to the extent that the solutions are an incidental portion of the response.” A proposal that does not include complete vehicles, of the types described in RFP Section II. B. 1. a., will be deemed non-responsive.

End of Addendum
Acknowledgement of this Addendum to RFP 091521 posted to the Sourcewell Procurement Portal on 8/5/2021, is required at the time of proposal submittal. 376
8/8/2021
Addendum No. 2
Solicitation Number: RFP 091521
Solicitation Name: Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories
Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Are you accepting leasing options for this bid?
Answer 1:

Refer to RFP Section II. B. for the description of the requested equipment, products, and services. Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired by participating entities. A proposer may submit their complete line of equipment, products, or services that are applicable to the scope of this RFP. It is left to the discretion of each proposer to articulate their ability to serve Sourcewell participating entities.

End of Addendum
Acknowledgement of this Addendum to RFP 091521 posted to the Sourcewell Procurement Portal on 8/8/2021, is required at the time of proposal submittal. 377
8/23/2021
Addendum No. 3
Solicitation Number: RFP 091521
Solicitation Name: Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories
Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

I would like to see an example of line-item pricing for Sourcewell. Please provide.

Answer 1:

In the competitive process, Sourcewell cannot conduct research for, or expressly identify resources that may be relevant to, a proposer. A proposer may review a sampling of past pricing proposals within the current awarded contract documentation available on the Sourcewell website. Navigate to the following address:
https://www.sourcewell-mn.gov/contract-search and use the list or search functions.

Question 2:

Where can I get a copy of the current contract pricing for the brand of vehicles that I offer?
Answer 2:

Each Sourcewell solicitation represents a separate and distinct opportunity. For examples of current Sourcewell-awarded contracts, refer to the link provided in Answer No. 1 above. Currently active contracts offering similar solutions were awarded under solicitation numbers 120716 and 060920.

End of Addendum
Acknowledgement of this Addendum to RFP 091521 posted to the Sourcewell Procurement Portal on 8/23/2021, is required at the time of proposal submittal. 378
8/26/2021
Addendum No. 4
Solicitation Number: RFP 091521
Solicitation Name: Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories
Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

The manufacturer that I represent has not developed pricing for the 2022 model year vehicles. Should pricing be presented for 2021 and 2022 models that have pricing, and a TBD associated with 2022 models that have yet to be priced by the manufacturer? Answer 1:

In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. It is left to the discretion of each proposer to articulate and propose the pricing approach that aligns with its business methods and satisfies the requirements of RFP Section III. – Pricing. Proposals are evaluated based on the criteria stated in the RFP.

Refer also to the Sourcewell contract template for additional details on the process for requesting a product or pricing change during the term of an awarded contract. A downloadable version of the contract template is found on the Bid Details page for this solicitation within the Sourcewell Procurement Portal.

End of Addendum
Acknowledgement of this Addendum to RFP 091521 posted to the Sourcewell Procurement Portal on 8/26/2021, is required at the time of proposal submittal. 379
9/7/2021
Addendum No. 5
Solicitation Number: RFP 091521
Solicitation Name: Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories
Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

We are requesting a clarification on Table 4 and Table 5. Could we include a reference from a fleet management company or a supplier we use?
Answer 1:

In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. It is left to the discretion of each proposer to determine how to best demonstrate the ability to serve Sourcewell participating entities and satisfy all requirements of the questionnaire tables.

Question 2:

Is it acceptable to provide a redline of the entire Sourcewell template contract? Answer 2:

A request for modification to the Sourcewell contract template may only be submitted with a proposal. To request a modification to the template Contract terms, conditions, or specifications, a Proposer must complete and submit the Exceptions to Terms, Conditions, or Specifications Form, which is found as the final Table of Step 1 in the proposal submission process. A proposer may elect to include additional supporting materials in its discretion.
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Question 3:

Could a video be uploaded as additional content?
Answer 3:

It is left to the discretion of each proposer to determine the method it deems best suited to submit its relevant information in a timely fashion through the Sourcewell Procurement Portal. Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule (RFP Section V. D.), and all relevant information should be included in the proposal (RFP Section II., G.).

Question 4:

Can you elaborate on line item 71? Is there a list of subcategory titles that can be used for reference?
Answer 4:

It is left to the discretion of the proposer to identify subcategory descriptors that may be relevant to the proposer’s offered equipment, products, and services.

End of Addendum
Acknowledgement of this Addendum to RFP 091521 posted to the Sourcewell Procurement Portal on Tuesday, September 7, 2021 6:58 PM, is required at the time of proposal submittal.
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9/8/2021
Addendum No. 6
Solicitation Number: RFP 091521
Solicitation Name: Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories
Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

With the ongoing supply chain delays related to Covid, microchip shortages, and acrossthe-industry shortages of raw materials, we respectfully request an extension to the submittal deadline.

Answer 1:

No extension of the due date is contemplated at this time.

Question 2:

In what format would you like financial stability to be verified? Answer 2:

In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. It is left to the discretion of each proposer to determine how to best demonstrate its financial stability and satisfy all requirements of the questionnaire tables.

End of Addendum
Acknowledgement of this Addendum to RFP 091521 posted to the Sourcewell Procurement Portal on 9/8/2021, is required at the time of proposal submittal. 382
091521-NAF
Rev. 3/2021 1
Solicitation Number: RFP #091521

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 8, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. 






 






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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be 






 






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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; 






 






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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell 






 






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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:








 






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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased 






 






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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.







 






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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, 






 






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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.







 






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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract. 






 






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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms 






 






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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is 






 






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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 






 






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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. 






 






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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names 






 






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091521-NAF
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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation 






 






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091521-NAF
Rev. 3/2021 17
and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 






 






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22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell 72 Hour LLC dba: National Auto
Fleet Group
By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper
Title: Chief Procurement Officer Title: Fleet Manager
Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________







 












 














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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC







 






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416
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RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING ITS 2021-22 FISCAL BUDGET FOR THE PURCHASE OF TWO COMMUNITY ENHANCEMENT AND SAFETY VEHICLES.

WHEREAS the budget for fiscal year 2021-22 of the City of Eastvale has been adopted by this Council in its original form, and said budget will need to be amended at times to fulfill the goals of the City; and
WHEREAS, the City departments may not exceed their appropriations by character of expense, with character of expense being defined as personnel services, services and supplies, capital outlay, debt service and transfers, without the consent of the City Manager; and WHEREAS, the City Manager may transfer appropriations, between accounts, departments, programs, and funds, as long as those appropriations do not exceed the grand total budget approved by Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

SECTION 1. AUTHORIZE AN APPROPRIATION IN THE CAPITAL PROJECTS FUND, VEHICLES EXPENDITURE ACCOUNT NO. 600-330-6610 IN THE AMOUNT OF $60,000 FOR THE PURCHASE OF TWO PICKUP TRUCKS OR EQUIVALENT.

PASSED, APPROVED AND ADOPTED this 25th day of May 2022. __________________________________________
Clint Lorimore
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk
418

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )

I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 22-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 25th day of March 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
419

AGENDA STAFF REPORT
City Council Meeting

CONSENT CALENDAR
Agenda Item No. 11.12
May 25, 2022
Conduc$ng Council and Commission Mee$ng U$lizing
Teleconferencing
Prepared By:

Erica Vega, City Attorney
Recommended Action(s)
Staff recommends that the City Council adopt a resoluon authorizing City Council and Commission meengs to be conducted ulizing teleconferencing, while also allowing in person aendance, under AB 361.

Summary
At its meeng on January 12, 2022, the City Council directed that the opon to aend Council and Commission meengs via teleconference be offered under AB 361 in addion to the opon to attend meetings in person.

Under AB 361 (Government Code secon 54953(e)), the City Council is required to adopt a resoluon making findings within 30 days of meeng via teleconference for the first me and every 30 days therea3er that circumstances warrant ulizing teleconferencing to conduct Council and Commission meetings.

While COVID-19 case rates have dropped significantly since the Council implemented teleconferencing during the omicron surge, over the past two months case rates have been steadily climbing. The statewide 7-day average case rate reached a low of approximately 5.2 new cases per day per 100,000 in populaon in late March. As of May 8, 2022, the statewide 7-day average daily case rate per 100,000 in population was 20.3 cases.

Background
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
420
AB 361 allows members of a legislave body to aend a meeng via teleconference without having to post an agenda at their physical locaon and make that physical locaon accessible to members of the public during a State of Emergency declared by the Governor under the following circumstances:

1. State or local officials have imposed or recommended measures to promote social distancing;

2. The legislave body has determined that meeng in person would present an imminent risk to the health or safety of attendees; or

3. The legislave body is meeng to determine whether meeng in person would present an imminent risk to the health or safety of attendees.

If teleconferencing for Council and Commissions is authorized, AB 361 requires it to also be offered to members of the public. AB 361 gives the City Council the discreon to determine whether to offer an option to attend meetings in person or to make meetings 100% remote participation.

Environmental
Not applicable.

Strategic Plan Action - Priority Level: N/A | Target #: N/A | Goal #: N/A Not applicable.

Fiscal Impact
There is no fiscal impact to connue to restore the use of GoToWebinar at Council and Commission meengs. The City sll maintains an acve account with GoToWebinar and the fees are $249 per month; budget is located in IT services under account 100-240-6490. Staff has connued to use the software for other meetings.

Prior City Council/Commission Action
April 8, 2020 - City commenced utilizing GoToWebinar for teleconferencing into Council and Commission meetings.

June 23, 2021 - Council provided direction to discontinue use of GoToWebinar for teleconferencing into Council and Commission meetings.

January 12, 2022 - Council directed that the City resume ulizing GoToWebinar for teleconferencing into Council and Commission meetings.

Attachment(s)
Attachment 1 - AB 361 Resolution
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
421
RESOLUTION NO. 22-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE AUTHORIZING

THE CITY COUNCIL AND CITY COMMISSIONS TO UTILIZE TELECONFERENCING FOR CONDUCTING PUBLIC MEETINGS PURSUANT TO AB 361
WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and WHEREAS, on March 12, 2020, the Governor of California executed Executive Order N25-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meeting accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and
WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N29-20 which superseded and replaced the provisions of Executive Order N-25-20 related to the Brown Act and teleconferencing; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08- 21 which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 amending Government Code § 54953 and permitting members of a legislative body to teleconference into a meeting without having to comply with the requirements of subdivision (b)(3) Government Code § 54953 during a proclaimed state of emergency if a) State or local officials are imposing or recommending measures to promote social distancing, or b) the body finds that “as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees;” and
WHEREAS, AB 361 imposes requirements to ensure members of the public are able to attend and participate in public meetings of a legislative body conducted via teleconference, including:
 Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option;
 The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; 422
 Prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time;  Prohibits the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and WHEREAS, pursuant to Government Code § 54953(e)(3), a legislative body that holds a meeting via teleconference pursuant to AB 361 must reconsider the circumstances of the state of emergency and make findings every 30 days to continue to meet via teleconference.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the of the City Council.

SECTION 2. The City of Eastvale continues to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (CDPH), and/or County of Riverside, as applicable. Based upon that guidance, in person attendance indoors at public meetings can present an imminent risk to the health and safety of attendees. The City Council wants to ensure that all persons desiring to attend public meetings may do so in a manner that protects the health and safety of the attendees, their families and other close contacts. While COVID-19 cases have dropped significantly in recent weeks, there are still members of the community to whom COVID-19 presents significant health risks, including the immunocompromised, the elderly, and those with underlying medical concerns. Teleconferencing will provide increased meaningful participation options for both members of the legislative body and members of the public in a manner that protects the health and safety of the attendees, their families and other close contacts.

SECTION 3. The City Council hereby declares that, pursuant to the findings in Sections 1 and 2, the City Council and City Commissions are authorized to utilize teleconferencing to conduct public meetings pursuant to AB 361 and Government Code § 54953, as amended thereby. The City Council further directs that members of the legislative body and members of the public be allowed to attend said meetings in person if they so choose.

SECTION 4. Staff is directed to agendize no less than every 30 days Council consideration of the need to continue with teleconferenced meetings as allowed by AB 361.

SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, 423
irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

SECTION 6. This Resolution shall become effective immediately upon adoption.

PASSED, APPROVED AND ADOPTED this 27th day of April, 2022. ______________________________________
Clint Lorimore
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________ _______________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
424

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )

I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 22___, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 27th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
425

AGENDA STAFF REPORT
City Council Meeting

CONSENT CALENDAR
Agenda Item No. 11.13
May 25, 2022
Second Contract Amendment with Infinity Technologies, Inc. for GIS Services
Prepared By:

Marc A. Donohue, City Clerk/Communicaons Director & Johnny Terfehr, Interim Community Safety Director
Recommended Action(s)
Staff recommends that the City Council approve the second amendment with Infinity Technologies, Inc. for GIS Services.

Summary
The City's current GIS environment is hosted by SAFEbuilt (formerly Interwest). SAFEbuilt is disconnuing the GIS services they are providing Cies as of May 31, 2021. Staff is recommending that we migrate our GIS services to our IT provider Infinity Technologies. They have the experse and knowledge to properly maintain our GIS program for the foreseeable future.

GIS services under the flat monthly fee include but are not limited to:

Quarterly updates of parcel, address, and street GIS data; As-needed data updates, Public Works asset layers, planning layers, and districts; As-needed data updates of CES layers, parcel owner information, and parcel attributes; Custom hardcopy/digital mapping requests;
ArcGIS Online administration; and
Fulfilling GIS Data requests
Background
The City began its contract Infinity Technologies in June of 2021. Infinity currently provides IT 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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services to the City and has the resources to seamlessly assume GIS services from SAFEbuilt. The GIS services were being provided by Interwest and are critically important to efficient City operations.

Engineering uses the City GIS pla@orm extensively for streetlights, landscape and lighng districts, properly line, and property owner informaon. Economic Development uses GIS for development story maps and sales tax informaon. Accela is integrated with GIS to provide property owner informaon for building permits and building staff can use GIS to verify compliance with building codes. Planning uses GIS for determining property lines, setbacks, zoning designaon, analysis, and property owner informaon. Community Enhancement and Safety uses GOGov which integrates with GIS to provide officer area assignment, trash can pick up days, street sweeping days, and parcel address informaon. All departments use GIS to create more lively and useful visual presentaons to commissions, City Council, and for public outreach events.

This second amendment with Infinity will maintain current services being provided by SAFEbuilt.

Environmental
The contract extension does not result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that is any of the following because it is a connuing administrave acvity and is not defined as a Project pursuant tot he California Environmental Quality Act (CEQA). No environmental review is required.

Strategic Plan Action - Priority Level: N/A | Target #: 7 | Goal #: 7 Invest internally in software/technology improvements to enhance customer service Identify and recommend tools necessary for optimal employee performance Fiscal Impact
The flat monthly fee for GIS services is $2,000. The contract does not include an annual inflator. The current fiscal year 2021-22 impact is $2,000, as the contract commences on June 1, 2022; budget is available in General Fund account 100-320-6433. The annual fiscal year costs as of July 1, 2022 will be $24,000; budget for fiscal year 2022-23 is not yet approved, however adequate budget for this contract will be requested in General Fund account 100-320-6433.

Prior City Council/Commission Action
The City Council approved the first contract on June 1, 2021.

Attachment(s)
Attachment 1 - Second Amendment
Attachment 2 - Proposal
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-1-
2nd Amendment to Agreement
This 2nd Amendment to Agreement (“Second Amendment”) is entered into this 25th day of May, 2022 by and between the City of Eastvale, a California general law city (“City”), and Infinity Technologies, a California corporation (“Contractor”), as follows:

RECITALS
A. City and Contractor entered in an agreement for Information Technology Services on or about June 1, 2021 with a flat monthly fee of $10,000 for information technology services.

B. City and Contractor agreed to a 1st amendment to the agreement to reflect additional coverage at City Hall for IT services and a modified monthly fee of $13,000.

B. City and Contractor desire to amend the scope of services to reflect additional GIS services with an additional monthly fee.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:

1. AMENDMENTS.
a. Compensation. Exhibit B of the Agreement is amended to reflect an additional monthly fee of $2,000.
b. Scope of Services. The scope of services in Exhibit A are modified to reflect a monthly GIS support services.

2. GENERAL PROVISIONS.
a. Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties.
b. Integration. This Second Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment.
c. Effective Date. This Second Amendment shall not become effective until the date it has been formally approved and executed by the appropriate authorities of the City and Consultant.
428
-2-
d. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment. e. References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Second Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Amendment.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.

CITY OF EASTVALE:
____________________________
Henry Garcia, Interim City Manager
APPROVED AS TO FORM:
____________________________
Erica L. Vega, City Attorney
ATTEST:
____________________________
Marc Donohue, City Clerk

INFINITY TECHNOLOGIES
___________________________
Name: Mohammad Ahmed
Title: President/CEO
429
-3-
Exhibit A
Scope of Services:

The services listed below are included in our flat monthly fee:

1. Quarterly updates and publication of parcel, address, and street GIS data.

2. Quarterly updates to GoGov code enforcement system. This includes tagging parcels with updated code inspection zones.

3. As-needed data updates and publication PW asset layers, planning layers, and districts.

4. Custom hardcopy or digital mapping requests.

5. Analysis and report creation.

6. Fulfilling GIS Data requests.

7. Maintenance of the existing WebGIS applications for staff and public use. - Staff GIS Viewer
- Staff Street Sweeping Viewer
- Streetlights Viewer
- Development Projects Story Map
- Public Planning Parcel Information viewer

8. ArcGIS Online administration.

Infinity Technologies GIS Service Level Agreement (SLA):

1. One reach local phone number and email address for GIS support

2. Provide 24 x 7 x 365 support

3. Respond to requests for GIS support within (4) hours during business hours

4. Trouble Tickets will be acknowledged within (30) minutes during normal business hours a. Report of WebGIS issues
b. Report of GIS data issues

5. Provide on-site GIS training/workshops twice per year. 430
-4-
Exhibit B
Flat fee for monthly GIS services $2,000
431
CITY OF EASTVALE, CA April 20, 2022
DESCRIPTION OF SERVICES AND COST QUOTE FOR:

MONTHLY GEOGRAPHIC INFORMATION SYSTEM (GIS) SUPPORT
Introduction
Infinity Technologies would like to thank the City of Eastvale for the opportunity to provide a quote for services to continue to support your GIS needs. Infinity Technologies has extensive experience in implementing and supporting a city-wide GIS from the ground up, as well as maintaining a high level of service for ongoing day-to-day of City GIS requests.

Infinity Technologies is submitting this quote that will provide the City of Eastvale with a reliable set of GIS services. Infinity Technologies will offer the following GIS services under a flat monthly fee:
 Quarterly updates of parcel, address,
and street GIS data
 Parcel updates to GoGov.
 As-needed data updates Public Works
asset layers, planning layers, and
districts
 Custom hardcopy/digital mapping
requests.
 Analysis and report creation.
 Maintenance of the existing WebGIS
applications for staff and public use.
 ArcGIS Online administration.
 Fulfilling GIS Data requests
Additionally, we have a broad set of experience and expertise to offer GIS support services beyond the scope outlined below for any new or special projects. In these instances, we will work with you to develop a task order and budget to ensure they meet your time and cost expectations. The task order work items will be billed on time and materials basis. Examples of special projects include new public mapping applications, new staff mapping applications, new GIS data development, and GIS integration support of new business systems (permitting, asset management, code enforcement).

Monthly Support - Scope of Services
The services listed below are included in our flat monthly fee:

1. Quarterly updates and publication of parcel, address, and street GIS data.

2. Quarterly updates to GoGov code enforcement system. This includes tagging parcels with updated code inspection zones.

3. As-needed data updates and publication PW asset layers, planning layers, and districts.

4. Custom hardcopy or digital mapping requests.

5. Analysis and report creation.

6. Fulfilling GIS Data requests.
432

7. Maintenance of the existing WebGIS applications for staff and public use.  Staff GIS Viewer
 Staff Street Sweeping Viewer
 Streetlights Viewer
 Development Projects Story Map
 Public Planning Parcel Information viewer

8. ArcGIS Online administration.

Infinity Technologies Monthly GIS Support
Flat fee for monthly GIS services $2,000
Infinity Technologies GIS Staff/Hourly Rates (Special Project Requests) Name Title Rate Primary Task Responsibility
Mark Dumford Project Manager $160 Project Management, Quality Control, GIS Review and Needs Todd Lighthizer Sr. GIS Analyst $125 GIS Review and Needs Jared Schuckert Sr. GIS Analyst $125 WebGIS Maintenance, ArcGIS Online Admin, Abby Thornton GIS Analyst $105 WebGIS Maintenance, Data Maintenance, Mapping, Analysis/Reports Ryan Gonzalez GIS Tech $95 Data Maintenance, Mapping, New WebGIS Applications, Data Requests Lillian Lee GIS Analyst $95 Data Maintenance, Mapping, New WebGIS Applications, Data Requests Infinity Technologies GIS Service Level Agreement (SLA)

1. One reach local phone number and email address for GIS support

2. Provide 24 x 7 x 365 support

3. Respond to requests for GIS support within (4) hours during business hours

4. Trouble Tickets will be acknowledged within (30) minutes during normal business hours a. Report of WebGIS issues
b. Report of GIS data issues

5. Provide on-site GIS training/workshops twice per year. 433

AGENDA STAFF REPORT
City Council Meeting

CONSENT CALENDAR
Agenda Item No. 11.14
May 25, 2022
Second Reading and Adop&on of the Following Ordinances to Facilitate the Development of 2,500 Residen&al Units and 595,000 Square Feet of Commercial Development Including a Hotel, a Civic Center (City Hall, Library, Police Sta&on), and a Fire Sta&on on a 158.6 acre Parcel Located at the Northwest Corner of Hamner Avenue and Limonite Avenue Commonly Referred to as the "Leal Property": An Ordinance Approving an Amendment to the Leal Master Plan (PLN21-20039 SPA001); and An Ordinance Approving a Development Agreement (PLN21-20039 DA003) By and Between the City of Eastvale and The New Home Company for a 20-year term.

Prepared By:

Gina Gibson Williams, Community Development Director
Recommended Action(s)
Staff recommends that the City Council adopt the following Ordinances to Facilitate the Development of 2,500 Residen$al Units and 595,000 Square Feet of Commercial Development Including a Hotel, a Civic Center (City Hall, Library, Police Sta$on), and a Fire Sta$on on a 158.6 acre parcel located at the northwest corner of Hamner Avenue and Limonite Avenue commonly referred to as the "Leal Property":

1. An Ordinance approving an Amendment to the Leal Master Plan (PLN21-20039 SPA001); and 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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2. An Ordinance approving a Development Agreement (PLN21-20039 DA003) by and between the City of Eastvale and The New Home Company for a 20-year term.

Summary
Leal Master Plan In December of 2017, the City of Eastvale adopted the Leal Master Plan and cer$fied the Program Environmental Impact Report (PEIR) to facilitate the development of the Leal Property. The Leal Property is approximately 158.6 acres in size. The boundaries are 58th Street, Hamner Avenue, Limonite Avenue, and Scholar Way (Assessor Parcel Nos. 164030010; 164030012- 14; 164030024- 25). The Leal Property is a former dairy and agricultural site that is no longer in use.

The Leal Master Plan establishes Eastvale's vision to create a dynamic, dis$nc$ve downtown with mixed-use, retail, office, hotel, housing, public spaces and a civic center. In 2021, the property owner entered into escrow with the developer, The New Home Company, to purchase the land and develop the site as a comprehensive, integrated community.

Ordinances
The Eastvale Municipal Code requires approval of an Ordinance to modify a Master Plan. California State law, requires an Ordinance to approve a Development Agreement. On April 25, 2022, the Planning Commission recommended that the City Council approve the Project including the Master Plan Amendment and the Development Agreement. On May 11, 2022, the City Council introduced the Ordinance by $tle and waived further reading. The City Council also approved the Resolu$ons for the related entitlement applications.

Background
A detailed project descrip$on and analysis of the project merits including the Development Agreement and the Master Plan Amendment are contained in the May 11, 2022, City Council Agenda Report. The Ordinances are aEached to this report as Exhibit A and B. The Agenda Packet for the May 11, 2022, City Council Mee$ng is included with this report as AEachment C. All required findings for the Master Plan Amendment and the Development Agreement were made in a posi$ve manner. It is recommended that the City Council approve the Ordinance to adopt the Master Plan Amendment and the Development Agreement.

Environmental
Pursuant to Sec$on 15162 of the CEQA Guidelines, it is the independent judgement of the Lead Agency that the project will not result in any new or more significant impacts to the environment other than those which have already been assessed under the cer$fied PEIR and that no further environmental review is required. An Addendum to the PEIR for the Leal Master Plan was prepared for the Project in accordance with Sec$ons 15162 and 15164 of the CEQA Guidelines. The Addendum was adopted by the City Council on May 11, 2022.

Strategic Plan Action - Priority Level: 1 | Target #: 2 | Goal #: 3

1. Attract and retain businesses that align with diverse community needs and provide choices;

2. Create “Destination Eastvale” with high quality and unique businesses;

3. Develop and Construct Civic Center (City Hall, Library, Police Substation, and 3rd Fire Station); and

4. Diversify the housing stock with more options
Fiscal Impact
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Adop$on of the Ordinances is a regulatory ac$on which will not impact the City's General Fund. The Merits of the Project and its impact to the General Fund were analyzed in the May 11, 20022, Agenda report included as Attachment C.

Prior City Council/Commission Action
On April 25, 2022, the Planning Commission recommended that the City Council approve the Project including the Master Plan Amendment and the Development Agreement. On May 11, 2022, the City Council introduced the Ordinance for the Master Plan and the Development Agreement by $tle and waived further reading.

Attachment(s)
Attachment 1 - CC Ord (LMP Amendment).docx
Attachment 2 - CC Ord (DA).docx
Attachment 3 - Leal CC Agenda Packet.pdf
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ORDINANCE NO. 22-XX

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE LEAL MASTER PLAN FOR ENTITLEMENTS RELATED TO THE 158.6-ACRE SITE LOCATED AT THE NORTHWEST

CORNER OF HAMNER AND LIMONITE AVENUES COMMONLY KNOWN AS THE

LEAL PROPERTY
THE CITY COUNCIL OF THE CITY OF EASTVALE ORDAINS AS FOLLOWS:

SECTION 1: ENVIRONMENTAL FINDINGS
The City Council of the City of Eastvale, in light of the whole record before it, including, but not limited to, the City’s local CEQA Guidelines and thresholds of significance, the Addendum to the Leal Master Plan Program Environmental Impact Report (PEIR) and other documents incorporated therein by reference, any written comments received and responses provided, and other substantial evidence, within the meaning of Public Resources Code Sections 21080(e) and 21082.2, within the record and/or provided at the public hearing, hereby finds, determines, and certifies as follows:

A. CEQA. The approval of this Amendment No. 1 to the Leal Master Plan is in compliance with requirements of the California Environmental Quality Act (“CEQA”), in that on May 11, 2022 at a duly noticed public hearing, the City Council approved and adopted an Addendum to the Leal Master Plan PEIR reflecting its independent judgment and analysis and documenting that there was not substantial evidence, in light of the whole record, that a supplemental or subsequent EIR is required under CEQA Guideline Section 15162. The documents comprising the City’s environmental review for the project are on file and available for public review at Eastvale City Hall, Suite 910, Eastvale, CA 91752.

B. Multiple Species Habitat Conservation Plan (MSHCP). The project is found to be consistent with the MSHCP. The project is located outside of any MSHCP criteria area and mitigation is provided through payment of the MSHCP Mitigation Fee.

SECTION 2. FINDINGS FOR AMENDMENT NO. 1 TO THE LEAL MASTER PLAN (SPA001) Finding 1. That the proposed master plan is consistent with the goals, policies, and objectives of the general plan.

Evidence. The Eastvale General Plan identified the Leal Property as a "significant development opportunity" and designates the site for mixed development. All the land uses identified in the General Plan Land Use Policy 8.1 are retained and refined in the proposed Project. The proposed Project as conditioned, will implement the General Plan policies for the Leal site and is therefore consistent with the goals, policies and objectives of the General Plan. 437
Finding 2. The proposed master plan meets the requirements set forth for a Master Plan.

Evidence. As conditioned, the proposed Amendment meets the requirements for a Master Plan according to the Eastvale Municipal Code. The Plan will contain sufficient detail to allow city staff to implement its provisions and to describe to developers how properties within a master plan may be developed. The Plan will contain mandatory contents of the master plan including a schedule or program of existing services and facilities including transit.

Finding 3. If the master plan site, or any portion thereof, is located within the Chino Airport influence area, the city council must find that:
a. The master plan and amendment has been reviewed by the airport land use commission; and
b. The master plan is consistent with the most recently adopted version of the Chino Airport land use compatibility plan.

Evidence. The Leal Master Plan is not located within the Chino Airport Land Use Compatibility zone and is not subject to review by the airport commission or consistency with the airport compatibility plan.

Finding 4. The language and contents of the master plan shall be acceptable and must meet all applicable city standards.

Evidence. The Master plan was reviewed by the City of Eastvale Community Development Department and the City's planning consultant team. As conditioned, the Master Plan is acceptable and will meet all applicable city standards in terms of design, architecture, land use standards, circulation, permitted uses, development standards, public services, administration, and implementation.

SECTION 3. AMENDMENT NO. 1 TO THE LEAL MASTER PLAN
The Leal Master Plan is hereby amended as shown in Exhibit A attached hereto and incorporated herein by reference.

SECTION 4. SEVERABILITY
If any Chapter, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance.

The City Council hereby declares that it would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
438
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its passage by the City Council.

SECTION 6. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Chapter 39633(c).

PASSED, APPROVED AND ADOPTED this 25th day of May, 2022. ____________________________________
Clint Lorimore
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ Erica Vega Marc Donohue
City Attorney City Clerk
439

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE )

I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 22-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 25th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
440

EXHIBIT A
441
ORDINANCE NO. 22-XX

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT (DA003) BY AND

BETWEEN THE CITY OF EASTVALE AND THE NEW HOME COMPANY, WHICH VESTS THE LAND USE ENTITLEMENTS FOR THE PROJECT FOR A TERM OF 20

YEARS, ESTABLISHES THE AMOUNT AND TIMING OF DEVELOPMENT IMPACT

FEES PAYABLE BY THE PROJECT, SECURES OTHER PUBLIC BENEFITS INCLUDING

BUT NOT LIMITED TO LAND FOR A FUTURE CIVIC CENTER AND FIRE STATION,

AND AUTHORIZES CERTAIN CREDITS OR REIMBURSEMENTS TO THE NEW HOME COMPANY RELATED TO THE 158.6-ACRE SITE LOCATED AT THE NORTHWEST

CORNER OF HAMNER AND LIMONITE AVENUES COMMONLY KNOWN AS THE

LEAL PROPERTY
THE CITY COUNCIL OF THE CITY OF EASTVALE ORDAINS AS FOLLOWS:

SECTION 1: ENVIRONMENTAL FINDINGS
The City Council of the City of Eastvale, in light of the whole record before it, including, but not limited to, the City’s local CEQA Guidelines and thresholds of significance, the Addendum to the Leal Master Plan Program Environmental Impact Report (PEIR) and other documents incorporated therein by reference, any written comments received and responses provided, and other substantial evidence, within the meaning of Public Resources Code Sections 21080(e) and 21082.2, within the record and/or provided at the public hearing, hereby finds, determines, and certifies as follows:

A. CEQA. The approval of this Amendment No. 1 to the Leal Master Plan is in compliance with requirements of the California Environmental Quality Act (“CEQA”), in that on May 11, 2022 at a duly noticed public hearing, the City Council approved and adopted an Addendum to the Leal Master Plan PEIR reflecting its independent judgment and analysis and documenting that there was not substantial evidence, in light of the whole record, that a supplemental or subsequent EIR is required under CEQA Guideline Section 15162. The documents comprising the City’s environmental review for the project are on file and available for public review at Eastvale City Hall, Suite 910, Eastvale, CA 91752.

B. Multiple Species Habitat Conservation Plan (MSHCP). The project is found to be consistent with the MSHCP. The project is located outside of any MSHCP criteria area and mitigation is provided through payment of the MSHCP Mitigation Fee.

SECTION 2. FINDINGS FOR DEVELOPMENT AGREEMENT (DA003)
Finding 1. The proposal is consistent with the General Plan and any applicable Specific Plan. 442
Evidence. The Development Agreement facilitates development contemplated in the Master Plan Amendment and the General Plan goal to develop the Leal property as a civic center and mixeduse commercial development and as such the Development Agreement is consistent with the General Plan.

SECTION 3. DEVELOPMENT AGREEMENT (DA003)
Development Agreement (DA003) by and between the City of Eastvale and The New Home Company, which vests the land use entitlements for the project for a term of 20 years, establishes the amount and timing of development impact fees payable by the project, secures other public benefits including but not limited to land for a future civic center and fire station, and authorizes certain credits or reimbursements to The New Home Company, is approved as shown in Exhibit A attached hereto and incorporated herein by reference.

SECTION 4. SEVERABILITY
If any Chapter, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance.

The City Council hereby declares that it would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its passage by the City Council.

SECTION 6. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Chapter 39633(c).

PASSED, APPROVED AND ADOPTED this 25thth day of May, 2022. 443
____________________________________
Clint Lorimore
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ Erica Vega Marc Donohue
City Attorney City Clerk
444

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE )

I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 22-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 25th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
445

EXHIBIT A
446

AGENDA STAFF REPORT
City Council Meeting

PUBLIC HEARINGS
Agenda Item No. 12.1
May 11, 2022
A Request (PLN21-20039) by The New Home Company for
Approval of the Following En4tlements Related to the 158.6 Acre Site Located at the Northwest Corner of Hamner Avenue and Limonite Avenue Commonly Known as the Leal Property: an Addendum to the Cer4fied Program Environmental Impact Report for the Leal Master Plan, Leal Master Plan Amendment (SPA001), a Development Agreement (DA003), a Tenta4ve Tract Map (TTM 38290) to Create 14 Developable Lots, 19 Lots for Infrastructure, Trails and Open Space and a Major Development Plan Review (PLN22-20020 DR001) to Facilitate the Development of 2,500 Residen4al Units and 595,000 Square Feet of Commercial
Development Including a Hotel, a Civic Center (City Hall, Library, Police Station) and a Fire Station
Prepared By:

Gina Gibson-Williams, Community Development Director
Recommended Action(s)
Staff recommends that the City Council:

1. Conduct a public hearing;

2. Approve PLN21-20039 and the following:
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A Resolu0on approving an Addendum to the Cer0fied Program Environmental Impact Report for the Leal Master Plan;
Introduc0on of An Ordinance approving an Amendment to the Leal Master Plan (SPA001), Reading the Ordinance by Title and Waiving Further Reading of the Ordinance; Introduc0on of An Ordinance approving a Development Agreement (DA003), Reading the Ordinance by Title and Waiving Further Reading of the Ordinance; A Resolution approving a Tentative Tract Map (TTM 38290) and; A Resolution approving a Major Development Plan Review (PLN22-20020 DR001).

Summary
In December of 2017, the City of Eastvale adopted the Leal Master Plan and cer0fied the Program Environmental Impact Report (PEIR) to facilitate the development of the Leal property. The Leal property is approximately 158.6 acres in size. The boundaries are 58th Street, Hamner Avenue, Limonite Avenue, and Scholar Way (Assessor Parcel Nos. 164030010; 164030012-14; 164030024- 25). The Leal property is a former dairy and agricultural site that is no longer in use. The Leal Master Plan establishes Eastvale's vision to create a dynamic, dis0nc0ve downtown with mixed-use, retail, office, hotel, housing, public spaces and a civic center. In 2021, the property owner entered into escrow with the developer, The New Home Company, to purchase the land and develop the site as a comprehensive, integrated community.

On April 25, 2022 the Planning Commission recommended that the City Council approve the Project.

Background
Surrounding Land Uses and Zoning
The Project site is surrounded by the following uses and zoning designations:

Location Land Use Zoning
North Residential
Planned Residential/ Single Family
Residential (PRD/R-1)
East
Swan Lake/Eastvale Gateway
Center
Mobile Home Park (R-T)/Specific
Plan (S-P)
South
Single Family
Residential/Cloverdale
Marketplace
Planned Residential (PRD)/General
Commercial (C-1/C-P)
West Residential/The Lodge General Residential (R-3)
The developer submitted the following applications to the City for review:

1. An Addendum to the Program Environmental Impact Report (PEIR) for the Leal Master Plan;

2. An Amendment to the Leal Master Plan;

3. A Development Agreement;

4. A Tentative Tract Map; and

5. A Major Development Plan Review.

The applica0ons support development of the Leal property to analyze the impacts associated with 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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the development, vest the en0tlement rights for a twenty year period, subdivide the property to create 14 developable lots, 19 lots for infrastructure, trails and open space and facilitate the development of 2,500 residen0al units, 595,000 square feet of commercial development including a hotel, a civic center (City Hall, Library, Police Sta0on) and Fire Sta0on hereaDer referred to as the "Project". Staff recommends that the City Council consider the merits of applica0ons filed by the developer, the analysis in the agenda report, wriGen and oral public tes0mony and approve the Project.

Leal Master Plan Amendment
The Leal Master Plan is the City's vision for a vibrant Downtown, entertainment/lifestyle, mixed use development. The applicant filed an applica0on to modify the approved Leal Master Plan. This request is the first amendment to the Leal Master Plan (SPA001). The proposed amendment establishes a land use map, specifies backbone streets, iden0fies planning areas, parks, and open space, lists development standards such as setbacks, height limits, and design guidelines to facilitate development of the Project. The modified plan consists of several land uses including:

Civic Center
Library
Police Station
Fire Station
14 acres of parks/open space and a private recreation center up to 595,000 square feet of retail/commercial and lifestyle center including a hotel up to 2,500 homes.

The proposed amendment is designed to: Refine land use and zoning designa0ons within the Master Plan; Establish project-wide Land Use Plan, Circula0on Plan, and Infrastructure Plans; Determine project-wide development standards, design guidelines and site characteris0cs. The proposed Master Plan Amendment eliminates the commercial phasing obliga0ons contained in the original Leal Master Plan (construct 325,000 square feet of commercial uses within a Lifestyle Center before the total development of other uses reaches 40 acres). The Master Plan Amendment has four (4) land use designa0ons, Residen0al, Downtown, Parks/Open Space and Public Facility. The Land Use Plan is included with the report as Attachment E.

Land Use
Residential
Residen0al Planning Areas are iden0fied as 1, 6, 7, 8, 9, 11, 12 and 13, which are approximately 87 acres. The residen0al land use areas will accommodate up to 1,840 units and will feature six dis0nct home types:

1. Conventional Single Family Homes

2. Zero-Lot Line Homes

3. Rear Loaded Homes

4. Row Townhomes

5. Attached Motor Court Homes

6. Apartments/Flats
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Downtown
Downtown Planning Areas are iden0fied as 2,3,4,5 and 10, which are approximately 52 acres.

Downtown will accommodate 595,000 square feet of commercial use, 660 residen0al units, and the Civic Center.

Parks and Open Space
Parks and Open Space are located along 58th, Hamner and Limonite Avenues and Planning Areas J, K and L, which are approximately 14 acres. Open space, trails and linear parks are shown on Attachment E to this report.

Fire Station
Planning Area 14 is 1.2 acres in size and is designated as public facility for the Fire Station.

Circulation
There are six (6) major points of vehicular access to the site: two from Limonite Avenue, one of which is signalized; two from Hamner Avenue, one of which is also signalized; one on 58th Street, and one on Scholar Way. Limonite and Hamner Avenues will be dedicated, widened with an addi0onal travel lane and fully improved. Scholar Way and 58th street will be fully improved. The major backbone streets will support walking and biking with an extensive network of trails and pathways.

Authority to Amend a Master Plan
Sec0on 120.02.060 of the Code specifies the requirements to amend a Master Plan are the same as those to amend the Zoning Code.

According to Sec. 120.01.070. - Zoning Code and Map Amendments, the designated approving authority for zoning amendments is the City Council. The Planning Director (Community Development Director) and Planning Commission provide recommenda0ons and the City Council approves, condi0onally approves, or denies the zoning amendment in accordance with the requirements of this title.

Approval or Amendment of a Master Plan.

Prior to adopting or amending a master plan, the City Council shall make the following findings:
(1) That the proposed master plan is consistent with the goals, policies, and objec0ves of the general plan.

The Eastvale General Plan iden0fied the Leal Property as a "significant development opportunity".

The General Plan designates the site for mixed development. All of the land uses iden0fied in the General Plan Land Use Policy 19 are retained and refined in the proposed Project. The proposed Project as condi0oned, will implement the General Plan policies for the Leal site and is therefore consistent with the goals, policies and objectives of the General Plan. (2) That the proposed master plan meets the requirements set forth for a Master Plan.

As condi0oned, the proposed Amendment meets the requirements for a Master Plan according to the Eastvale Municipal Code. The Plan will contain sufficient detail to allow city staff to implement its provisions and to describe to developers how proper0es within a master plan may be developed.

The Plan will contain mandatory contents of the master plan including a schedule or program of existing services and facilities including transit.
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(3) If the master plan site, or any por0on thereof, is located within the Chino Airport influence area, the city council must find that:
a. The master plan and amendment has been reviewed by the airport land use commission; and b.The master plan is consistent with the most recently adopted version of the Chino Airport land use compatibility plan.

The Leal Master Plan is not located within the Chino Airport Land Use Compa0bility zone and is not subject to review by the airport commission or consistency with the airport compatibility plan. (4) The language and contents of the master plan shall be acceptable and must meet all applicable city standards.

The Master plan was reviewed by the City of Eastvale Community Development Department and the City's planning consultant team. As condi0oned, the Master plan is acceptable and will meet all applicable city standards in terms of design, architecture, land use standards, circula0on, permiGed uses, development standards, public services, administration, and implementation.

Development Agreement
The Development Agreement is a voluntary contract between the City of Eastvale and The New Home Company which provides security for both sides 0ed to a development project and confers economic benefit to each party. The Development Agreement is a legisla0ve act authorized by the California Government Code 65864 and the Eastvale Municipal Code. With a Development Agreement, the City realizes benefits it could not normally secure via the tradi0onal approval process. The Developer mi0gates risk against future changes to the rules governing land use en0tlements. In addi0on, the Development Agreement ensures development of the Project, which creates regional economic benefits, including new construc0on and commercial employment opportunities.

The Developer submiGed applica0ons to consider Leal Master Plan Amendment (SPA 01) and related documents and a Development Agreement (DA003) to govern development of certain property owned by the Leal Family Trust. The Developer is under contract with the property owner to acquire the property in three (3) phases. The Phasing Map is include with this report as Attachment F.

California Government Code Sec0on 65864 authorizes ci0es to enter into development agreements.

Development Agreements eliminate uncertainty with respect to the development process and promote orderly and efficient development, thereby improving the local economy, and promo0ng the City’s development goals and objec0ves. Because large, mul0-phase projects require substan0al up-front capital investments in land or public infrastructure, developers and ci0es seek certainty with respect to land use en0tlements and the cost of development. Because the City mi0gates development risk by limi0ng its ability to change the regula0ons and fees or exac0ons applicable to the Project, the City may nego0ate considera0on for the Development Agreement that exceeds the normal boundaries established by statute and case law. The DraD Development Agreement is included as Attachment H to this report.

City Council Development Agreement Goals
On August 25, 2021, the City Council established the Real Property Ad-Hoc CommiGee. The CommiGee met regularly from Fall 2021 to April 2022 and provided guidance to staff for the Master 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Plan Amendment and the proposed terms of the Development Agreement. The key goals established by the City Council and the Ad Hoc CommiGee for the Development Agreement included:

1. Encourage development of a mixed-use community, including retail, office, and general commercial services along with a range of housing products fulfilling the City’s Housing Element burdens, and

2. Create a vibrant, urban downtown with a future civic center including a City Hall, Library, and Police Station as a catalyst anchor, and

3. Secure a site for a future fire station to service the needs of the broader community, and

4. Assume responsibility for the determina0on of park and recrea0on needs and facility requirements, and

5. Ensure that the completed Project has a neutral or posi0ve opera0ng fiscal impact on the City, assuming current service levels.

6. Create a fair and reasonable exchange of value between the City and Developer.

Development Agreement Term
The Term of the Development Agreement is twenty (20) years from the Effec0ve Date. The Effec0ve Date means the later of (i) 30 days aDer adop0on of the Ordinance approving the Development Agreement and (ii) the date the Developer acquires any por0on of the Property, but in any event not later than one year aDer the adop0on of the Ordinance. The Development Agreement may be terminated prior to the end of the Term, in whole or in part, under the various condi0ons specified in the terms of the Agreement. The Development Agreement requires that the City Council conduct a periodic review of Developer’s compliance with the terms, condi0ons, and covenants of the Development Agreement at least once every 12 months commencing on the Effective Date.

Development Agreement En"tlements (Exis"ng Land Use Regula"ons and Exis"ng Development Approvals)
The Development Agreement incorporates the provisions of the adopted Leal Master Plan and Environmental Impact Report as modified by the Master Plan Amendment No. 1, the Addendum to the Leal Master Plan EIR, the Tenta0ve Tract Map, Major Development Review, and all other land use permits or approvals issued by the City of Eastvale (defined as the “Exis0ng Development Approvals”). In addi0on, the Development Agreement defines the “Exis0ng Land Use Regula0ons” to include the codes, rules, and regula0ons (such as the General Plan, Zoning, and Building Codes) enforced as of the Entry Date (the date of Approval for the Development Agreement). The City of Eastvale may not alter the Exis0ng Land Use Regula0ons with respect to the Project during the Term. The Developer will have a vested right to develop the Project in accordance with the Exis0ng Land Use Regula0ons and Exis0ng Development Approvals, notwithstanding any future changes initiated by the City Council or the voters of the City.

The Project may require subsequent ministerial or discre0onary permits, licenses or other similar approvals to develop the Project. The City must impose Condi0ons of Approval consistent with the Exis0ng Land Use Regula0ons and the Exis0ng Development Approvals unless otherwise agreed by the Developer. However, the Project remains subject to all Federal and State Laws, Police Powers, and Uniform Codes as they exist today or as modified in the future. These include building codes, public improvement construc0on standards, and other health and safety regula0ons applicable citywide. It is primarily the permiGed land uses, parking, landscaping, and related development standards that the Agreement fixes for the Term.
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The Developer and Project shall be subject to any lawfully imposed condi0ons of approval imposed by other governmental agencies. The Project and its occupants remain subject to all taxes of general applicability (such as sales taxes, transient occupancy taxes, or property taxes). The Developer must also pay all customary fees for processing development applications.

The Development Agreement does not bind the Developer to any specific schedule of performance for the private improvements, including the residen0al and commercial uses. The Developer is not subject to any commercial phasing obliga0ons as a condi0on for pulling residen0al permits as previously required in the Leal Master Plan.

Consideration of a Development Agreement
In reviewing an applica0on for a development agreement, the City Council shall give considera0on to:
(a)Other pending applications and approved projects;
(b)The traffic, parking, public service, visual, and other impacts of the proposed development project upon abutting properties and the community;
(c)Ability of the applicant to address public facility needs and financing obligations; (d)The rela0onship of the project to the city's growth management program in the general plan and applicable specific plan;
(e)The provisions included, if any, for reserva0on, dedica0on, or improvement of land for public purposes or accessibility to the public;
(f)The type and magnitude of the project's economic effects to the City of Eastvale through a fiscal impact analysis, and of its contribu0on, if any, toward mee0ng the city's housing needs, including affordable housing; and
(g)Any other comparable, relevant factor or factors.

This staff report and attachments address the required considerations listed herein.

Tentative Tract Map
According to the Assessor's Map, the property consists of six parcels. The proposed Tenta0ve Map will divide the six parcels into 14 developable lots and 19 lots for infrastructure. The table below shows each numbered lot and the corresponding acreage:

Numbered Lots
Lot # S.F Acres
1 315,892.10 7.252
2 550,731.85 12.643
3 426,869.17 9.8
4 279,624.41 6.419
5 198,540.25 4.558
6 244,324.99 5.609
7 613,599.82 14.086
8 171,451.45 3.936
9 191,384.23 4.394
10 195,395.18 4.486
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11 724,736.51 16.638
12 754,749.47 17.327
13 574,268.61 13.183
14 53,083.07 1.219
TOTAL 5,294,651.11 121.548
Residen0al lots in the Leal Master Plan range in size from 1 acre to 1,500 square feet. Lots 1, 6, 7, 8, 9, 11, 12 and 13 are designated for residen0al use and meet the size requirements specified in the Master Plan. Lots 2, 3, 4, 5 and 10 are designated for mixed use or Downtown core. No lot size, or lot specifica0ons are specified for the Downtown in the proposed Amendment to the Leal Master Plan. The developable lots meet or exceed the specifica0ons in the Master Plan. The table below shows each numbered lot and the corresponding acreage:

Lettered Lots
Lot # S.F Acres
A 139,937.69 3.213
B 147,811.51 3.393
C 84,478.50 1.939
D 38,267.77 0.879
E 246,244.32 5.653
F 44,673.74 1.026
G 113,590.68 2.608
H 115,905.65 2.661
I 67,321.01 1.545
J 89,220.27 2.048
K 68,998.58 1.584
L 153,611.43 3.526
M 44,835.28 1.029
N 31,408.46 0.721
O 32,546.77 0.747
P 84,078.57 1.93
Q 46,663.19 1.071
R 42,155.07 0.968
S 21,801.21 0.50
TOTAL 1,613,549.70

37.042
The en0re site will be developed in three phases. A copy of the phasing map is included with this report as Attachment F. The Tentative Map is included with this report as Attachment G.

All exis0ng streets that will be improved meet with the requirements of the General Plan. All proposed streets will meet the requirements of the General Plan. Hamner and Limonite Avenues will be dedicated, widened and fully improved. Scholar and 58th will be dedicated and fully 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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improved. Signals will be installed by the Developer.

The Tenta0ve Map will be condi0oned so that internal roadways within the proposed phase will be constructed to provide adequate ingress/egress to all proposed development . Roadways in the undeveloped portions of the site shall be constructed to provide adequate emergency access.

Findings for Approval of a Tentative Tract Map
Prior to approval of a tentative map, the following findings must be made:
(1)The proposed land division is consistent with applicable general and Master plans The site has a General Plan designa0on of Leal Master Plan. This designa0on permits the proposed land uses in the revised Master Plan.
(2)The design or improvement of the proposed land division is consistent with applicable general and Master Plans
As condi0oned, the proposed subdivision will be designed to meet City standards which provide sa0sfactory pedestrian and vehicular circula0on, including emergency vehicle access and on site improvements, such as streets, u0li0es, and drainage facili0es have been designed and are conditioned to be constructed in conformance with City standards. (3)The site of the proposed land division is physically suitable for the type of development.

The site is generally flat and consists of approximately 158.6 acres. The site is not located within a flood plain and no major geologic hazards have been reported on the site or other limited condi0ons that would render it unsuitable for residential and commercial development. (4)The site of the proposed land division is physically suitable for the proposed density of the development;
The site is rectangular shaped and accessible from major streets. The size, 158.6 acres will accommodate the proposed density of the Project.
(5)The design of the proposed land division or proposed improvements are not likely to cause substan0al environmental damage or substan0ally and avoidably injure fish or wildlife or their habitat.

CSLS biologists conducted an analysis of biological resources and jurisdic0onal waters within the Project Area on June 9, 2021, and focused burrowing owl surveys and narrow endemic plant surveys were conducted on June 16, 23, July 1 and 13, 2021. A Delhi Sands Flower Loving Fly Assessment was performed on June 18, 202. Based on the updated 2021 detailed Biological Surveys, the Project is not an0cipated to have a greater impact than what was originally analyzed in the 2015 EIR and is not likely to cause substantial environmental damage or injure fish or wildlife or their habitat. (6)The design of the proposed land division or the type of improvements are not likely to cause serious public health problems;
The design of the subdivision is in conformance with the City's General Plan, Master Plan, and Subdivision Ordinance, the construc0on of all improvements on the site has been condi0oned to comply with all applicable City of Eastvale ordinances, codes, and standards including, but not limited to, the California Uniform Building Code, the City's Ordinances rela0ng to stormwater runoff management and controls. In addi0on, the design and construc0on of all improvements for the subdivision has been condi0oned to be in conformance with adopted public works standards. The 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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City's ordinances, codes, and standards have been created based on currently accepted standards and prac0ces for the preserva0on of the public health, safety and welfare. Finally, the proposed street system throughout the subdivision will provide emergency vehicular access in the immediate neighborhood.
(7)The design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division.

Easements Nos.6 and 4 will be vacated prior to construc0on of Planning Areas 12 and 8 respec0vely. No other easements of record or easements established by judgment of a court of competent jurisdic0on for public access across the site have been disclosed in a search of the 0tle records for the site and the City does not otherwise have any construc0ve or actual knowledge of any such easements.

Development Plan Review and Findings
A Major Development Plan applica0on establishes the conceptual site plan and development standards for the project in conjunction with the revised Leal Master plan.

Major development review shall be granted only when all of the following findings are made:
a. The proposed project is consistent with the objec0ves of the general plan, and complies with applicable zoning regula0ons, specific plan provisions, special planning area provisions, design guidelines, and improvement standards adopted by the city; The proposed Project is consistent with the General Plan and when developed will be consistent with the Master Plan Amendment site characteris0cs, design guidelines and development standards.
b. The proposed architecture, site design, and landscape are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and community; The proposed architecture, site design, and landscape are suitable for the purposes of the mixeduse, downtown, lifestyle center contemplated for the site in the General Plan Master Plan and will enhance the character of the neighborhood and community with novel architecture and a medley of housing options;
c. The architecture, including the character, scale and quality of the design, rela0onship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior ligh0ng and signing and similar elements, establishes a clear design concept and is compa0ble with the character of buildings on adjoining and nearby properties; The proposed land uses in the Master plan are harmonious with the exis0ng land uses along 58th Street and Hamner Avenue. As condi0oned, the color pallet and materials in the Master Plan will establish a clear, unparalleled design concept to Eastvale. There are six dis0nct residen0al product types that will create unique neighborhood environments and add to the variety of housing op0ons in Eastvale. As condi0oned, the site characteris0cs and development standards in the amended Master Plan will complement tradi0onal architectural styles and introduce novel design features that will create an array of housing options in Eastvale. d. The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transporta0on modes of circulation;
The Tenta0ve Tract Map and circula0on plan show that the Project will not create conflicts with 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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vehicles, people who walk and bike or use other transportation modes. e. For residen0al subdivisions, the subdivision is well-integrated with the city's street network, creates unique neighborhood environments, reflects tradi0onal architectural styles, and establishes a pedestrian-friendly environment; and
The Tenta0ve Tract Map u0lizes the City's exis0ng street network for entrance and exit to and from the Project site and as such is well integrated with the City's street network. There are six dis0nct residen0al product types that will create unique neighborhood environments and add to the variety of housing op0ons in Eastvale. As condi0oned, the site characteris0cs and development standards in the amended Master Plan will complement tradi0onal architectural styles and introduce novel design features that will create an array of housing op0ons in Eastvale. The network of linear parks, pathways and open space in the Master Plan are integrated and friendly to people who wish to walk.
f. If the project is located within the Chino Airport influence area, the proposed project is consistent with the most recently adopted version of the airport land use compatibility plan.

The project is not located within the China Airport influence area and no consistency analysis is required.

Public Meetings
Information about Downtown Eastvale was available to the public on:

March 20, 2022 at a joint Planning Commission/City Council workshop; April 6, 2022 at a Town Hall community meeting at Vantage Point church; and April 23, 2022 at a Town Hall community meeting at Eastvale City Hall.

During the joint workshop, both City staff and the developer made presenta0ons which are included as aGachments to this report as AGachments I and J. Members of the City Council the Planning Commission, and the public asked ques0ons about the project and received responses. The Town Hall community mee0ngs were dedicated to an in depth 1:1 ques0on and answer format on 7 key areas of the plan: 1) rooDop gardens; 2) city library, 3) park ameni0es; 4) en0tlement history of the project; 5) missing retail opportuni0es in Eastvale; 6) safer streets and 7) architectural design for residential property.

Community Outreach
In addi0on to the public mee0ngs, the developer presented the project at the Eastvale Chamber of Commerce Business and Breakfast on April 7, 2022, the Lodge Home Owners Association on April 13, 2022 and the Eastvale Kiwanis on May 2, 2022. Property owners and business owners asked ques0ons about the development and received answers. Downtown Eastvale has the full support of the Eastvale Chamber of Commerce.

Social Media
The developer launched a dedicated website for the project at www.downtowneastvale.com The website has links that provide a summary of the project, informa0on about the developer, a 0meline and an opportunity to leave feedback. The website also has a link to public informa0on documents en0tled “What we heard from the community” and “Frequently asked ques0ons”.

These documents provide responses to ques0ons asked on social media, during the public mee0ngs 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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and or community outreach mee0ngs. Informa0on about Downtown Eastvale was also available on Facebook and Instagram.

School District
The project falls within the Corona Norco Unified School District. The City and the Developer met with the Facilities District staff on March December 2, 20021, March 22, 2022 and May 2, 2022.

Findings
All required findings for Project have been made in a posi0ve manner. The Resolu0ons and Ordinances with the required findings and Condi0ons of Approval are included with this report as Attachments K-O.

Environmental
Addendum to the Previously Certified Program Environmental Impact Report (PEIR) The previously cer0fied PEIR concluded that impacts from the original project would result in significant unavoidable impacts in Transporta0on / Traffic, Air Quality and Noise. The City Council determined that the benefits of the project outweighed the significant unavoidable impacts and adopted a Statement of Overriding Considera0ons. An Addendum to the Cer0fied PEIR for the Leal Master Plan (State Clearinghouse No. 2015031028) for up to 2,500 residen0al units and 595,000 square feet of commercial space including a hotel, a civic center (City Hall, Library, Police Sta0on) and Fire Station, (the “Project”).

The purpose of the Addendum is to analyze any poten0al differences between impacts iden0fied in the cer0fied Final PEIR and poten0al impacts that may be associated with the proposed Project.

Sec0ons 21166 and 15162 of the California Environmental Quality Act (CEQA) iden0fy the condi0ons for prepara0on of an addi0onal environmental document when the Lead Agency has previously certified an EIR.

The Addendum to the PEIR consists of an environmental analysis and eleven technical studies: Air Quality/GHG/Energy Impact Study; Biological Assessment; Cultural and Paleontological Resources Assessment; Preliminary Geotechnical Evalua0on; Environmental Site Assessment (Phase I and Limited Phase II); Preliminary Hydrology Analysis; Preliminary Water Quality Management Plan; Noise Impact Study; Traffic Study; Sewer System Development Analysis; and a Water Supply Assessment.

The Addendum and technical studies were reviewed by the Community Development Director. A peer review of the technical studies and the Addendum was performed by the City's planning consultant, Michael Baker Interna0onal. The traffic analysis peer review was performed by the City Engineer and the City's traffic consultant, Fehr and Peers.

Requirements to adopt an Addendum
According to CEQA, an Addendum to a previously certified EIR may be prepared if:

1. No substan0al changes are proposed in the Project which will require major revisions of a previous EIR due to an involvement of new significant environmental effects, or a substan0al increase in the severity of previously iden0fied significant effects. Table 7 in the Addendum compares the original project analyzed under the cer0fied PEIR with the revised Project in the Leal Master Plan Amendment. The table shows that construc0on and opera0ons for the revised Project 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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have similar or less impacts than what was contemplated in the original PEIR and as such, no new or increased significant impacts will occur.

2. No substan0al changes will occur with respect to the circumstances under which the Project is undertaken which will require major revisions of the previous EIR. There have been no changes to the project boundary or size. Given that construc0on and opera0ons for the revised Project have similar or less impacts than what was contemplated in the original PEIR, no substan0al changes have occurred in the circumstances for the proposed Project that require revisions to the previous PEIR.

3. No new informa0on of substan0al importance, which was not known and could not have been known with the exercise of reasonable diligence at the 0me the previous EIR was cer0fied has been identified. The Addendum, technical studies have not iden0fied any new informa0on of substan0al importance, which was known or could have been known with the exercise of reasonable diligence at the time the previous PEIR was certified.

4. The Project will have not have any significant effects that are not discussed in the previous EIR, and there are no newly feasible, or considerably different, mi0ga0on measures or alterna0ves which would substan0ally reduce one or more significant effects of the Project which the applicant declines to adopt. All significant impacts were iden0fied in the original PEIR. Poten0al impacts associated with the proposed Project are iden0fied in the Mi0ga0on Monitoring and Repor0ng Program. The Project will not result in new mi0ga0on measures. All Mi0ga0on Measures are included in the Resolution and Conditions of Approval and the applicant agrees to comply.

The Addendum and technical studies contain analysis to support theses findings.

Pursuant to Sec0on 15162 of the CEQA Guidelines, it is the independent judgement of the Lead Agency that the Project will not result in any new or more significant impacts to the environment other than those which have already been assessed under the cer0fied PEIR and no further environmental review is required.

Addendum to the PEIR for the Leal Master Plan has been prepared for the Project in accordance with Sec0ons 15162 and 15164 of the CEQA Guidelines. Pursuant to Sec0on 15162 of the CEQA Guidelines, it is the independent judgement of the Lead Agency that the Project will not result in any new or more significant impacts to the environment other than those which have already been assessed under the cer0fied PEIR. The Addendum, technical studies and Mi0ga0on Monitoring and Reporting Program are included with this report as Attachments A, B, and C.

Strategic Plan Action - Priority Level: 1 | Target #: 2 | Goal #: 3 As proposed, the project will meet several of the goals outlined in the 2021 Eastvale Strategic Plan:

1. Attract and retain businesses that align with
diverse community needs and provide choices;

2. Create “Destination Eastvale” with high quality and unique businesses;

3. Develop and Construct Civic Center (City Hall,
Library, Police substation, and 3rd Fire Station); and

4. Diversify the housing stock with more options
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Fiscal Impact
Development Impact Fees
The City currently levies three dis0nct capital facility impact fees for Transporta0on, Fire, and General Facili0es to mi0gate the costs of growth upon the City’s infrastructure and burden development for its fair share of those costs ("Development Impact Fees”). The City levies all capital facility fees at the issuance of a building permit. The Developer requested that the City fix the Development Impact Fees applicable to the residen0al development (including the residen0al por0ons of Mixed Use areas) within the Project for the Term to establish certainty regarding the development economics. The Agreement does not fix the Development Impact Fees applicable to non-residen0al development within the Project. The Development Agreement establishes the following terms with respect to the Development Impact Fees:

The City fixes the Development Impact Fees at the current scheduled rates for the Term.

The City may not increase the current scheduled Development Impact Fees for the Term.

The City may not levy any new Development Impact Fees against the Project for the Term.

In exchange for the Public Benefits subsequently described, the Development Agreement credits the Developer for all City Development Impact Fees for the residen0al units within the Project (commercial uses remain subject to the City’s then applicable Development Impact Fees). The current value of this credit is $4,862,980 assuming 1,840 single-family units and 660 mul0-family units (which is subject to change).

The Developer shall pay all lawfully imposed fees directly levied by governmental en00es other than the City. For example, the Developer shall pay the Transporta0on Uniform Mi0ga0on Fee (TUMF), the Mul0ple Species Habitat Conserva0on Plan Fee, and the Mira Loma Road and Bridge Benefit Assessment District Fee. The Developer may seek credit or reimbursement for eligible costs incurred under these programs and the City will cooperate in that endeavor.

The City adopted its current schedule of Development Impact Fees in 2012 without adjustment over the last 10 years. Under recently adopted legisla0on (AB 602), the City must update the schedule of Development Impact Fees at least once every 8 years. ADer comple0on of required capital facility plans and nexus repor0ng, the recommended fees may be substan0ally higher to reflect land and construc0on cost infla0on and expanded facility requirements. The Developer mi0gates this uncertainty related to the levy of future impact fees with this Development Agreement. This en0tlement produces a significant amount of the value considera0on realized by the Developer under the Development Agreement.

Parkland Dedication and Improvements
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The Development Agreement fulfills a key goal of the City to assume responsibility for determining park and recrea0on needs and facility requirements. The Development Agreement establishes special parkland dedica0on and improvement obliga0ons for the Project in accordance with Government Code Sec0on 66477 (the “Quimby Act”), City Land and Development Code Sec0on 130.20.020, and Government Code Sec0on 66000et seq. The Development Agreement establishes the Project’s parkland dedica0on requirements, determines the eligibility for on-site facility credits, grants addi0onal credits for specific civic dedica0ons, and establishes in-lieu fees for land acquisi0on and park improvements.

The Development Agreement and the Exis0ng Development Approvals establish the Quimby Act dedica0on requirement at 3.5 acres for each 1,000 projected residents within the Project (the Leal Master Plan established a standard of 5 acres for 1,000 projected residents). The City computed this factor based upon the ra0o of exis0ng parkland within the City rela0ve to the current popula0on.

The Quimby Act established this methodology to prevent ci0es from requiring excessive parkland dedica0ons from developers to correct exis0ng parkland deficiencies. The City could set a higher standard under the Quimby Act (up to five acres per 1,000 residents) but then it must develop a realis0c implementa0on plan to achieve the higher ra0o by iden0fying land and securing financing for acquisi0on and construc0on. This could create a substan0al financial burden for the City since the City is currently 100+ acres short of the 5-acre standard and at $1 million per acre for land and improvements the cost of resolving the exis0ng deficiency approximates $100 million. Furthermore, the City may have difficulty identifying suitable sites totaling 100 acres.

Based upon the ini0al development plan, the Project owes a maximum total of 31.33 acres of parkland by applica0on of the 3.5-acre standard and the popula0on factors of 3.9 PPH for single family units and 2.69 PPH for mul0-family units. The household popula0on factors derive from the City’s 2012 Nexus Study performed by NBS. Sec0on 130.20.020 (h)(2) sets a much lower standard in the absence of an approved community park and recrea0on plan. JCSD currently uses 2.90 persons per household for all dwelling unit types in its Quimby methodology. The Quimby Act authorizes the use of the average household size based upon the most recent federal census (2020, results not yet available). For comparison, the Department of Finance reports the January 1, 2021, average household size for Eastvale as 4.05. The Development Agreement provides the City with la0tude to establish reasonable household population factors based upon available data.

The Leal Master Plan Amendment No. 1 proposes a total of 14.12 acres of on-site park, trail, open space, and recrea0on facili0es, with 9.01 acres available for public use (6.96 acres maintained by the HOA and 2.05 acres by the City) and 5.110 acres restricted to the residents of the Project. The Development Agreement grants credit for private recrea0onal facili0es at a 50% rate, consequently the on-site eligible parkland dedica0on is ini0ally 11.57 acres. In addi0on, the Development Agreement grants parkland dedica0on credit for the Op0on Property consis0ng of Lot 5 (4.56 acres). The total land credits are therefore 16.13 acres.

ADer applica0on of the credits for land dedica0ons, the Project owes an addi0onal 15.20 acres of 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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land dedica0on to be sa0sfied by payment of in-lieu fees, acquisi0on and/or improvement of off-site parks, or provision of additional on-site park land or improvements acceptable to City.

Predicated upon a similar methodology in accordance with the Mi0ga0on Fee Act (AB 1600), the Project ini0ally owes a total of 31.33 acres of improved parkland. The Development Agreement grants credit against improvement obliga0ons for the inclusion of Lot 5 (4.56 acres) in the Op0on Property (or by separate conveyance), leaving a residual obliga0on of 26.77 acres. The Development Agreement applies an improvement standard of $500,000 per acre, resul0ng in financial obligations for park improvements of $13,385,950.

The Developer shall receive credits for the value of City approved on-site improvements (with a 50% credit for private improvements), with any residual obliga0ons sa0sfied off-site by separate agreement or by payment of an in-lieu fee to the City.

Sec0on 4.1.6.1.2 of the Development Agreement establishes the procedure for approving credits against the park improvement obliga0ons. At Major Development Review for each phase, the Developer shall submit a conceptual park improvement plan and a cost es0mate prepared by a reputable landscape contractor. The City will review and approve, condi0onally approve, or disapprove the cost es0mates. Upon approval, the City will grant dollar credit against the total improvement obliga0on for each phase. Under this approach, the City shall not provide direct reimbursements to the Developer for any park improvements.

At Major Development Review for each Phase, the City and Developer would reconcile the amounts required for both parkland and improvements, apply any credits authorized by the Development Agreement, and determine the payments (if any) due for that Phase. If the credits exceed the required dedica0ons or improvements, then the balance carries forward to the subsequent phase.

If the required dedica0ons or improvements exceed the credits, the Developer shall make an in-lieu payment to the City for land dedica0on and/or improvements based upon $500,000 per acre for each. The City will deposit any in-lieu fees in restricted development impact fee account(s) for parkland acquisition and or improvements.

Exhibit E to the Development Agreement describes the methodology for this reconcilia0on on a phase-by-phase basis.

Public Benefits
The Development Agreement conveys significant value to the Developer and to the City. The Development Agreement among other things, vests the land use en0tlements for the Term, fixes the Development Impact Fees at current rates for the Term, and provides flexibility to sa0sfy the parkland dedica0on requirements (for example, allowing for an off-site solu0on). In exchange, the Development Agreement provides the following consideration to the City:
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1. Downtown Planning Grant. The City and Developer must undertake detailed planning for the mixed-use areas within the Project. The Developer will plan Lots 2/4/10 (the “Mixed Use Area Plan” in the Development Agreement) and the City will plan Lots 3/5/J (the “Civic Center/Commercial Core Plan”). Both par0es will undertake a concurrent planning process to coordinate planning for these adjacent areas to ensure op0mal synergies. The Development Agreement requires the Developer to contribute $250,000 to the City’s planning program within one month following Project Approval (i.e., upon non-appealable entitlements).

The City must then engage a land planning/urban design team to commence the planning program.

The Developer likewise will engage its own design professionals and the par0es agree to communicate and cooperate during the concurrent processes. This process may require up to 12 months to complete, providing for public par0cipa0on and the normal and customary planning processes.

2. Fire Sta0on Site: The Developer conveys an improved site with adequate ingress and egress (all backbone infrastructure and blue tops) for a 1.2-acre+- fire sta0on at the northeast corner of Scholar Way and 58
th Street by the first Cer0ficate of Occupancy in Phase 2 of the Project.

The City assumes responsibility in coordina0on with its contract service provider to finance the construc0on and opera0on of the fire sta0on. The Developer has no responsibility for the ver0cal construc0on of the fire sta0on. The Development Agreement does not obligate the City to construct or operate the fire station.

3. Op0on Property for Civic Center, Park, and/or Economic Development: Subject to condi0ons precedent described below, the Developer grants the City a 20-year op0on to purchase Lot 3 within Tenta0ve Tract Map 38290 (9.8 acres) for economic development purposes. The par0es may also amend the Op0on to include Lot J (2.048 acres) and Lot 5 (4.558 acres). The City may acquire any por0on of these lots for development of its Civic Center (City Hall/Police/Library) and any park or open space. The City will establish the precise loca0on of these civic uses during the Downtown Planning Program (or sooner). The Developer will convey the sites fee simple to the City or to the City’s assignee. The City may also receive Lot J and Lot 5 by direct conveyance.

The Developer shall install all backbone infrastructure (streets/curbs/guGers/ligh0ng/landscaping, wet and dry u0li0es stubbed to the property line), and blue tops (i.e., rough grading) for Lots 3, 5 and J by the first building permit in Phase I. Developer shall maintain these lots un0l assignment by the City to third par0es, acquisi0on by the City under the Op0on, or conveyance to the City via conventional dedications.
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The City appraised the current fair market value of the 16.41-acres (Lots 3/5/J) at $17,449,000 with a date of value of February 10, 2022; however, the purchase price is Zero Dollars ($0.00). The City receives this value in exchange for the valuable considera0on granted by the City to the Developer under the Development Agreement.

ADer acquiring the civic parcels, the City retains an op0on on the remainder for economic development purposes. The Master Plan calls for approximately 495,000 square feet of commercial development to supplement the approximately 100,000 square feet of civic uses. The Exis0ng Development Approvals plot approximately 397,000 square feet of the commercial square footage on the Commercial Core proper0es for development by the City, with approximately 103,000 square ploGed for the Mixed-Use Areas for development by Developer. ADer comple0ng the Downtown Plan and selec0ng the Civic Center Site, the City will market the residual property to the development community for development in accordance with the Downtown Plan. The Development Agreement provides the City with the op0on to assign its purchase rights under the Op0on to a third party for development. The City will receive compensa0on upon assignment in accordance with the agreements for such conveyances.

The value of land included in the Op0on, par0cularly the Commercial Core proper0es will vary depending upon market condi0ons and the character of development desired by the City. The current appraisals valued the land at the highest and best use in accordance with the proposed zoning for the property. If the City seeks higher quality uses/tenancies or imposes development condi0ons that increase costs without a commensurate increase in rents or sales values, then the value of the land in a resale transac0on may be less than the acquisi0on value. The City accepts this risk to control the des0ny of this key commercial node and avoid development outcomes predicated solely upon the highest value achievable regardless of desirability. The City seeks a unique, pioneering form of development for the Inland Empire.

The City realizes other intangible benefits with the establishment of its Civic Center, future development of an urban community center or downtown, and sa0sfac0on of its obliga0ons to provide a mix of housing opportunities pursuant to the Regional Housing Needs Asessment.

Park Maintenance
The Master Homeowner’s Associa0on will maintain all required on-site parkland, except for Lot J.

ADer ini0al construc0on by the Developer, the HOA will own and maintain the park proper0es in accordance with the Covenants, Condi0ons, and Restric0ons, which are subject to review and approval by the City. The parks must remain available for use by the public in accordance with rules and regula0ons encompassed within the CC & R’s any subsequent opera0ng agreements between the City and the HOA.
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The City agrees to maintain Lot J as part of the Civic Center Project. ADer comple0on of the Civic Center/Commercial Plan, the City may relocate or reconsider this park within the acreage controlled by the City. The annual maintenance cost is dependent upon the area of the park and the scope of improvements constructed. Because of the unknown character of this park scope, the Fiscal Impact Report did not factor maintenance costs absorbed by the City into the analysis. If the Developer does not provide all required parkland on-site, and instead acquires land or pays fees for off-site parkland acquisition, the City may have park maintenance responsibilities.

The private recrea0on facili0es proposed for Lots K and L may include a pool, clubhouse, and other communal facili0es for the residents of the Project. The HOA shall exclusively bear the maintenance costs for these improvements via homeowner associa0on assessments. The Developer proposes to construct the private recreation facilities in Phase 3 of the Project.

Operating Fiscal Impacts
The City engaged Kosmont Companies to prepare a Fiscal Impact Report (FIR) determining the net fiscal impact of the Project upon the City’s General Fund. The Project as a whole has a net posi0ve annual impact to the City of approximately $1,213,700.

The City Council and the Ad Hoc CommiGee recommended that the residen0al development pay all public service costs imposed upon the City, thereby allowing any new commercial development to produce surplus revenues to the general fund. The FIR projects revenues based upon a per capita mul0plier or case study methodology as appropriate. The FIR forecasts public service costs by projec0ng the current service standard and cost for all General Fund services using a per capita mul0plier (current cost divided by service popula0on, including residents and employees). This FIR dated May 11, 2022 is included as Attachment P to this report.

The Development Agreement requires the Developer to annex the residen0al tracts into a Community Facili0es District for levying a maximum annual services special tax of $160 per unit, adjusted annually at a maximum rate of two percent. The CFD Services Special Tax will produce revenues to the City of approximately $400,000 per year balancing the residen0al revenues with the forecasted public service costs for residential uses.

The Total Project is an0cipated to produce an approximately $1,213,700 per year posi0ve fiscal impact to the City General Fund at build out. This is based on a variety of factors, including increase property tax, sales tax, poten0al transient occupancy tax and a special services tax through a CFD.

Sales tax from on-site commercial uses and the transient occupancy tax from the an0cipated hotel makes the largest contribution to the positive fiscal performance.

The fiscal impact report makes numerous assumptions regarding future City revenues and expenses. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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If the assump0ons significantly change, the Project returns may be more or less than projected. Tax structures may change, the Project may not develop exactly as proposed due to market condi0ons, or public service demands may increase or decrease. The City is also responsible for most of the commercial development within the Project, and market condi0ons may change causing adjustments to the mix of land uses.

The City funds fire services from a special property tax equal to 6.4% of the 1% levy. The Fiscal Impact Report es0mates build out property tax revenue at approximately $1 million. The Fiscal Impact Report es0mates the cost to provide service to the resident equivalent popula0on of 9,600 from the Project at $880,000 based upon the current citywide service standard. Consequently, the Fiscal Impact Report concludes that the Project pays its fair share toward the City’s cost of providing fire services. However, the Fiscal Impact Report also notes that the cost of opera0ng the new fire sta0on could be approximately $2.5 million annually, and this would require funding from nonProject sources. The new sta0on would improve citywide services levels, correc0ng exis0ng service deficiencies, and serve a population base larger than the Project.

Capital Costs
The City will condi0on the Project to construct public improvements in accordance with the Exis0ng Development Approvals and the Exis0ng Land Use Regula0ons, including streets, traffic signals, storm drains, and related public improvements. The Project will install water and sewer infrastructure under the auspices of the Jurupa Community Services District, and other dry u0li0es as required by the service providers. The Developer es0mated the total value of master improvements and in-tract improvements at $141 million for the Project, a por0on of which the City will recognize in its fixed assets upon comple0on and acceptance. The City is not providing any subsidy to the Project for any of the on or off-site improvements.

The Developer may receive credits against development impact fees levied by other agencies for a por0on of the off-site improvement costs, most notably for traffic improvements on Hamner Avenue and Limonite Avenue. If the City condi0ons the Developer to install oversized infrastructure that benefits other property owners, the City agrees to cooperate in the execu0on of a reimbursement agreement that obligates future beneficiaries of the oversized improvements to reimburse the original installer.

The commercial elements of the Project remain subject to the City’s then applicable Development Impact Fees. Based upon the current fee schedule and assump0ons regarding the character of commercial development, the commercial por0ons of the Project would contribute approximately $650,000 in Development Impact Fees for Transporta0on, Fire and Civic purposes. This amount will change if the City Council modifies the Development Impact Fees in the future, as the Development Agreement does not vest the rate for these fees for commercial development.

Because the Developer will be dedica0ng land to the City in exchange for Development Impact Fee credits, the City may need to supplement its development impact fee funds with other funding sources to finance the construc0on of improvements included within the City’s development impact 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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fee program. The City may use the proceeds from future land sales/assignments of Lots 3/5/J to supplement its development impact fees.

Development Agreement Benefits/Costs
The Development Agreement is a voluntary contract between the municipality and the Developer, which should confer economic benefits to each party. The City mi0gates development risk for the Developer in the form of land use en0tlement protec0on, by limi0ng the applicability of subsequent rule changes and fee increases. For these valuable benefits, the City collects a Development Agreement fee, typically in the form of cash payments, higher impact fees, extraordinary public improvements, or land exchanges. In addi0on, the Development Agreement ensures development of the Project, which creates regional economic benefits, including new construc0on and commercial employment opportunities.

The land and other benefits provided to the City is approximately $19 million dollars. The development impact fees and park fees are roughly $10.5 million. As a result, the surplus value to the City is $8.5 million. The value of land received by the City exceeds the value of credits received by the Developer. The City will be paying zero dollars for the land. The value of land and other considera0on received by the City exceeds the value of credits realized by the Developer. This surplus value represents a premium paid by the Developer in exchange for the mi0ga0on of risk related to land use en0tlements, future development impact fee increases, the flexible requirements for parkland dedica0on and improvement, and the release of commercial phasing restrictions from the original Leal Master Plan.

The City has not updated its development impact fees in 10 years and the scope and cost of public facili0es financed by these fees have increased significantly, warran0ng a sizable increase in the development impact fees associated therewith. To increase the development impact fees, the City must engage a financial consultant, update its capital facility plans, prepare a nexus study, conduct public hearings, and adopt increased and/or new fees. Ci0es typically consider compe00ve market condi0ons before seXng fees and, especially aDer such a long adjustment lag, phase in the fees in to minimize the shock to the development community.

Kosmont Companies prepared a Summary Report for public review which summarizes the principal terms of the Development Agreement, the responsibili0es of the par0es, and the results of the Fiscal Impact Report. The Summary Report is included as Attachment Q to this report.

Prior City Council/Commission Action
The Leal Master Plan and Environmental Impact Report were approved by the City Council in 2017.

A Joint Workshop of the Planning Commission and the City Council was held on March 16, 2022 for the proposed Project.
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Planning Commission Review and Recommendation
The Eastvale Municipal Code requires the Planning Commission to review an applica0on for a Development Agreement at public hearing. The Planning Commission shall determine whether the proposal is consistent with the General Plan and any applicable specific plan.

On April 25, 2022, the Planning Commission conducted a public hearing and considered the Development Agreement along with the various land use en0tlements for the Project. The Planning Commission adopted Resolu0on No. PLN21-20039 recommending that the City Council approve the Project.

Attachment(s)
Attachment A - Addendum
Attachment B - Leal Addendum Appendices Combined.pdf
Attachment C - Leal Comprehensive MMRP
Attachment D - LEAL MASTER PLAN AMENDMENT #1
Attachment E-1 - Land Use Plan
Attachment E-2 - Open Space/Parks
Attachment F - Phasing/Implementation
Attachment G - TTM 38290
Attachment H - Development Agreement CC Final.pdf
Attachment H-1 - Development Agreement Exhibit D.pdf
Attachment H-2 - Development Agreement Exhibit E .pdf
Attachment I - City Joint PC CC Presentation.pptx
Attachment J - Developer Joint PC & CC Presentation
Attachment J-1 - Leal Boards WKSHP .pdf
Attachment K - Resolution Approving Addendum
Attachment L - Draft CC Reso (MDR) - Leal.docx
Attachment L1 - CC COA MDR.pdf
Attachment M - Resolution Approving TTM
Attachment M-1 CC COA TTM.pdf
Attachment N - Ordinance Approving DA
Attachment O - LMP Amendment Ordinance
Attachment P - Leal Ranch Fiscal Report April 2022.pdf
Attachment Q - Leal Ranch Summary Report of DA May 4 2022.pdf 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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DRAFT Addendum to the Environmental Impact Report
For the Leal Master Plan
(State Clearinghouse No. 2015031028)
Addendum No. 1
Prepared for:

City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
Prepared by:

Carlson Strategic Land Solutions
27134A Paseo Espada, Suite 323
San Juan Capistrano, California 92675

April 2022
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Leal Master Plan EIR Addendum No. 1

TABLE OF CONTENTS
Section 1.0 Introduction ....................................................................................1

1.1 Background ................................................................................................................... 1

1.2 Location and Surrounding Land Uses...................................................................... 2

1.3 Modified Project Site Existing Conditions ................................................................ 2

1.4 Proposed Modifications.............................................................................................. 5

1.5 Prior Environmental Documentation....................................................................... 15

1.6 Basis for an Addendum.............................................................................................. 16

1.7 Mitigation Measures ................................................................................................... 19

1.8 Summary of Findings.................................................................................................. 28

1.9 Cumulative Impacts .................................................................................................... 29 Section 2.0 Environmental Checklist.............................................................30

2.1 Aesthetics ..................................................................................................................... 30

2.2 Agriculture and Forestry Resources......................................................................... 34

2.3 Air Quality..................................................................................................................... 37

2.4 Biological Resources .................................................................................................. 47

2.5 Cultural Resources ...................................................................................................... 55

2.6 Energy ........................................................................................................................... 59

2.7 Geology and Soils....................................................................................................... 61

2.8 Greenhouse Gas Emissions....................................................................................... 68

2.9 Hazards and Hazardous Materials............................................................................ 70

2.10 Hydrology and Water Quality ................................................................................... 78

2.11 Land Use and Planning .............................................................................................. 84

2.12 Mineral Resources....................................................................................................... 88

2.13 Noise ............................................................................................................................. 90

2.14 Population and Housing.......................................................................................... 101

2.15 Public Services ........................................................................................................... 103

2.16 Recreation .................................................................................................................. 106

2.17 Transportation/Traffic............................................................................................... 108

2.18 Tribal Cultural Resources......................................................................................... 115

2.19 Utilities and Service Systems................................................................................... 119

2.20 Wildfire........................................................................................................................ 124

2.21 Mandatory Findings of Significance ...................................................................... 127 Section 3.0 Sources ........................................................................................129 47024
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Leal Master Plan EIR Addendum No. 1
TABLES
Table 1. Original Leal Master Plan Permitted Development Range................................... 5 Table 2. Buildout Assumptions for the Original Project ....................................................... 5 Table 3. Buildout Assumptions for the Modified Project...................................................... 6 Table 4. Development Comparison between Original Project and Modified Project.... 6 Table 5. Summary of Land Use Acreages................................................................................ 7 Table 6. Modified Project Earthwork Summary...................................................................... 8 Table 7. Impact Comparison Between Original Project and Modified Project ..............17 Table 8. Mitigation Monitoring and Reporting Checklist ...................................................19 Table 9. Regional Construction Emissions14.........................................................................41 Table 10. Regional Operational Emissions16.........................................................................42 Table 11. Localized Construction Emissions.........................................................................43 Table 12. Vegetation Communities Observed.....................................................................48 Table 13. Existing Storm Drain Design Flow Rate................................................................79 Table 14. Buildout Assumptions for the Original Project...................................................85 Table 15. Buildout Assumptions for the Modified Project ................................................86 Table 16. Land Use Comparison Table .................................................................................86 Table 17. Roadway Noise Impact Analysis (dBA CNEL)1 Existing Year Conditions .......93 Table 18. Project Construction Noise Levels ........................................................................97 Table 19. Construction Vibration Impact Analysis ...............................................................98 Table 20. Modified Project Net Trip Generation Compared to Leal Specific Plan TIA109 Table 21. Comparison of VMT from the Modified Project to the Original Project ......111 Table 22. Project Water Demand .........................................................................................121

FIGURES
Figure 1: Aerial View of Project Site and Surrounding Land Uses .......................................3 Figure 2: Assessor’s Parcel Map.................................................................................................4 Figure 3: TTM 38290....................................................................................................................9 Figure 4: Cut and Fill Map.........................................................................................................10 Figure 5: Airport Land Use Plan Map......................................................................................75

APPENDICES
Appendix A: Leal Master Plan Amendment
Appendix B: Leal Master Plan Amendment Project Air Quality, Greenhouse Gas and Energy Impact Study
Appendix C: Biological Assessment of the Leal Property
Appendix D: Cultural and Paleontological Resources Assessment Appendix E: Preliminary Geotechnical Evaluation
Appendix F: Environmental Site Assessment
Appendix F.1 Phase I Environmental Site Assessment
Appendix F.2 Limited Phase II Subsurface Investigation Report Appendix G: Preliminary Hydrology Analysis for Leal Ranch 47125
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Leal Master Plan EIR Addendum No. 1
Appendix H: Preliminary Water Quality Management Plan (PWQMP) for Tentative Map No. 38290
Appendix I: Leal Master Plan Amendment Noise Impact Study Appendix J: Leal Master Plan Amendment Project Traffic Study Appendix K: Sewer System Development Analysis
Appendix L: Water Supply Assessment
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SECTION 1.0 INTRODUCTION

1.1 Background
On December 13, 2017, the City of Eastvale certified an Environmental Impact Report (EIR) (State Clearinghouse No. 2015031028) for the 158.6-acre1 Project site, adopted a Statement of Overriding Considerations for significant but unavoidable impacts, amended the Eastvale General Plan to incorporate the Leal Master Plan (including amending land use policies and the Land Use Map) and voted to adopt the Leal Master Plan and a corresponding change of zone from heavy agriculture (A-2) to Leal Master Plan. On January 10, 2018, the City held second reading and adopted the Leal Master Plan and change of zone to Leal Master Plan. The Leal Master Plan outlined a multistage planning and development process. The first stage included the adoption of the Leal Master Plan, which identified “the project objectives and specific parameters for the design and quality of overall future development of the project site.”2 Stage 2 of the development process was anticipated to focus on “preparing project-wide development criteria and guidelines that are not included in the Master Plan, creating detailed plans for the first phase(s) of development based on the criteria and guidelines included in the Master Plan.”3 The last development phase outlined in the Master Plan consists of the “submittal of specific development projects through the Development Plan Review process established in the Eastvale Zoning Code.”4 The proposed Project is defined in Section 1.4 and is being processed through and consists of an amendment to the Leal Master Plan, Tentative Tract Map (TTM), and Development Plan Review (referred to as the “Modified Project”). The Modified Project represents Stage 2 of the development process outlined in the Leal Master Plan.

The Prior EIR analyzed the Leal Master Plan, which is further described in Tables 1 and 2 below and constitutes the “Original Project.”
Plans for the Modified Project, as well as the Prior EIR, are available for review on the City’s website and in hard copy at:

City of Eastvale City Hall
Contact: Gina Gibson-Williams, Community Development Director 12363 Limonite Avenue, Suite 910
Eastvale, California 91752
Email: [email protected]
1 The Leal Master Plan EIR identifies the size of the project site as 161 acres. Based on detailed engineering, the actual size of the project site is 158.6 acres. 2 Leal Master Plan EIR, December 2017, Project Description Page 2.0-2 3 Leal Master Plan EIR, December 2017, Project Description Page 2.0-2 4 Leal Master Plan EIR, December 2017, Project Description Page 2.0-2 47327
City of Eastvale Page 2
Leal Master Plan EIR Addendum No. 1

1.2 Location and Surrounding Land Uses
The Modified Project site encompasses approximately 158.6 acres of former dairy farm in the northern portion of the City of Eastvale. The Modified Project site is bordered by Limonite Avenue on the south, Scholar Way on the west, 58th Street on the north, and Hamner Avenue on the east. The property is addressed as 12741 and 12745 Limonite Avenue, and 12740 58th Street, Eastvale, California. The assessor’s parcel numbers are 164-030-010, 164-030-012, 164-030-013, 164-030-014, 164-030- 024; 164-030-025. Figure 1 shows the location of the Project site and surrounding land uses. Figure 2 shows the Assessor’s Parcel Map.

The Modified Project site is surrounded by the following uses:

South: Residential on the west and Commercial (Cloverdale Marketplace) on the east West: Residential
North: Residential
East: Residential on the north and Commercial (Eastvale Gateway) on the south

1.3 Modified Project Site Existing Conditions
The Modified Project site is a square shaped approximately 158.6-acre flat property.

The site elevation ranges between approximately 683 feet above mean sea level in the northern portion of the site and approximately 660 feet above mean sea level in the southern portion of the site. The Modified Project site has been used previously as a dairy farm, horse ranch, and orchard.

Currently the site is an inactive former dairy farm. Five residential structures exist on the site, as well as a dairy barn, horse barn, and maintenance/repair structure.

Figure 1 also graphically describes the Project location and existing conditions. 47428
Legend
Approximate Project Boundary
Aerial View of Project Site and
N.T.S. Surrounding Land Uses
N
Source: Google (2021) Figure 1
Limonite Avenue
Hamner Avenue
58th Street
Scholar Way
47529
AV
E
N
U
E
67'
37 481.50
838.50
N89-57-30E
990.68
124.51

59.89 171.70
208.70
1045.12
R.7.W.

R.6.W. N00-02-30W
AV
E
N
U
E
30'
H
A
M
N
E
R
1283.30
1320.30
1319.80
1270.89
1298.83
838.50

51.40 295.56
562

10.97 AC
(#152880 04-25-00)
(#152880 04-25-00)
430 (#152879 04-25-00)

47.01 L=220.11 59'
623.92 123.05
L= 34.69

41.19 LIMONITE 76'
S
U
M
N
E
R

49.25 L=249.63

VALENCIA ST
AVENUE

40.00 AC M/L 33.73 AC

28.20 AC M/L 39.55 AC
265.50
889.90
58TH STREET
163.54

34.59 112.17
52'
7' 50' 119.92
190.46

62.52 117.35 57.69

87.48 40.45 93.61

44.69 66' 129.70
N43-08-17E
L=160.44

64.80 44.27
273.38
N89-54-28E 627.38

33.87 254.94 129.73
160.36
180.69 157.98

63.08 150.27
138.37

35.70 33.43 44.36

83.59 30.10
L=84.05
188.30
PAR 1 PAR 2
PAR 3
PAR 4
PAR 5
PAR 6
PAR 7

1.15 AC

1.32 AC

2.34 AC
N00-05-15W PM 243/054
PM 243/054
( (38 39
(40
(41
(24
(12
(14
(25
(10
(35
(13
(36
(37
164-03
ASSESSOR'S MAP BK164 PG.03
Riverside County, Calif. BDiaz Nov 2017
SEC. 24 T.2S, R.7W

CITY OF EASTVALE
TRA 027-002
134-08
03 Pg 03
Bk 160
Pg 03
Bk 160
Pg 23
Bk 164
Pg 28
Bk 152
Pg 65
Pg
Pg 72
44 Pg 43
Pg
45 Bk 164
Pg 42
Pg 65
Pg
15 Pg
71 Pg 49 Pg Pg 70
22 Bk 160
P Pg 24 g
56 Pg 66
Pg
69 Pg
46 Pg
13 THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCEL MAY NOT COMPLY WITH LOCAL LOT-SPLIT OR BUILDING SITE ORDINANCES. 24 19
25 30
©
1 " = 400 '
Legend
Lot Lines
Right-Of-Way
Old Lot Lines
Reference R.O.W
Other Easements
Lease Area
Subdivision Tic Mark
24 Data
MB 9/33 SB, 11/42
RS 52/30, RS 57/61
Map Reference
MB 350/51 - 61 TRACT MAP NO. 30633
PM 243/54 - 55 PARCEL MAP NO. 37031
Date Old Number New Number
4/22/2004 8 13,ST
4/22/2004 9 14,ST
4/22/2004 11 15,ST
6/25/2004 1 16-17
6/25/2004 2,6,17,020-7 18
6/25/2004 18 19,PGS.42-45
6/25/2004 16 PG.2
11/2/2005 7 20,21
11/2/2005 15 22,23
11/2/2005 20,22 24
11/2/2005 21,23 25
12/28/2005 5 26,ST
4/8/2006 26 27,ST
3/5/2007 3 28,29
3/5/2007 4 30,31
3/5/2007 28,30,020-2 32
3/5/2007 29,31 33
11/1/2011 33 PGS.66,67
11/1/2011 32 PGS.67-69
9/23/2014 27 34,PG.72
9/23/2014 34 PGS. 71,72
10/11/2017 19 35-4 1
N.T.S.

N
Source: City of Eastvale (04/20/2022) Figure 2
Assessor’s Parcel Map
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Leal Master Plan EIR Addendum No. 1

1.4 Proposed Modifications
The proposed changes associated with the Modified Project are summarized herein.

Leal Master Plan Amendment
The Modified Project includes an amendment to the Leal Master Plan, which is included in Appendix A to this Addendum. The Leal Master Plan Amendment includes the following primary changes:
• Development Intensities – The Original Leal Master Plan established the following development intensities.

Table 1. Original Leal Master Plan Permitted Development Range Land Use Type Minimum/Maximum Range
Lifestyle Center 325,000 to 1,300,000 square feet
General Commercial Maximum of 225,000 square feet
Commercial Office Maximum of 920,000 square feet
Hotel Maximum of 450 rooms
Civic Center No minimum/maximum
Medium Density Residential No minimum/maximum
High Density Residential 500 to 660 dwelling units
Other Community Features To be provided as part of the
development of the Project
Source: Leal Master Plan EIR (2017) Table 2.0-2, Page 2.0-4 The Leal Master Plan did not establish a maximum number of dwelling units and no minimum development standards were identified. Therefore, development of the Project site had a wide range of flexibility. Given the wide flexibility, the following land use assumptions were established in the Prior EIR and constitute the Original Project as shown in Table 2.

Table 2. Buildout Assumptions for the Original Project
Land Use
660 multi-family homes (apartments)
1,525,000 square feet of general retail (shopping center) 460,000 square feet of general office
460,000 square feet of medical office
450 hotel rooms
100,000-square-foot civic center
Source: Leal Master Plan EIR (2017) Table 2.0-3, Page 2.0-5 47731
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Leal Master Plan EIR Addendum No. 1
The Modified Project proposes a land use intensity of 2,500 residential dwellings, 595,000 square feet of commercial uses and a fire station. As planned in the Stage 2 sequencing, the Modified Project continues to provide development flexibility to allow for development to occur in accordance with market conditions as part of Stage 3 planning. While no Stage 3 development plans have been prepared, the 2,500 dwelling units and 595,000 square feet of commercial uses have been allocated as shown in the following table for purposes of this Addendum. It is important to note that the following mix of uses is conceptual and may change during the Stage 3 planning processes. Since development of the site could take many years and each planning area requires a separate Stage 3 planning process, development of the Project site could vary from the assumptions provided in the table below. If changes to these assumptions occur in the future, the City is responsible to evaluate those changes and determine if additional environmental review pursuant to CEQA is required. The Modified Project is defined as the buildout assumptions shown in Table

3. Table 3. Buildout Assumptions for the Modified Project Land Use
1,840 medium density residential (400 single family detached and 1,440 single family attached)
660 high density residential (apartment units)
390,000 square feet of general retail (shopping center) 65,000 square feet of general office
65,000 square feet of medical office
75,000 square feet civic center (City Hall, Library, Police) 12,200 square feet fire station
The following table compares the development assumptions between the Original Project and the Modified Project.

Table 4. Development Comparison between Original Project and Modified Project Land Use Original
Project
Modified
Project
Difference
Medium Density Residential 0 1,840 +1,840 units
High Density Residential 660 660 no change
Retail (Shopping Center) 1,525,000 390,000 -1,135,000 sf General Office 460,000 65,000 -395,000 sf
Medical Office 460,000 65,000 -395,000 sf
Hotel 450 0 - 450 rooms
Civic Center 100,000 75,000 - 25,000 sf
Fire Station 0 12,200 + 12,200 sf
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Leal Master Plan EIR Addendum No. 1
• Site Plan – the Leal Master Plan Amendment includes a site plan for the entire site, specifying backbone streets, development areas, and backbone parks and open space.
• Development Standards – the Leal Master Plan Amendment includes development standards, such as setbacks, height limits, etc., to guide future development.
• Design Guidelines – the Leal Master Plan Amendment includes modifications to the design guidelines.

A hotel was included as part of the Original Project and is still being contemplated in the commercial area. A hotel is a permitted land use and consistent with the General Plan designation. Hotels generally have a conversion of approximately 400 square feet per hotel room. Therefore, if a hotel were included in future development plans, the square footage of the other commercial uses would need to be reduced. One scenario contemplated includes the removal of the medical and general office and a 50,000 square foot reduction of the retail space. In such scenario the overall daily traffic volumes would be reduced by 496 trips compared to the Modified Project analyzed in this Addendum. The peak hour trips for AM and PM would also be reduced by 83 trips and 158 trips, respectively.

Tentative Tract Map (TTM) 38290
TTM 38290, included as Figure 3, proposes 14 numbered lots and 19 lettered lots over the 158.6 acre Modified Project Site. The 14 numbered lots total approximately 121.54 acres of development area. The 19 lettered lots total approximately 37.04 acres of open space, parks, and streets. The following table provides a summary of approximate land use acreages.

Table 5. Summary of Land Use Acreages
Land Use Acreage (acres)
Development Area 121.54
Streets 22.92
Parks and Open Space 14.12
Total 158.59
TTM 38290 is considered an “A” level tract map. “A” or “B” level map(s) or condominium plan(s) may be prepared for the specific development of each numbered lot. The “B” level mapping would represent Phase 3 of the multistage planning/development process.
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Leal Master Plan EIR Addendum No. 1
TTM 38290 includes a rough grading plan. An earthwork cut and fill exhibit is included as Figure 4. The following table summarizes the proposed earthwork for the Modified Project.

Table 6. Modified Project Earthwork Summary
Cut (cubic yards) Fill (cubic yards)
Raw Earthwork Volume 436,161 289,574
Pad Over-Ex (after organics removal) 651,540 651,540
Pad Over-Ex Shrinkage 97,730
Paved Area Over-Ex (after organics removal) 41,981 41,981 Paved Area Over-Ex Shrinkage 6,300
Fill Shrinkage 65,420
Total 1,129,682 1,152,545
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SHEET
TENTATIVE TRACT NO.38290

CUT FILL
TENTATIVE TRACT MAP NO. 38290

COVER SHEET

NUMBERED LOTS
Lot # S.F. Acres
1 315,892.10 7.252
2 550,731.85 12.643
3 426,869.17 9.800
4 279,624.41 6.419
5 198,540.25 4.558
6 244,324.99 5.609
7 613,599.82 14.086
8 171,451.45 3.936
9 191,384.23 4.394
10 195,395.18 4.486
11 724,736.51 16.638
12 754,749.47 17.327
13 574,268.61 13.183
14 53,083.07 1.219
Total 5,294,651.11 121.548

LETTERED LOTS
Lot # S.F. Acres
A 139,937.69 3.213
B 147,811.51 3.393
C 84,478.50 1.939
D 38,267.77 0.879
E 246,244.32 5.653
F 44,673.74 1.026
G 113,590.68 2.608
H 115,905.65 2.661
I 67,321.01 1.545
J 89,220.27 2.048
K 68,998.58 1.584
L 153,611.43 3.526
M 44,835.28 1.029
N 31,408.46 0.721
O 32,546.77 0.747
P 84,078.57 1.930
Q 46,663.19 1.071
R 42,155.07 0.968
S 21,801.21 0.500
Total 1,613,549.70 37.042
N.T.S.

N
Source: Hunsaker & Associates (04/15/2022) Figure 3
Tentative Tract Map 38290
48135
(659) (660)(661) (662) (663) (664)
(665) (666)(667) (668)(669) (670) (671) (672)
(673) (674) (675)
(677) (676) (676)
(676)
(677) (678)
(679) (677)
(661) (662) (663) (664) (665) (666) (667) (668)
(669)
(670)
(675) (673) (677)
(679) (680)
(680)
(679) (679)
(677)
(675)
(682)
(670)
(672)
679 678 677 676 675 674 673 672 671 670 669 668 667 666 665 664 663 662 661 660 659 658 658 667 668 669 670 671672 673 674 675 676
677678 679 680 680 681 682 683
679
678
678
677
678
678
678
678677
677
678
677
679680
681
682
683
683
684
684
684 HAMNER AVE
58TH ST

SCHOLAR WAY
Notes
Leal Ranch
Existing surface is from Inland Aerial flown topo, dated July 29, 2021.

Proposed surface is TTM grading at time of exhibit.

Adjustments for Soils Conditions
Soil adjustments have been calculated based on LGC soils report titled "Preliminary Geotechnical Evaluation Including Near Surface Organic Content for the Proposed Approximately 160-Acre Leal Property, City of Eastvale, California", dated June 21, 2021.

Top Organics Remove and Dispose
149.68 ac CUT FILL
Net Volume 22,863 CYS
Volume
SHORT
TTM vs Flown Topo
Adjustments Made:
1) Top 1 ft of soil, plus deeper areas identified on Fig 2, to be removed and disposed off site.
2) Pad areas to be cut and re-compacted to 5 ft below EG, or 3 ft below FG, whichever is deeper.
3) Paved areas to be cut and re-compacted to 2 ft below EG, or 1 ft below FG, whichever is deeper.
4) Road undercut is 10 inches.
5) 10% to 15% shrinkage on cut. 15% used for numbers below.

Pad Over-Ex 651,540 CYS 651,540 CYS
(after Organics Removal)
Paved Area Over-Ex 41,981 CYS 41,981 CYS
(after Organics Removal)
Pad Over-Ex Shrinkage 97,730 CYS
Paved Area Over-Ex Shrinkage 6,300 CYS
Fill Shrinkage 65,420 CYS
Total 1,129,682 CYS 1,152,545 CYS
Raw Volume 436,161 CYS 289,574 CYS
354,400 CYS
Cut and Fill elevation values shown are after organics have been removed.

Lower site 0.09 ft to achieve theoretical balance.

Organics Removal Export
EXPORT
N.T.S. N
Source: Hunsaker & Associates (11/01/2021) Figure 4
Cut and Fill Map
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Leal Master Plan EIR Addendum No. 1
The net volume results in 22,863 cubic yards (cy) short, requiring import of 22,863 cy.

The Project site also has 354,400 cy of organics from dairy operations that must be removed. In summary the Modified Project requires:
• 22,863 cy of import
• 354,400 cy of export
TTM 38290 specifies proposed street sections for internal and external streets. Street widening will occur on Limonite Avenue and Hamner Avenue. Both streets are designed with three travel lanes, a median, a bicycle lane, and landscaping with a meandering trail. The perimeter street improvements require dedication of right-ofway and easements. No new traffic signals are proposed on surrounding streets.

The Modified Project includes the provision of water quality and detention facilities.

The Project site drains from north to southwest, with a storm drain connection in Limonite near the western boundary of the Project site. The water quality and detention facilities are primarily proposed as underground storage and treatment facilities. The Project site does not have infiltration rates high enough to infiltrate storm water, therefore, the storm flows must be treated and released. During final engineering surface treatment areas, such as bioswales, may be incorporated into the final design.

In addition to the description of the Modified Project above, several standard conditions, regulatory requirements, and commitments made by the Modified Project have been included herein and are referred to as Project Design Features (PDFs). The PDFs for the Modified Project include:

AQ PDF-1 A Construction Management Plan will be prepared that includes the requirements for Air Quality mitigation measures as specified in the Addendum to be submitted to the City of Eastvale for all phases of construction.

AQ PDF-2 The Project commits to following the standard South Coast Air Quality Management District (SCAQMD) rules and requirements with regards to fugitive dust control, which includes, but are not limited to the following:

1. All active construction areas shall be watered two (2) times daily.

2. Speed on unpaved roads shall be reduced to less than 15 mph.

3. Any visible dirt deposition on any public roadway shall be swept or washed at the site access points within 30 minutes.

4. Any on-site stockpiles of debris, dirt or other dusty material shall be covered or watered twice daily.
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Leal Master Plan EIR Addendum No. 1

5. All operations on any unpaved surface shall be suspended if winds exceed 15 mph.

6. Access points shall be washed or swept daily.

7. Construction sites shall be sandbagged for erosion control.

8. Apply nontoxic chemical soil stabilizers according to manufacturers’ specifications to all inactive construction areas (previously graded areas inactive for 10 days or more).

9. Cover all trucks hauling dirt, sand, soil, or other loose materials, and maintain at least 2 feet of freeboard space in accordance with the requirements of California Vehicle Code (CVC) section 23114.

10. Pave or gravel construction access roads at least 100 feet onto the site from the main road and use gravel aprons at truck exits.

11. Replace the ground cover of disturbed areas as quickly possible.

12. A fugitive dust control plan should be prepared and submitted to SCAQMD prior to the start of construction.

AQ PDF-3 All construction equipment, to the extent feasible, will have Tier 4 low emission “clean diesel” engines (Original Equipment Manufacturer(OEM) or retrofit) that include diesel oxidation catalysts and diesel particulate filters that meet the latest California Air Resource Board (CARB) best available control technology.

AQ PDF-4 Construction equipment will be maintained in proper tune.

AQ PDF-5 All construction vehicles will be prohibited from excessive idling.

Excessive idling is defined as five (5) minutes or longer.

AQ PDF-6 The Project will minimize the simultaneous operation of multiple construction equipment units, to the maximum extent feasible.

AQ PDF-7 The use of heavy construction equipment and earthmoving activity will be suspended during Air Alerts when the Air Quality Index reaches the “Unhealthy” level.

AQ PDF-8 The Project will establish an electricity supply to the construction site and use electric powered equipment instead of diesel-powered equipment or generators, where feasible.
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Leal Master Plan EIR Addendum No. 1
AQ PDF-9 Staging areas for the construction equipment will be located as distant as possible from adjacent residential homes.

AQ PDF-10 To the extent possible, the Project will use haul trucks with on-road engines instead of off-road engines for on-site hauling.

GEO PDF-1 The Project will implement the recommendations included in the geotechnical report, “Preliminary Geotechnical Evaluation Including Near Surface Organic Content for the Proposed Approximately 160‐Acre “Leal” Property, City of Eastvale, California,” prepared by LGC Geotechnical, Inc. and dated June 21, 2021.

NOI PDF-1 Prior to the issuance of building permits, the Project will demonstrate that building construction will achieve the minimum interior noise standard of 45 dBA CNEL for all residential units located along arterial roadways and/or adjacent to commercial uses, per the California Building Standards Code. The following noise control measures may be required for dwelling units located near adjacent roadways:
• Install sound barriers (masonry walls or walls with earth berms) between residences and noise sources.
• Install double-paned or upgraded sound transmission class (STC) sound rated windows.
• Provide sound insulating exterior walls and roofing systems. • Locate and/or design attic vents to minimize sound propagation into each home.
• Provide forced-air ventilation systems.
• Provide the necessary setbacks for dwelling units fronting along major roadways.

NOI PDF-2 The Project will comply with California Title 24 building insulation requirements for exterior walls, roofs and common separating assemblies (e.g. floor/ceiling assemblies and demising walls).

NOI PDF-3 For proper acoustical performance, all exterior windows, doors, and sliding glass doors will have a positive seal and leaks/cracks must be kept to a minimum.

NOI PDF-4 The final building plans will ensure that heating, ventilation, and air conditioning (HVAC) units are not located within an area of the Project site that would contribute to a noise level exceedance at any adjacent property line, per the City of Eastvale Municipal Code requirements. To meet the City’s noise standards the following measures should be followed:
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Leal Master Plan EIR Addendum No. 1
• All HVAC equipment shall be shielded or enclosed from the line of sight of adjacent residential uses.
• The combined noise level of all units operating simultaneously shall not exceed the City of Eastvale daytime and nighttime exterior standards at the nearest surrounding property lines.

NOI PDF-5 Future residents, property management personnel, and commercial tenants will be required to comply with the City of Eastvale Municipal Code Noise Regulations, Chapter 8.52, which specify that no person shall create loud, unnecessary, or unusual noise that disturbs the peace or quiet of any neighborhood, or that causes discomfort or annoyance to any person of normal sensitiveness.

To help ensure compliance with the City’s Noise Regulations, the following recommendations are provided:
• Deliveries, loading and unloading activities, and trash pick-up hours should be limited to daytime hours only (8 a.m. – 10 p.m.). • Limit engine idling time for all delivery vehicles and moving trucks to 5 minutes or less.

NOI PDF-6 The Project will prepare a construction management plan and obtain a construction work permit from the City of Eastvale prior to starting construction. The construction management plan will ensure all contractors implement construction best management practices to reduce construction noise levels. Examples of best management practices may include the following:
• All construction equipment shall be equipped with muffles and other suitable noise attenuation devices (e.g., engine shields). • Grading and construction contractors shall use quieter equipment as opposed to noisier equipment (such as rubber-tired equipment rather than track equipment), to the maximum extent feasible. • If feasible, electric hook-ups shall be provided to avoid the use of generators. If electric service is determined to be infeasible for the site, only whisper-quiet generators shall be used (i.e., inverter generators capable of providing variable load.
• Use electric air compressors and similar power tools rather than diesel equipment, where feasible.
• Locate staging area, generators and stationary construction equipment as far from the adjacent residential homes as feasible. • Construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 5 minutes.
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Leal Master Plan EIR Addendum No. 1
• Provide notifications and signage in readily visible locations along the perimeter of construction sites that indicate the dates and duration of construction activities, as well as provide a telephone number where neighbors can enquire about the construction process and register complaints to a designated construction noise disturbance coordinator.
• Construction activities shall not take place between the hours of 6:00 p.m. and 6:00 a.m. during the months of June through September and 6:00 p.m. to 7:00 a.m. during the months of October through May.

NOI PDF-7 The Project will not include pile driving or blasting activities during construction. If impact pile driving or blasting is required, a follow-up noise and vibration impact assessment will be conducted prior to start of any activity.

1.5 Prior Environmental Documentation
On December 13, 2017, the City of Eastvale certified an Environmental Impact Report (EIR) (State Clearinghouse No. 2015031028) for the 158.6-acre5 Project site, adopted a Statement of Overriding Considerations for significant but unavoidable impacts, amended the Eastvale General Plan to incorporate the Leal Master Plan (including amending land use policies and the Land Use Map) and voted to adopt the Leal Master Plan and a corresponding change of zone from heavy agriculture (A-2) to Leal Master Plan. On January 10, 2018, the City held a second reading and adopted the Leal Master Plan and change of zone to Leal Master Plan.

The Prior EIR included two Project alternatives, as follows:
• Alternative 1: No Project
Alternative 1 assumed development consistent with the existing General Plan6land use designations, which were Business Park, Medium Density Residential, and High Density Residential.
• Alternative 2: Market Probable Scenario
Alternative 2, Market Probable Scenario, assumes a lower intensity buildout scenario compared to the Original Project. The Market Probable Scenario assumes the same 5 The Leal Master Plan EIR identifies the size of the project site as 161 acres. Based on detailed engineering, the actual size of the project site is 158.6 acres. 6 This is a reference from the Prior EIR to the existing General Plan prior to the adoption of the General Plan Amendment which changed the land use designation on the Project site to Leal Property Policy Area.
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Leal Master Plan EIR Addendum No. 1
types of land uses as the Original Project, but with the non-residential uses developed at a lower intensity.

The Leal Master Plan EIR determined the Original Project would cause six (6) significant and unavoidable impacts within the following three (3) topic areas:
• Transportation / Traffic
• Air Quality
• Noise
The City has determined, for reasons specified below, that the revisions proposed as part of the Modified Project would not result in any new or more significant environmental impacts, and thus qualify for an Addendum. The prior environmental documentation, Leal Master Plan Environmental Impact Report (SCH No. 2015031028) is referred to as “Prior EIR” or “EIR” and is available at the City of Eastvale City Hall; contact Gina Gibson-Williams, Community Development Director, at 12363 Limonite Avenue, Suite 910, Eastvale, California 91752.

1.6 Basis for an Addendum
Prior to approval of subsequent actions that constitute a “project” under CEQA, the City is required to determine whether the environmental effects of such actions are within the scope of prior environmental analysis, or whether additional environmental analysis is required. That decision is influenced by whether the subsequent actions require major revisions to the EIR due to new significant impacts or an increase the severity of previously identified significant impacts.

Under CEQA, the lead agency or a responsible agency shall prepare an addendum to a previously-certified EIR if some changes or additions are necessary to the prior EIR, but none of the conditions calling for preparation of a subsequent or supplemental EIR have occurred (Public Resources Code § 21166; CEQA Guidelines §§ 15162, 15163, 15164). Once an EIR has been certified, no supplement or subsequent EIR shall be prepared unless the lead agency or responsible agency determines that one of the following conditions has been met:
(1) Substantial changes are proposed in the project, or substantial changes occur with respect to the circumstances under which the project is undertaken, which require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects [CEQA Guidelines § 15162(a)(1)&(2)]; (2) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following:
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a) The project will have one or more significant effects not discussed in the previous EIR;
b) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative [CEQA Guidelines § 15162(a)(3)].

The City has evaluated the potential environmental impacts of the proposed Modified Project against the criteria set forth in CEQA Guidelines §§ 15162, 15163, 15164, and 15168(c). The City, acting as the Lead Agency, has determined that substantial evidence throughout this Addendum supports the determination that the Modified Project would not have any reasonably foreseeable environmental consequences beyond that analyzed in the Prior EIR and its associated administrative record, that none of the conditions listed above trigging preparation of a subsequent or supplemental EIR apply and that an Addendum to the Leal Master Plan Environmental Impact Report (SCH No. 2015031028) is appropriate for the proposed Modified Project and related entitlements, and fully complies with CEQA, as described in Public Resources Code section 21166 and the CEQA Guidelines. The Original EIR was prepared as a Program EIR and as such was evaluated pursuant to CEQA Guidelines § 15168(c). The Lead Agency has determined that the effects of the later activity, in this case the Modified Project, were examined in the program EIR (Original EIR) and pursuant to Section 15162 no subsequent EIR is required.

Table 7 summarizes the City’s determination that none of the conditions listed above trigging preparation of a subsequent or supplemental EIR apply. The following table provides a summary comparison of impacts for the Original Project and the Modified Project. The summary of comparative impacts shows both construction and operations differences.

Table 7. Impact Comparison Between Original Project and Modified Project Environmental Issue Area Original Project
Modified Project1
Construction Operations
Aesthetics Less than Significant Impact with
Mitigation Similar Similar
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Environmental Issue Area Original Project
Modified Project1
Construction Operations
Agriculture and Forestry
Resources
Less than Significant Impact Similar Similar
Air Quality Significant and Unavoidable Impact Similar Reduced Biological Resources Less than Significant Impact with
Mitigation Similar Similar
Cultural Resources Less than Significant Impact with
Mitigation Similar Similar
Energy Less than Significant Impact Similar Reduced
Geology and Soils Less than Significant Impact Similar Similar Greenhouse Gas Emissions Less than Significant Impact Similar Reduced Hazards and Hazardous
Waste
Less than Significant Impact with
Mitigation Similar Similar
Hydrology and Water Quality Less than Significant Impact Similar Similar Land Use and Planning Less than Significant Impact Similar Similar Mineral Resources Less than Significant Impact Similar Similar Noise Significant and Unavoidable Impact Similar Reduced Population and Housing Less than Significant Impact Similar Similar Public Services Less than Significant Impact
Similar Similar
Recreation Less than Significant Impact Similar Similar Transportation and Traffic Significant and Unavoidable Impact Similar Reduced Tribal Cultural Resources Less than Significant Impact with Mitigation Similar Similar
Utilities and Service Systems Less than Significant Impact Similar Similar Wildfire Less than Significant Impact Similar Similar
1 This table provides a qualitative comparison of impacts between the Original and Modified Projects, including construction and operations for the Modified Project. The following Environmental Checklist in Section 2.0 of this Addendum goes into greater detail and justification of these general conclusions presented in this table.

An addendum does not need to be circulated for public review, but rather can be attached to the Prior EIR (CEQA Guidelines § 15164(c)). The City will consider this Addendum and will make a decision regarding the Modified Project [CEQA Guidelines §15164(d)].
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1.7 Mitigation Measures
The City has determined that no new mitigation measures7 are required, as documented in detail in Section 2.0 below. The Prior EIR included mitigation measures for development of the Modified Project site to reduce impacts to a level of less than significant. Where noted in Section 2.0 and the table below, certain mitigation measures have been satisfied as part of this Addendum and are shown in light grey format. One mitigation measure has been revised to clarify the results of further analysis. The other measures remain in place and are listed below.

Table 8. Mitigation Monitoring and Reporting Checklist
Aesthetics, Light, and Glare
MM 3.5.1 Nonglare glass shall be used in all nonresidential buildings to minimize and reduce impacts from glare. Buildings that are allowed to use semi-reflective glass must be oriented so that the reflection of sunlight is minimized. Types of nonglare glass shall be specified on final development plans.

Timing/Implementation: Prior to approval of final development plans Enforcement/Monitoring: City of Eastvale Planning Department Air Quality
MM 3.3.5a A site-specific air toxics pollutant analysis shall be conducted in accordance with the SCAQMD (2008) Final Localized Significance Threshold Methodology for construction activities. If SCAQMD screening thresholds would be exceeded, air toxic reduction measures shall be identified in order to reduce potential impacts to a level that is less than significant. If it is the case that emissions remain in excess of SCAQMD localized significance thresholds despite the imposition of air toxic reduction measures, projectspecific construction-related dispersion modeling acceptable to the SCAQMD shall be used to identify potential toxic air contaminant impacts, including diesel particulate matter. If SCAQMD risk thresholds would be exceeded, additional measures shall be identified in the air toxics analysis to address potential impacts and shall be based on site-specific information such as the distance to the nearest sensitive receptors, project site plan details, and construction schedule. The City shall ensure that construction contracts include all identified measures and that the measures reduce the health risk below SCAQMD risk thresholds.
7 A statement of “No New Mitigation” as used in this Addendum means that there is no new mitigation required due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
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Construction-generated air toxics pollutant mitigation measures may include but not be limited to:

1. Limiting the amount of acreage to be graded in a single day.

2. Restricting intensive equipment usage and intensive ground disturbance to hours outside of hours typically spent at home.

3. Notifying affected sensitive receptors one week prior to commencing on-site construction so that any necessary precautions (such as rescheduling or relocating outdoor activities) can be implemented.

The written notification shall include the name and telephone number of the individual empowered to manage construction of the project. In the event complaints are received, the individual empowered to manage construction shall respond to the complaint within 24 hours.

The response shall include identification of measures being taken by the project construction contractor to reduce construction-related air pollutants. Such measures may include but are not limited to the relocation of equipment or the rescheduling of construction outside of hours typically spent at home.

Timing/Implementation: The site-specific air toxics pollutant analysis and any necessary modeling shall be completed prior to
grading permit issuance, and measures
implemented during construction activities
Enforcement/Monitoring: City of Eastvale Planning, Building and Safety, or Public Works Departments
MM 3.3.5b A site-specific air toxics pollutant analysis shall be conducted in accordance with the SCAQMD (2008) Final Localized Significance Threshold Methodology for operational activities. If SCAQMD screening thresholds would be exceeded, air toxic reduction measures shall be identified in order to reduce potential impacts to a level that is less than significant. If it is the case that emissions remain in excess of SCAQMD localized significance thresholds despite the imposition of air toxic reduction measures, projectspecific operations-related dispersion modeling acceptable to the SCAQMD shall be used to identify potential toxic air contaminant impacts, including diesel particulate matter generated by heavy-duty haul trucks. If SCAQMD risk thresholds would be exceeded, additional mitigation measures shall be identified in the air toxics analysis to address potential impacts and shall be based on site-specific information such as the distance to the nearest sensitive receptors, project site plan details, and merchandise delivery schedule. The City shall ensure that operations include all identified measures and that the measures reduce the health risk below SCAQMD risk thresholds. Operations-generated air toxic pollutant mitigation measures may include but not be limited to:

1. Redesigning the project site plan to locate proposed loading dock facilities as far from sensitive receptors as possible.

2. Posting signage stating the State-mandated prohibition on all project trucks idling in excess of 5 minutes under the Heavy-Duty Vehicle 49246
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Idling Emission Reduction Program.

3. Restricting the number of daily heavy-duty haul truck deliveries.

Timing/Implementation: The site-specific air toxics pollutant analysis and any necessary modeling shall be completed prior to
grading permit issuance, and measures
implemented during construction activities
Enforcement/Monitoring: City of Eastvale Planning, Building and Safety, or Public
Biological Resources
MSHCP
Standard
Conditions
Note: The following discussion highlights the requirements of the MSHCP as they apply to the proposed project. Because the MSHCP has been adopted by the City, it is not necessary to adopt a mitigation measure to enforce its provisions.

The MSHCP requires that projects pay a mitigation fee, perform speciesspecific habitat assessments and surveys, and be reviewed for consistency with Section 6.1.2–Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool, Section 6.1.3–Protection of Narrow Endemic Plan Species, Section 6.3.2–Additional Survey Needs and Procedures, and Section

6.1.4–Guidelines Pertaining to the Urban/Wildlands Interface of the MSHCP.

The following requirements of the MSHCP apply to the proposed project and will be required of all subsequent development plans and/or projects within the Leal Master Plan area:

A. The project applicant shall submit fees to the City in accordance with the requirements of the MSHCP Mitigation Fee Ordinance (Chapter

4.62 of the City of Eastvale Municipal Code).

B. The project applicant shall assess the proposed project’s consistency with Section 6.1.2, Section 6.1.3, Section 6.3.2, and Section 6.1.4 of the MSHCP.

C. A qualified biologist shall conduct a burrowing owl habitat assessment. If needed, focused surveys and preconstruction surveys shall be conducted, as well as appropriate avoidance and minimization (Section 6.3.2 of the MSHCP).

D. A qualified biologist shall conduct habitat assessments for the required Narrow Endemic Plant Species. If needed, focused surveys and shall be conducted, as well as appropriate avoidance and minimization (Section 6.1.3 of the MSHCP).

E. A qualified biologist shall conduct a habitat assessment for Delhi sands flower-loving fly in areas underlain by Delhi soil series (Speciesspecific Objective 1B).

As noted above, because the City has adopted the MSHCP and enforces its provisions, these requirements do not need to be included as mitigation measures.
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MM 3.7.1 All construction and clearing activities shall be conducted outside of the avian nesting season (January 15–August 31), when feasible. If clearing and/or construction activities occur during the nesting season, preconstruction surveys for nesting raptors, special-status resident birds, and other migratory birds protected by the Migratory Bird Treaty Act shall be conducted by a qualified biologist, up to 3 days before initiation of construction activities. The qualified biologist shall survey the construction zone and a 250-foot radius surrounding the construction zone to determine whether the activities taking place have the potential to disturb or otherwise harm nesting birds.

If an active nest is located within 100 feet (250 feet for raptors) of construction activities, the project applicant shall establish an exclusion zone (no ingress of personnel or equipment at a minimum radius of 100 feet or 250 feet, as appropriate, around the nest). Alternative exclusion zones may be established through consultation with the CDFW and the USFWS, as necessary. The City shall be notified if altered exclusions zones widths are authorized by these agencies prior to the initiation of work. The exclusion zones shall remain in force until all young have fledged.

Timing/Implementation: Requirements shall be incorporated into all rough and/or precise grading plan documents.

The project applicant’s construction inspector
shall monitor to ensure that measures are
implemented during construction.

Enforcement/Monitoring: City of Eastvale Planning Department MM 3.7.2 Prior to breaking ground, a qualified biologist shall be retained to determine whether potentially jurisdictional waters are present. If potentially jurisdictional features are identified, the project applicant shall submit a preliminary jurisdictional determination to the US Army Corps of Engineers for verification. The verified delineation will be submitted to the City for its records.

Timing/Implementation: Prior to approval of grading permits Enforcement/Monitoring: City of Eastvale Planning Department MM 3.7.3 Projects shall result in no net loss of sensitive habitats, riparian vegetation, and/or federally protected waters through impact avoidance, impact minimization, and/or compensatory mitigation, as determined in Clean Water Act Section 404 and 401 permits and/or a 1602 Streambed Alteration Agreement. Evidence of compliance with this mitigation measure shall be provided to the City prior to approval of each individual grading permit.

Timing/Implementation: Prior to approval of grading permits Enforcement/Monitoring: City of Eastvale Planning Department. 49448
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Cultural Resources
MM 3.8.1 A detailed cultural resources field survey of the subject property shall be conducted prior to approval of the project. The cultural resources field survey shall identify any cultural resource finds and will set out measures to mitigate any impacts to any significant resources as defined by CEQA, the California Register of Historical Resources, and/or the National Historic Preservation Act.

Mitigation methods to be employed include but are not limited to the following:
• Redesign of the development project to avoid the resource. The resource site shall be deeded to the City or a nonprofit agency to be approved by the City for maintenance of the site.
• If avoidance is determined to be infeasible by the City, the resource shall be mapped, stabilized, and capped pursuant to appropriate standards.
• If capping is determined to be infeasible by the City, the resource shall be excavated and recorded to appropriate standards.

Timing/Implementation: Prior to approval of development plan or project Enforcement/Monitoring: City of Eastvale Planning Department MM 3.8.2 If cultural resources (i.e., prehistoric sites, historic sites, and isolated artifacts) are discovered during grading or construction activities in the project area, work shall be halted immediately within 50 feet of the discovery, the City Planning Department shall be notified, and a professional archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards in archaeology and/or history shall be retained to determine the significance of the discovery.

The City shall consider mitigation recommendations presented by a professional archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards in archaeology and/or history for any unanticipated discoveries. The City and the project applicant of the site where the discovery is made shall consult and agree on implementation of a measure or measures that the City deems feasible. Such measures may include avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures. The project applicant shall be required to implement any mitigation necessary for the protection of cultural resources.

Timing/Implementation: As a condition of project approval and implemented during grading and/or construction
activities
Enforcement/Monitoring: City of Eastvale Planning Department MM 3.8.3 If human remains are discovered during any ground-disturbing activities in the project area, all work shall be halted immediately within 50 feet of the discovery, the City Planning Department shall be notified, and the Riverside 49549
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County Coroner must be notified per California Public Resources Code Section 7050.5 and California Health and Safety Code Section 5097.98. If the remains are determined to be Native American, the coroner will notify the Native American Heritage Commission, and the procedures outlined in CEQA Section 15064.5(d) and (e) shall be followed.

Timing/Implementation: As a condition of project approval and implemented during grading and/or construction
activities
Enforcement/Monitoring: City of Eastvale Planning Department MM 3.8.4 Prior to issuance of a grading permit, a certified professional paleontologist will be retained by the developer to provide professional paleontological services, which will include survey, education of construction workers, onsite construction monitoring, appropriate recovery, and reporting.

A paleontological monitor shall be present during ground disturbing activities in the eastern half of the Project. The monitor shall work under the direct supervision of a qualified paleontologist (B.S./B.A. in geology, or related discipline with an emphasis in paleontology and demonstrated competence in paleontological research, fieldwork, reporting, and curation).

1. The qualified paleontologist shall be on-site at the pre-construction meeting to discuss monitoring protocols.

2. The paleontological monitor shall be present full-time during ground disturbance in the eastern half of the Project, including but not limited to grading, trenching, utilities, and offsite easements. If, after excavation begins, the qualified paleontologist determines that the sediments are not likely to produce fossil resources, monitoring efforts shall be reduced.

3. The monitor shall be empowered to temporarily halt or redirect grading efforts if paleontological resources are discovered.

4. In the event of a paleontological discovery the monitor shall flag the area and notify the construction crew immediately. No further disturbance in the flagged area shall occur until the qualified paleontologist has cleared the area.

5. In consultation with the qualified paleontologist the monitor shall quickly assess the nature and significance of the find. If the specimen is not significant it shall be quickly mapped, documented, removed, and the area cleared.

6. If the discovery is significant the qualified paleontologist shall notify the CLIENT and CITY immediately.

7. In consultation with the CLIENT and CITY the qualified paleontologist 49650
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shall develop a plan of mitigation which will likely include full-time monitoring, salvage excavation, scientific removal of the find, removal of sediment from around the specimen (in the laboratory), research to identify and categorize the find, curation of the find in a local qualified repository, and preparation of a report summarizing the find.

For the remaining portions of the Project site, if If any paleontological resources (fossils) are discovered during grading or construction activities in the project area, work shall be halted immediately within 50 feet of the discovery, and the City Planning Department shall be immediately notified. At that time, the City will coordinate any necessary investigation of the discovery with a qualified paleontologist.

The City shall consider the mitigation recommendations of the qualified paleontologist for any unanticipated discoveries of paleontological resources.

The City and the project applicant shall consult and agree on implementation of a measure or measures that the City deems feasible and appropriate. Such measures may include avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures. The project applicant shall be required to implement any mitigation necessary for the protection of paleontological resources.8
Timing/Implementation: As a condition of project approval and implemented during grading and/or construction
activities
Enforcement/Monitoring: City of Eastvale Planning Department Hazards and Hazardous Materials
MM 3.10.2a Asbestos. Prior to the issuance of any permit for the demolition or alteration of existing structure(s), a letter shall be provided to the Planning Department from a qualified asbestos abatement consultant indicating that no asbestoscontaining materials (ACM) are present in the building. If ACMs are found to be present, they will need to be abated in compliance with the South Coast Air Quality Management District’s Rule 1403 and all other applicable state and federal rules and regulations.

Lead Paint. Prior to issuance of any permit for the demolition or alteration of 8 The eastern portion of the Project site has a higher potential for paleontological resources than the remainder of the site. Therefore, paleontological monitoring in the eastern portion of the site is required during ground disturbance. The Prior EIR included Mitigation Measure MM 3.8.4, which requires that a qualified paleontologist evaluate any paleontological discoveries during grading. The potential for paleontological discoveries has not changed since certification of the Prior EIR and the limits of disturbance have remained the same. This mitigation measure is being revised in this Addendum to require a qualified paleontologist monitor grading activities on the eastern portion of the site, which is more efficient for grading activities, instead of the requirement to call a monitor to the site to evaluate paleontological resources if found during grading. 49751
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the existing structure(s), a lead-based paint survey shall be performed to the written satisfaction of the Eastvale Building Safety and Inspection Department. Should lead-based paint materials be identified, standard handling and disposal practices shall be implemented pursuant to OSHA regulations.

Polychlorinated Biphenyls. Prior to issuance of a demolition permit, a polychlorinated biphenyls (PCB) abatement contractor shall conduct a survey of the project site to identify and assist with compliance with applicable state and federal rules and regulations governing PCB removal and disposal.

Timing/Implementation: Prior to the issuance of demolition permit Enforcement/Monitoring: City of Eastvale Building and Planning Departments
MM 3.10.2b Prior to the issuance of any individual grading permit, a Phase I Environmental Site Assessment (ESA) shall be conducted to determine the potential for contaminated soil or groundwater on the site. If the Phase I ESA determines that the potential exists for contaminated soil or groundwater onsite, the project applicant shall conduct a Phase II ESA and shall follow its recommendations to remediate any potentially contaminated soil or groundwater. On-site contaminants must be addressed to the satisfaction of either Cal/EPA or the Riverside County Waste Management Department, with their approval of completion of activities/remedial action plans (RAP) submitted to the Eastvale Department of Building and Construction prior to the issuance of a grading permit.

Timing/Implementation: Prior to issuance of individual grading permit Enforcement/Monitoring: City of Eastvale Building and Planning Departments
MM 3.10.2c All trash and debris observed on-site shall be removed prior to construction activities and disposed of at a landfill or approved dumpsite.

Timing/Implementation: Prior to construction activities Enforcement/Monitoring: City of Eastvale Building and Planning Departments
Noise
MM 3.6.1 An acoustical assessment shall be prepared that evaluates potential environmental noise impacts associated with the proposed project. Where the acoustical analysis determines that noise levels would exceed applicable City noise standards, noise reduction measures shall be identified and included in the project.

Timing/Implementation: Prior to approval of development plan or project Enforcement/Monitoring: City of Eastvale Planning Department 49852
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MM 3.6.2 A vibration assessment shall be prepared for construction projects that would involve the use of major vibration-generating equipment (e.g., pile drivers, vibratory rollers) within 200 feet of existing structures. Measures to reduce ground vibration levels shall be identified for any potential vibration impacts exceeding a vibration threshold of 0.2 in/sec ppv.

Timing/Implementation: Prior to approval of development plan or project Enforcement/Monitoring: City of Eastvale Planning Department MM 3.6.3 A construction-related noise mitigation plan shall be submitted to the City for review and approval prior to issuance of a grading permit. The plan shall depict the location of construction equipment and specify how the noise from this equipment will be mitigated during construction of the project.

Timing/Implementation: Prior to issuance of grading permit Enforcement/Monitoring: City of Eastvale Planning Department MM 3.6.4 The following mitigation measures shall be implemented and specified on all project construction plans:
a) Clearing and construction activities shall be conducted outside of 6:00 p.m. and 6:00 a.m. during the months of June through September, and outside of 6:00 p.m. and 7:00 a.m. during the months of October through May (Municipal Code Chapter 8.52, Noise Regulation).
b) All construction equipment shall be kept properly tuned and use noise reduction features (e.g., mufflers and engine shrouds) that are no less effective than those originally installed by the manufacturer. c) Construction equipment staging areas shall be centrally located on the project site or located at the farthest distance possible from nearby residential land uses.
d) All motorized construction equipment and vehicles shall be turned off when not in use.

Timing/Implementation: During construction activities, noted on all project construction plans
Enforcement/Monitoring: City of Eastvale Planning Department Transportation
MM 3.2.1a Fair Share of funding shall be paid for widening Limonite Avenue along the project frontage from two to three lanes in each direction. Funding shall be determined and paid via the Riverside County Transportation Uniform Mitigation Fee (TUMF). Project plans and/or phasing shall establish the timing of this improvement to ensure it is in place prior to LOS D operations and consistent with the Master Plan’s infrastructure phasing provisions.

Timing/Implementation: Prior to approval of development plan or project Enforcement/Monitoring: City of Eastvale Planning Department 49953
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MM 3.2.1b A focused traffic study shall be prepared that demonstrates the project’s consistency with the transportation impact assessment (TIA) for the Leal Master Plan prepared by Fehr & Peers (2015). The traffic study shall assess the following:
• Parking;
• Site access and on-site circulation;
• Interaction of driveways with adjacent intersections (if appropriate); • Impacts on local intersections;
• Impacts to pedestrian, transit, and bicycle facilities; and • Trip generation monitoring study to ensure that, as land develops in the Leal Master Plan area, the total development generates traffic at or below the levels assumed in this Draft EIR.

Timing/Implementation: Prior to approval of development plan or project Enforcement/Monitoring: City of Eastvale Planning Department MM 3.2.1c Hamner Avenue shall be widened between Limonite Avenue and Bellegrave Avenue to three lanes in each direction either directly or through fair-share funding as determined by infrastructure and/or facility financing plans approved for the Leal Master Plan. Project plans and/or phasing shall establish the timing of this improvement to ensure it is in place prior to LOS F operations and consistent with infrastructure phasing provisions established as part of Master Plan implementation.

Timing/Implementation: Prior to approval of development plan or project Enforcement/Monitoring: City of Eastvale Planning Department Source: Final Environmental Impact Report Leal Master Plan EIR SCH No. 2015031028, July 2015.

1.8 Summary of Findings
The Prior EIR concluded impacts from the Original Project would result in the following significant unavoidable impacts:
• Transportation / Traffic
• Air Quality
• Noise
The City of Eastvale has determined that none of the conditions in Section 21166 of the Public Resources Code or Sections 15162, 15163 15164, and 15168 of the State CEQA Guidelines calling for preparation of a subsequent or supplemental environmental impact report have occurred. In accordance with the analysis presented in Section 2.0, and pursuant to Section 21166 of the Public Resources Code and Section 15162, 15164, 15168, and 15183 of the State CEQA Guidelines, the City of Eastvale has determined that:
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1) The Modified Project does not propose substantial changes that would require major revisions to the previously certified EIR (Prior EIR) due to new significant environmental effects or a substantial increase in the severity of previously identified significant environmental effects; and
2) No substantial changes in circumstances have occurred that require major revisions to the previously certified EIR (Prior EIR) due to new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
3) No new information of substantial importance as described in Section 15162 (a)(3) has been identified that shows any of the following: a) The project will have one or more significant effects not discussed in the Prior EIR; b) Significant effects previously examined will be substantially more severe than shown in the Prior EIR; c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d) Mitigation measures or alternatives which are considerably different from those analyzed in the Prior EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. 4) The Original EIR was prepared as a Program EIR and as such was evaluated pursuant to CEQA Guidelines § 15168(c). The Lead Agency has determined that the effects of the later activity, in this case the Modified Project, were examined in the program EIR (Original EIR) and pursuant to Section 15162 no subsequent EIR is required.

1.9 Cumulative Impacts
The Modified Project would not change the permitted land uses, limits of disturbance or location of the Project boundary, extent of construction activities, or increase the intensity of development. The most intense short-term construction impacts entail rough grading. Since the limits of grading and the remedial grading requirements based on existing geologic conditions would remain as analyzed for the Original Project, short-term construction impacts for the Modified Project would be the same or less than the Original Project. For this reason, no new or greater cumulative impacts associated with construction activities would occur from the Modified Project. Since the Modified Project reduces the intensity of development by reducing the amount of trip generation, the long-term operational impacts associated with the Modified Project would be the same or less than analyzed in the Prior EIR and no new or greater cumulative impacts associated with operational activities would occur from the Modified Project.

Therefore, the Modified Project would not cause new or increased cumulative impacts. 50155
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SECTION 2.0 ENVIRONMENTAL CHECKLIST
The following is an analysis of the topical categories listed in Appendix G of the CEQA Guidelines. It should be noted that the topical categories in Appendix G have changed since the certification of the Prior EIR. For example, there are new sections for Tribal Cultural Resources, Energy, and Wildfire; the question for paleontological impacts has moved to the geology and soils category; and many categories have revised wording of the significance questions. This Addendum is based on the updated version of Appendix G to provide current analysis. Additionally, the findings for each topical category have been revised to be consistent with subsequent review.

The findings are “New Potentially Significant Impact,” “New Mitigation is Required,” “No New Impact/No Impact,” and “Reduced Impact.” A finding of “New Mitigation is Required” means that the project has a new potentially significant impact on the environment or a substantially more severe impact than analyzed in the previously approved or certified CEQA document and that new mitigation is required to address the new or substantially more severe significant impact.

2.1 Aesthetics
Issues:

New
Potentially
Significant
Impact
New
Mitigation
is Required
No New
Impact/No
Impact
Reduced
Impact
AESTHETICS. Except as provided in Public
Resources Code Section 21099, would the project:
a) Have a substantial adverse effect on a scenic
vista?
☐ ☐ ☒ ☐
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
☐ ☐ ☒ ☐
c) In non-urbanized areas, substantially degrade
the existing visual character or quality of public
views of the site and its surroundings? (Public
views are those that are experienced from
publicly accessible vantage point). If the project
is in an urbanized area, would the project conflict
with applicable zoning and other regulations
governing scenic quality?
☐ ☐ ☒ ☐
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime
views in the area?
☐ ☐ ☒ ☐

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Discussion: The Prior EIR determined the Original Project would cause a permanent substantial change in the existing visual character of the Project site from dairy/agricultural to developed uses, but that altering the existing visual character of the site would not necessarily degrade it, as the surrounding area is similarly developed. The Modified Project would also change the visual character of the site from dairy farm to developed uses. While the Modified Project proposes to change the mix and intensity of uses compared to the Original Project, the overall result remains the same that the character of the site would change from dairy farm to a mix of residential and commercial development.

The proposed changes associated with the Modified Project would not change the conclusions in the Prior EIR as there is no new potentially significant impact and previously identified significant impacts are not substantially more severe. The Modified Project would not cause new or increased impacts and impacts are less than significant.
a, b) The Prior EIR determined the Project site does not constitute a scenic vista and is not located near a scenic highway. Furthermore, there are no designated scenic vistas identified in the Eastvale General Plan. The Santa Ana River is identified as a scenic resource; however, the Project site is approximately two miles north of the Santa Ana River. The area surrounding the Project site is currently developed with a mix of residential and commercial uses, similar to the Modified Project.

Therefore, the conclusions presented in the Prior EIR that the Project site does not constitute a scenic vista; does not contain scenic resources; is not located near a scenic highway; and would not block views of a scenic vista, would also apply to the Modified Project.

Therefore, the Modified Project would not cause new or increased impacts and impacts are less than significant.
c) The Prior EIR determined the Original Project would not degrade the existing visual character or quality of the site or surrounding areas. The Leal Master Plan includes design guidelines to ensure the character and quality of development meet the City’s goals for Project characteristics and level of quality and is visually compatible with surrounding development.

The Modified Project also includes design guidelines and adds new development standards to guide and regulate future development in greater detail than the Original Project. Furthermore, the Modified Project specifies proposed development intensity and identified the southeast corner of the Project site (Limonite and Hamner) as the Downtown area, which is adjacent to and compatible with surrounding existing commercial development (Eastvale Gateway Center and the Cloverdale Marketplace). 50357
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Since the Project site is located within an urbanized area, surrounded by residential and commercial uses, and the Modified Project is consistent with the Leal Master Plan zoning, and no other City regulations govern scenic quality, the Modified Project would have a less than significant impact.

Therefore, the conclusions presented in the Prior EIR remain unchanged as there is no new potentially significant impact and previously identified significant impacts are not substantially more severe. No new or more severe impacts would occur as a result of the Modified Project, and impacts are less than significant. d) The Prior EIR determined the Project site is located in a suburban setting, surrounded by a developed environment with fixed and mobile sources of exterior light and glare. Fixed sources of light and glare include exterior building-mounted and freestanding light fixtures, illuminated signage on existing land uses, and street lighting along local streets near the Project. Mobile sources of light and glare originate from vehicles along surrounding streets. These existing light sources contribute to moderate levels of nighttime lighting.

Development of the Project site would add nighttime lighting for roadway visibility and safety, and lighting associated with residential and commercial development. The Original Project concluded that consistency with Section 120.05.050, Outdoor Lighting, in Chapter 120.05, Development Standards, of the Eastvale Municipal Code, would reduce impacts from all outdoor lighting fixtures to less than significant.

The Original EIR also determined that development could introduce new sources of glare from windows associated with the proposed non-residential development.

Mitigation Measure MM 3.5.1 was included to require future development plans and/or Projects to utilize nonglare glass in all nonresidential buildings to minimize and reduce impacts from glare. With implementation of the mitigation measure, impacts were determined less than significant.

The Modified Project includes a similar mix of uses as the Original Project and both Section 120.05.050 of the Municipal Code and Mitigation Measure 3.5.1 would apply to the Modified Project. Therefore, the conclusions presented in the Prior EIR remain unchanged. No new or more severe impacts would occur as a result of the Modified Project, and impacts are less than significant.

Mitigation Measures: The mitigation measure included in the Prior EIR remains applicable to the Modified Project is shown below.

MM 3.5.1 Nonglare glass shall be used in all nonresidential buildings to minimize and reduce impacts from glare. Buildings that are allowed to use semireflective glass must be oriented so that the reflection of sunlight is minimized. Types of nonglare glass shall be specified on final development plans.
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Timing/Implementation: Prior to approval of final development plans Enforcement/Monitoring: City of Eastvale Planning Department Conclusion: The changes associated with the Modified Project would not substantially change or increase the visibility of development or substantially change the overall character of the development from the Original Project. The Modified Project would not add new sources of light and glare compared to the Original Project and the Modified Project would have the same level of visual compatibility as the Original Project. Therefore, no changes to the conclusions presented in the Prior EIR are warranted. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant with mitigation. 50559
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2.2 Agriculture and Forestry Resources
Issues:

New
Potentially
Significant
Impact
New
Mitigation
is Required
No New
Impact/No
Impact
Reduced
Impact
AGRICULTURE AND FOREST RESOURCES. In
determining whether impacts to agricultural
resources are significant environmental effects, lead
agencies may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997)
prepared by the California Dept. of Conservation as
an optional model to use in assessing impacts on
agriculture and farmland. In determining whether
impacts to forest resources, including timberland, are
significant environmental effects, lead agencies may
refer to information compiled by the California
Department of Forestry and Fire Protection regarding
the state’s inventory of forest land, including the
Forest and Range Assessment Project and the Forest
Legacy Assessment project; and forest carbon
measurement methodology provided in Forest
Protocols adopted by the California Air Resources
Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to nonagricultural use? ☐ ☐ ☒ ☐
b) Conflict with existing zoning for agricultural use,
or a Williamson Act contract? ☐ ☐ ☒ ☐
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland (as
defined by Public Resources Code section 4526),
or timberland zoned Timberland Production (as
defined by Government Code section 51104(g))?
☐ ☐ ☒ ☐
d) Result in the loss of forest land or conversion of
forest land to non-forest use? ☐ ☐ ☒ ☐
e) Involve other changes in the existing environment
which, due to their location or nature, could result
in conversion of Farmland, to non-agricultural use
or conversion of forest land to non-forest use?
☐ ☐ ☒ ☐
Discussion: In accordance with State CEQA Guidelines Section 15128, the Prior EIR determined that as a result of the absence of environmental resources or Project characteristics to produce impacts, the potential effect on Agriculture and Forestry Resources was found to be less than significant. The Original Project included a zone 50660
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change from Heavy Agriculture (A-2) to Leal Master Plan. In the course of that zone change, the City made findings documenting the rationale for the zone change and the justification for the conclusion that no significant impacts to agricultural resources would occur. The Prior EIR concluded,
“However, the City’s General Plan and General Plan EIR determined that conversion of agricultural land was a significant and unavoidable impact of land development within the Eastvale city limits. General Plan Policy AQ-39 states that the loss of agricultural productivity on lands designated for urban uses within the city limits is anticipated as a consequence of the city’s development.

Because this property was designated for development, the conversion of agricultural uses is consistent with the adopted General Plan and General Plan EIR. Therefore, this impact is less than significant.”9 The Modified Project would not change the limits of disturbance, which encumbers the entire site, therefore the analysis and conclusions presented in the Prior EIR remain unchanged. Furthermore, no substantial changes in site conditions or substantial changes to the circumstances have occurred that would change the conclusions presented in the Prior EIR.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
a) The Original Project changed the zoning on the Project site from Heavy Agriculture (A-2) to Leal Master Plan. In the course of that zone change, the City made findings documenting the rationale for the zone change and the justification for the conclusion that no significant impacts to agricultural resources would occur. Furthermore, the Prior EIR under Impact 3.9.8 determined that conversion of mapped Farmland was a less than significant impact. The Modified Project would not change the limits of disturbance, which encumbers the entire site, therefore the analysis and conclusions presented in the Prior EIR remain unchanged. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
b) The Original Project changed the zoning on the Project site from Heavy Agriculture (A-2) to Leal Master Plan and no Williamson Act contract applies to the Project site.

The Modified Project is consistent with the allowed uses under the Leal Master Plan zoning. No new significant impacts or substantial increase in the severity of significant 9 Leal Master Plan Draft EIR, July 2015, Section 3.9.8, Page 3.9-6 50761
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impacts would occur with the Modified Project and no new mitigation is necessary.

Impacts would remain less than significant.
c) The Project site is currently zoned Leal Master Plan, which designates the site for a mix of residential and commercial uses. The Project site does not contain land zoned as forest land or timberland. The Modified Project is consistent with the allowed uses under the Leal Master Plan zoning conforms to the existing Leal Master Plan zoning.

No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
d) As discussed above, no land zoned as forest land or timberland exists within the Project site boundaries. Approval of the Modified Project would not result in the loss of forest land or conversion of forest land to other uses. Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
e) The Modified Project would not involve other changes in the existing environment that, due to their location or nature, could result in conversion of farmland to nonagricultural use or forest land to non-forest use. The Modified Project would not change the limits of disturbance, which encumbers the entire site. No existing farmland occurs adjacent to the Project site. The Project site itself is no longer productive farmland. The entire Project site is surrounded by existing residential and commercial development. Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.

Mitigation Measures: No mitigation required.

Conclusion: The Original Project included a zone change from Heavy Agriculture (A-2) to Leal Master Plan. In the course of that zone change, the City made findings documenting the rationale for the zone change and the justification for the conclusion that no significant impacts to agricultural resources would occur. The Modified Project would not change the limits of disturbance, which encumbers the entire site, therefore the analysis and conclusions presented in the Prior EIR remain unchanged.

Furthermore, no substantial changes in site conditions or substantial changes to the circumstances have occurred that would change the conclusions presented in the Prior EIR. Therefore, the conclusions presented in the Prior EIR remain unchanged as there is no new potentially significant impact and previously identified significant impacts are not substantially more severe. No new or more severe impacts would occur as a result of the Modified Project, and impacts are less than significant. 50862
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2.3 Air Quality
Issues:

New
Potentially
Significant
Impact
New
Mitigation is
Required
No New
Impact/No
Impact
Reduced
Impact
AIR QUALITY. Where available, the significance
criteria established by the applicable air quality
management or air pollution control district may be
relied upon to make the following determinations.

Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan? ☐ ☐ ☒ ☐
b) Result in a cumulatively considerable net increase
of any criteria pollutant for which the project
region is non-attainment under an applicable
federal or state ambient air quality standard?
☐ ☐ ☐ ☒
c) Expose sensitive receptors to substantial pollutant
concentrations?
☐ ☐ ☒ ☐
d) Result in other emissions (such as those leading
to odors) adversely affecting a substantial number
of people?
☐ ☐ ☒ ☐
Discussion: Air Quality impacts are analyzed for both operations and construction.

Operational emissions are based on the type and intensity of land use. The Prior EIR analyzed operational emissions from the Original Project land use mix and concluded operational emissions would be significant and unavoidable.

Construction emissions result from construction activities, most notably grading activities since grading tends to produce the greatest amount of daily emissions. The Prior EIR determined construction activities would result in a significant unavoidable impact.

The Prior EIR included two mitigation measures, MM 3.3.5a and 3.3.5b, requiring site specific air toxics pollutant analysis in accordance with South Coast Air Quality Management District (SCAQMD) Final Localized Significance Threshold Methodology for both construction and operational activities.
a) The Prior EIR determined that the Original Project “would not conflict with or obstruct implementation of the 2012 AQMP, as it has been anticipated in the City General Plan... The proposed Master Plan is consistent with the City’s General Plan and 50963
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thus does not exceed the population or job growth projections used by the SCAQMD to develop the 2012 Air Quality Management Plan. ”
10 Since certification of the Prior EIR, a newer 2016 Air Quality Management Plan (AQMP) has been adopted. The 2016 AQMP is based on development intensities assumed in the City’s adopted General Plan, which for this Project site is the Leal Master Plan.

Since the Modified Project reduces the overall intensity of development compared to the Original Project, resulting in a reduction in the number of vehicle trips generated by the future development11 and the Modified Project continues to propose a mix of residential and commercial uses, including developing a ”downtown,” the Modified Project is consistent with the 2016 AQMP.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
b) The Prior EIR analyzed both short-term construction emissions and long-term operational emissions. The Prior EIR determined short-term construction emissions and long-term operational impacts would be significant and unavoidable.

Construction
The Prior EIR determined short-term construction emissions would cause a significant unavoidable impact. The Prior EIR states:
“Quantifying the air quality pollutant emissions from future, short-term, temporary construction activities allowed under the proposed Master Plan is not possible due to project-level variability and uncertainties related to future individual projects in terms of detailed site plans, construction schedules, equipment requirements, etc., which are not currently determined. However, depending on how development proceeds, construction-generated emissions associated with development of the Master Plan area could potentially exceed SCAQMD thresholds of significance. Therefore, future project-level analyses of air quality impacts, in accordance with California Environmental Quality Act (CEQA) requirements, would be conducted on a case-by-case basis as individual, future development projects allowed under the Master Plan proceed.”12
The Master Plan, as part of the Stage 2 development planning process, is further defined and detailed than the Original Project. The proposed Tentative Tract Map includes a rough grading concept, and a cut/fill analysis has been performed to 10 Leal Master Plan Draft EIR, July 2015, Section 3.3, Page 3.3-10 11 Leal Master Plan Amendment Project Traffic Study, RK Engineering Group, Inc., December 22, 2021 12 Leal Master Plan Draft EIR, July 2015, Section 3.3, Page 3.3-5 51064
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determine earthwork quantities. This information was used to prepare the “Leal Master Plan Amendment Project Air Quality, Greenhouse Gas and Energy Impact Study” by RK Engineering Group, Inc., December 22, 2021, which is included in Appendix B.

The Modified Project includes several Project Design Features (PDFs) that have emission reduction benefits.

AQ PDF-1 A Construction Management Plan will be prepared that includes the requirements for Air Quality mitigation measures to be submitted to the City of Eastvale for all phases of construction.

AQ PDF-2 The Project commits to following the standard South Coast Air Quality Management District (SCAQMD) rules and requirements with regards to fugitive dust control, which includes, but are not limited to the following:

1. All active construction areas shall be watered two (2) times daily.

2. Speed on unpaved roads shall be reduced to less than 15 mph.

3. Any visible dirt deposition on any public roadway shall be swept or washed at the site access points within 30 minutes.

4. Any on-site stockpiles of debris, dirt or other dusty material shall be covered or watered twice daily.

5. All operations on any unpaved surface shall be suspended if winds exceed 15 mph.

6. Access points shall be washed or swept daily.

7. Construction sites shall be sandbagged for erosion control.

8. Apply nontoxic chemical soil stabilizers according to manufacturers’ specifications to all inactive construction areas (previously graded areas inactive for 10 days or more).

9. Cover all trucks hauling dirt, sand, soil, or other loose materials, and maintain at least 2 feet of freeboard space in accordance with the requirements of California Vehicle Code (CVC) section 23114.

10. Pave or gravel construction access roads at least 100 feet onto the site from the main road and use gravel aprons at truck exits.

11. Replace the ground cover of disturbed areas as quickly possible.

12. A fugitive dust control plan should be prepared and submitted to SCAQMD prior to the start of construction.
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AQ PDF-3 All construction equipment to the extent feasible will have Tier 4 low emission “clean diesel” engines (Original Equipment Manufacturer or retrofit) that include diesel oxidation catalysts and diesel particulate filters that meet the latest California Air Resources Board (CARB) best available control technology.

AQ PDF-4 Construction equipment will be maintained in proper tune.

AQ PDF-5 All construction vehicles will be prohibited from excessive idling.

Excessive idling is defined as five (5) minutes or longer.

AQ PDF-6 The Project will minimize the simultaneous operation of multiple construction equipment units, to the maximum extent feasible.

AQ PDF-7 The use of heavy construction equipment and earthmoving activity will be suspended during Air Alerts when the Air Quality Index reaches the “Unhealthy” level.

AQ PDF-8 The Project will establish an electricity supply to the construction site and use electric powered equipment instead of diesel-powered equipment or generators, where feasible.

AQ PDF-9 Staging areas for the construction equipment will be located as distant as possible from adjacent residential homes.

AQ PDF-10 To the extent possible, the Project will use haul trucks with on-road engines instead of off-road engines for on-site hauling.

The most notable PDF applied to the Modified Project that was not applied to the Original Project is the use of Tier 4 low emission “clean diesel” engines (AQ PDF-3).

The Original Project did not mandate the use of all Tier 4 engines allowing grading activity to rely on Tier 3 engines, which emit more emissions than Tier 4 engines. 13 The Air Quality study calculated construction emissions as summarized in the following table.14
13 Leal Master Plan Draft EIR, July 2015, Section 3.3, Page 3.3-5 14 Table 16 from “Leal Master Plan Amendment Project Air Quality, Greenhouse Gas and Energy Impact Study,” prepared by RK Engineering Group, Inc., dated December 22, 2021 51266
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Table 9. Regional Construction Emissions14
As shown in the prior table, construction activities are anticipated to be less than SCAQMD thresholds. Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project.

Operations
The Prior EIR determined long-term operational emissions would cause a significant unavoidable impact. The Prior EIR states:
“…buildout of the Master Plan, assuming the most conservative land use potential, would result in emissions in excess of SCAQMD thresholds for criteria air pollutants and precursors for which the SoCAB is in nonattainment.”15 The Modified Project, prepared as part of the Stage 2 development planning process, provides greater detail and definition than the Original Project, as shown in Table 3 and the Leal Master Plan Amendment (Appendix A). Similar to the Original Project, the Modified Project allows for flexibility of land uses and establishes specific land use intensities provided development is consistent with the plans and specifications included in the Leal Master Plan Amendment. The air quality analysis provided below is based on the land use intensities established for the Modified Project in Table 3.

The following table summarizes regional operational emissions from the Modified Project.16 As shown, operational emissions from the Modified Project remain under 15 Leal Master Plan Draft EIR, July 2015, Section 3.3, Page 3.3-8 51367
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SCAQMD thresholds of significance and less than the Original Project. The reason for this change is the reduced level of development intensity presented in the Modified Project compared to the Original Project.

Table 10. Regional Operational Emissions16
Therefore, the Modified Project would not cause new or increased operational impacts to occur.

Cumulative
Air pollution is largely a cumulative impact. Therefore, by SCAQMD policy, if a Project’s individual emissions exceed significance thresholds, the project’s impacts would be cumulatively considerable. If a project’s individual emissions do not exceed significance thresholds, the project’s impacts would not be cumulatively considerable.

The Prior EIR concluded the Original Project would cause a significant and unavoidable cumulative impact because individual construction and operational emissions would exceed significance thresholds. The individual construction and operational emissions for the Modified Project are less than the Original Project. Since the Modified Project would not increase the amount of daily nonattainment pollutant emissions as discussed in above, no new significant impacts or substantial increase in 16 Table 18, from “Leal Master Plan Amendment Project Air Quality, Greenhouse Gas and Energy Impact Study,” prepared by RK Engineering Group, Inc., dated December 22, 2021 51468
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the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary.
c) The Prior EIR determined Project construction would emit localized pollutants through the on-site use of heavy-duty construction equipment as well as fugitive dust from demolition and ground-disturbing activities on site. These localized emissions could expose nearby sensitive receptors to substantial pollutant concentrations.

Similarly, long-term Project operations would emit pollutants that could result in local Carbon Monoxide (CO) hotspots.

The Air Quality Study for the Modified Project calculated Localized Construction Emissions for the Modified Project. The Prior EIR included a requirement for Localized Construction Emissions as Mitigation Measure 3.3.5a, which this analysis satisfies. As shown in the following table, Localized Construction Emissions would be below the SCAQMD thresholds of significance.

Table 11. Localized Construction Emissions17
A CO hot spot is a localized concentration of carbon monoxide (CO) that is above the state one-hour standard of 20 ppm or the eight-hour standard of 9 ppm. The Prior EIR conducted a CO hot spot analysis and determined emission levels would be below the California Ambient Air Quality Standards (CAAQS) levels.18 Since the Modified Project would generate approximately 27,764 fewer daily vehicle trips, it can also be concluded that no new CO hotspots would occur as a result of the Modified Project.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Mitigation Measure 3.3.5.b. would remain applicable. d) The Prior EIR determined short-term odors can occur during construction, both during grading and painting of structures. Long-term operational odors commonly 17Table 17, from “Leal Master Plan Amendment Project Air Quality, Greenhouse Gas and Energy Impact Study,” prepared by RK Engineering Group, Inc., dated December 22, 2021. 18 Leal Master Plan Draft EIR, July 2015, Table 3.3-5, Page 3.3-12 51569
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occur from land uses such as, agricultural uses (farming and livestock), chemical plants, composting operations, dairies, fiberglass molding facilities, food processing plants, landfills, refineries, rail yards, and wastewater treatment plants. Since the construction operations would remain similar to the Original Project, and the Modified Project does not contain any new odor producing land uses, the Modified Project would not cause new significant impacts or substantial increase in the severity of significant impacts and no new mitigation is necessary. Impacts would be less than significant.

Mitigation Measures: Mitigation Measures MM 3.3.5b remains applicable to the Modified Project.

MM 3.3.5a A site-specific air toxics pollutant analysis shall be conducted in accordance with the SCAQMD (2008) Final Localized Significance Threshold Methodology for construction activities. If SCAQMD screening thresholds would be exceeded, air toxic reduction measures shall be identified in order to reduce potential impacts to a level that is less than significant. If it is the case that emissions remain in excess of SCAQMD localized significance thresholds despite the imposition of air toxic reduction measures, project-specific construction-related dispersion modeling acceptable to the SCAQMD shall be used to identify potential toxic air contaminant impacts, including diesel particulate matter. If SCAQMD risk thresholds would be exceeded, additional measures shall be identified in the air toxics analysis to address potential impacts and shall be based on site-specific information such as the distance to the nearest sensitive receptors, project site plan details, and construction schedule. The City shall ensure that construction contracts include all identified measures and that the measures reduce the health risk below SCAQMD risk thresholds. Construction-generated air toxics pollutant mitigation measures may include but not be limited to:

1. Limiting the amount of acreage to be graded in a single day.

2. Restricting intensive equipment usage and intensive ground disturbance to hours outside of hours typically spent at home.

3. Notifying affected sensitive receptors one week prior to commencing on-site construction so that any necessary precautions (such as rescheduling or relocating outdoor activities) can be implemented. The written notification shall include the name and telephone number of the individual empowered to manage construction of the project. In the event complaints are received, the individual empowered to manage construction shall respond to the complaint within 24 hours. The response shall include identification of measures being taken by the project construction contractor to reduce construction-related air 51670
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pollutants. Such measures may include but are not limited to the relocation of equipment or the rescheduling of construction outside of hours typically spent at home.

Timing/Implementation: The site-specific air toxics pollutant analysis and any necessary modeling shall be
completed prior to grading permit issuance,
and measures implemented during
construction activities
Enforcement/Monitoring: City of Eastvale Planning, Building and Safety, or Public Works Departments
MM 3.3.5b A site-specific air toxics pollutant analysis shall be conducted in accordance with the SCAQMD (2008) Final Localized Significance Threshold Methodology for operational activities. If SCAQMD screening thresholds would be exceeded, air toxic reduction measures shall be identified in order to reduce potential impacts to a level that is less than significant. If it is the case that emissions remain in excess of SCAQMD localized significance thresholds despite the imposition of air toxic reduction measures, project-specific operations-related dispersion modeling acceptable to the SCAQMD shall be used to identify potential toxic air contaminant impacts, including diesel particulate matter generated by heavy-duty haul trucks. If SCAQMD risk thresholds would be exceeded, additional mitigation measures shall be identified in the air toxics analysis to address potential impacts and shall be based on sitespecific information such as the distance to the nearest sensitive receptors, project site plan details, and merchandise delivery schedule.

The City shall ensure that operations include all identified measures and that the measures reduce the health risk below SCAQMD risk thresholds.

Operations-generated air toxic pollutant mitigation measures may include but not be limited to:

1. Redesigning the project site plan to locate proposed loading dock facilities as far from sensitive receptors as possible.

2. Posting signage stating the State-mandated prohibition on all project trucks idling in excess of 5 minutes under the Heavy-Duty Vehicle Idling Emission Reduction Program.

3. Restricting the number of daily heavy-duty haul truck deliveries.

Timing/Implementation: The site-specific air toxics pollutant analysis and any necessary modeling shall be
completed prior to grading permit issuance,
and measures implemented during
construction activities
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Enforcement/Monitoring: City of Eastvale Planning, Building and Safety, or Public Works Departments
Conclusion: The Modified Project would cause similar daily emissions from construction activities and less operational emissions as a result of approximately 27,764 fewer daily vehicle trips, compared to the Original Project. Therefore, no changes to the conclusions presented in the Prior EIR are necessary. Mitigation Measure MM 3.3.5b required by the Prior EIR remains applicable to the Modified Project. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. 51872
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2.4 Biological Resources
Issues:

New
Potentially
Significant
Impact
New
Mitigation is
Required
No New
Impact/No
Impact
Reduced
Impact
BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans, policies,
or regulations, or by the California Department
of Fish and Game or U.S. Fish and Wildlife
Service?
☐ ☐ ☒ ☐
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service?
☐ ☐ ☐ ☒
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
☐ ☐ ☐ ☒
d) Interfere with the movement of any native
resident or migratory fish or wildlife species or
with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
☐ ☐ ☒ ☐
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
☐ ☐ ☒ ☐
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
☐ ☐ ☐ ☒
Discussion: The Prior EIR performed a records search and determined no previously recorded sensitive biological resources have occurred on the Project site. The Project site is disturbed and was previously used as a dairy farm. No surveys for sensitive species were conducted as part of the Prior EIR and mitigation measures were added requiring future surveys. The Prior EIR concluded that with mitigation, all potential biological impacts would be reduced to less than significant.

The potential for biological impacts depends on the area of impact and the condition of the Project site. The Modified Project would not change the limits of disturbance, which encumbers the entire site, and the condition of the Project site remains 51973
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essentially unchanged from the time of the Prior EIR. Therefore, the analysis and conclusions presented in the Prior EIR remain unchanged.

In support of this Addendum, a Biological Assessment was conducted for the Modified Project. That assessment, “Biological Assessment of the Leal Property,” prepared by Carlson Strategic Land Solutions, March 2021, is included as Appendix C.

The Biological Assessment included a field survey on June 9, 2021, to map vegetation communities and conduct a jurisdictional delineation. Focused burrowing owl surveys and narrow endemic plant surveys were conducted on June 16, June 23, July 1, and July 13, 2021. Furthermore, a Delhi Sands Flower Loving Fly Assessment was performed on June 18, 2021.

No special status species were observed on-site and none are expected to occur given current site conditions and habitat type. The vegetation communities mapped on the Project site are as follows:

Table 12. Vegetation Communities Observed19
Vegetation Community
Acreage within in the
Project Site
Ruderal 96.82
Historical Dairy Farm 25.82
Disturbed/Developed 37.87
TOTAL 160.0
The Project site is located within the Western Riverside Multiple Species Habitat Conservation Program (MSHCP) boundaries. However, the Project site is not located within any MCHCP Criteria Areas, Cell Groups, or Subunits, and the Project site is not located in survey areas for Amphibians, Mammals, or Special Linkage areas. The Project site is subject to Riparian and Riverine Areas pursuant to MSHCP Section 6.1.2, Narrow Endemic Plants (Survey Area 7) pursuant to MSHCP Section 6.1.3, Urban/Wildlands Interface guidelines pursuant to MSHCP Section 6.1.4, and Western Burrowing Owl overlay pursuant to MSHCP Section 6.3.2.

The field surveys conducted as part of the Biological Assessment satisfy several of the prior mitigation measures, as described below. Project site conditions have remained very similar to that analyzed in the Prior EIR. There is no evidence of changes that could result in occupation by special status species or riparian/wetland habitats that would be subject to state and federal permits, and the analysis and conclusions presented in the Prior EIR remain valid.
19 Table 2, from “Biological Assessment of the Leal Property located in the City of Eastvale,” prepared by Carlson Strategic Land Solutions, dated November 2, 2021. 52074
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a) The Biological Assessment determined no previously recorded sensitive biological resources (i.e., special-status species populations, sensitive habitats, or jurisdictional features) occur on the Project site or within the Study Area. Furthermore, no sensitive biological resources, including, special-status species populations, sensitive habitats, or jurisdictional features occur on the Project site.

The Project site does not contain any suitable habitat for special status species or sensitive species, nor were any observed on-site during recent surveys. The Modified Project would include the removal of non-native and ruderal species; therefore, impacts would not be considered a significant impact and no mitigation is required.

The Modified Project would cause the disruption and removal of ruderal and developed habitat and the loss and displacement of non-sensitive common wildlife species. Due to the level of existing disturbance from the historical use as a dairy farm, human activity on-site and within the vicinity (e.g., nearby development), these impacts would not be expected to reduce the general wildlife populations below selfsustaining levels within the region and impacts to non-sensitive wildlife species do not meet the significance thresholds. Therefore, impacts to common wildlife species would not be considered a significant impact and no mitigation is required.

The Prior EIR identified a potential for impacts to nesting birds. The Project site consists of suitable habitat for nesting, foraging, and/or wintering avian species. While none of the common species carry a Federal or State listing as threatened or endangered, they are all protected under the Migratory Bird Treaty Act (MBTA) during breeding season. Therefore, a pre-construction survey is required in compliance with the MBTA. Implementation of Mitigation Measure MM 3.7.1 from the Prior EIR would reduce potential impacts to the avian species to a less than significant level if nesting individuals are present.

The biological evaluation of the Project site provides greater site-specific detail and analysis than the information presented in the Prior EIR, but this is not a substantial change with respect to the circumstances under which the Modified Project is undertaken or new information that was not known and could not have been known with the exercise of reasonable diligence at the time of the Prior EIR. The Modified Project would not change the limits of disturbance, which encumbers the entire site, and the existing site conditions of a dairy farm remain consistent with that analyzed in the Prior EIR. Therefore, the conclusions presented in the Prior EIR remain unchanged.

No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant with implementation of Mitigation Measure 3.7.1 as presented in the Prior EIR.
b, c) Based on the field surveys and focused surveys conducted as part of the Biological Assessment of the Modified Project, no sensitive plant communities or habitats occur on the Project site. Sensitive habitats include those that are of special 52175
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concern to resource agencies and those that are protected under the MSHCP, CEQA, Section 1600 of the California Fish and Game Code, and Section 404 of the Clean Water Act.

Furthermore, the Biological Assessment included a formal jurisdictional delineation on the Project site. Based on those results, no jurisdictional features were identified on the Project site subject to Section 1602 of the California Fish and Game Code and the Porter Cologne Act, as regulated by the California Department of Fish and Wildlife (CDFW) and the Regional Water Quality Control Board (RWQCB), and no jurisdictional non-wetland or wetland waters regulated under Section 404 of the Clean Water Act were identified on the Project site.

The Biological Assessment has determined that no sensitive biological resources or jurisdictional features occur on the Project site; therefore, no impacts would occur.

Mitigation Measures 3.7.2 and 3.7.3 included in the Prior EIR have been fulfilled by the Biological Assessment.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant and Mitigation Measures 3.7.2 and 3.7.3 presented in the Prior EIR have been fulfilled. d) The Project site has been disturbed by development and intense historical dairy and agricultural uses and is unlikely to facilitate local wildlife movement. In addition, the Project site is completely surrounded by dense urban development, further impairing wildlife movement.

The Project site supports potential live-in and movement habitat for species on a local scale (i.e., some limited live-in and marginal movement habitat for reptile, bird, and mammal species), however, the Project site provides little to no function to facilitate wildlife movement on a regional scale. Furthermore, the site is not identified as a Special Linkage area within the MSHCP. Movement on a local scale likely occurs with species adapted to urban environments due to the surrounding development and disturbances in the vicinity of the site. Implementation of the Modified Project would not change the lack of wildlife movement across the Project site nor the classification of the Project site in the MSHCP that the Project site is not a Special Linkage area or integral to wildlife movement.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
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e) As indicated in the Prior EIR, “The City of Eastvale has no policies or ordinances relating to biological resources.”20 Therefore, the Project site is not subject to any local policies, such as a tree preservation ordinance, and no impacts would occur and no mitigation is required. No change in conclusion from what was analyzed in the Prior EIR would occur.
f) As analyzed in the Prior EIR, and applicable to the Modified Project, the Project site is located within the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) and is not located within any MSHCP Criteria Areas, Cell Groups, or Subunits. Furthermore, the Project site is not located in survey areas for Amphibians, Mammals, or Special Linkage areas. The Project site is subject to Riparian and Riverine Areas pursuant to MSHCP Section 6.1.2, Narrow Endemic Plants Overlay, pursuant to MSHCP Section 6.1.3, Urban/Wildland Interface pursuant to Section 6.1.4, and Western Burrowing Owl overlay pursuant to MSHCP Section 6.3.2.

The Biological Assessment determined no previously recorded sensitive biological resources (i.e., special-status species populations, sensitive habitats, or jurisdictional features) occur on the Project site or within the Study Area. Furthermore, no sensitive biological resources, including i.e., special-status species populations, sensitive habitats, or jurisdictional features occur on the Project site. The MSHCP includes standard measures, some of which apply to the Modified Project as documented in the Biological Assessment. The Biological Assessment provides greater site-specific detail and analysis than the information presented in the Prior EIR, but the assessment and compliance with the MSHCP are not new information that was not known and could not have been known with the exercise of reasonable diligence at the time of the Prior EIR.

Suitable habitat for burrowing owl, white-tailed kite, grasshopper sparrow, and mountain plover exists within the Study Area. These animal species are all covered under the MSHCP. With the City’s participation and implementation of the MSHCP, any direct and indirect impacts to sensitive species would be less than significant with the payment of the mitigation fee and compliance with all applicable requirements of the MSHCP. This provides full mitigation under the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the California Endangered Species Act (CESA) for impacts to MSHCP covered species and habitats. Compliance with the MSHCP and payment of MSHCP fees are not new information that was not known and could not have been known with the exercise of reasonable diligence at the time of the Prior EIR.

Therefore, the conclusions presented in the Prior EIR remain unchanged. No new significant impacts or substantial increase in the severity of significant impacts would 20 Leal Master Plan Draft EIR, July 2015, Page 3.7-7
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occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.

Mitigation Measures: Several measures have already been satisfied and are shown in light grey format. The mitigation measures applicable to the Modified Project are listed below.

MSHCP Standard Condition: Note: The following discussion highlights the requirements of the MSHCP, which are standard requirements applicable to project sites within the MSHCP boundaries. Because the MSHCP has been adopted by the City, it is not necessary to adopt a mitigation measure to enforce its provisions.

The MSHCP requires that projects pay a mitigation fee, perform speciesspecific habitat assessments and surveys, and be reviewed for consistency with Section 6.1.2–Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool, Section 6.1.3–Protection of Narrow Endemic Plan Species, Section 6.3.2–Additional Survey Needs and Procedures, and Section 6.1.4–Guidelines Pertaining to the Urban/Wildlands Interface of the MSHCP.

The following requirements of the MSHCP apply to the proposed Project and will be required of all subsequent development plans and/or projects within the Leal Master Plan area:

A. The Project applicant shall submit fees to the City in accordance with the requirements of the MSHCP Mitigation Fee Ordinance (Chapter

4.62 of the City of Eastvale Municipal Code).

B. The project applicant shall assess the proposed project’s consistency with Section 6.1.2, Section 6.1.3, Section 6.3.2, and Section 6.1.4 of the MSHCP.

C. A qualified biologist shall conduct a burrowing owl habitat assessment. If needed, focused surveys and preconstruction surveys shall be conducted, as well as appropriate avoidance and minimization (Section 6.3.2 of the MSHCP).

D. A qualified biologist shall conduct habitat assessments for the required Narrow Endemic Plant Species. If needed, focused surveys and shall be conducted, as well as appropriate avoidance and minimization (Section 6.1.3 of the MSHCP).

E. A qualified biologist shall conduct a habitat assessment for Delhi sands flower-loving fly in areas underlain by Delhi soil series (Speciesspecific Objective 1B). 52478
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As noted above, because the City has adopted the MSHCP and enforces its provisions, these requirements are fully enforceable under the City’s Code as standard conditions.

MM 3.7.1 All construction and clearing activities shall be conducted outside of the avian nesting season (January 15–August 31), when feasible. If clearing and/or construction activities occur during the nesting season, preconstruction surveys for nesting raptors, special-status resident birds, and other migratory birds protected by the Migratory Bird Treaty Act shall be conducted by a qualified biologist, up to 3 days before initiation of construction activities. The qualified biologist shall survey the construction zone and a 250-foot radius surrounding the construction zone to determine whether the activities taking place have the potential to disturb or otherwise harm nesting birds.

If an active nest is located within 100 feet (250 feet for raptors) of construction activities, the Project applicant shall establish an exclusion zone (no ingress of personnel or equipment at a minimum radius of 100 feet or 250 feet, as appropriate, around the nest). Alternative exclusion zones may be established through consultation with the CDFW and the USFWS, as necessary. The City shall be notified if altered exclusions zones widths are authorized by these agencies prior to the initiation of work. The exclusion zones shall remain in force until all young have fledged.

Timing/Implementation: Requirements shall be incorporated into all rough and/or precise grading plan
documents. The Project applicant’s
construction inspector shall monitor to ensure
that measures are implemented during
construction.

Enforcement/Monitoring: City of Eastvale Planning Department MM 3.7.2 Prior to breaking ground, a qualified biologist shall be retained to determine whether potentially jurisdictional waters are present. If potentially jurisdictional features are identified, the project applicant shall submit a preliminary jurisdictional determination to the US Army Corps of Engineers for verification. The verified delineation will be submitted to the City for its records.

Timing/Implementation: Prior to approval of grading permits Enforcement/Monitoring: City of Eastvale Planning Department 52579
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MM 3.7.3 Projects shall result in no net loss of sensitive habitats, riparian vegetation, and/or federally protected waters through impact avoidance, impact minimization, and/or compensatory mitigation, as determined in Clean Water Act Section 404 and 401 permits and/or a 1602 Streambed Alteration Agreement. Evidence of compliance with this mitigation measure shall be provided to the City prior to approval of each individual grading permit.

Timing/Implementation: Prior to approval of grading permits Enforcement/Monitoring: City of Eastvale Planning Department Conclusion: A Biological Assessment of the Modified Project determined impacts to biological resources would be less than significant with mitigation incorporated.

Mitigation Measures 3.7.2 and 3.7.3 presented in the Prior EIR have been fulfilled.

Mitigation Measure 3.7.1 remains applicable as presented in the Prior EIR to reduce impacts to nesting birds to less than significant. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Mitigation Measure 3.7.1 remains applicable to the Modified Project.
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2.5 Cultural Resources
Issues:

New
Potentially
Significant
Impact
New
Mitigation is
Required
No New
Impact/No
Impact
Reduced
Impact
CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
§ 15064.5?
☐ ☐ ☒ ☐
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to § 15064.5?
☐ ☐ ☒ ☐
c) Disturb any human remains, including those
interred outside of formal cemeteries? ☐ ☐ ☒ ☐
Discussion: The Prior EIR conducted a records search and determined that no designated or previously identified cultural resources, such as prehistoric sites, historic sites, historic buildings/structures, and isolated artifacts, occur on the Project site.

However, the Prior EIR indicated that a formal analysis had not been conducted and whether cultural resources or human remains are present could not be determined.21 Mitigation Measure 3.8.1 required that future development plans and Projects prepare site-specific cultural resource field surveys and studies.

A site-specific cultural resources study has been prepared for the Modified Project.

The report, “Cultural and Paleontological Resources Assessment, October 2021,” prepared by Duke CRM is included in Appendix D. The study included a records search and intensive pedestrian field survey of the site on June 17 and 18, 2021. a) The Prior EIR concluded that while there are no designated or previously identified cultural resources, the Project area had not been formally evaluated for the cultural resources and as a result it was unknown at the time whether cultural resources or human remains were present onsite. As a result, Mitigation Measure 3.8.1 was required within the Prior EIR, which included a detailed, site-specific cultural resource field survey to identify any cultural resources onsite. As part of the Modified Project a Cultural and Paleontological Resources Assessment was prepared (Appendix D) and included both a records search and field survey, which satisfies this mitigation measure. The records search identified two previously recorded cultural resources with ½ mile of the Project site. The resource located off the Project site consists of historic debris, which would not be impacted by the proposed Project. The second result of the records search is the Leal Property itself. A thorough assessment of the Leal Property, including the structures on the property, determined that Property is not 21 Leal Master Plan Draft EIR, July 2015, Section 3.8.5, Page 3.8-3 52781
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eligible for the National Register of Historic Places (NRHP), the California Register of Historical Resources (CRHR), or local designation. Additionally, the field survey did not identify any cultural resources on the Project site. Based on the low sensitivity for cultural resources occurring on the Project site, no archaeological monitoring is required during ground disturbing activities.

Therefore, the conclusions presented in the Prior EIR remain unchanged. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project. Mitigation Measure MM 3.8.1 has been satisfied and no new mitigation is necessary. While determined to be highly unlikely, Mitigation Measures MM 3.8.2 and MM 3.8.3 would remain applicable to the Modified Project.

Impacts would remain less than significant with mitigation. b) Archaeological record surveys were conducted as part of the Prior EIR and as part of the Cultural and Paleontological Resources Assessment prepared for the Modified Project. Furthermore, an extensive pedestrian field survey of the Project site took place over two days for the Modified Project. No archaeological resources were identified on the Project site from the records search or the field surveys. The Cultural Resources Assessment for the Modified Project concluded that a low sensitivity exists for archaeological resources to occur on site and therefore, no archaeological monitoring is required during site disturbance activities, such as grading.

The Modified Project would not change the limits of disturbance, which encumbers the entire site, therefore the analysis and conclusions presented in the Prior EIR remain unchanged. Mitigation Measure MM 3.8.1 has been satisfied and no new mitigation is necessary. While determined to be highly unlikely, Mitigation Measures MM 3.8.2 and MM 3.8.3 would remain applicable to the Modified Project. Impacts would remain less than significant with mitigation.
c) The Prior EIR did not identify any evidence suggesting the Project site was used in the past for human burials. The Modified Project would not change the limits of disturbance, which encumbers the entire site, therefore the analysis and conclusions presented in the Prior EIR remain unchanged. Because existing laws and regulations would ensure that impacts on any buried human remains would be reduced to a level below significance, the Modified Project’s impact related to the potential of encountering human remains would be less than significant.

Therefore, the conclusions presented in the Prior EIR remain unchanged. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.

Mitigation Measures: Mitigation Measure MM 3.8.1 has already been satisfied and is shown in light grey format. The mitigation measures applicable to the Modified Project that remain in place are listed below.
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MM 3.8.1 A detailed cultural resources field survey of the subject property shall be conducted prior to approval of the project. The cultural resources field survey shall identify any cultural resource finds and will set out measures to mitigate any impacts to any significant resources as defined by CEQA, the California Register of Historical Resources, and/or the National Historic Preservation Act. Mitigation methods to be employed include but are not limited to the following:
• Redesign of the development project to avoid the resource. The resource site shall be deeded to the City or a nonprofit agency to be approved by the City for maintenance of the site.
• If avoidance is determined to be infeasible by the City, the resource shall be mapped, stabilized, and capped pursuant to appropriate standards.
• If capping is determined to be infeasible by the City, the resource shall be excavated and recorded to appropriate standards.

Timing/Implementation: Prior to approval of development plan or project
Enforcement/Monitoring: City of Eastvale Planning Department MM 3.8.2 If cultural resources (i.e., prehistoric sites, historic sites, and isolated artifacts) are discovered during grading or construction activities in the Project area, work shall be halted immediately within 50 feet of the discovery, the City Planning Department shall be notified, and a professional archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards in archaeology and/or history shall be retained to determine the significance of the discovery.

The City shall consider mitigation recommendations presented by a professional archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards in archaeology and/or history for any unanticipated discoveries. The City and the Project applicant of the site where the discovery is made shall consult and agree on implementation of a measure or measures that the City deems feasible.

Such measures may include avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures.

The Project applicant shall be required to implement any mitigation necessary for the protection of cultural resources.
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Timing/Implementation: As a condition of project approval and implemented during grading and/or
construction activities
Enforcement/Monitoring: City of Eastvale Planning Department MM 3.8.3 If human remains are discovered during any ground-disturbing activities in the Project area, all work shall be halted immediately within 50 feet of the discovery, the City Planning Department shall be notified, and the Riverside County Coroner must be notified per California Public Resources Code Section 7050.5 and California Health and Safety Code Section 5097.98. If the remains are determined to be Native American, the coroner will notify the Native American Heritage Commission, and the procedures outlined in CEQA Section 15064.5(d) and (e) shall be followed.

Timing/Implementation: As a condition of project approval and implemented during grading and/or
construction activities
Enforcement/Monitoring: City of Eastvale Planning Department Conclusion: The Modified Project would not change the limits of disturbance compared to the Original Project and no conditions or circumstances have changed relative to historical, archaeological, or tribal cultural resources on the Project site.

Therefore, the analysis and conclusions presented in the Prior EIR remain unchanged for the Modified Project. The Prior EIR identified Mitigation Measures MM 3.8.1 through 3.8.4 to reduce impacts associated with archaeological and paleontological resources to less than significant. Mitigation Measure MM 3.8.1 has been satisfied and is no longer applicable, and Mitigation Measures MM 3.8.2 and 3.8.3 remain applicable to the Modified Project. Mitigation Measure 3.8.4 has been revised and is presented in Section 2.7 Geology and Soils, consistent with the revisions to CEQA Guidelines Appendix G.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and impacts remain less than significant with mitigation as presented in the Prior EIR. 53084
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2.6 Energy
Issues:

New
Potentially
Significant
Impact
New
Mitigation is
Required
No New
Impact/No
Impact
Reduced
Impact
ENERGY. Would the project:
a) Result in potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
☐ ☐ ☒ ☐
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
☐ ☐ ☒ ☐
Discussion: Since preparation of the Prior EIR, CEQA Guidelines Appendix G has been revised to include a specific section on Energy. The Prior EIR analyzed potential impacts associated with energy consumption in the Utilities section. A Project-specific energy analysis was prepared for the Modified Project. The analysis is included in "Air Quality, GHG, and Energy Impact Study”, prepared by RK Engineering Group, Inc., dated December 22, 2021, is included in Appendix B. The Prior EIR concluded the increase in energy consumption from the Original Project would be less than significant. No changes to the conclusions presented in the Prior EIR would occur for the Modified Project as confirmed by the Energy Study.
a, b) The Energy Study for the Modified Project quantified projected energy use of electricity, natural gas, and petroleum. The Energy Study determined the Modified Project would not cause a wasteful, inefficient, or unnecessary consumption of energy resources with implementation of the mandatory requirements of California’s Building Energy Efficiency Standards (Title 24, Part 6) and Green Building Standards (CALGreen, Title 24, Part 11). California’s building energy efficiency standards are some of the strictest in the nation and the Project’s compliance with California’s building code will ensure that wasteful, inefficient or unnecessary consumption of energy is minimized. The building standards code is designed to reduce the amount of energy needed to heat or cool a building, reduce energy usage for lighting and appliances and promote usage of energy from renewable sources.

Additionally, the Modified Project would not obstruct or conflict with renewable energy plans. Future occupants of the Modified Project will purchase electricity through Southern California Edison which is subject to the requirements of California Senate Bill 100 (SB 100). SB 100 is the most stringent and current energy legislation in California; requiring that renewable energy resources and zero-carbon resources supply 100% of retail sales of electricity to California end-use customers and 100% of electricity procured to serve all state agencies by December 31, 2045. 53185
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Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.

Mitigation Measures: No mitigation required.

Conclusion: The Energy Study prepared for the Modified Project provides greater sitespecific detail and analysis than the information presented in the Prior EIR, but the assessment and compliance with energy standards and regulations are not new information that was not known and could not have been known with the exercise of reasonable diligence at the time of the Prior EIR. The changes associated with the Modified Project would not cause wasteful, inefficient, or unnecessary consumption of energy resources or obstruct renewable energy plans. Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
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2.7 Geology and Soils
Issues:

New
Potentially
Significant
Impact
New
Mitigation
is Required
No New
Impact/No
Impact
Reduced
Impact
GEOLOGY AND SOILS. Would the project:
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury or
death involving:
☐ ☐ ☒ ☐
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
☐ ☐ ☒ ☐
ii) Strong seismic ground shaking? ☐ ☐ ☒ ☐
iii) Seismic-related ground failure, including
liquefaction? ☐ ☐ ☒ ☐
iv) Landslides? ☐ ☐ ☒ ☐
b) Result in substantial soil erosion or the loss of
topsoil? ☐ ☐ ☒ ☐
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in onor off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
☐ ☐ ☒ ☐
d) Be located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code (1994),
creating substantial risks to life or property?
☐ ☐ ☒ ☐
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative waste water
disposal systems where sewers are not available
for the disposal of waste water?
☐ ☐ ☒ ☐
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
☐ ☐ ☒ ☐
Discussion: The analysis presented in the Prior EIR was based on a review of published information, surveys, and reports regarding regional geology and soils. Information was obtained from private and governmental agencies and Internet websites, 53387
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including the Natural Resources Conservation Service (NRCS), the California Geological Survey (CGS), and the US Geological Survey (USGS). 22 A site-specific geotechnical evaluation was prepared for the Modified Project. The report, “Preliminary Geotechnical Evaluation Including Near Surface Organic Content for the Proposed Approximately 160‐Acre “Leal” Property, City of Eastvale, California,” prepared by LGC Geotechnical, Inc. and dated June 21, 2021, and “Geotechnical Responses to City Reviewer Geotechnical Review Comments dated February 16, 2022 for the Proposed Approximately 160-Acre “Leal” Property, City of Eastvale, California,” prepared by LGC Geotechnical, Inc. and dated April 5, 2021, is included in Appendix E.
a- i) As indicated in the Prior EIR, the Project site is not located within a State of California Alquist-Priolo Earthquake Fault Zone. The Geotechnical Evaluation prepared for the Modified Project confirmed this conclusion and determined that no faults were identified on the Project site as part of the site evaluation. The Modified Project does not change the Project boundary or the conclusion that the potential for rupture of an earthquake fault is less than significant. Therefore, the conclusions presented in the Prior EIR remain unchanged. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
a – ii) The Project site would be subject to strong ground shaking, as is most of Southern California. The Prior EIR concluded that impacts would be less than significant. The Modified Project does not change the limits of disturbance or the underlying geology. The Modified Project is subject to California Building Code (CBC), which establishes seismic standards for new construction. Furthermore, the Geotechnical Evaluation report evaluated seismic characteristics of the Project site and found no unique conditions, new information, or changes in circumstances pertaining to seismic impacts that were not known or could not have been known with the exercise of reasonable diligence at the time of the Prior EIR.

The Modified Project includes a Project Design Feature (PDF), which is a component of the Modified Project’s Project Description, that incorporates the recommendations presented in the Geotechnical Evaluation report. Many of these recommendations require compliance with adopted standards and codes. Some of the recommendations provide greater site-specific details and analysis than the information presented in the Prior EIR, but these recommendations are not a substantial change with respect to the circumstances under which the project is undertaken or new information that was not known and could not have been known with the exercise of reasonable diligence at the time of the Prior EIR. With 22 Leal Master Plan Draft EIR, July 2015, Section 3.9.4, Page 3.9-2 53488
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incorporation of the geotechnical recommendations, impacts from ground shaking would be less than significant.

Therefore, the conclusions presented in the Prior EIR remain unchanged. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
a-iii) The Prior EIR concluded based on Map My County23, the Project site is located in an area mapped as having “moderate” and “high” liquefaction potential and concluded the potential impact is less than significant. The Geotechnical Evaluation prepared for the Modified Project determined that site soils are not generally susceptible to liquefaction due to a lack of groundwater in the upper 50 feet. Records indicate groundwater levels recorded in the area are at depths greater than 100 feet below the ground surface. However, isolated layers are susceptible to dry sand seismic settlement. Total dynamic settlement is estimated to be on the order 0.5-inch or less.

Differential settlement is estimated as half of the total settlement over a horizontal span of 40 feet, which would be minimal.

The Geotechnical Evaluation provides greater site-specific detail and analysis than the information presented in the Prior EIR, but this is not a substantial change with respect to the circumstances under which the project is undertaken or new information that was not known and could not have been known with the exercise of reasonable diligence at the time of the Prior EIR. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant. a-iv) The Prior EIR determined that given the flatness of the Project site, there is no potential for landslides to occur on or near the Project site. The Geotechnical Evaluation for the Modified Project confirms that conclusion. Therefore, the conclusions presented in the Prior EIR remain unchanged. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
b) As analyzed in the Prior EIR, the loss of topsoil or soil erosion can occur with any development of the Project site regardless of design. The design revisions associated with the Modified Project would not substantially increase the risk of topsoil loss or erosion. As indicated in the Geotechnical Response dated April 5, 2022 (Appendix E), “The proposed grading activities that will be part of the development of the subject site will include removal of the topsoil across the site and replacement with engineered fill material. The proposed grading plan does not have any natural or 23 Leal Master Plan Draft EIR, July 2015, Section 3.9.3, Page 3.9-3 53589
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steep slopes that would be subject to excessive erosion. The ground surface at the completion of grading will be engineered fill with typical site drainage and typical slope inclinations.” During construction, the Modified Project site is subject to the requirements of a National Pollutant Discharge Elimination System (NPDES) General Construction Permit, which requires Best Management Practices (BMPs) to prevent erosion or soil loss during construction.

Therefore, the conclusions presented in the Prior EIR remain unchanged. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
c) The stability of the geologic unit underlying the Project site was analyzed in the Prior EIR and impacts were determined to be less than significant. The Geotechnical Evaluation provides a site-specific evaluation and determined the near-surface loose and compressible soils are not suitable for development in the present condition given the quantity of organic rich soils. The Geotechnical Evaluation provides greater site-specific detail and analysis than the information presented in the Prior EIR, but this is not a substantial change with respect to the circumstances under which the project is undertaken or new information that was not known and could not have been known with the exercise of reasonable diligence at the time of the Prior EIR.

Total organic carbon content generally greater than 2 percent is not suitable for compacted fill soils. From a geotechnical perspective, onsite soils are anticipated to be suitable for use as general compacted fill provided the high organic content soils (soils with organic content greater than 5 percent) are removed from the site and the remaining soils with organic content between 2 and 5 percent are blended and mixed with “clean” soils and screened of construction debris and any oversized material (8 inches in greatest dimension). Therefore, as described in the Project Description and included in Project Design Feature PDF GEO-1, the top layer of organic materials must be removed from the Project site, resulting in approximately 354,400 cubic yards of export. With implementation of the PDFs, the Project site would be suitable for development.

Therefore, the conclusions presented in the Prior EIR remain unchanged. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
d) The Prior EIR concluded that based on literature and mapping, the on-site soils would not have a high expansion potential. The Geotechnical Evaluation prepared for the Modified Project includes a more detailed site-specific analysis and concludes based on laboratory testing that site soils are anticipated to have “Very Low” expansion potential.
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Therefore, the conclusions presented in the Prior EIR remain unchanged. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
e) No septic tanks or alternative wastewater disposal systems were proposed with the Original Project. The Modified Project also does not propose the use of septic systems. Therefore, the conclusions presented in the Prior EIR remain unchanged. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
f) The Cultural and Paleontological Resources Assessment prepared for the Modified Project determined the Project site includes areas of high sensitivity for paleontological deposits (Cultural and Paleontological Resources Assessment, October 2021, prepared by Duke CRM; Appendix D). While no paleontological resources were identified on the Project site during the field surveys, multiple fossil localities have been documented with three miles of the Project site. The eastern portion of the Project site has a higher potential for paleontological resources than the remainder of the site. Therefore, paleontological monitoring in the eastern portion of the site is required during ground disturbance. The Prior EIR included Mitigation Measure MM 3.8.4, which requires that a qualified paleontologist evaluate any paleontological discoveries during grading. The potential for paleontological discoveries has not changed since certification of the Prior EIR and the limits of disturbance have remained the same. This mitigation measure is being revised in this Addendum to require a qualified paleontologist monitor grading activities on the eastern portion of the site, which is more efficient for grading activities instead of the requirement to call a monitor to the site to evaluate paleontological resources if found during grading. Therefore, no change in analysis from the Prior EIR would occur and Mitigation Measure MM 3.8.4 remains applicable to the Modified Project as modified.

Therefore, the conclusions presented in the Prior EIR remain unchanged. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant with implementation of the following mitigation measure as presented in the Prior EIR.

Mitigation Measures: The mitigation measure applicable to the Modified Project, which was previously included within the Cultural Resource Section, remains in place, however this mitigation measure has been modified to require paleontological monitoring during ground disturbing activities. The revised language is in underline and strike-through format as shown below.

MM 3.8.4 Prior to issuance of a grading permit, a certified professional 53791
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paleontologist will be retained by the developer to provide professional paleontological services, which will include survey, education of construction workers, onsite construction monitoring, appropriate recovery, and reporting.

A paleontological monitor shall be present during ground disturbing activities in the eastern half of the Project. The monitor shall work under the direct supervision of a qualified paleontologist (B.S./B.A. in geology, or related discipline with an emphasis in paleontology and demonstrated competence in paleontological research, fieldwork, reporting, and curation).

1. The qualified paleontologist shall be on-site at the pre-construction meeting to discuss monitoring protocols.

2. The paleontological monitor shall be present full-time during ground disturbance in the eastern half of the Project, including but not limited to grading, trenching, utilities, and offsite easements. If, after excavation begins, the qualified paleontologist determines that the sediments are not likely to produce fossil resources, monitoring efforts shall be reduced.

3. The monitor shall be empowered to temporarily halt or redirect grading efforts if paleontological resources are discovered.

4. In the event of a paleontological discovery the monitor shall flag the area and notify the construction crew immediately. No further disturbance in the flagged area shall occur until the qualified paleontologist has cleared the area.

5. In consultation with the qualified paleontologist the monitor shall quickly assess the nature and significance of the find. If the specimen is not significant it shall be quickly mapped, documented, removed, and the area cleared.

6. If the discovery is significant the qualified paleontologist shall notify the CLIENT and CITY immediately.

7. In consultation with the CLIENT and CITY the qualified paleontologist shall develop a plan of mitigation which will likely include full-time monitoring, salvage excavation, scientific removal of the find, removal of sediment from around the specimen (in the laboratory), research to identify and categorize the find, curation of the find in a local qualified repository, and preparation of a report summarizing the find. 53892
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For the remaining portions of the Project site, if If any paleontological resources (fossils) are discovered during grading or construction activities in the Project area, work shall be halted immediately within 50 feet of the discovery, and the City Planning Department shall be immediately notified. At that time, the City will coordinate any necessary investigation of the discovery with a qualified paleontologist.

The City shall consider the mitigation recommendations of the qualified paleontologist for any unanticipated discoveries of paleontological resources. The City and the Project applicant shall consult and agree on implementation of a measure or measures that the City deems feasible and appropriate. Such measures may include avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures. The Project applicant shall be required to implement any mitigation necessary for the protection of paleontological resources.

Timing/Implementation: As a condition of project approval and implemented during grading and/or
construction activities
Enforcement/Monitoring: City of Eastvale Planning Department Conclusion: A site-specific Geotechnical Evaluation report was prepared for the Modified Project. The Geotechnical Evaluation provides greater site-specific detail and analysis than the information presented in the Prior EIR but not new information that was not known and could not have been known with the exercise of reasonable diligence at the time of the Prior EIR. The additional analysis performed for the Modified Project introduces additional evidence in the record that impacts remain as described in the Prior EIR and less than significant. Therefore, no changes to the conclusions presented in the Prior EIR are warranted No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant with mitigation incorporated.
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2.8 Greenhouse Gas Emissions
Issues:

New
Potentially
Significant
Impact
New
Mitigation
is Required
No New
Impact/No
Impact
Reduced
Impact
GREENHOUSE GAS EMISSIONS. Would the project:
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant
impact on the environment?
☐ ☐ ☐ ☒
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing
the emission of greenhouse gases?
☐ ☐ ☐ ☒
Discussion: The Prior EIR analyzed Greenhouse Gas (GHG) emissions from the Original Project by quantifying emissions of metric tons (MT) of Carbon Dioxide (CO2) equivalents (CO2e) from construction and operations. The Prior EIR relied on the California Emissions Estimator Model (CalEEMod) version 2013.2.2 computer program developed by the South Coast Air Quality Management District (AQMD). The Prior EIR determined the Original Project would generate 105,649 CO2e metric tons (MT) per year. The analysis took credit for State-led GHG reduction measures, such as low carbon fuel standards and green building code standards. The reduction dropped CO2e emissions to 77,375 MT per year24. The Prior EIR concluded that emissions from the Original Project represented a 26.7 percent reduction from Business as Usual, greater than the threshold of significance of 21.7 percent, resulting in a less than significant impact.

An analysis of the GHG emissions for the Modified Project is included in the report, “Leal Master Plan Amendment Project Air Quality, Greenhouse Gas, and Energy Impact Study,” prepared by RK Engineering Group, Inc. and dated December 22, 2021, included in Appendix B. The GHG Study determined the Modified Project would generate approximately 32,220 MT CO2e per year. Compared to the Original Project with CO2e emissions of 77,375 MT per year, the Modified Project (32,220 MT CO2e per year) would reduce GHG emissions by 45,155 MT CO2e per year, which represents an approximately 58% reduction in GHG emissions.
a) The Prior EIR determined the Original Project would generate 77,375 MT CO2e, which represented a 26.7% reduction from Business as Usual, which is a greater reduction than the 21.7% threshold of significance. By comparison, the Modified Project would generate approximately 32,220 MT CO2e per year, which is 45,155 MT 24 The 77,375 MT CO2e emissions per year are 2035 levels. The GHG Study prepared by RK Engineering Group (Appendix B) used 2020 emission levels of 74,317 MT CO2e per year in Table 20 for comparison with the Modified Project emissions. Since 2020 emission levels have passed, this Addendum relies on the 2035 emission levels for comparison.
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CO2e per year less than the Original Project, which represents an approximately 58% reduction in GHG emissions. Therefore, the Modified Project would generate less GHG emissions than the Original Project.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
b) The project will be required to comply with the mandatory requirements of the latest 2019 California Building Standards Code, including Title 24, Part 11, CALGreen and Title 24, Part 6, Energy Code. The purpose of the building standards is to reduce negative impacts on the environment through improved planning and design, energy efficiency, water efficiency and conservation and material and resource conservation.

The California Building Standards were developed to help meet the requirements of the Global Warming Solutions Act (AB 32). As part of the latest Energy Code requirements, the project will be required to include rooftop solar panels, community solar panels, and/or other sources of on-site renewable energy capable of meeting the required California Energy Code Energy Design Rating. Therefore, by complying with the City’s GHG reduction policy the project would not conflict with an applicable plan, policy, or regulation for the purpose of reducing the emissions of greenhouse gases.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.

Mitigation Measures: No mitigation required.

Conclusion: The Modified Project would reduce the amount of GHG emissions by approximately 58% compared to the Original Project and remain consistent with State policies for the reduction in GHG emissions. Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
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2.9 Hazards and Hazardous Materials
Issues:

New
Potentially
Significant
Impact
New
Mitigation
is Required
No New
Impact/No
Impact
Reduced
Impact
HAZARDS AND HAZARDOUS MATERIALS. Would
the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?
☐ ☐ ☒ ☐
b) Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
☐ ☐ ☒ ☐
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or
proposed school?
☐ ☐ ☒ ☐
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code section 65962.5 and, as a
result, would it create a significant hazard to the
public or the environment?
☐ ☐ ☒ ☐
e) For a project within an airport land use plan or,
where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project result in a safety hazard or
excess noise for people residing or working in the
project area?
☐ ☐ ☒ ☐
f) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
☐ ☐ ☒ ☐
g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or
death involving wildland fires?
☐ ☐ ☒ ☐
Discussion: The Prior EIR evaluated the Project site as a former dairy farm and agricultural use and concluded that the Project site was suitable for development with a mix of residential and commercial uses. The Prior EIR also concluded that the existing buildings on the Project site may contain asbestos, lead paint, or polychlorinated biphenyls (PCB) and that demolition of the existing structures could expose the environment or humans to hazardous materials. Mitigation Measures MM

3.10.2a, 3.10.2b, and 3.10.2c were included to reduce all impacts related to potential hazardous building materials on-site to less than significant. 54296
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The Modified Project includes two site-specific analysis of the Project site. The first study is a “Phase I Environmental Site Assessment” prepared by Hillmann Consulting, March 23, 2022, and included in Appendix F.1. The second study, also prepared by Hillmann Consulting is a “Limited Phase II Subsurface Investigation Report” dated March 23, 2022, and included in Appendix F.2.

The Phase I Environmental Site Assessment identified five Recognized Environmental Conditions (RECs) on the Project site as follows:

REC #1 There is a possibility for elevated methane gas in soil vapor at areas where livestock wastes accumulated.

REC #2 A historical 550-gallon gasoline underground storage tank (UST) is considered to be a REC due to the possibility for undocumented spills to have occurred.

REC #3 Maintenance and repair of farm equipment and vehicles appears to have been conducted for an extended period of time in an area of the northern portion of the Property, which could have resulted in undocumented spills.

REC #4 The Property was utilized as orchards since approximately 1931 to 1950s, resulting in the potential for residual pesticide concentrations in shallow soils due to historic application of pesticides.

REC #5 The presence of discarded/abandoned drums due to the unknown content and possibility of undocumented chemical spills/releases.

In response to the RECs identified as part of the Phase I Environmental Site Assessment, a Limited Phase II Subsurface Investigation of the Project site was conducted. The Phase II investigation included 96 near surface soil samples and methane testing. The results of the analysis conclude:
- Soil samples detected low levels of 4,4’-dichlorodiphenyldichleorethylene (DDE) and 4,4’-dichlorodiphenyltrichoroethane (DDT), which did not exceed the applicable screening levels for residential applications. DDT was a common pesticide once widely used in the past for insect control for agriculture purposes. DDE is a breakdown product of DDT.
- Soil sample analysis for heavy metals identified low background levels of metals, which did not exceed the applicable screening levels for residential applications.
- Soil gas sampling determined no detectable concentrations of petroleum hydrocarbons or volatile organic compounds (VOC), and no heavy metal concentrations exceeding residential screening levels.
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- One sample had benzene concentrations that slightly exceed proposed residential screening levels (if they were to be adopted) but given the depth of the sample (14 feet) and consideration for attenuation provided by new construction, these very low concentrations do not pose a significant environmental or human health concern for the proposed residential use. - Methane testing identified three samples out of fifteen with detectable concentrations of methane. The methane distribution was determined to not be widespread and the areas that were investigated were still covered with animal waste. The treatment for the areas with detectable methane includes removal of animal waste (organics), which is planned as part of the Project Description and PDFs.

The Phase I and Phase II assessments provide greater site-specific detail and analysis than the information presented in the Prior EIR, but this is not a substantial change with respect to the circumstances under which the project is undertaken or new information that was not known and could not have been known with the exercise of reasonable diligence at the time of the Prior EIR. The Prior EIR evaluated the site as a former agricultural use being converted to allow a mix of uses including residential and commercial. The Modified Project would not change the limits of disturbance, which encumbers the entire site, or the existing site conditions. a) The Original Project included the same project boundaries and a mix of commercial and residential land uses. The Modified Project would change the intensity of certain land uses but retain the same mix of land uses. The Prior EIR concluded that neither commercial nor residential development is expected to involve the routine transport, use, or disposal of hazardous materials in significant quantities.25 The same conclusion would apply to the Modified Project because of the same mix of residential and commercial land uses.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
b) The Prior EIR determined construction activities could release hazardous materials into the environment, such as petroleum-based fuels or hydraulic fluid used for construction equipment. These materials are routine in construction projects and the risk would apply similarly to the Modified Project. Given the age of the structures on site, a possibility exists for asbestos and/or lead paint to occur within the construction materials used in the structures. The Prior EIR included three mitigation measures to reduce impacts to less than significant. Mitigation Measure MM 3.10.2a requires 25 Leal Master Plan Draft EIR, July 2015, Section 3.10.5, Page 3.10-3 54498
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testing for asbestos, lead paint, and polychlorinated biphenyls (PCB) prior to demolition of the existing structures on site. This mitigation measure would apply to the Modified Project and reduce impacts to less than significant.

Mitigation Measure MM 3.10.2b requires preparation of a Phase I Environmental Site Assessment prior to grading. A Phase I has been prepared for the Modified Project and is included in Appendix F.1. A portion of this mitigation measure has been satisfied, however compliance with the recommendations from a Phase II assessment remains a requirement.

Mitigation Measure MM 3.10.2c requires all trash and debris be removed from the Project site and disposed of properly. This mitigation measure would apply to the Modified Project and reduce impacts to less than significant.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant with implementation of mitigation measures.
c) The Project site is located within 0.20 miles of Harada Elementary School. The Prior EIR concluded:
“However, as described in response to Threshold 1, hazards to the public or to the environment through the routine use, handling, transport, and storage of hazardous materials would be subject to federal, state, and local health and safety requirements. The storage, handling, and disposal of hazardous materials are regulated by the EPA, OSHA, and the Fire Department. Therefore, the proposed Project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials.”
26 The Modified Project proposes the same mix of residential and commercial uses as the Original Project. Therefore, there is no change in the potential for release of hazardous materials during construction or operation of the Modified Project. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
d) The Phase I Environmental Site Assessment prepared for the Modified Project determined the Project site is not included on a list of hazardous materials sites and does not pose a risk to the public. Recent site inspections confirm no change in conditions would alter that conclusion presented in the Prior EIR. Therefore, no new 26 Leal Master Plan Draft EIR, July 2015, Section 3.10.3, Page 3.10-6 54599
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significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
e) The Project site is not located in an airport land use plan (see Figure 5) or near a private or public airstrip. The Modified Project would not change these findings.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
f) The Prior EIR concluded the Original Project would not impair the City’s ability to implement its emergency response plan or use its emergency evacuation routes. The Modified Project includes less intensive development than the Original Project. As shown in Section 2.17, the Modified Project would reduce trip generation by 27,764 average daily vehicle trips, thereby reducing the number of potential vehicles on local roadways that may be used by emergency vehicles or for evacuation in the event of an emergency. The Modified Project would improve the surrounding circulation system with additional travel lanes on Limonite and Hamner and the Modified Project would contribute to fewer local roadway trips than the Original Project. The Modified Project would complete street improvements on all four surrounding streets. Therefore, as a result of the Modified Project proposing less intensive development than the Original Project and proposing to complete the surrounding street system, no new impacts would occur, and the conclusions presented in the Prior EIR remain unchanged.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
g) The Prior EIR concluded the Project site is not designated as a fire hazard severity zone. Since there are no changes to the boundaries of the Modified Project, the conclusions in the Prior EIR remain applicable. Furthermore, the California Department of Forestry and Fire Protection (CalFire) website was reviewed; and no change of fire hazard severity designation has occurred on the Project site since the Prior EIR was prepared and adopted27. Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
27 CalFire (California Department of Forestry and Fire Protection). 2022. Cal Fire website. http://www.fire.ca.gov/.
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











       N.T.S. N
Source: Meet&Hunt (June 2008)
Airport Land Use Plan Map
Figure 5
Leal Project Site
101 547
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Mitigation Measures: The measure that has already been satisfied is shown in light grey format. The mitigation measures applicable to the Modified Project that remain in place are listed below.

MM 3.10.2a Asbestos. Prior to the issuance of any permit for the demolition or alteration of existing structure(s), a letter shall be provided to the Planning Department from a qualified asbestos abatement consultant indicating that no asbestos-containing materials (ACM) are present in the building. If ACMs are found to be present, they will need to be abated in compliance with the South Coast Air Quality Management District’s Rule 1403 and all other applicable state and federal rules and regulations.

Lead Paint. Prior to issuance of any permit for the demolition or alteration of the existing structure(s), a lead-based paint survey shall be performed to the written satisfaction of the Eastvale Building Safety and Inspection Department. Should lead-based paint materials be identified, standard handling and disposal practices shall be implemented pursuant to OSHA regulations.

Polychlorinated Biphenyls. Prior to issuance of a demolition permit, a polychlorinated biphenyls (PCB) abatement contractor shall conduct a survey of the Project site to identify and assist with compliance with applicable state and federal rules and regulations governing PCB removal and disposal.

Timing/Implementation: Prior to the issuance of demolition permit Enforcement/Monitoring: City of Eastvale Building and Planning Departments
MM 3.10.2b Prior to the issuance of any individual grading permit, a Phase I Environmental Site Assessment (ESA) shall be conducted to determine the potential for contaminated soil or groundwater on the site. If the Phase I ESA determines that the potential exists for contaminated soil or groundwater on-site, the project applicant shall conduct a Phase II ESA and shall follow its recommendations to remediate any potentially contaminated soil or groundwater. On-site contaminants must be addressed to the satisfaction of either Cal/EPA or the Riverside County Waste Management Department, with their approval of completion of activities/remedial action plans (RAP) submitted to the Eastvale Department of Building and Construction prior to the issuance of a grading permit.
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Timing/Implementation: Prior to issuance of individual grading permit Enforcement/Monitoring: City of Eastvale Building and Planning Departments
MM 3.10.2c All trash and debris observed on-site shall be removed prior to construction activities and disposed of at a landfill or approved dumpsite.

Timing/Implementation: Prior to construction activities Enforcement/Monitoring: City of Eastvale Building and Planning Departments
Conclusion: A site-specific Phase I Environmental Site Assessment and a Limited Phase II Subsurface Investigation were prepared for the Modified Project. Those studies provide greater site-specific detail and analysis than the information presented in the Prior EIR. The additional analysis performed for the Modified Project introduces additional evidence in the record that impacts remain as described in the Prior EIR and less than significant with mitigation incorporated. The information provided is not a substantial change with respect to the circumstances under which the project is undertaken or new information that was not known and could not have been known with the exercise of reasonable diligence at the time of the Prior EIR. Therefore, no changes to the conclusions presented in the Prior EIR are warranted. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant with mitigation.
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2.10 Hydrology and Water Quality
Issues:

New
Potentially
Significant
Impact
New
Mitigation is
Required
No New
Impact/No
Impact
Reduced
Impact
HYDROLOGY AND WATER QUALITY. Would the
project:
a) Violate any water quality standards or waste
discharge requirements or otherwise substantially
degrade surface or groundwater quality?
☐ ☐ ☒ ☐
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge
such that the project may impede sustainable
groundwater management of the basin?
☐ ☐ ☒ ☐
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration
of the course of a stream or river or through the
addition of impervious surfaces, in a manner
which would:
☐ ☐ ☒ ☐
i) Result in substantial erosion or siltation
on- or off-site; ☐ ☐ ☒ ☐
ii) substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
offsite;
☐ ☐ ☒ ☐
iii) create or contribute runoff water which
would exceed the capacity of existing
or planned stormwater drainage
systems or provide substantial
additional sources of polluted runoff;
or
☐ ☐ ☒ ☐
iv) impede or redirect flood flows? ☐ ☐ ☒ ☐
d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation? ☐ ☐ ☒ ☐ e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?
☐ ☐ ☒ ☐
Discussion: The analysis in the Prior EIR determined the Original Project would have less than significant hydrology and water quality impacts. The Project site is located in Flood Hazard Zone X according to the Federal Emergency Management Agency 104 550
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(FEMA) Flood Insurance Rate Maps (FIRM)28. Flood Zone X indicates the site is subject to minimal risk of flooding.

Two site-specific technical studies were prepared for the Modified Project. One report is titled, “Preliminary Hydrology Analysis for Leal Ranch (Tentative Map No. 38290)” prepared by Hunsaker & Associates Irvine, Inc., and dated November 29, 2021 (Appendix G). The second report is the “Preliminary Water Quality Management Plan (PWQMP) for Tentative Map No. 38290,” prepared by Hunsaker & Associates Irvine, Inc., and dated November 29, 2021 (Appendix H).

The Modified Project proposes a series of storm drains to convey runoff from the Project site to an existing storm drain system within Limonite Avenue. This drainage pattern is consistent with the Eastvale Master Plan of drainage. The Modified Project also includes improvements, including catch basins within 58th Street, Hamner Avenue, Limonite Avenue, and Scholar Way. Catch basin laterals are proposed to join the existing storm drains within those perimeter streets. The Modified Project also includes two (2) water quality basins and one combined water quality/detention basin.

These basins may be located either on the surface or buried beneath the surface.

Current plans show these facilities buried beneath the surface, allowing for parks, parking lots, or other improvements on the surface above these facilities.

The proposed underground detention basin is currently sized approximately 360 feet long, 120 feet wide, and 6 feet deep. These dimensions may vary as long as equivalent storage is provided. Since the Original Project and Modified Project would convert the Project site from primarily pervious surface to largely impervious (80%), the detention basin is necessary to reduce peak storm flow rates to existing storm drain design flows.

The 100-year storm event is the major storm event used to size storm drain facilities.

During a 100-year storm event, storm flow of 252 cubic feet per second (cfs) would flow into the detention basin and flows of 82 cfs would flow out of the basin. The detention provided by the basin allows the runoff from the Modified Project to be less than the existing storm drain design flow rate, as shown in the following table.

Table 13. Existing Storm Drain Design Flow Rate29
Node
Flow without
Detention
(cfs)
Flow Reduction
from Detention
(cfs)
Flow after
Detention
(cfs)
Existing Storm Drain
Design Flow Rate
(cfs)
75 322.0 170.1 151.9 160.0
28 FEMA (Federal Emergency Management Agency). 2021. Flood Insurance Rate Map (FIRM) Panel 06065Co681G and 06065CO677G. Visited December 2021. http://msc.fema.gove/portal. 29 Table 2, from “Preliminary Hydrology Analysis for Leal Ranch (Tentative Map No. 38290),” prepared by Hunsaker & Associates Irvine, dated November 29, 2021. 105 551
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The PWQMP identified potential treatment options for runoff prior to discharge from the Project site in accordance with the Regional Water Quality Control Board Order No. R8-2010-0033 (MS4 Permit). The Original Project and Modified Project would change the existing Project site from largely pervious to a mix of 80% impervious and 20% pervious. As such, the Modified Project is required to treat runoff from the Project site. The MS4 Permit requires projects implement Low Impact Development (LID) principles to the extent feasible. The primary LID principle each Project must analyze is infiltration. Infiltration testing was conducted, and the infiltration rates do not meet minimum standards, therefore, infiltration cannot be relied upon as the primary treatment option. The Modified Project proposes biotreatment/bioretention basins that will allow for incidental infiltration. The biotreatment/bioretention basins rely on proprietary treatment of flows prior to discharge into the storm drain system off the Project site.
a) Short-term water quality requirements apply during construction and long-term water quality requirements apply for the built condition. The Prior EIR analyzed both conditions and determined impacts would be less than significant. During construction water quality impacts could occur from surface water pollutants such as sediment, oil, grease, and trash. Since the development area is greater than 1 acre, a Stormwater Pollution Prevention Plan (SWPPP) must be prepared to identify the best management practices (BMPs) to be implemented during construction.

Implementation of the SWPPP would reduce impacts to less than significant. The Modified Project includes the same amount of grading area as the Original Project and would also be subject to a SWPPP. Therefore, the analysis and conclusions presented in the Prior EIR remain unchanged for the Modified Project.

A Preliminary Water Quality Management Plan (PWQMP) was prepared for the Modified Project. The Modified Project relies on two underground biotreatment/bioretention basins that rely on proprietary treatment systems. An example of proprietary treatment system is a modular wetland, which has been accepted by most agencies. The Project site does not qualify to rely on infiltration as the primary source of treatment, however, the treatment basins will allow for incidental infiltration.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
b) The Prior EIR determined the Original Project would have a less than significant impact on groundwater recharge. Percolation tests were performed as part of the PWQMP for the Modified Project, which determined that existing percolation rates do not meet the minimum standards to rely on infiltration. Furthermore, the Geotechnical Study for the Modified Project determined that existing groundwater levels are greater than 100-feet below the ground surface (Preliminary Geotechnical Evaluation Including Near Surface Organic Content for the Proposed Approximately 160‐Acre “Leal” 106 552
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Property, City of Eastvale, California, prepared by LGC Geotechnical, Inc; Appendix E).

The low infiltration rates and low groundwater depth both indicate that the Project site is not substantially contributing to groundwater recharge.

Therefore, the analysis presented in the Prior EIR would apply to the Modified Project because the conditions remain the same. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant. c.i, c.iv) The Modified Project would not change the drainage patterns as analyzed in the Prior EIR for the Original Project. Runoff from the Project site continues to flow from north to south, collecting in the southwestern portion of the Project site near Limonite Avenue. No stream or river is located on the Project site. Storm flows are primarily captured in streets or sheet flow over vegetated land. The Modified Project includes details of a storm drain system that would collect surface flows in catch basin inlets in the streets and convey flows via a storm drain system under on-site roadways to an underground detention vault located southwest portion of the Project site.

The Modified Project would increase the amount of impervious surface compared to existing conditions. This increase in impervious surface would increase the amount of runoff, however, through the Project design, peak discharge from the Modified Project would be less than the existing condition and less than the design flows of the existing storm drain in Limonite Avenue. By containing the runoff within proposed and existing storm drains, the Modified Project would not cause erosion or siltation on or off the Project site. The Hydrology Study for the Modified Project provides greater sitespecific detail and analysis than the information presented in the Prior EIR, but this is not a substantial change with respect to the circumstances under which the project is undertaken or new information that was not known and could not have been known with the exercise of reasonable diligence at the time of the Prior EIR.

Therefore, the analysis and conclusions presented in the Prior EIR remain unchanged and no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary.

Impacts would remain less than significant.
c.ii - c.iii) As described above, the Modified Project includes a large subsurface detention basin to restrict peak flows during a 100-year storm event. The detention basin would outlet flows less than the design flows of the existing storm drain in Limonite Avenue. Therefore, the Modified Project would not create or contribute runoff water that would exceed the capacity of the existing stormwater drainage systems. Also as previously described, the Modified Project includes two biotreatment/bioretention facilities designed to treat initial storm flows to meet applicable local and state water quality requirements. Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with 107 553
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the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
d) The Original Project boundary is not located within a FEMA designated 100-year flood zone. The Modified Project does not change the Project boundary and is therefore also located outside of a FEMA designated 100-year flood zone. Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.

The Original Project site is located over 30 miles from the Pacific Ocean and not located near a large body of water, therefore, the Project site is outside of a tsunami inundation area and not at risk of impacts from a seiche. The Modified Project does not change the Project boundaries and is therefore located outside of a flood zone, and tsunami and seiche inundation area, and therefore not at risk of discharging pollutants during a flood, tsunami or seiche. Furthermore, areas disturbed by grading and construction for the Modified Project would be either paved or landscaped with vegetation to control surface erosion. Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
e) The Original Project boundaries are not located within a sustainable ground water management plan. The Modified Project does not change the Project boundaries and is therefore also located outside of a sustainable ground water management plan. The Project site is subject to the Regional Permit issued by the Regional Water Quality Control Board (MS4) and a PWQMP has been prepared to show how the Modified Project will comply with the MS4 requirements. Percolation tests were performed as part of the PWQMP for the Modified Project, which determined that existing percolation rates do not meet the minimum standards to rely on infiltration.

Furthermore, the Geotechnical Study for the Modified Project determined that existing groundwater levels are greater than 100-feet below the ground surface. The low infiltration rates and low groundwater depth both indicate that the Project site is not substantially contributing to groundwater recharge.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.

Mitigation Measures: No mitigation required.

Conclusion: The Modified Project includes a site-specific hydrology study and preliminary water quality management plan that confirm the analysis and conclusions presented in the Prior EIR. The information provided in the hydrology study and PWQMP is not a substantial change with respect to the circumstances under which the 108 554
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project is undertaken or new information that was not known and could not have been known with the exercise of reasonable diligence at the time of the Prior EIR. The Modified Project would reduce peak stormflow discharge below the design flow of the existing storm drain in Limonite Avenue and include water treatment measures consistent with the MS4 requirements. Therefore, the analysis and conclusions presented in the Prior EIR remain unchanged for the Modified Project. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
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2.11 Land Use and Planning
Issues:

New
Potentially
Significant
Impact
New
Mitigation is
Required
No New
Impact/No
Impact
Reduced
Impact
LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? ☐ ☐ ☒ ☐
b) Cause a significant environmental impact due to a
conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding
or mitigating an environmental effect?
☐ ☐ ☒ ☐

Discussion: On December 13, 2017, the City of Eastvale certified an Environmental Impact Report (EIR) (State Clearinghouse No. 2015031028) for the 158.6-acre30 Project site, adopted a Statement of Overriding Considerations for significant but unavoidable impacts, amended the Eastvale General Plan to incorporate the Leal Master Plan (including amending land use policies and the Land Use Map) and voted to adopt the Leal Master Plan and a corresponding change of zone from heavy agriculture (A-2) to Leal Master Plan. On January 10, 2018, the City held the second reading and adopted the Leal Master Plan and change of zone to Leal Master Plan.

The Leal Master Plan outlined a multistage planning and development process. The first stage included the adoption of the Leal Master Plan, which identified “the project objectives and specific parameters for the design and quality of overall future development of the project site.”31 Stage 2 of the development process was anticipated to focus on “preparing project-wide development criteria and guidelines that are not included in the Master Plan, creating detailed plans for the first phase(s) of development based on the criteria and guidelines included in the Master Plan.”32 The last development phase outlined in the Master Plan consists of the “submittal of specific development projects through the Development Plan Review process established in the Eastvale Zoning Code.”
33 The Modified Project consists of an amendment to the Leal Master Plan, Development Agreement, Tentative Tract Map (TTM), and Major Development Review. This represents Stage 2 of the development process outlined in the Leal Master Plan. The Leal Master Plan Amendment provides a Project-wide site plan and identifies 30 The Leal Master Plan EIR identifies the size of the Project site as 161 acres. Based on detailed engineering, the actual size of the Project site is 158.6 acres. 31 Leal Master Plan EIR, December 2017, Project Description Page 2.0-2 32 Leal Master Plan EIR, December 2017, Project Description Page 2.0-2 33 Leal Master Plan EIR, December 2017, Project Description Page 2.0-2 110 556
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permitted development intensities and development standards. The TTM creates both numbered lots for development areas and lettered lots for streets, parks, and open space.
a) The Prior EIR determined the Original Project would not physically divide an existing community. The Modified Project provides additional planning detail on future development of the Project site, consistent with the original Leal Master Plan. The boundaries of the Project site remain unchanged and the type of future development continues to provide a mix of residential and commercial uses.

Therefore, the Modified Project would not physically divide an existing community and no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
b) The Original Leal Master Plan did not establish a maximum number of dwelling units and no minimum development standards were identified. Therefore, development of the Project site had a wide range of flexibility. Given the wide flexibility, the Original Project established the following land use assumptions that were used in the Original Leal Master Plan EIR.

Table 14. Buildout Assumptions for the Original Project Land Use
660 multi-family homes (apartments)
1,525,000 square feet of general retail (shopping center) 460,000 square feet of general office
460,000 square feet of medical office
450 hotel rooms
100,000-square-foot civic center
The Modified Project proposes a land use intensity of 2,500 residential dwellings, 595,000 square feet of commercial uses and a fire station. As planned in the Stage 2 sequencing, the Modified Project continues to provide development flexibility to allow for development to occur in accordance with market conditions as part of Stage 3 planning. While no Stage 3 development plans have been prepared, the 2,500 dwelling units and 595,000 square feet of commercial uses have been allocated as shown in the following table for purposes of this Addendum. It is important to note that the following mix of uses is conceptual and may change during the Stage 3 planning processes. Since development of the site could take many years and each planning area requires a separate Stage 3 planning process, development of the Project site could vary from the assumptions provided in the table below. If changes to these assumptions occur in the future, the City is responsible to evaluate those changes and determine if additional environmental review pursuant to CEQA is required.
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Table 15. Buildout Assumptions for the Modified Project Land Use
1,840 medium density residential (400 single family
detached and 1440 single family attached)
660 high density residential (apartment units)
390,000 square feet of general retail (shopping center) 65,000 square feet of general office
65,000 square feet of medical office
75,000 square feet civic center (City Hall, Library, Police) 12,200 square feet fire station
The following table compares the development assumptions between the Original Project and the Modified Project.

Table 16. Land Use Comparison Table
Land Use Original
Project
Modified
Project
Difference
Medium Density
Residential
0 1,840 +1,840 units
High Density Residential 660 660 no change
Retail (Shopping Center) 1,525,000 390,000 -1,135,000 sf General Office 460,000 65,000 -395,000 sf
Medical Office 460,000 65,000 -395,000 sf
Hotel 450 0 - 450 rooms
Civic Center 100,000 75,000 - 25,000 sf
Fire Station 0 12,200 + 12,200 sf
Therefore, the Modified Project is consistent with adopted plans and policies governing the Project site. Furthermore, as analyzed in the Prior EIR and applicable to the Modified Project, the Project site is located within the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP); however, is not located within any MSHCP Criteria Areas, Cell Groups, or Subunits and is not located in survey areas for Amphibians, Mammals, or Special Linkage areas. As analyzed in Section 2.4, Biological Resources, the Project is consistent with the MSHCP and does not provide suitable habitat for sensitive species. Furthermore, as analyzed in the Prior EIR and applicable to the Modified Project, the Project site is not subject to any local policies, such as a tree preservation ordinance.

The conclusions presented in the Prior EIR remain unchanged and no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
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Mitigation Measures: No mitigation required.

Conclusion: The Modified Project is consistent with the City’s General Plan land use designation, density limit, and policies. The Modified Project is also consistent with the existing Zoning for the Project site as it continues to contain a mix of residential and non-residential uses. Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. No impacts would occur.
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2.12 Mineral Resources
Issues:

New
Potentially
Significant
Impact
New
Mitigation is
Required
No New
Impact/No
Impact
Reduced
Impact
MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and
the residents of the state?
☐ ☐ ☒ ☐
b) Result in the loss of availability of a locallyimportant mineral resource recovery site delineated on a local general plan, specific plan
or other land use plan?
☐ ☐ ☒ ☐
Discussion: In accordance with State CEQA Guidelines Section 15128, the Prior EIR determined that as a result of the absence of environmental resources or Project characteristics to produce impacts, the potential effect on Mineral Resources was found to be less than significant. The Modified Project would not change the limits of disturbance, which encumbers the entire site, therefore the analysis and conclusions presented in the Prior EIR remain unchanged. Furthermore, the site-specific geotechnical analysis evaluated the Project site’s soil conditions and found no mineral resources that would be a value to the region (Preliminary Geotechnical Evaluation Including Near Surface Organic Content for the Proposed Approximately 160‐Acre “Leal” Property, City of Eastvale, California, prepared by LGC Geotechnical, Inc; Appendix E).

Therefore, the Modified Project would not create any new or greater significant impacts.
a) Consistent with the findings in the Prior EIR, no known mineral resources are located on the Modified Project site, which is further evidenced by the fact that during extensive geologic subsurface exploration across the entire Project site, no mineral resources were observed. The Project site is mapped Mineral Resource Zone (MRZ) - 3 by the California Department of Conservation

34. MRZ-3 identifies areas containing
mineral deposits, the significance of which cannot be evaluated from available data, however, the extensive geologic subsurface exploration across the entire Project site confirmed no mineral resources are located onsite. Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
34 California Department of Conservation. 2022. California Department of Conservation Mineral Lands Classification website. https://maps.conservation.ca.gov/mineralresources/. 114 560
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b) The Eastvale General Plan designates the Project site for Leal Master Plan, permitting future development of residential and commercial uses. Therefore, no loss of mineral resources identified on any City land use maps would occur as a result of the Modified Project. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project. No new mitigation is necessary and impacts would remain less than significant.

Mitigation Measures: No mitigation required.

Conclusion: The Modified Project would not change the analysis or conclusions found in the Prior EIR and no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
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2.13 Noise
Issues:

New
Potentially
Significant
Impact
New
Mitigation
is Required
No New
Impact/No
Impact
Reduced
Impact
NOISE. Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in the
vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies?
☐ ☐ ☐ ☒
b) Generation of excessive groundborne vibration
or groundborne noise levels? ☐ ☐ ☐ ☒
c) For a project located within the vicinity of a
private airstrip or an airport land use plan or,
where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or
working in the project area to excessive noise
levels?
☐ ☐ ☒ ☐
Discussion: The Prior EIR analyzed potential construction, operation, and vibration noise associated with development of the Original Project and determined impacts associated with a substantial permanent increase in ambient noise levels would be significant and unavoidable, even after implementation of mitigation measures.

A Project-specific noise study was prepared for the Modified Project. The study, “Leal Master Plan Amendment Noise Impact Study” prepared by RK Engineering Group, Inc. on December 21, 2021, is included in Appendix I. The Noise study analyzed impacts associated with construction and operation of the Modified Project as presented in the Project Description.

The Modified Project includes the following Project Design Features (PDFs) that are recognized for reducing noise levels. The PDFs include:

NOI PDF-1 Prior to the issuance of building permits, the Project will demonstrate that building construction will achieve the minimum interior noise standard of 45 dBA CNEL for all residential units located along arterial roadways and/or adjacent to commercial uses, per the California Building Standards Code. The following noise control measures may be required for dwelling units located near adjacent roadways:
• Install sound barriers (masonry walls or walls with earth berms) between residences and noise sources.
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• Install double-paned or upgraded STC sound rated windows. • Provide sound insulating exterior walls and roofing systems. • Locate and/or design attic vents to minimize sound propagation into each home.
• Provide forced-air ventilation systems.
• Provide the necessary setbacks for dwelling units fronting along major roadways.

NOI PDF-2 The Project will comply with California Title 24 building insulation requirements for exterior walls, roofs and common separating assemblies (e.g. floor/ceiling assemblies and demising walls).

NOI PDF-3 For proper acoustical performance, all exterior windows, doors, and sliding glass doors will have a positive seal and leaks/cracks must be kept to a minimum.

NOI PDF-4 The final building plans will ensure that HVAC units are not located within an area of the Project site that would contribute to a noise level exceedance at any adjacent property line, per the City of Eastvale Municipal Code requirements. To meet the City’s noise standards the following measures should be followed:
• All HVAC equipment shall be shielded or enclosed from the line of sight of adjacent residential uses.
• The combined noise level of all units operating simultaneously shall not exceed the City of Eastvale daytime and nighttime exterior standards at the nearest surrounding property lines.

NOI PDF-5 Future residents, property management personnel, and commercial tenants will be required to comply with the City of Eastvale Municipal Code Noise Regulations, Chapter 8.52, which specify that no person shall create loud, unnecessary, or unusual noise that disturbs the peace or quiet of any neighborhood, or that causes discomfort or annoyance to any person of normal sensitiveness.

To help ensure compliance with the City’s Noise Regulations, the following recommendations are provided:
• Deliveries, loading and unloading activities, and trash pick-up hours should be limited to daytime hours only (8 a.m. – 10 p.m.). • Limit engine idling time for all delivery vehicles and moving trucks to 5 minutes or less.

NOI PDF-6 The Project will prepare a construction management plan and obtain a construction work permit from the City of Eastvale prior to starting 117 563
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construction. The construction management plan will ensure all contractors implement construction best management practices to reduce construction noise levels. Examples of best management practices may include the following:
• All construction equipment shall be equipped with muffles and other suitable noise attenuation devices (e.g., engine shields). • Grading and construction contractors shall use quieter equipment as opposed to noisier equipment (such as rubber-tired equipment rather than track equipment), to the maximum extent feasible. • If feasible, electric hook-ups shall be provided to avoid the use of generators. If electric service is determined to be infeasible for the site, only whisper-quiet generators shall be used (i.e., inverter generators capable of providing variable load.
• Use electric air compressors and similar power tools rather than diesel equipment, where feasible.
• Locate staging area, generators and stationary construction equipment as far from the adjacent residential homes as feasible. • Construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 5 minutes.
• Provide notifications and signage in readily visible locations along the perimeter of construction sites that indicate the dates and duration of construction activities, as well as provide a telephone number where neighbors can enquire about the construction process and register complaints to a designated construction noise disturbance coordinator.
• Construction activities shall not take place between the hours of 6:00 p.m. and 6:00 a.m. during the months of June through September and 6:00 p.m. to 7:00 a.m. during the months of October through May.

NOI PDF-7 The Project will not include pile driving or blasting activities during construction. If impact pile driving or blasting is required, a follow-up noise and vibration impact assessment will be conducted prior to start of any activity.

With implementation of the PDFs, the Modified Project would not generate a substantial temporary or permanent increase in ambient noise levels in excess of City standards. The Modified Project would generate approximately 27,764 fewer average daily trips than the Original Project, resulting in less traffic noise contribution to the surrounding roadways than previously analyzed in the Prior EIR. Lastly, the Modified Project has reduced the amount of commercial land use in favor of a greater amount 118 564
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of residential use, which is generally considered a more compatible land use with the surrounding community from a noise standpoint.
a) The Noise Study prepared for the Modified Project analyzed noise impacts from long-term operations of the proposed development and short-term construction noise impacts. The Modified Project would generate approximately 27,764 fewer average daily trips than the Original Project, resulting in less operational traffic noise contribution to the surrounding roadways than previously analyzed in the Prior EIR.

Furthermore, the Modified Project would not cause a significant impact associated with a change in roadway noise levels as shown in the following table.

Table 17. Roadway Noise Impact Analysis (dBA CNEL)1 Existing Year Conditions35 The land uses proposed as part of the Modified Project are compatible with surrounding land uses and none of the land uses are considered substantial noise generators. Furthermore, future tenants within the commercial areas would be subject to the City’s noise ordinance, which places limits on noise generated from stationary 35 CNEL = Community Noise Equivalent Level, dBA = decibels A ;Table 8, from “Leal Master Plan Amendment Noise Impact Study,” prepared by RK Engineering Group, Inc., dated December 21, 2021. 119 565
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uses. The proposed Project includes several Project Design Features that would further reduce operational noise levels, as follows:

NOI PDF-1 Prior to the issuance of building permits, the Project will demonstrate that building construction will achieve the minimum interior noise standard of 45 dBA CNEL for all residential units located along arterial roadways and/or adjacent to commercial uses, per the California Building Standards Code. The following noise control measures may be required for dwelling units located near adjacent roadways:
• Install sound barriers (masonry walls or walls with earth berms) between residences and noise sources.
• Install double-paned or upgraded sound transmission class (STC) sound rated windows.
• Provide sound insulating exterior walls and roofing systems. • Locate and/or design attic vents to minimize sound propagation into each home.
• Provide forced-air ventilation systems.
• Provide the necessary setbacks for dwelling units fronting along major roadways.

NOI PDF-2 The Project will comply with California Title 24 building insulation requirements for exterior walls, roofs and common separating assemblies (e.g. floor/ceiling assemblies and demising walls).

NOI PDF-3 For proper acoustical performance, all exterior windows, doors, and sliding glass doors will have a positive seal and leaks/cracks must be kept to a minimum.

NOI PDF-4 The final building plans will ensure that heating, ventilation, and air conditioning (HVAC) units are not located within an area of the Project site that would contribute to a noise level exceedance at any adjacent property line, per the City of Eastvale Municipal Code requirements. To meet the City’s noise standards the following measures should be followed:
• All HVAC equipment shall be shielded or enclosed from the line of sight of adjacent residential uses.
• The combined noise level of all units operating simultaneously shall not exceed the City of Eastvale daytime and nighttime exterior standards at the nearest surrounding property lines.
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NOI PDF-5 Future residents, property management personnel, and commercial tenants will be required to comply with the City of Eastvale Municipal Code Noise Regulations, Chapter 8.52, which specify that no person shall create loud, unnecessary, or unusual noise that disturbs the peace or quiet of any neighborhood, or that causes discomfort or annoyance to any person of normal sensitiveness.

To help ensure compliance with the City’s Noise Regulations, the following recommendations are provided:
• Deliveries, loading and unloading activities, and trash pick-up hours should be limited to daytime hours only (8 a.m. – 10 p.m.).
• Limit engine idling time for all delivery vehicles and moving trucks to 5 minutes or less.

Therefore, no new significant impacts or increase in severity of impacts would occur from long-term operation of the Modified Project.

The Noise Study prepared for the Modified Project analyzed potential construction noise impacts. The Noise Study analyzes potential noise impacts during all expected phases of construction, including, demolition, site preparation, grading, building construction, paving, and architectural coating. Noise levels are calculated based on an average distance of equipment over a 1-hour period to the nearest adjacent property. Demolition activities are expected to occur at approximately 50 feet from the nearest existing residential uses to the north. Therefore, noise levels from demolition activities are analyzed at 50 feet. Noise levels from all other construction activities are conservatively estimated from 200 feet, whereas, in reality, the degree of construction noise will vary depending on the type of construction activity taking place and the location of the activity relative to the surrounding properties.

The proposed Project includes several Project Design Features that would further reduce construction noise levels, as follows:

NOI PDF-6 The Project will prepare a construction management plan and obtain a construction work permit from the City of Eastvale prior to starting construction. The construction management plan will ensure all contractors implement construction best management practices to reduce construction noise levels. Examples of best management practices may include the following:
• All construction equipment shall be equipped with muffles and other suitable noise attenuation devices (e.g., engine shields).
• Grading and construction contractors shall use quieter equipment as opposed to noisier equipment (such as rubber-tired equipment rather than track equipment), to the maximum extent feasible.
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• If feasible, electric hook-ups shall be provided to avoid the use of generators. If electric service is determined to be infeasible for the site, only whisper-quiet generators shall be used (i.e., inverter generators capable of providing variable load.
• Use electric air compressors and similar power tools rather than diesel equipment, where feasible.
• Locate staging area, generators and stationary construction equipment as far from the adjacent residential homes as feasible.
• Construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 5 minutes.
• Provide notifications and signage in readily visible locations along the perimeter of construction sites that indicate the dates and duration of construction activities, as well as provide a telephone number where neighbors can enquire about the construction process and register complaints to a designated construction noise disturbance coordinator.
• Construction activities shall not take place between the hours of 6:00 p.m. and 6:00 a.m. during the months of June through September and 6:00 p.m. to 7:00 a.m. during the months of October through May.

NOI PDF-7 The Project will not include pile driving or blasting activities during construction. If impact pile driving or blasting is required, a follow-up noise and vibration impact assessment will be conducted prior to start of any activity.

The following table summarizes construction noise levels and documents that construction noise would not cause a significant impact. 122 568
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Table 18. Project Construction Noise Levels36
Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts were originally determined to be significant and unavoidable, however subsequent analysis prepared for the Modified Project with implementation of Project Design Features determined impacts are less than the Original Project and less than significant.

The Prior EIR included Mitigation Measures MM 3.6.1 and 3.6.3, which requires a Project-specific acoustical assessment and a construction-related noise mitigation plan, respectively. Mitigation Measure MM 3.6.1 and Mitigation Measure MM 3.6.3 36 dBA Leq = Equivalent Continuous Level ;Table 11, from “Leal Master Plan Amendment Noise Impact Study,” prepared by RK Engineering Group, Inc., dated December 21, 2021. 123 569
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have been satisfied with the Project specific Noise Analysis prepared for this Addendum (Appendix I). The Prior EIR included Mitigation Measure MM 3.6.4, which includes several requirements very similar to the PDFs included in the Project Description. Mitigation Measure 3.6.4 would continue to apply to the Modified Project.
b) The Prior EIR concluded the Original Project would have a less than significant impact from groundborne vibration with implementation of Mitigation Measure MM

3.6.2, which requires preparation of a vibration assessment for construction activities.

The Noise Study prepared for the Modified Project (Appendix I) includes a groundborne vibration assessment of the Modified Project, which satisfies Mitigation Measure MM 3.6.2. The construction of the proposed Project is not expected to require the use of substantial vibration inducing equipment or activities, such as pile drivers or blasting. The main sources of vibration impacts during construction of the Project would be the operation of equipment such as bulldozer activity during demolition, scrapers and loading trucks during grading and excavation, and vibratory rollers during paving. Based on standard construction equipment, vibration impacts would be less than significant as shown in the following table.

Table 19. Construction Vibration Impact Analysis37
The Noise Study prepared for the Modified Project provides greater site-specific detail and analysis than the information presented in the Prior EIR, but this is not a substantial change with respect to the circumstances under which the project is undertaken or new information that was not known and could not have been known with the exercise of reasonable diligence at the time of the Prior EIR. Therefore, the analysis and conclusions presented in the Prior EIR remain unchanged for the Modified Project and no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant. Mitigation Measure MM 3.6.2 requiring preparation 37 PPV = peak particle velocity; Table 13, from “Leal Master Plan Amendment Noise Impact Study,” prepared by RK Engineering Group, Inc., dated December 21, 2021. 124 570
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of a vibration assessment has been satisfied and is no longer applicable to the Modified Project.
c) The Modified Project site is not located near a public or private airport or airstrip; therefore, the Modified Project would not alter the analysis or conclusions presented in the Prior EIR. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.

Mitigation Measures: Several mitigation measures have already been satisfied and are shown in light grey format. The mitigation measures applicable to the Modified Project that remain in place are listed below.

MM 3.6.1 An acoustical assessment shall be prepared that evaluates potential environmental noise impacts associated with the proposed project.

Where the acoustical analysis determines that noise levels would exceed applicable City noise standards, noise reduction measures shall be identified and included in the project.

Timing/Implementation: Prior to approval of development plan or project
Enforcement/Monitoring: City of Eastvale Planning Department MM 3.6.2 A vibration assessment shall be prepared for construction projects that would involve the use of major vibration-generating equipment (e.g., pile drivers, vibratory rollers) within 200 feet of existing structures. Measures to reduce ground vibration levels shall be identified for any potential vibration impacts exceeding a vibration threshold of 0.2 in/sec ppv.

Timing/Implementation: Prior to approval of development plan or project
Enforcement/Monitoring: City of Eastvale Planning Department MM 3.6.3 A construction-related noise mitigation plan shall be submitted to the City for review and approval prior to issuance of a grading permit. The plan shall depict the location of construction equipment and specify how the noise from this equipment will be mitigated during construction of the project.

Timing/Implementation: Prior to issuance of grading permit Enforcement/Monitoring: City of Eastvale Planning Department 125 571
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MM 3.6.4 The following mitigation measures shall be implemented and specified on all project construction plans:
a) Clearing and construction activities shall be conducted outside of 6:00 p.m. and 6:00 a.m. during the months of June through September, and outside of 6:00 p.m. and 7:00 a.m. during the months of October through May. (Municipal Code Chapter 8.52, Noise Regulation).
b) All construction equipment shall be kept properly tuned and use noise reduction features (e.g., mufflers and engine shrouds) that are no less effective than those originally installed by the manufacturer. c) Construction equipment staging areas shall be centrally located on the Project site or located at the farthest distance possible from nearby residential land uses.
d) All motorized construction equipment and vehicles shall be turned off when not in use.

Timing/Implementation: During construction activities, noted on all project construction plans
Enforcement/Monitoring: City of Eastvale Planning Department Conclusion: A Project-specific Noise and Vibration Study was prepared for the Modified Project, including Project Design Features. This Study provides greater sitespecific detail and analysis than the information presented in the Prior EIR but this is not a substantial change with respect to the circumstances under which the project is undertaken or new information that was not known and could not have been known with the exercise of reasonable diligence at the time of the Prior EIR. The additional analysis performed for the Modified Project introduces additional evidence in the record that impacts from the Modified Project would be less than the Original Project and less than significant. Therefore, where the Prior EIR had concluded a significant unavoidable impact, the analysis of the Modified Project documents that impacts would be less than significant. Mitigation Measure MM 3.6.4 from the Prior EIR remains applicable and Mitigation Measures 3.6.1, 3.6.2, and 3.6.3 have been satisfied by the Noise Study prepared for the Modified Project. Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts from the Modified Project would be less than significant with mitigation. 126 572
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2.14 Population and Housing
Issues:

New
Potentially
Significant
Impact
New
Mitigation is
Required
No New
Impact/No
Impact
Reduced
Impact
POPULATION AND HOUSING. Would the project:
d) Induce substantial unplanned population growth
in an area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension of road
or other infrastructure)?
☐ ☐ ☒ ☐
e) Displace substantial numbers of existing people
or housing, necessitating the construction of
replacement housing elsewhere?
☐ ☐ ☒ ☐
Discussion: The Prior EIR concluded:
“…that while the proposed Leal Master Plan would facilitate growth on the project site, the growth would be an implementation of the long-range planning process for the project site as envisioned in the City’s General Plan.

The project would be consistent with the City’s General Plan policies and goals intended to promote smart growth. The project requires no mitigation measures to conclude that no impact would occur or impacts would be less than significant and less than cumulatively considerable.”38 The Original Leal Master Plan allows for residential medium density (14–21 units per acre) with no minimum or maximum and residential high density (22–40 units per acre) with a minimum of 500 dwelling units and a maximum of 660 dwelling units. The Modified Project proposes residential development up to 2,500 dwellings units, which is consistent with the flexibility and mix of uses specified in the Original Leal Master Plan and General Plan.

The State Legislature has declared that California has a housing crisis, and the Legislature has taken steps to encourage the production of additional housing.

Through California Government Code Section 65584, the State and Southern California Association of Governments (SCAG) determines a Regional Housing Needs Assessment (RHNA), which is a number of dwelling units local jurisdictions must accommodate through zoning and policies. The City of Eastvale has a RHNA of 3,028 dwelling units from 2021 to 2029. The Modified Project is one component of the City’s ability to reach its RHNA target.
38 Leal Draft Master Plan EIR, July 2015, Section 3.12.1, Page 3.12-1 127 573
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The Project site has several houses owned by one landowner who is voluntarily selling the property. Therefore, no residents would be unwillingly displaced. Therefore, the Modified Project would not displace people or housing, or induce substantial unplanned population growth or create a need for replacement housing. The analysis and conclusions presented in the Prior EIR remain unchanged for the Modified Project.
a) The Modified Project would provide population growth consistent with the Original Leal Master Plan analyzed in the Prior EIR. Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
b) The Project site has several houses owned by one landowner who is voluntarily selling the property. Therefore, no residents would be unwillingly displaced. No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.

Mitigation Measures: No mitigation required.

Conclusion: The analysis and conclusions presented in the Prior EIR remain unchanged. The Modified Project provides residential housing consistent with the Original Leal Master Plan and consistent with the City’s General Plan and its policies.

Population growth is not unplanned and growth anticipated as a result of the Master Plan is an implementation of the long-range planning process for the site as envisioned in the City’s General Plan. Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
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2.15 Public Services
Issues:

New
Potentially
Significant
Impact
New
Mitigation is
Required
No New
Impact/No
Impact
Reduced
Impact
PUBLIC SERVICES.
a) Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered governmental facilities,
need for new or physically altered governmental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response
times or other performance objectives for any of
the public services:
☐ ☐ ☒ ☐
i) Fire protection? ☐ ☐ ☒ ☐
ii) Police protection? ☐ ☐ ☒ ☐
iii) Schools? ☐ ☐ ☒ ☐
iv) Parks? ☐ ☐ ☒ ☐
v) Other public facilities? ☐ ☐ ☒ ☐
Discussion: The Prior EIR analyzed impacts on public services including, fire protection, police protection, schools, parks, and other public facilities, and concluded impacts would be less than significant. In general, the potential for impacts to public services is based on population growth. The larger the population increase, the more demand is generally placed on public services. The number of residential dwelling units identified in the Modified Project is consistent with the Original Leal Master Plan, but greater than analyzed in the Prior EIR.
a) The analysis and conclusions presented in the Prior EIR remain unchanged as follows:
i) Fire Protection: The Prior EIR stated that the Project site would be served within standard response times by existing stations. At the request of the City and not in order to reduce response times to the Project site, the Modified Project includes dedication of 1.22 acres at the corner of Scholar Way and 58th Street for a new fire station. The City has funding to construct the fire station, resulting in greater fire protection services and lower response times to the Project site than analyzed in the Prior EIR. The Original Project planned for 100,000 square feet of civic center uses and the Modified Project proposes approximately 75,000 square feet of civic center uses, consistent with the Original Leal Master Plan. The proposed fire station is approximately 12,200 square feet and combined with the other proposed civic center uses remains less than the 100,000 square feet analyzed in the Prior EIR. 129 575
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The Project site is not located in a high fire hazards area and the Modified Project is not gated, thereby allowing for unrestricted emergency access. Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
ii) Police Protection: The Riverside County Sheriff’s Department (RCSD) provides police protection services to the City of Eastvale. Police response times do not come from a fixed location, like a fire station, because RCSD is continuously on patrol throughout the City. The Prior EIR indicated that the City of Eastvale is served by approximately 18 patrol officers operating from the Jurupa Valley Station39. At the request of the City, the Modified Project includes a proposal to dedicate several acres of land to the City for the construction of a new Civic Center campus, which would include City Hall, a Library, and a Police Station. While police services would continue to be provided by RCSD, a new Police Station in the City would serve as the law enforcement headquarters for the City instead of deputies stationed at the Jurupa Valley Station. The Modified Project would dedicate the land for the Police Station and the City has funds to construct and operate the facility. The Original Project planned for 100,000 square feet of civic center uses and the Modified Project proposes 75,000 square feet of civic center uses, consistent with the Original Leal Master Plan.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
iii) Schools: The Prior EIR determined student generation from the Original Project would constitute a less than significant impact. Furthermore, Pursuant to Government Code Section 65996, mitigation of impacts on school facilities is limited to the imposition of statutory school fees. The Modified Project would cause an increase in student enrollment in the Corona-Norco Unified School District (CNUSD). The Prior EIR indicates that enrollment at Harada Elementary School exceeds capacity and enrollment at Eleanor Roosevelt High School is projected to exceed capacity in 2024.

According to CNUSD facilities staff, enrollment within CNUSD is declining within the center of the District in the Corona and Norco areas, and increasing in the perimeter of the District, in Eastvale and the Temescal Valley. The CNUSD is analyzing the additional students from the Modified Project and considering whether potential changes to school attendance boundaries would be necessary. 40 Given the payment of school fees pursuant to Government Code Section 65996 and the ability of CNUSD to adjust attendance boundaries as necessary, no new significant impacts or substantial increase in the severity of significant impacts would occur with 39 Leal Draft Master Plan EIR, July 2015, Section 3.13.2, Page 3.13-3 40 Personal Communication with CNUSD facilities staff on December 2, 2021 130 576
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the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
iv) Parks: The Prior EIR concluded that future development on the Project site would be required to comply with City standards including General Plan Policy OS-6, which states that new residential developments would be required to, at a minimum, provide parks consistent with the Quimby Act (California Government Code Section 66477), through land dedication, fees in lieu, or on-site improvements . The Modified Project is subject to the City’s policies and regulations, similar to the Original Project and therefore, would not change the conclusions presented in the Prior EIR. Furthermore, the Modified Project has identified approximately 14 acres of parkland, for which the construction and operation of has been analyzed in this Addendum. At the time of the Stage 3 planning process, that amount of park acreage will be assessed against the City’s Quimby Act requirement and if a shortfall exists, additional parkland may be added on-site to the Modified Project and/or park fees will be paid.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
v) Other Public Facilities: Other public facilities include libraries and government offices. The Prior EIR determined that impacts to Other Public Facilities from the Original Project would be less than significant. The Modified Project proposes to dedicate land to the City for civic center uses including a new Library and City Hall.

This dedication of land would allow the City to expand City Hall and provide a state of the art library within the City. The Original Project planned for 100,000 square feet of civic center uses and the Modified Project proposes 75,000 square feet of civic center uses, consistent with the Original Leal Master Plan.

Therefore, no new impacts or intensification of impacts to other government facilities would occur as a result of the Modified Project and impacts are less than significant.

Mitigation Measures: No mitigation required.

Conclusion: No new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
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2.16 Recreation
Issues:

New
Potentially
Significant
Impact
New
Mitigation is
Required
No New
Impact/No
Impact
Reduced
Impact
RECREATION. Would the project:
a) Increase the use of existing neighborhood and
regional parks or other recreational facilities such
that substantial physical deterioration of the
facility would occur or be accelerated?
☐ ☐ ☒ ☐
b) Include recreational facilities or require the
construction or expansion of recreational facilities
that might have an adverse physical effect on the
environment?
☐ ☐ ☒ ☐
Discussion: The City of Eastvale General Plan Policy OS-6 states that new residential developments would be required to, at a minimum, provide parks consistent with the Quimby Act (California Government Code Section 66477), through land dedication, fees in lieu, or on-site improvements. The Modified Project provides approximately 14 acres of parkland for which the construction and operation of has been analyzed in this Addendum. At the time of the Stage 3 planning process, that amount of park acreage will be assessed against the City’s Quimby Act requirement and if a shortfall exists park fees will be paid. Therefore, the Modified Project would not cause any new or more intense impacts on recreation facilities as compared to the Prior EIR. a) The Prior EIR concluded that future development on the Project site would be required to comply with City standards including General Plan Policy OS-6, which states that new residential developments would be required to, at a minimum, provide parks consistent with the Quimby Act (California Government Code Section 66477), through land dedication, fees in lieu, or on-site improvements. Since the Modified Project would continue to satisfy local park code requirements through the provision of park acreage and/or payment of park fees, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant. b) The Prior EIR concluded that future development on the Project site would be required to comply with City standards including General Plan Policy OS-6, which states that new residential developments would be required to, at a minimum, provide parks consistent with the Quimby Act (California Government Code Section 66477), through land dedication, fees in lieu, or on-site improvements. The Modified Project does not trigger the need to construct new or expand existing park or recreation facilities beyond the Project boundaries because the local park code requirement would be satisfied by the creation of on-site parks and/or payment of park fees. The Modified Project currently proposes approximately 14 acres of new on-site parkland. 132 578
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Since the Modified Project would continue to satisfy local park code requirements, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.

Mitigation Measures: No mitigation required.

Conclusion: The analysis or conclusions presented in the Prior EIR remain unchanged for the Modified Project. The Modified Project will comply with the City’s local park code requirement through provision of approximately 14 acres of on-site parkland and/or payment of in-lieu fees, which offsets any increase in demand for park or recreation facilities associated with the Modified Project. Therefore, no additional demands on recreation would be created as part of the Modified Project, and no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
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2.17 Transportation/Traffic
Issues:

New
Potentially
Significant
Impact
New
Mitigation is
Required
No New
Impact/No
Impact
Reduced
Impact
TRANSPORTATION/TRAFFIC. Would the project:
a) Conflict with a program, plan, ordinance or policy
addressing the circulation system, including
transit, roadway, bicycle and pedestrian facilities?
☐ ☐ ☒ ☐
b) Would the project conflict or be inconsistent with
CEQA Guidelines section 15064.3, subdivision
(b)?
☐ ☐ ☒ ☐
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
☐ ☐ ☒ ☐
d) Result in inadequate emergency access? ☐ ☐ ☒ ☐
Discussion: The Prior EIR included a Traffic Impact Analysis (TIA) prepared by Fehr and Peers for the Original Project. The TIA determined that with implementation of mitigation measures, traffic volumes from the Original Project would result in direct significant and unavoidable impacts to three roadway segments and cumulatively significant and unavoidable impacts to four roadway segments.

It should be noted that at the time the Prior EIR was prepared, traffic analysis and impacts were based on how roadway intersections and segments function. Traffic studies used a volume to capacity (V/C) methodology to calculate the level of service (LOS) of intersections and roadway segments. Following certification of the Prior EIR, the State Legislature adopted Senate Bill 743 (SB 743), which revised the CEQA Guidelines to add Section 15064.3, removing roadway function as the basis for analysis and replacing it with an analysis of vehicle miles traveled (VMT). 41 The premise
is the fewer vehicle miles traveled the less impact would occur to the roadway network. Automobile delay, as described by LOS or similar measures of vehicular capacity or traffic congestion, is no longer considered a significant impact on the environment under CEQA under Public Resources Code section 21099 and case law. (Citizens for Positive Growth & Preservation v. City of Sacramento (2019) 43 Cal.App.5th 609).
41 The adoption of guidelines for analyzing and evaluating the significance of data does not constitute new information if the underlying information was otherwise known or should have been known at the time the EIR was certified. Concerned Dublin Citizens v. City of Dublin (2013) 214 Cal.App.4th 1301 134 580
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A traffic study was prepared for the Modified Project titled, “Leal Master Plan Amendment Project Traffic Study,” by RK Engineering Group, Inc., and dated November 17, 2021 (Appendix J). Since the Prior EIR was based on a LOS analysis, the Traffic Study for the Modified Project includes a LOS analysis for informational purposes and for the City’s discretionary review and approval process, as well as a VMT analysis to be consistent with the current CEQA Guidelines. The Traffic Study for the Modified Project relied on the development mix presented in the Project Description.

Trip generation is the number of vehicle trips generated on a daily (24 hour) basis. The trip generation for each land use is obtained from the Institute of Traffic Engineers (ITE), which is the industry standard. The following table shows a comparison of the trip generation for the Modified Project compared to the Original Project. As shown in this table, the Modified Project reduces the number of daily vehicle trips by 27,764.

Table 20. Modified Project Net Trip Generation Compared to Leal Specific Plan TIA42 The Modified Project would also generate 1,200 fewer AM peak hour trips and approximately 2,978 fewer PM peak hours trips compared to the Original Project.

The Original Project analyzed the buildout of Limonite Avenue and Hamner Avenue both to six lanes. That requires the addition of a travel lane on westbound Limonite Avenue between Hamner Avenue and Scholar Way, and the addition of a southbound travel lane on Hamner Avenue between 58th Street and Limonite Avenue.

The analysis included in the Modified Project Traffic Study does not assume additional travel lanes on Limonite and Hamner. Instead, the Traffic Study assumes two travel lanes and a third drive isle associated with on-street parking for both of the Limonite and Hamner roadway segments.43 This would reduce each segment by one travel lane compared to what was analyzed in the Prior EIR.
42 Table 4-3, from “Leal Master Plan Amendment Project Traffic Study,” prepared by RK Engineering Group, Inc., dated November 17, 2021.
43 An early design of the Modified Project proposed two westbound lanes on Limonite with on-street parking and two southbound lanes on Hamner with on-street parking. Shortly before publication of this Addendum the Modified Project was revised to eliminate on-street parking from both Limonite and Hamner and provide three travel lanes on westbound Limonite and three travel lanes on southbound Hamner. Since this late project revision adds more roadway capacity, similar to the Original Project, the 135 581
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The Modified Project Traffic Study documents within Tables 6-1 and 6-2 that in the existing plus Project conditions and in the cumulative conditions, the Modified Project with two travel lanes on Limonite and Hamner would have a reduced volume to capacity ratio than the Original Project. The result of this study is that the reduction in the trip generation associated with the Modified Project is sufficient to improve the function of Limonite and Hamner with only two travel lanes on each roadway segment, compared to the Original Project. Therefore, the traffic impacts would remain significant and unavoidable, however the Modified Project would reduce the intensity of the impact.

It should be noted that the Modified Project does not propose only two travel lanes on Limonite and Hamner as analyzed in the Traffic Study. As shown on Tentative Tract Map No. 38290, both segments of Limonite and Hamner include three travel lanes, a median, and an access road serving on-street diagonal parking. The Traffic Study analyzed the “worst-case scenario” of only two travel lanes. The Modified Project as proposed with three travel lanes will only improve traffic conditions compared to the Original Project and represented in the TIA for the Modified Project.

Following certification of the Prior EIR, SB 743 was adopted, which changed how traffic is analyzed. Instead of V/C and LOS, traffic analysis in CEQA is now based on VMT.

The City’s VMT Guidelines state:
“Residential and office projects located within a low VMT-generating area, as identified in the WRCOG screening tool, may be presumed to have a less than significant impact. In addition, other employment-related and mixed-use land use projects may be screened if the project can reasonably be expected to generate VMT per resident, per worker, or per service population that is similar to the existing land uses in the low VMT area”
Based on the Western Riverside Council of Governments (WRCOG) VMT screening tool, the Project is located in a low-VMT area because both the residential homebased VMT and home-based work VMT for this area are less than the City of Eastvale city-wide average. Furthermore, the Project consists of residential, employment and retail uses similar in nature to the existing land uses surrounding the site (which also consist of residential and commercial uses). Therefore, the Project would be expected to exhibit similar VMT patterns as the existing uses and utilization of the WRCOG screening maps is appropriate for screening purposes. Lastly, the Modified Project also includes an extensive network of sidewalks and trails to promote and encourage non-motorized mobility, which further reduces VMT.

Leal Master Plan Amendment Project Traffic Study was not updated with the additional travel lanes because the Traffic Study analysis a more conservative and constrained roadway network. The revisions to the Modified Project provide greater roadway capacity, which would further reduce traffic impacts. 136 582
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A comparison of VMT generated from the Modified Project to the Original Project was performed using CalEEMod. The analysis determined the Modified Project would generate less VMT than the Original Project as shown in the following table.

Table 21. Comparison of VMT from the Modified Project to the Original Project44 Scenario Total Annual VMT (CalEEMod)
Current Project 68,221,050
2015 Project 150,029,705
Delta -81,808,655
a) The Prior EIR analyzed consistency with adopted plans and policies through a LOS analysis of roadway segments and intersections. The Prior EIR concluded the Original Project would result in significant unavoidable impacts after mitigation because several intersections with operate at deficient LOS standards in conflict with the City’s plans and policies.

The Modified Project would reduce trip generation by approximately 27,764 daily trips compared to the Original Project. The Traffic Study for the Modified Project determined that the Modified Project would continue to cause intersections to operate at deficient LOS compared to City policies, however the Modified Project would cause a less intensive significant impact than the Original Project.

The Prior EIR included three mitigation measures, which were part of the original LOS analysis and remain applicable to the Modified Project even though the CEQA Guidelines have changed to a VMT metric. Mitigation Measure MM 3.2.1a and 3.2.1c require the widening of Limonite and Hamner to three lanes, respectively. These two mitigation measures remain applicable to the Modified Project and have been incorporated into the Modified Project design as shown on TTM 38290. Mitigation Measure MM 3.2.1b requires a focused traffic study for the proposed Project. This mitigation measure has been satisfied by the Traffic Study prepared for the Modified Project.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain significant and unavoidable with mitigation incorporated.
44 “Leal Master Plan Amendment Project Traffic Study,” prepared by RK Engineering Group, Inc., dated November 17, 2021
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b) The Western Riverside County Council of Governments (WRCOG) has developed a screening tool for VMT analysis. Based on the WRCOG screening tool, the Project site is located within a low VMT generating zone. Land use projects located within a low VMT-generating area may be presumed to have a less than significant impact absent substantial evidence to the contrary. Utilizing the WRCOG Screening Tool, the Modified Project is located within a low-VMT generating zone based on residential home-based VMT and home-based work VMT. As a result, the Modified Project is exempt from further VMT analysis and the Project consists of residential, employment and retail uses similar in nature to the existing land uses surrounding the site (which also consist of residential and commercial uses). Therefore, the Project would be expected to exhibit similar VMT patterns as the existing uses and utilization of the WRCOG screening maps is appropriate for screening purposes. Lastly, the Modified Project also includes an extensive network of sidewalks and trails to promote and encourage non-motorized mobility, which further reduces VMT. Refer to Attachment A of Appendix J. Therefore, the Modified Project is consistent with CEQA Guidelines Section 15064.3.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would be less than significant.
c) The Prior EIR determined the Original Project would not increase hazards because of design or incompatible uses. The Modified Project relies on roadway networks consistent with City standards and similarly proposes a mix of land uses. Furthermore, the Traffic Study prepared for the Modified Project did not identify any hazardous design features. Additional engineering details will be added during the Stage 3 planning process and those engineering details will be reviewed and checked against adopted standard plans and design criteria for roadway design.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
d) The Modified Project is surrounded by four City streets all of which provide emergency access. The Modified Project proposes to improve all four perimeter roadways to City standards. The Modified Project also proposes to dedicate 1.22 acres for a future fire station.

The Modified Project includes less intensive development than the Original Project by reducing trip generation by 27,764 average daily vehicle trips. The Modified Project would improve the surrounding circulation system with additional travel lanes as contemplated in the Original Project and the Modified Project would contribute to fewer local roadway trips than the Original Project helping to improve emergency access and circulation in the area. The Modified Project would complete street improvements on all four surrounding streets as proposed under the Original Project. 138 584
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Therefore, as a result of the Modified Project proposing less intensive development than the Original Project and proposing to complete the surrounding street system, no new impacts would occur, and the conclusions presented in the Prior EIR remain unchanged.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.

Mitigation Measures: Several measures have already been satisfied and are shown in light grey format. The mitigation measures applicable to the Modified Project that remain in place are listed below.

MM 3.2.1a Fair share of funding shall be paid for widening Limonite Avenue along the Project frontage from two to three lanes in each direction. Funding shall be determined and paid via the Riverside County Transportation Uniform Mitigation Fee (TUMF). Project plans and/or phasing shall establish the timing of this improvement to ensure it is in place prior to LOS D operations and consistent with the Master Plan’s infrastructure phasing provisions.

Timing/Implementation: Prior to approval of development plan or project
Enforcement/Monitoring: City of Eastvale Planning Department MM 3.2.1b A focused traffic study shall be prepared that demonstrates the project’s consistency with the transportation impact assessment (TIA) for the Leal Master Plan prepared by Fehr & Peers (2015). The traffic study shall assess the following:
• Parking;
• Site access and on-site circulation;
• Interaction of driveways with adjacent intersections (if appropriate); • Impacts on local intersections;
• Impacts to pedestrian, transit, and bicycle facilities; and • Trip generation monitoring study to ensure that, as land develops in the Leal Master Plan area, the total development generates traffic at or below the levels assumed in this Draft EIR.

Timing/Implementation: Prior to approval of development plan or project
Enforcement/Monitoring: City of Eastvale Planning Department 139 585
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MM 3.2.1c Hamner Avenue shall be widened between Limonite Avenue and Bellegrave Avenue to three lanes in each direction either directly or through fair-share funding as determined by infrastructure and/or facility financing plans approved for the Leal Master Plan. Project plans and/or phasing shall establish the timing of this improvement to ensure it is in place prior to LOS F operations and consistent with infrastructure phasing provisions established as part of Master Plan implementation.

Timing/Implementation: Prior to approval of development plan or project
Enforcement/Monitoring: City of Eastvale Planning Department Conclusion: The changes associated with the Modified Project would reduce trip generation by approximately 27,764 average daily trips. Level of service impacts would remain significant and unavoidable; however, the Modified Project would reduce the severity of the significant impact. As evaluated again the new SB 743 standards, the Modified Project is consistent with CEQA Guidelines section 15064.3 and impacts would be less than significant. The Prior EIR included three mitigation measures. Mitigation Measure MM 3.2.1a and 3.2.1c require the widening of Limonite and Hamner to three lanes, respectively. These two mitigation measures remain applicable to the Modified Project. Mitigation Measure MM 3.2.1b requires a focused traffic study for the proposed Project. This mitigation measure has been satisfied by the Traffic Study prepared for Modified Project and is therefore no longer applicable.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain significant and unavoidable. 140 586
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2.18 Tribal Cultural Resources
Issues:

New
Potentially
Significant
Impact
New
Mitigation is
Required
No New
Impact/No
Impact
Reduced
Impact
TRIBAL CULTURAL RESOURCES. Would the project
cause a substantial adverse change in the
significance of a tribal cultural resource, defined in
Public Resources Code § 21074 as either a site,
feature, place, cultural landscape that is
geographically defined in terms of the size and
scope of the landscape, sacred place, or object with
cultural value to a California Native American tribe,
and that is:
a) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code section 5020.1(k), or
☐ ☐ ☒ ☐
b) A resource determined by the lead agency, in its
discretion and supported by substantial
evidence, to be significant pursuant to criteria set
forth in subdivision (c) of Public Resources Code
§ 5024.1. In applying the criteria set forth in
subdivision (c) of Public Resource Code § 5024.1,
the lead agency shall consider the significance of
the resource to a California Native American
tribe?
☐ ☐ ☒ ☐
Discussion: Since preparation of the Prior EIR, CEQA Guidelines Appendix G has been revised to include a specific section on Tribal Cultural Resources.45 The Prior EIR analyzed potential impacts associated with tribal cultural resources in the Cultural Resources section. The Prior EIR concluded that potential impacts to cultural resources would be less than significant with mitigation. No changes to the analysis or conclusions presented in the Prior EIR would occur for the Modified Project.

Notification pursuant to State Bill (SB) 18 and Assembly Bill (AB) 52 was distributed to the Native American Heritage Commission and local tribes as part of the Prior EIR. SB 18 requires local jurisdictions to provide opportunities for involvement of California Native Americans tribes in the land planning process for the purpose of preserving 45 The adoption of guidelines for analyzing and evaluating the significance of data does not constitute new information if the underlying information was otherwise known or should have been known at the time the EIR was certified. Concerned Dublin Citizens v. City of Dublin (2013) 214 Cal.App.4th 1301 141 587
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traditional tribal cultural places. The Final Tribal Guidelines recommend that the Native American Heritage Commission (NAHC) provide written information as soon as possible but no later than 30 days after receiving notice of the Project to inform the lead agency if the proposed Project is determined to be in proximity to a traditional tribal cultural places (TTCP) and another 90 days for tribes to respond to a local government if they want to consult with the local government to determine whether the project would have an adverse impact on the TTCP. Per SB 18, the law requires a city or county to consult with the NAHC and any appropriate Native American tribe for the purpose of preserving relevant TTCP prior to the adoption, revision, amendment, or update of a City’s or County’s general plan.

AB 52 took effect July 1, 2015 and incorporates tribal consultation and analysis of impacts to tribal cultural resources (TCR) into the CEQA process. It requires TCRs to be analyzed like any other CEQA topic and establishes a consultation process for lead agencies and California tribes. A significant impact on a TCR is considered a significant environmental impact, requiring feasible mitigation measures.

Consultation with the Soboba Band of Luiseno Indians occurred on May 21, 2015. The Prior EIR concluded that a potential for archaeological and paleontological resources exists and included mitigation measures to reduce impacts to a less than significant level.

The potential for tribal cultural resource impacts depends on the area of impact and the condition of the Project site. The Modified Project would not change the area of impact or grading limits compared to the Original Project. Furthermore, Project site conditions for tribal cultural resources have not changed since preparation of the Prior EIR. Therefore, the analysis and conclusions presented in the Prior EIR remain valid and unchanged.
a, b) During preparation of the Prior EIR, the City consulted with the Native American Heritage Commission in accordance with AB 52 and SB 18. No additional consultation has occurred. The Prior EIR conducted archaeological record surveys, which did not identify known tribal, cultural, or paleontological resources on the Project site.

However, since site-specific surveys were not conducted as part of the Prior EIR, the Prior EIR included several mitigation measures and determined impacts would be less than significant with implementation of the mitigation measures.

This Addendum includes preparation of the Cultural and Paleontological Resources Assessment prepared for the Modified Project (Cultural and Paleontological Resources Assessment, October 2021, prepared by Duke CRM; Appendix D), which included additional record searches and an extensive pedestrian field survey of the Project site over two days on June 17 and June 18, 2021. No archaeological resources were identified on the Project site from the records search or the field surveys. The Cultural and Paleontological Resources Assessment concluded that a low sensitivity exists for 142 588
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archaeological resources to occur on-site and therefore, no archaeological monitoring is required during site disturbance activities, such as grading.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Several of the mitigation measures included in the Prior EIR have been satisfied with the detailed Cultural and Paleontological Resources Assessment prepared for the Modified Project. Impacts would remain less than significant with mitigation.

Mitigation Measures: Several measures have already been satisfied and are shown in light grey format. The mitigation measures applicable to the Modified Project that remain in place are listed below.

MM 3.8.1 A detailed cultural resources field survey of the subject property shall be conducted prior to approval of the project. The cultural resources field survey shall identify any cultural resource finds and will set out measures to mitigate any impacts to any significant resources as defined by CEQA, the California Register of Historical Resources, and/or the National Historic Preservation Act. Mitigation methods to be employed include but are not limited to the following:
• Redesign of the development project to avoid the resource. The resource site shall be deeded to the City or a nonprofit agency to be approved by the City for maintenance of the site.
• If avoidance is determined to be infeasible by the City, the resource shall be mapped, stabilized, and capped pursuant to appropriate standards.
• If capping is determined to be infeasible by the City, the resource shall be excavated and recorded to appropriate standards.

Timing/Implementation: Prior to approval of development plan or project
Enforcement/Monitoring: City of Eastvale Planning Department MM 3.8.2 If cultural resources (i.e., prehistoric sites, historic sites, and isolated artifacts) are discovered during grading or construction activities in the Project area, work shall be halted immediately within 50 feet of the discovery, the City Planning Department shall be notified, and a professional archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards in archaeology and/or history shall be retained to determine the significance of the discovery. 143 589
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The City shall consider mitigation recommendations presented by a professional archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards in archaeology and/or history for any unanticipated discoveries. The City and the Project applicant of the site where the discovery is made shall consult and agree on implementation of a measure or measures that the City deems feasible.

Such measures may include avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures.

The Project applicant shall be required to implement any mitigation necessary for the protection of cultural resources.

Timing/Implementation: As a condition of project approval and implemented during grading and/or
construction activities
Enforcement/Monitoring: City of Eastvale Planning Department MM 3.8.3 If human remains are discovered during any ground-disturbing activities in the Project area, all work shall be halted immediately within 50 feet of the discovery, the City Planning Department shall be notified, and the Riverside County Coroner must be notified per California Public Resources Code Section 7050.5 and California Health and Safety Code Section 5097.98. If the remains are determined to be Native American, the coroner will notify the Native American Heritage Commission, and the procedures outlined in CEQA Section 15064.5(d) and (e) shall be followed.

Timing/Implementation: As a condition of project approval and implemented during grading and/or
construction activities
Enforcement/Monitoring: City of Eastvale Planning Department Conclusion: The Modified Project would not change the limits of disturbance or grading, which encumbers the entire site, therefore the analysis and conclusions presented in the Prior EIR remain unchanged. Mitigation Measure MM 3.8.1 has been satisfied and no new mitigation is necessary. While determined to be highly unlikely, Mitigation Measures MM 3.8.2 and MM 3.8.3 would remain applicable to the Modified Project. Impacts would remain less than significant with mitigation. 144 590
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2.19 Utilities and Service Systems
Issues:

New
Potentially
Significant
Impact
New
Mitigation is
Required
No New
Impact/No
Impact
Reduced
Impact
UTILITIES AND SERVICE SYSTEMS. Would the
project:
a) Require or result in the relocation or construction
of new or expanded water, wastewater treatment
or storm water drainage, electric power, natural
gas, or telecommunications facilities, the
construction or relocation of which could cause
significant environmental effects?
☐ ☐ ☒ ☐
b) Have sufficient water supplies available to serve
the project and reasonably foreseeable future
development during normal, dry and multiple dry
years?
☐ ☐ ☒ ☐
c) Result in a determination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
project's projected demand in addition to the
provider's existing commitments?
☐ ☐ ☒ ☐
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment
of solid waste reduction goals?
☐ ☐ ☒ ☐
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
☐ ☐ ☒ ☐
Discussion: The Prior EIR determined impacts from the Original Project on utility and service systems would be less than significant. The following site-specific utility studies were prepared for the Modified Project.
• “Sewer System Development Analysis” prepared by Hunsaker & Associates Irvine, Inc. dated December 6, 2021, is included in Appendix K. • “Water Supply Assessment” dated December 2021, prepared by Kimley Horn is included in Appendix L.
• “Preliminary Hydrology Analysis for Leal Ranch (Tentative Map No. 38290)” prepared by Hunsaker & Associates Irvine, Inc., and dated November 29, 2021 (Appendix G).
• “Preliminary Water Quality Management Plan (PWQMP) for Tentative Map No. 38290,” prepared by Hunsaker & Associates Irvine, Inc., and dated November 29, 2021 (Appendix H).
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These studies provide greater site-specific detail and analysis than the information presented in the Prior EIR, but this is not a substantial change with respect to the circumstances under which the project is undertaken or new information that was not known and could not have been known with the exercise of reasonable diligence at the time of the Prior EIR.
a, c) The Prior EIR concluded sufficient capacity exists for wastewater treatment from the Original Project and impacts would be less than significant. The Project site lies within the jurisdiction of Jurupa Community Services District (JCSD) for wastewater treatment. In August 2021, JCSD provided a preliminary hydraulic analysis of the existing sewer system to that would be impacted by the Modified Project. The analysis determined the maximum average daily sewer generation from the Modified Project without causing downstream sewer capacity issues or requiring upsizing of sewer lines. The analysis determined a maximum of 555,000 gallons per day (gpd) from the Modified Project could be accommodated within the existing sewer infrastructure without impacts. The Modified Project is estimated to generate 544,710 gpd, or 1.85% less than the maximum allowed average sewer flows from the Project site.

The Prior EIR also determined that expanded water facilities would not be required.

JCSD provides domestic water and service connection points are located within the existing surrounding streets. Sufficient pressure and storage capacity exist such that no additional facilities would be required to serve the Modified Project.

As detailed in Section 2.10, storm water flows to the southwest portion of the Project site. Existing storm drain facilities exist within Limonite Ave. The Modified Project includes a subterranean detention and water quality treatment basin that will reduce peak period discharge rates to existing levels and meet the water quality standards.

No new off-site storm drain or water quality infrastructure is required.

According to the Prior EIR, “Southern California Edison (SCE) currently provides electrical service to the Master Plan area and Southern California Gas Company provides natural gas service; properties surrounding the project site have already been developed and are served by existing SCE and Gas Company infrastructure. Per discussions with SCE staff, implementation of the proposed project would not be expected to require the construction of any off-site transmission or distribution infrastructure (Ditta 2015).”
46 The Modified Project would rely on electrical and natural gas service from existing facilities in surrounding streets. The existing above-ground electrical lines along Limonite would be placed underground. No additional off-site improvements are anticipated.
46 Leal Draft Master Plan EIR, July 2015, Section 3.13.2, Page 3.13-10 146 592
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Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
b) The Original EIR concluded, “Furthermore, the JCSD has demonstrated capacity in its water supply and wastewater treatment systems to accommodate growth in the city, including the proposed project and future development would obtain a water/sewer availability letter from the JCSD and pay any district fees and facilities charges in order to fund any off-site improvements.”
47A Project level water supply analysis was
prepared for the Modified Project. The Modified Project is of sufficient size that in accordance with Senate Bill (SB) 610 a Water Supply Assessment (WSA) is required.

Appendix L includes the WSA prepared for the Modified Project.

JCSD is the water supplier for the Project site and prepared a 2020 Urban Water Management Plan (UWMP) for its service area. The UWMP analyzes growth assumptions and determines if sufficient domestic water is available to serve the growth assumptions in wet years and dry years.

The WSA relied upon duty factors supplied by JCSD in the UWMP to calculate Project Water Demand as shown in the following table.48
Table 22. Project Water Demand49
The 2020 UWMP assumed future growth on the Project site and projected a water demand of 505 acre feet per year (AFY) for the Project site. Based on Table 2-2 and 2- 3 from the WSA, the Modified Project will generate a water demand of approximately 461 AFY, less than the 505 AFY assumed in the 2020 UWMP.

The Prior EIR calculated a potable water demand for the Original Project. These estimates are found in Tables 3.13-1 and 3.13-2 of the Prior EIR. The projected water 47 Leal Draft Master Plan EIR, July 2015, Section 3.13.5, Page 3.13-9 48 Water Supply Assessment, Kimley Horn, December 2021, Table 2-2, Page 6 49 gpd/ac = gallons per day per acre; ac=acres; gpd = gallons per day; AFY = acres feet per year. Table 2-2, from “Eastvale Leal Property Water Supply Assessment,” prepared by Kimberly Horn, dated December 2021.
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demand for the Original Project was 734 AFY or 470,320 gpd. In both cases the potable water demand is less for the Modified Project compared to the Original Project. Furthermore, the WSA determined that sufficient water supplies are available to service this project during normal, dry, and very dry years.

Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
c) The Prior EIR determined, “The JCSD has a 3.25 million gallons per day (mgd) capacity right, although the ultimate estimated flow rate from the JCSD to the plant is projected to be 5.7 mgd, based on the projections in the 2007 Master Sewer Plan Addendum. This represents an increase of 2.45 mgd and would still be below the operating capacity of 8.0 mg. The JCSD has a proposed project in its 20-year Capital Improvement Program to obtain additional treatment capacity at the WWTP (JCSD 2011, p.57). As of 2007, the plant was not operating at capacity (treating approximately 5.5 mgd), and the JCSD obtaining additional treatment capacity to accommodate growth in its service area would not necessarily result in expansion of the WWTP. Potential impacts resulting from additional treatment capacity would be subject to CEQA review if necessary.”
50 As demonstrated in the “Sewer System Development Analysis” prepared by Hunsaker & Associates Irvine, Inc. dated December 6, 2021, and included in Appendix K, JCSD determined the maximum allowed average daily flows from the Project site would be 555,000 gpd, which accounts for transmission pipe capacity and treatment capacity.

The Modified Project is planned to generate 544,710 gpd or 1.85% less than the maximum allowed sewer flows from the site.51
Therefore, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
d – e) The Prior EIR determined impacts from solid waste would be less than significant since each of the landfills serving the Project site have remaining capacity over 179 million cubic yards.52 The Modified Project proposes less development intensity, likely resulting in equal or less solid waste generation. Furthermore, the Modified Project would be required to comply with applicable waste reduction regulations found in AB 939, the Green Building Code, and the Eastvale Municipal Code, which apply restrictions to solid waste disposal. Therefore, no new significant impacts or substantial 50 Leal Draft Master Plan EIR, July 2015, Section 3.13.5, Page 3.13-8 and 9 51 “Sewer System Development Analysis” prepared by Hunsaker & Associates Irvine, Inc. dated December 6, 2021, Page 2
52 Leal Draft Master Plan EIR, July 2015, Section 3.13.6, Page 3.13-9 148 594
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increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.

Mitigation Measures: No mitigation required.

Conclusion: Additional Project-specific analysis of utility systems was performed for the Modified Project. This analysis provides evidence supporting the conclusions presented in the Prior EIR. The Prior EIR determined impacts for the Original Project would be less than significant. Based on the more detailed analysis and less intensive development associated with the Modified Project, no new significant impacts or substantial increase in the severity of significant impacts would occur with the Modified Project and no new mitigation is necessary. Impacts would remain less than significant.
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