4.7 Noise
New Potentially
Significant
Impact
New Mitigation
Required Reduced Impact No New Impact
Would the project result in:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project more than 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?
☐ ☐ ☐ ☒
4.7.1 Summary of EIR Conclusions
The Approved Project’s Initial Study / Mitigated Negative Declaration (IS/MND) found impacts related to Noise to be less than significant and screened out and not discussed in the FEIR. The conclusions included are from the IS/MND.
4.7.A With implementation of PPP 4.13 -1, the Project’s noise impacts will not result in the generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project more than standards established in the local general plan or noise ordinance, or applicable standards of other agencies.
4.7.B Exposure of persons to or generation of excessive gro und borne vibration will be less than significant.
4.7.C The Project is a commercial shopping center and will not expose people to aircraft noise.
In addition, the nearest airport is Flabob Airport located approximately 3 miles southeast of the Project site. According to Map FL- 1, Flabob Airport Land Use Compatibility Plan, the Project site is not located within a designated Noise Impact Zone, so there are no existing aircraft noise impacts affecting the site that would be exacerbated and thereby expose workers to excessive noise levels.
4.7.2 Unavoidable Adverse Impacts
There are no unavoidable adverse impacts identified in the FEIR.
4.7.3 Applicable General Plan Policies
PPP 4.13-1 As required by General Plan Policy NE 3.5, the Project contractors are required to limit commercial construction activities adjacent to or within 200 feet of residential uses to
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weekdays, between 7:00 a.m. and 6:00 p.m., and limit high- noise-generating construction activities (e.g., grading, demolition, pile driving) near sensitive receptors to weekdays between 9:00 a.m. and 3:00 p.m. A note shall be placed on the grading plan(s) noting this requirement.
4.7.4 Applicable Final EIR Mitigation Measures
As described in the FEIR, impacts related to noise impacts were determined to be less than significant and no mitigation measures were identified.
No substantial changes in the environment related to noise impacts will occur with the Project modifications that would lead to more significant impacts, and no new mitigation measures are required.
4.7.5 Proposed Project Impact Analysis
The Approved Project’s potential noise impacts due to construction and traffic were identified to be less than significant. The Modified Project does not propose any changes to the type of development than what was originally allowed under the Approved Project and no new impacts have been identified beyond what was determined in the FEIR. Cons truction no ise w ill have a tempor ary or periodic increase in t he ambient n oise level above the existing within the Project vicinity. Typical operating cycles for these types of construct ion equipment may involve one or two minutes of full power opera tion f ollowed by three to f our minutes at lower pow er settings. Noise l evels w ill be loudest during the site preparation and grading phases.
According to Caltrans, the human ear is able to begin to detect sound level increases of 3 decibels (dB) in typical noisy environments.
4 A doubling of sound energy (e.g., doubling the volume of traffic on a highway) that would result in a 3-dBA increase in sound, would generally be barely detectable.
To determine if the Modified Project would substantially change the impacts on traffic noise the Trip Generation comparison conducted by TJW Engineering, Inc was used. The comparison found that the Approved Project would have a net total daily trips (ADT) of 12,824 ADT and the Modified Project would result in a net total daily trips (ADT) of 17,378 ADT. The Modified Project would result in an additional 4,536 ADTs. It takes a doubling of traffic to create a +3 dBA noise impact, based on the Traffic Generation comparison the modified project would not double the existing or project traffic trips.
Therefore, the traffic noise impacts from the modified project would not be substantially increased as a result of the Modified Project.
Development of the Proposed Project will have no new noise impacts. Based on an examination of the analysis, findings, and conclusions of the FEIR, implementation of the proposed modificat ions would not substantially increase the severity of significant impacts previously identified, nor would new significant impacts related to noise that were not identified in the FEIR.
4 Caltrans, Traffic Noise Analysis Protocol, April 2020, p.7-1.
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The FEIR and related implementing actions established goals and policies for development of the Project. Development of the Proposed Project will be constructed in light of the policies of the General Plan, Municipal Code, and the approved Project Mitigation Monitoring and Reporting Program.
4.8 Population and Housing
New Potentially
Significant
Impact
New Mitigation
Required Reduced Impact No New Impact
Would the project
a) 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 roads or other infrastructure)?
☐ ☐ ☐ ☒
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing
elsewhere?
☐ ☐ ☐ ☒
4.8.1 Summary of EIR Conclusions
The Approved Project’s Initial Study / Mitigated Negative Declaration (IS/MND) found impacts related to Population and Housing to be less than significant and screened out and not discussed in the FEIR. The conclusions included are from the IS/MND.
4.8.A The Project would not directly result in population growth, because it does not propose any residential dwelling units.
According to the General Plan, the City is a net exporter of jobs, with more residents working outside the City than non-residents working inside the City36 (General Plan p. 11-3.). Thus, it is anticipated that new employees generated by the Project would be within commuting distance and would not generate needs for any housing.
Typically, growth would be considered a significant impact pursuant to CEQA if it directly or indirectly affects the ability of agencies to provide needed public services and requires the expansion or new construction of public facilities and utilities.
Water and sewer service to the Project site will be provided by the Jurupa Community Services District. No additional water or sewer infrastructure will be needed to serve the Project other than connection to the existing water and sewer lines in the immediate vicinity of the Project site.
In addition, the analysis in the Public Services Section, of the Initial Study demonstrated that the impacts on public services are less than significant so the public service provider’s ability to provide services will not be reduced .
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4.8.B The Project site contains does not contain any residential units. Therefore, implementation of the Project would not displace a substantial number of existing housing, nor would it necessitate the construction of replacement housing elsewhere .
4.8.2 Unavoidable Adverse Impacts
There are no unavoidable adverse impacts identified in the FEIR.
4.8.3 Applicable General Plan Policies
There were no GP Policies identified in the Approved Project FEIR.
4.8.4 Applicable Final EIR Mitigation Measures
As described in the FEIR, impacts related to population and housing were determined to be less than significant and no mitigation measures were identified.
No substantial changes in the environment related to population and housing will occur with the Project modifications that would lead to more significant impacts, and no new mitigation measures are required.
4.8.5 Proposed Project Impact Analysis
Development of the Proposed Project will have no new impacts to population and housing . The Approved Project and Modified Project do not include any residential development that may increase the amount of housing and the number of residents in Jurupa Valley. Therefore, no direct impact would occur related to population and housing. Project- related infrastructure improvement would be provided to mitigate site specific impacts. The Project does not propose to extend public roads, or to install any on -site or offsite infrastructure facilities that would be oversized or constructed to accommodate other businesses or homes. Improvements would not increase public utility infrastructure capacity or extend roadways that would induce housing and population growth. Based on an examination of the analysis, findings, and conclusions of the FEIR, implementation of the proposed modifications would not substantially increase the severity of significant impacts previously identified, nor would new significant impacts related to population and housing that were not identified in the FEIR.
The FEIR and related implementing actions established goals and policies for development of the Project. Development of the Proposed Project will be constructed in light of the policies of the General Plan, Municipal Code, and the approved Project Mitigation Monitoring and Reporting Program.
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4.9 Public Services
New Potentially
Significant
Impact
New Mitigation
Required Reduced Impact No New Impact
Would the project
a) 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? ☐ ☐ ☐ ☒
4.9.1 Summary of EIR Conclusions
The Approved Project’s Initial Study / Mitigated Negative Declaration (IS/MND) found impacts related to Pubic Services to be less than significant and screened out and not discussed in the FEIR. The conclusions included are from the IS/MND.
4.9.Ai Fire Service:
Development of the Project would impact fire protection services by placing an additional demand on existing fire protection resources should its resources not be augmented. To offset the increased demand for fire protection services, the Project would be conditioned by the City to provide a minimum of fire safety and support fire suppression activities, including compliance with State and local fire codes, fire sprinklers, a fire hydrant system, paved access, and secondary access routes.
In addition, as required by the City’s Inter -Agency Project Review Request process, the Project plans were routed to the Fire Department for review and comment on the impacts to providing fire protection services. The Fire Department did not indicate that the Project would result in the need for new or physically altered fire facilities in order to maintain acceptable service ratios, response times or other performance objectives.
Furthermore, the Municipal Code requires payment of the Development Impact Fee to assist the City in providing for fire protection services. 5 Payment of the Development
5 City of Jurupa Valley, Municipal Code Chapter 3.75, Development Impact Fee. Available at:
https://www.jurupavalley.org/168/Municipal-Code
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Impact Fee would ensure that the Project provides fair share funds for the provision of additional public services, including fire protection services, which may be applied to fire facilities and/or equipment, to offset the incremental increase in the demand for fire protection services that would be created by the Project
4.9.Aii Police Protection:
The Riverside County Sheriff’s Department provides community policing to the Project area via the Jurupa Valley Station located at 7477 Mission Boulevard, Jurupa Valley, CA.
The Project would increase the demand for police protection services. The Municipal Code requires payment of the Development Impact Fee to assist the City in providing for public services, including police protection services
6. Payment of the Development
Impact Fee would ensure that the Project provides its fair share of funds for additional police protection services, which may be applied to sheriff facilit ies and/or equipment, to offset the incremental increase in the demand that would be created by the Project.
In addition, as required by the City’s Inter -Agency Project Review Request process, the Project plans were routed to the Sheriff’s Department for review and comment on the impacts to providing police prot ection services. The Sheriff’s Department did not indicate that the Project would result in the need for new or physically altered sheriff facilities in order to maintain acceptable service ratios, response times or other performance objectives
4.9.Aiii Schools:
The Project does not propose any housing and would not directly create additional students to be served by the Jurupa Unified School District. However, the Project would be required to contribute fees to the Jurupa Unified School District in accordance with the Leroy F. Greene School Facilities Act of 1998 (Senate Bill 50). Pursuant to Senate Bill 50, payment of school impact fees constitutes complete mitigation under CEQA for Project
-relat
ed impacts to school services.
4.9.Aiv Parks:
The Project will not create an additional need for housing thus directly increasing the overall population of the City and generating additional need for parkland. The payment of development impact fees will reduce any
4.9.Av Other Public Services:
Development of the Project would not result in a direct increase in the population of the Project area and would not increase the demand for public services, including public health services and library services which would require the construction of new or expanded public facilities.
The Municipal Code requires payment of the Development Impact Fee to assist the City in providing for public services. Payment of the Development Impact Fee would ensure
6 Ibid.
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that the Project provides fair share of funds for additional public services. These funds may be applied to the acquisition and/or construction of public services and/or equipment.
4.9.2 Unavoidable Adverse Impacts
There are no unavoidable adverse impacts identified in the FEIR.
4.9.3 Applicable General Plan Policies
PPP 4.15-1 The Project applicant shall comply with all applicable Riverside County Fire Department codes, ordinances, and standard conditions regarding fire prevention and suppression measures relating to water improvement plans, fire hydrants, automatic fire extinguishing systems, fire access, access gates, combustible construction, water availability, and fire sprinkler systems
.
PPP 4.15-2 As required by Municipal Code Chapter 3.75, the Project is required to pay a Development Impact Fee that the City can use to improve public facilities and/or, to offset the incremental increase in the demand for public services that would be created by the Project.
PPP 4.15-3 Prior to the issuance of any building permit, the Project Applicant shall pay required development impact fees to the Jurupa Unified School District following protocol for impact fee collection.
PPP 4.15-4 Prior to the issuance of any building permit, the Project Applicant shall pay required park development impact fees to the Jurupa Area Recreatio n and Park District pursuant to District Ordinance No. 01-2007 and 02-2008.
4.9.4 Applicable Final EIR Mitigation Measures
As described in the FEIR, impacts related to public services were determined to be less than significant and no mitigation measures were identified.
No substantial changes in the environment related to public services will occur with the Project modifications that would lead to more significant impacts, and no ne w mitigation measures are required.
4.9.5 Proposed Project Impact Analysis
Development of the Proposed Project will have no new impact public services. Development of the Modified Project would not result in a direct increase in the population of the Project area and would not increase the demand for public services, including public health services and library services which would require the construction of new or expanded public facilities.
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The Municipal Code requires payment of the Development Impact Fee to assist the City in providing for public services. Payment of the Development Impact Fee would ensure that the Modified Project provides fair share of funds for additional public services. These funds may be applied to the acquisition and/or construction of public services and/or equipment. Based on an examination of the analysis, findings, and conclusions of the FEIR, implementation of the proposed modifications would not substantially increase the severity of significant impacts previously identified, nor would new significant impacts related to public services that were not identified in the FEIR.
The FEIR and related implementing actions established goals and policies f or development of the Project. Development of the Proposed Project will be constructed in light of the policies of the General Plan, Municipal Code, and the approved Project Mitigation Monitoring and Reporting Program.
4.10 Recreation
New Potentially
Significant
Impact
New Mitigation
Required Reduced Impact No New Impact
Would the project
a) Would the project 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) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?
☐ ☐ ☐ ☒
4.10.1 Summary of EIR Conclusions
The Approved Project’s Initial Study / Mitigated Negative Declaration (IS/MND) found impacts related to Recreation to be less than significant and screened out and not discussed in the FEIR. The conclusions included are from the IS/MND.
4.10.A The Project would not cause a substantial physical deterioration of any recreational facilities or would accelerate the physical deterioration of any recreational facilities because the Project does not propose residential dwelling units which would increase the population that would use parks and other recreational facilities. The payment of Development Impact Fees will reduce any indirect Project impacts related to recreational facilities.
4.10.B As noted in the response to Issue 4.1 0(A) above, the Project does not propose any recreational facilities or require the construction or expansion of recreational facilities which might have an adverse effect on the environment. In addition, no offsite parks or recreational improvements are proposed or required as part of the Project.
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4.10.2 Unavoidable Adverse Impacts
There are no unavoidable adverse impacts identified in the FEIR.
4.10.3 Applicable General Plan Policies
PPP 4.16-1 Prior to the issuance of any building permit, the Project Applicant shall pay required park development impact fees to the Jurupa Area Recreation and Park District pursuant to District Ordinance No. 01-2007 and 02-2008.
4.10.4 Applicable Final EIR Mitigation Measures
As described in the FEIR , impacts related to recreation were determined to be less than significant and no mitigation measures were identified.
No substantial changes in the environment related to recreation will occur with the Project modifications that would lead to more significant impacts, and no new mitigation measures are required.
4.10.5 Proposed Project Impact Analysis
Development of the Proposed Project will have no new impact to recreation. The Modified Project would not cause a substantial physical deterioration of any recreational facilities or would accelerate the physical deterioration of any recreational facilities because the Modified Project does not propose residential dwelling units which would increase the population that would use parks and other recreational facilities. The payment of Development Impact Fees will reduce any indirect impacts from the Modified Project related to recreational facilities. Based on an examination of the analysis, findings, and conclusions of the FEIR, implementation of the proposed modifications would not substantially increase the severity of significant impacts previously identified, nor would new significant impacts related to recreation that were not identified in the FEIR.
The FEIR and related implementing actions establis hed goals and policies for development of the Project. Development of the Proposed Project will be constructed in light of the policies of the General Plan, Municipal Code, and the approved Project Mitigation Monitoring and Reporting Program.
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4.11 Wildfire
New Potentially
Significant
Impact
New Mitigation
Required Reduced Impact No New Impact
Would the project
a) Is the project located in or near state responsibility areas or lands classified as very high fire hazard
severity zones?
☐ ☐ ☐ ☒
4.11.1 Summary of EIR Conclusions
The Approved Project’s Initial Study / Mitigated Negative Declaration (IS/MND) found impacts related to wildfire to be less than significant and screened out and not discussed in the FEIR. The conclusions included are from the IS/MND.
4.11.A State Responsibility Areas are recognized by the Board of Forestry and Fire Protection as areas where CAL FIRE is the primary emergency response agency responsible for fire suppression and prevention. According to CAL FIRE, the Project is not located within a State Responsibility Area.
According to the General Plan, the Project site is not located in a very high fire hazard severity zone.
4.11.2 Unavoidable Adverse Impacts
There are no unavoidable adverse impacts identified in the FEIR.
4.11.3 Applicable General Plan Policies
There were no GP Policies identified in the Approved Project FEIR.
4.11.4 Applicable Final EIR Mitigation Measures
As described in the FEIR, impacts related to wildfire were determined to be less than significant and no mitigation measures were identified.
No substantial changes in the environment related to wildfire will occur with the Project modifications that would lead to more significant impacts, and no new mitigation measures are required.
4.11.5 Proposed Project Impact Analysis
Development of the Proposed Project will have no new impacts on wildfire. According to the CAL FIRE’s Fire Hazard Severity Zone Map the Modified Project is not in an area where wildfire is considered to
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have a high potential to occur. The Project is not located in or near state responsibility areas or lands classified as very high fire hazard severity zones as such, an analysis of wildfire impacts was not required. Based on an examination of the analysis, findings, and conclusions of the FEIR, implementation of the proposed modifications would not substantially increase the severity of significant impacts previously identified, nor would new significant impacts related to wildfire that were not identified in the FEIR.
The FEIR and related implementing actions established goals and policies for development of the Project. Development of the Proposed Project will be constructed in light of the policies of the General Plan, Municipal Code, and the approved Project Mitigation Monitoring and Reporting Program.
FINAL EIR CONCLUSIONS REGARDING LESS THAN SIGNIFICANT IMPACT WITH
MITIGATION INCORPORATED
Air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, and noise were identified as being potentially significant, but less than significant with mitigation incorporated. Necessary mitigation measures are detailed in the appropriate chapters of the EIR and contained in the approved Mitigation Monitoring and Reporting Program.
Mitigation Measures (MM) − These measures include requirements that are imposed where the impact analysis determines that implementation of the proposed Project would result in significant impacts; mitigation measures are proposed in accordance with the requirements of CEQA. Any applicable Plans, Policies, or Programs (PPP) were assumed and accounted for in the assessment of impacts for each issue area. Mitigation Measures were formulated only for those issue areas where the results of the impact analysis identified significant impacts. All three types of measures described above will be required to be implemented as part of the Project.
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4.12 Biological Resources
New Potentially
Significant
Impact
New Mitigation
Required Reduced Impact No New Impact
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 substantially 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?
☐ ☐ ☐ ☒
4.12.1 Summary of EIR Conclusions
The Approved Project’s Initial Study / Mitigated Negative Declaration (IS/MND) found impacts related to Biological thresholds D and E to be less than significant and screened out and not discussed in the FEIR. The conclusions included for D and E are from the IS/MND, conclusions for A, B, C, and F are from the FEIR.
4.12.A Based on the field survey, the Project site does not have habitat that supports any species identified as a candidate, sensitive, or special status .
4.12.B Based on the field survey conducted on June 5, 2020, the Project site contains no drainages and shows no evidence of any regular flow that meets the definition of Riparian habitat. Although the Pyrite Channel traverses the Project site, the channel is a fenced-in trapezoidal concrete channel and contains no vegetation that meets the definition of riparian habitat.
The Pyrite Channel will be converted into a 12’X 6’ reinforced concrete box underground structure. The estimated velocity during a peak storm event within the
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open channel is 24.2 feet per second. Based on a hydraulic analysis performed, the peak velocity within the reach is 24.3 feet per second within the reinforced concrete box. Flow rates and water volume in the Pyrite Channel similar to existing conditions, and no change in scour at the outlet end of the concrete box is anticipated. The undergrounding of the concrete channel to a concrete box will not alter the functions and values of off- site downstream riparian habitat
4.12.C Based on a field survey was conducted on August 28, 2020,there are no features which meet the definition of “wetlands.” Although the site contains a portion of the Pyrite Channel, the channel is a concrete -lined trapezoidal channel that does not have any features meeting the definition of “wetlands.”
4.12.D The IS/MND indicated that a tree row runs east-west through the center of the property
that may provide nesting habitat for birds. Raptors and all migratory bird species, whether
listed or not, receive protection under the Migratory Bird Treaty Act (MBTA) of 1918.9 The MBTA prohibits individuals to kill, take, possess, or sell any migratory bird, bird parts (including nests and eggs) except per regulations prescribed by the Secretary of the Interior (16 U. S. Code 7034).
The
refore, if vegetation is to be removed during the nesting season, a pre-co nstruction
nesting bird survey shall be conducted, and avoidance measures shall be taken to ensure that no take of birds or their nests will occur per Mitigation Measure BIO-1.
4.12.E Ac
cording to the General Plan, significant trees are those trees that make substantial contributions to natural habitat or to the urban landscape due to their species, size, or rarity. In particular, California native trees should be protected.10 The row of trees that crosses the site from east to west consists of one blue elderberry tree and several eucalyptus trees. Neither of these trees meets the definition of a significant tree because the species is typically found in Jurupa Valley and their size is not unique.
According to the General Plan, other significant vegetation includes agricultural wind screen plantings, street trees, stands of mature native and non- native trees, and other features of ecological, aesthetic, and conservation value.11 The row of trees consists of several trees close together on the western portion of the site, then six trees spaced out in varying distances of 200 feet to 60 feet apart. The trees do not represent an agricultural wind row and are not examples of superior veg etation (such as size or height).
4.12.F The
Project site is located within the Western Riverside County MSHCP. The MSHCP provides coverage (including take authorization for listed species) for special -sta tus
plant and animal species, as well as mitigation for impacts to sensitive species.
Specifically, the Project site is located within the Jurupa Area Plan, Subunit SU2 -Jurupa Mountains, Cell Group E, and Criteria Cell 75 of the plan. 17 For this reason, the Project was required to undergo a Property Owner Initiated Habitat Evaluation and Acquisition Negotiation Strategy process by which the City and the Western Riverside County Regional Conservation Authority (RCA) evaluated the property to determine if it is
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needed for inclusion in the Plan conse rvation area. To facilitate this process, the City filed a Joint Project Review Application (JPR 20 -09-30-01) with the RCA on August 24, 2020 and a revised application on December 7, 2020 after receiving a series of comments from RCA.
On December 22, 2020, the RCA concluded that the Project is consistent with both the Criteria and Other Plan requirements with implementation of the mitigation measures described in the FEIR and in 4.12.4 below.
4.12.2 Unavoidable Adverse Impacts
There are no unavoidable adverse impacts identified in the FEIR.
4.12.3 Applicable General Plan Policies
PPP 4.4-1 The Project is required to pay mitigation fees pursuant to the Western Riverside County Multiple Species Habitat Conservation Plan (MHSCP) as required by Municipal Code Chapter 3.80
.
4.12.4 Applicable Final EIR Mitigation Measures
As described in the FEIR, the following mitigation measures were identified.
MM BIO-1 Rough Step Measure. Prior to issuance of a grading permit, the City of Jurupa Valley shall confirm with the Regional Conservation Authority (RCA) that the Project will not impact out-of-balance Rough Step vegetation in the applicable rough step unit in accordance with Section 6.7 in Volume I of the Plan. It is the Permittees responsibility that [i]f the rough step rule is not met during any analysis period (performed annually by the RCA), the Permittees must conserve appropriate lands supporting a specified vegetation community within the analysis unit to bring the Plan back into the parameters of the rule prior to authorizing additional loss of the vegetation community for which the rule was not achieved. The Permittee must not cause additional loss of any rough step vegetation that is out of balance.
MM BIO -2 Burrowing Owl Measure. Due to the presence of potentially suitable habitat, a 30 -day preconstruction survey for burrowing owls is required prior to initial ground-disturbing activities (e.g., vegetation clearing, clearing and grubbing, grading, tree removal, site watering, equipment staging) to ensure that no owls have colonized the site in the days or weeks preceding the ground disturbing activities. If burrowing owls have colonized the project site prior to the initiation of ground-disturbing activities, the project proponent will immediately inform the Conservation Authority (RCA) and the Wildlife Agencies, and will need to coordinate further with RCA and the Wildlife Agencies, including the possibility of preparing a Burrowing Owl Protection and Relocation Plan, prior to initiating ground disturbance. If ground-disturbing activities occur, but the site is left undisturbed for more than 30 days, a pre-construction survey will again be necessary to ensure that burrowing owl have not colonized the
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site since it was last disturbed. If burrowing owl is found, the same coordination described above will be necessary.
MM BIO-3 Urban Wildlands Interface . Prior to the issuance of a grading permit, the following notes shall be placed on the grading plan(s):
“1. Incorporate measures to control the quantity and quality of runoff from the site entering the MSHCP Conservation Area. In particular, measures shall be put in place to avoid discharge of untreated surface runoff from developed and paved areas into MSHCP Conservation Areas. Regular maintenance will occur to ensure effective operation of runoff control systems.
2. Land uses proposed in proximity to the MSHCP Conservation Area that use chemicals or generate bioproducts, such as manure, that are potentially toxic or may adversely affect wildlife species, Habitat, or water quality shall incorporate measures to ensure that application of such chemicals does not result in discharge to the MSHCP Conservation Area. The greatest risk is from landscaping fertilization overspray and runoff.
3. Avoid use of invasive, non-native plant species listed in Table 6-2 of the MSHCP in approving landscape plans for the portions of the project that are adjacent to the MSHCP Conservation Area, including avoidance areas. Considerations in reviewing the applicability of this list shall include proximity of planting areas to the MSHCP Conservation Areas and designated avoidance areas, species considered in the planting plans, resources being protected within the MSHCP Conservation Area and their relative sensitivity to invasion, and barriers to plant and seed dispersal, such as walls, topography, and other features.”
Mitigation Measure BIO-4 Construction BMPs: Prior to the issuance of a grading permit, the following notes shall be placed on the grading plan(s):
“T
he following best management practices (BMPs), as applicable, shall be implemented for the duration of construction:
i. A condition shall be placed on grading permits requiring a qualified biologist to conduct a training session for project personnel prior to grading. The training shall include a description of the species of concern and its habitats, the general provisions of the Endangered Species Act (Act) and the MSHCP, the need to adhere to the provisions of the Act and the MSHCP, the penalties associated with violating the provisions of the Act, the general measures that are being implemented to conserve the species of concern as they relate to the project, and the access routes to and project site boundaries within which the project activities must be accomplished.
ii. Water pollution and erosion control plans shall be developed and implemented in accordance with RWQCB requirements.
iii. The footprint of disturbance shall be minimized to the maximum extent feasible. Access to sites shall be via pre-existing access routes to the greatest extent possible.
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iv. The upstream and downstream limits of projects disturbance plus lateral limits of disturbance on either side of the stream shall be clearly defined and marked in the field and reviewed by the biologist prior to initiation of work.
v. Projects should be designed to avoid the placement of equipment and personnel within the stream channel or on sand and gravel bars, banks, and adjacent upland habitats used by target species of concern
vi. Projects that cannot be conducted without placing equipment or personnel in sensitive habitats should be timed to avoid the breeding season of riparian species identified in MSHCP Global Species Objective No. 7.
vii. When stream flows must be diverted, the diversions shall be conducted using sandbags or other methods requiring minimal instream impacts. Silt fencing of other sediment trapping materials shall be installed at the downstream end of construction activity to minimize the transport of sediments off site. Settling ponds where sediment is collected shall be cleaned out in a manner that prevents the sediment from reente ring the stream. Care shall be exercised when removing silt fences, as feasible, to prevent debris or sediment from returning to the stream.
viii Equipment storage, fueling, and staging areas shall be located on upland sites with minimal risks of direct drainage into riparian areas or other sensitive habitats. These designated areas shall be located in such a manner as to prevent any runoff from entering sensitive habitat.
Necessary precautions shall be taken to prevent the release of cement or other toxi c substances into surface waters. Project related spills of hazardous materials shall be reported to appropriate entities including but not limited to applicable jurisdictional city, FWS, and CDFG[CDFW], RWQCB and shall be cleaned up immediately and contaminated soils removed to approved disposal areas.
ix. Erodible fill material shall not be deposited into water courses. Brush, loose soils, or other similar debris material shall not be stockpiled within the stream channel or on its banks.
x. The qualified project biologist shall monitor construction activities for the duration of the project to ensure that practicable measures are being employed to avoid incidental disturbance of habitat and species of concern outside the project footprint.
xi. The removal of native vegetation shall be avoided and minimized to the maximum extent practicable. Temporary impacts shall be returned to pre -existing contours and revegetated with appropriate native species.
xii. Exotic species that prey upon or displace target species of concern should be permanently removed from the site to the extent feasible.
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xiii. To avoid attracting predators of the species of concern, the project site shall be kept as clean of debris as possible. All food related trash items shall be enclosed in sealed containers and regularly removed from the site(s).
xiv. Construction employees shall strictly limit their activities, vehicles, equipment, and construction materials to the proposed project footprint and designated staging areas and routes of travel. The construction area(s) shall be the minimal area necessary to complete the project and shall be specified in the construction plans. Construction limits will be fenced with orange snow screen. Exclusion fencing should be maintained until the completion of all construction activities. Employees shall be instructed that their activities are restricted to the construction areas.
xv. The City shall have the right to access and inspect any sites of approved projects including any restoration/enhancement area for compliance with project approval conditions, including these BMPs.”
With implementation of Mitigation Measure BIO-4, the Project is consistent with Section 6.1.4 of the MSHCP.
4.12.5 Proposed Project Impact Analysis
Development of the Proposed Project will have no new impact biological resources. The FEIR reviewed potential Impacts to riparian habitat, wetlands, and consistency with the Western Riverside County Multiple Habitat Conservation plan (MSHCP) and found the impacts to be less than significant.
Additionally, mitigation measures were identified to reduce all Biological Impacts to less than significant. Mitigation Measures MM-BIO-1 Rough Step Measure, MM-BIO-2Burrowing Owl Measures, MM-BIO-3 Urban Wildlands Inte rface, and MM -BIO-4 Construction BMPs, would all apply to the Modified Project. The Modified Project does not propose any changes to areas that will be disturbed than what was originally allowed under the Approved Project and no new impacts have been identified beyond what was determined in the FEIR. Therefore, with the Mitigation Measures MM-BIO-1 through MM-BIO-4 the impacts will remain less than significant.
Based on an examination of the analysis, findings, and conclusions of the FEIR, implementation of the proposed modifications would not substantially increase the severity of significant impacts previously identified, nor would new significant impacts related to biological resources that were not identified in the FEIR.
The FEIR and related implemen ting actions established goals and policies for development of the Project. Development of the Proposed Project will be constructed in light of the policies of the General Plan, Municipal Code, and the approved Project Mitigation Monitoring and Reporting Program.
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4.13 Cultural Resources
New Potentially
Significant
Impact
New Mitigation
Required Reduced Impact No New Impact
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? ☐ ☐ ☐ ☒
4.13.1 Summary of EIR Conclusions
The Approved Project’s Initial Study / Mitigated Negative Declaration (IS/MND) found impact C related to Cultural to be less than significant and screened out and not discussed in the FEIR. The conclusions included are from the IS/MND. Impacts A and B were found to be potentially significant and the conclusions in the FEIR are discussed here.
4.13.A The Project site was surveyed on June 18 and June 19, 2020. The objective of the field survey was the visual detection of prehistoric remains, including lithic debris and artifacts, midden deposits, cultural features, and/or Historic -era foundations or refuse.
All exposed terrain and fortuitous exposures, such as rodent burrows, excavated holes, or cleared areas were thoroughly inspected for cultural resources.
The field survey revealed the physical components of a historic -period water distribution system, dating to the formation of Riverside County. These resources include above ground and buried pipelines, concrete channels, and a water basin. Four Historic-era artifacts were collected, including a drilling tool, a bullet shell casing, and a rusted railroad spike, and an amethyst or purple glass bottleneck fragment. Three of these newly discovered artifacts, the shell casing, railroad spike, and glass bottle fragment, date to the early twentieth century. In addition to these specimens, one prehistoric artifact was found in the northeastern corner of the Project site. The prehistoric artifact is an isolate and probably has been removed from its original context since it was found in with the historic items and therefore also lacks integrity.
Although associations of all these historic amenities are interesting, they are not considered significant as a ‘unique resource’ under CEQA due to a lack of integrity and no known subsurface historic deposits.
4.13.B No known archaeological resources from the EIC records were recorded within the Project site and no archaeological resources were identified during the pedestrian survey.
However, EIC records also indicate that 25 cultural resources properties has/have been recorded within a one-mile radius of the Project site. Despite the heavy disturbances of the Project site that may have displaced archaeological resources on the surface, it is
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possible that intact archaeological resources exist below the surface. As such, mitigation measures are provided to reduce potentially significant impacts to previously undiscovered archaeological resources that may be accidentally encountered during project implementation to less than significant levels.
4.13.C The Project site does not contain a cemetery, and no known formal cemeteries are located within the immediate site vicinity. If human remains are discovered during Project grading or other ground disturbing activities, the Project would be required to comply with the applicable provisions of California Healt h and Safety Code §7050.5 as well as California Public Resources Code §5097, et. seq. California Health and Safety Code §7050.5 states that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin. Pursuant to California Public Resources Code §5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made by the Coroner.
If the Coroner determines the remains to be Native American, the California Native American Heritage Commission (NAHC) must be contacted and the NAHC must then immediately notify the “most likely descendant(s)” of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours and engage in consultations concerning the treatment of the remains as provided in California Public Resources Code §5097.98.
4.13.2 Unavoidable Adverse Impacts
There are no unavoidable adverse impacts identified in the FEIR.
4.13.3 Applicable General Plan Policies
PPP 4.5-1 The project is required to comply with the applicable provisions of California Health and Safety Code §7050.5 as well as California Public Resources Code §5097, et. seq.
4.13.4 Applicable Final EIR Mitigation Measures
As described in the FEIR, the following mitigation measures were identified.
MM CR-1: Archaeological Monitoring. In conjunction with Mitigation Measure TCR-1 for Tribal Cultural Resources, a qualified archaeologist (the “Project Archaeologist”) shall be retained by the developer prior to the issuance of a grading permit. The Project Archaeologist will be on-call to monitor ground-disturbing activities and excavations on the Project site following identification of potential cultural resources by project personnel. If archaeological resources are encountered during implementation of the Project, ground-disturbing activities will be temporarily redirected from the vicinity of the find. The Project Archaeologist will be allowed to temporarily divert or redirect grading or excavation activities in the vicinity to make an evaluation of the find. If the resource is significant, Mitigation Measure CR-2 s
hall apply.
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MM CR -2: Archeological Treatment Plan . In conjunction with Mitigation Measure TCR -2 for Tribal Cultural Resources, if a significant archaeological resource(s) is discovered on the property, ground disturbing activities shall be suspended 100 feet around the resource(s). The archaeological monitor, the Project Proponent, and the City Planning Department shall confer regarding mitigation of the discovered resource(s). A treatment plan shall be prepared and implemented by the archaeologist to protect the identified archaeological resource(s) from damage and destruction. The treatment plan shall contain a research design and data recovery program necessary to document the size and content of the discovery such that the resource(s) can be evaluated for significance under CEQA criteria. The research design shall list the sampling procedures appropriate to exhaust the research potential of the archaeological resource(s) in accordance with current professional archaeology standards (typically this sampling level is two (2) to five (5) percent of the volume of the cultural deposit). At the completion of the laboratory analysis, any recovered archaeological resources shall be processed and curated according to current professional repository standards. The collections and associated records shall be donated to an appropriate curation facility. A final report containing the significance and treatment findings shall be prepared by the archaeologist and submitted to the City of Jurupa Valley Planning Department and the Eastern Information Center.
4.13.5 Proposed Project Impact Analysis
Development of the Proposed Project will have no new impacts on cultural resources. The Project does not propose any changes to the areas that will be disturbed that would impact Cultural Resources than what was originally evaluated under the Approved Proj ect. However, there is still the potential to disturb a previously unidentified archeological, Tribal Cultural, and paleontological resources on the project site that could be significant.
As such, the Modified Project would implement MM-CR-1 that would require archeological monitoring and MM- CR-2 that would implement appropriate measures for the treatment of archeological resources if they were discovered on the Modified Project site. Cultural Resource impacts would remain less than significant with the implementation of Mitigation Measures MM-CR-1 and MM-CR-2.
Based on an examination of the analysis, findings, and conclusions of the FEIR, implementation of the proposed modifications would not substantially increase the severity of significant impacts previously identified, nor would new significant impacts related to cultural resources that were not identified in the FEIR.
The FEIR and related implementing actions established goals and policies for development of the Project. Development of the Proposed Project will be constructed in light of the policies of the General Plan, Municipal Code, and the approved Project Mitigation Monitoring and Reporting Program.
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4.14 Hazards and Hazardous Materials
New Potentially
Significant
Impact
New Mitigation
Required Reduced Impact No New Impact
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 located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard or excessive 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? ☐ ☐ ☐ ☒
4.14.1 Summary of EIR Conclusions
The Approved Project’s Initial Study / Mitigated Negative Declaration (IS/MND) found impacts related to Hazards and Hazardous Materials impacts C, D, E, F, and G to be less than significant and screened out and not discussed in the FEIR. The conclusions included are from the IS/MND. Impacts A and B were found to be potentially significant and the FEIR discussion is included here.
4.14.A & B The Phase I Environmental Site Assessment (Appendix F) conducted for the Project identified two items of environmental concern:
• Impacts from the releases at the Stringfellow site that has impacted groundwater underlying the subject property with contaminants, including volatile organic compounds (VOCs), that could pose a human health threat due to vapor intrusion into future commercial and residential buildings.
• Agricultural use (orchard and row crops) from at least as early as 1931 to circa 1974 (43 years) that typically results in the upper one to two feet of soil being impacted by pesticides (that would include DDT (dichloro-diphenyl-trichloroethane) and DDE (dichlorodiphenyldichloroethylene) and other organochlorine compounds during
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this era in excess of screening concentrations allowed by the agencies due to potential human health impacts.
In 2018, DTSC started a soil gas screening investigation to evaluate the potential for vapor intrusion due to Site contaminants, specifically trichloroethene (TCE) from groundwater. Two rounds of soil gas sampling were conducted in June 2018 (dry season) and February 2019 (wet season). The samples were analyzed for volatile organic compounds (VOCs). Current data indicates that the majority of chemicals in groundwater underneath the Project site have been significantly removed by the existing extraction system, especially TCE and chloroform that are currently detected at levels that pose little to no risk to human health or the environment.
However, to reduce impacts from the potential future exposure to occupants of the Project site to the maximum extent feasible, and to ensure that DTSC monitoring probes are not displaced, the following mitigation measures MM HAZ -1 and MM HAZ -2 are required.
4.14.C PPP 4.9-1 is applied to the gas station component of the Project. This measure will be included in the Project’s Mitigation Monitoring and Reporting Program to ensure compliance. With implementation of PPP 4.9-1 impacts are less than significant.
4.14.D Based on a review of the Cortese List maintained by the California Environmental Protection Agency, the Project site is not identified on the list of hazardous materials sites compiled pursuant to California Government Code §65962.5.
4.14.E The nearest airport is Flabob Airport located approximately 3 miles southeast of the Project site. According to Map FL -1, Flabob Airport Land Use Compatibility Plan, the Project site is not located within an airport compatibility zone.
4.14. F Access to the Project site is proposed from Mission Boulevard, which is an improved 4- lane roadway, and Pyrite Street, which is an improved 2 -lane roadway. The Project site does not contain any emergency facilities, nor does it serve as an emergency evacuation route. During construction and long
-te
rm operation, the Project would be required to
maintain adequate emergency access for emergency vehicles from Mission Boulevard and Pyrite Street.
4.14.G According to the General Plan,23 the Project site is designated as “Urban Unzoned” and is not located within a high wildfire hazard area.
4.14.2 Unavoidable Adverse Impacts
There are no unavoidable adverse impacts identified in the FEIR.
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4.14.3 Applicable General Plan Policies
PPP 4.9-1 As required by California Health and Safety Code §25507, the gas station component of the Project is required to establish and implement a business plan for emergency response to a release or threatened release of a hazardous material in accordance with the standards prescribed in the regulations adopted pursuant to §25503 if the business handles a hazardous material or a mixture containing a hazardous material that has a quantity at any one time above the thresholds described in §§25507(a)(1) through (6).
4.14.4 Applicable Final EIR Mitigation Measures
As described in the FEIR, the following mitigation measures were identified.
Mitigation Measure HAZ-1. Prior to the issuance of a building permit, building plans shall demonstrate sub-slab liners made of a minimum of 40 to 60 mil high -density polyethylene (HDPE) are installed before the slab for each building is poured. The membranes should be durable enough (at least 30 mil) to prevent damage during placement, building construction, remodeling, or maintenance, or to resist failure due to earth movement and age.
Mitigation Measure HAZ -2. Abandonment or Relocation of Wells. Prior to the issuance of a gradin g permit, the Project proponent shall provide written verification from the Department of Toxic Substances Control (DTSC) that any existing monitoring wells on site that are to be abandoned or relocated have been authorized by the DTSC.
4.14.5 Proposed Project Impact Analysis
Development of the Proposed Project will have no new impact Hazards and Hazardous Materials. The FEIR identified potential impacts due to the potential historic use of pesticides that are currently considered a health risk and no longer in use, and past release of VOC from the contaminated Stringfellow Acid Pits approximately 1,000 feet north of the site. Additionally, During excavation required for construction of the proposed Project, to reduce impacts from the potential future exposure to occupants of the Project site to the maximum extent feasible, and to ensure that DTSC monitoring probes are not displaced, the following mitigation measures are required: Mitigation Measure MM-HAZ-1 and MM-HAZ-2. The Modified Project is subject to both MM-HAZ-1 and MM-HAZ- 2 which would reduce the impacts to less than significant.
Based on an examination of the analysis, findings, and conclusions of the FEIR, implementation of the proposed modifications would not substantially increase the severity of significant impacts previously identified, nor would new significant impacts related to hazards and hazardous materials that were not identified in the FEIR.
The FEIR and related implementing actions established goals and policies for development of the Project. Development of the Proposed Project will be constructed in light of the policies of the General Plan, Municipal Code, and the approved Project Mitigation Monitoring and Reporting Program.
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4.15 Tribal Cultural Resources
New Potentially
Significant
Impact
New Mitigation
Required Reduced Impact No New Impact
Would the project
a) Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 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:
i) 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
☐ ☐ ☐ ☒
ii) 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 Section 5024.1? In applying the
criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native
American Tribe
☐ ☐ ☐ ☒
4.15.1 Summary of EIR Conclusions
The Approved Project’s Initial Study / Mitigated Negative Declaration (IS/MND) found impacts related to Tribal Cultural Resources to be less than significant and screened out and not discussed in the FEIR. The conclusions included are from the IS/MND.
4.15.Ai & ii Based on the consultations with the Gabrieleño Band of Mission Indians – Kizh Nation and the Soboba Band Luiseño Indians, it was determined that the Project site may contain tribal cultural resources that could be encountered during ground disturbing activities.
The City has a standard mitigation measure that is applied to projects when there is no evidence that surface tribal cultural resources are present on a property, as is the case with the Project site. The Soboba Band Luiseño Indians has agreed with the City’s standard mitigation measure. The Gabrieleño Band of Mission Indians – Kizh Nation has requested that the tribe’s mitigation measure be imposed on the Project. Therefore, there are mitigation measures for each tribe.
4.14.2 Unavoidable Adverse Impacts
There are no unavoidable adverse impacts identified in the FEIR.
4.14.3 Applicable General Plan Policies
There were no GP Policies identified in the Approved Project FEIR.
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4.14.4 Applicable Final EIR Mitigation Measures
As described in the FEIR, the following mitigation measures were identified.
Gabrieleño MM TCR -1: Tribal Monitoring. Prior to the commencement of any ground disturbing activity at the project site, the project applicant shall retain a Native American Mo nitor approved by the Gabrieleno Band of Mission Indians-Kizh Nation – the tribe that consulted on this project pursuant to Assembly Bill A52 (the “Tribe” or the “Consulting Tribe”). A copy of the executed contract shall be submitted to the City of Jurupa Valley Planning and Building Department prior to the issuance of any permit necessary to commence a ground -disturbing activity. The Tribal monitor will only be present on-site during the construction phases that involve ground- disturbing activities. Ground disturbing activities are defined by the Tribe as activities that may include, but are not limited to, pavement removal, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the project area. The Tri bal Monitor will complete daily monitoring logs that will provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified. The on- site monitoring shall end when all ground-disturbing activities on the Project Site are completed, or when the Tribal Representatives and Tribal Monitor have indicated that all upcoming ground disturbing activities at the Project Site have little to no potential for impacting Tribal Cultural Resources.
Upon discovery of any Tribal Cultural Resources, construction activities shall cease in the immediate vicinity of the find (not less than the surrounding 100 feet) until the find can be assessed. All Tribal Cultural Resources unearthed by project activities shall be evaluated by the qualified archaeologist and Tribal monitor approved by the Consulting Tribe. If the resources are Native American in origin, the Consulting Tribe will retain it/them in the form and/or manner the Tribe deems appropriate, for educational, cultural and/or historic purposes.
If human remains and/or grave goods are discovered or recognized at the Project Site, all ground disturbance shall immediately cease, and the county coroner shall be notified per Public Resources Code Section 5097.98, and Health & Safety Code Section 7050.5. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). Work may continue on other parts of the Project Site while evaluation and, if neces sary, mitigation takes place (CEQA Guidelines Section 15064.5[f]).
Soboba MM TCR-1: Retain Registered Professional Archaeologist : Prior to the issuance of a grading permit, the Project Applicant shall retain a Registered Professional Archaeologist (“Project Archaeologist”) subject to the approval of the City to be on- call during all mass grading and trenching activities. The Project Archaeologist’s responsibilities include, but are not limited to performing the tasks that require the need for a qualified archaeologist pursuant to TCR-2 through TCR-6 below.
Soboba MM TCR-2: Cultural Resources Management Plan: Prior to the issuance of a grading permit, the Project Archaeologist, in consultation with the Consulting Tribe(s), the Project Applicant, and the City, shall develop a Cultural Resources Management Plan (CRMP), to address the implementation of the City’s Tribal Cultural Resource Mitigation Measures TCR-3 through TCR -6,
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including but limited to, timing, procedures and considerations for Tribal Cultural Resources during the course of ground disturbing activities that will occur on the project site. The CRMP be subject to final approval by the City of Jurupa Planning Department.
Soboba MM TCR-3: Tribal Monitoring: Prior to the issuance of a grading permit, the Project Applicant shall provide the City of Jurupa Valley evidence of agreements with the consulting tribe(s), for tribal monitoring. A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB 52 consultation process, and has completed AB 52 consultation with the City as provided for in Public Resources Code Section 21080.3.2(b)(1). The Project Applicant is also required to provide a minimum of 30 days advance notice to the tribes of all ground disturbing activities.
Soboba MM TCR-4: Treatment and Disposition of Inadvertently Discovered Tribal Cultural Resources:
In the event that buried archaeological resources/Tribal Cultural Resources are uncovered during the course of ground disturbing activity associated with the Project, all work must be halted in the vicinity of the discovery and the Project Archaeologist shall visit the site of discovery and assess the significance and origin of the archaeological resource in coordination with the consulting tribe(s). The following procedures will be carried out for treatment and disposition of the discoveries:
1) Temporary Curation and Storage: During the course of construction, all discovered resources shall be temporarily curated in a secure location onsite or at the offices of the Project archaeologist. The removal of any artifacts from the Project site will need to be thoroughly inventoried with tribal monitor oversite of the process; and
2) Tr
eatment and Final Disposition: The landowner(s) shall relinquish ownership of all cultural resources, including sacred items, burial goods, and all archaeological artifacts and non- human remains as part of the required mitigation for impacts to cultural resources. The Applicant shall relinquish the artifacts through one or more of the following methods and provide the City of Jurupa Valley Department with evidence of same
• Preservation-In-Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place they were found with no development affecting the integrity of the resources. This will require revisions to the grading plan, denoting the location and avoidance of the resource.
• Accommodate the process for onsite reburial of the discovered items with the consulting Native American tribes or bands. This shall include measures and provisions to protect the future reburial area from any future impacts. Reburial shall not occur until all cataloguing and basic recordation have been completed; location information regarding the reburial location shall be included into the final report required under TCR-5. Copies of the report shall be provided to the City for their records, the Consulting Tribe(s), and the Eastern Informational Center.
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• Curation. A curation agreement with an appropriate qualified repository within Riverside County that meets federal standards per 36 CFR Part 79 (i.e., a facility such as a museum, archeological center, laboratory or storage facility managed by a university, college, museum, other educational or scientific institution, a Federal, State or local Government agency or Indian tribe that can provide professional, systematic and accountable curatorial services on a long-term basis. and therefore, would be professionally curated and made available to other archaeologists/researchers for further study). The collections and associated records shall be transferred, including title, to an appropriate curation facility within Riverside County, to be accompanied by payment of the fees necessary for permanent curation.
Soboba MM TCR-5: Final Reporting: In the event significant tribal cultural resources as defined by subdivision (c) of Public Resources Code Section 5024.1, or Tribal Cultural Resources as defined by Pub.
Resources Code, § 21074 (a), are discovered on the Project site, prior to the issuance of a building permit, the Project Applicant shall submit a Phase IV Cultural Resources Monitoring Report that complies with the County of Riverside Cultural Resources (Archaeological) Investigations Standard Scopes of Work for review and approval by the City of Jurupa Valley Planning Department. Once the report is determined to be adequate, the Project Applicant shall provide (1) copy to the City of Jurupa Valley Planning Department, and provide the City of Jurupa Valley, evidence that two (2) copies have been submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR ) and one (1) copy has been submitted to the Consulting Tribe(s) Cultural Resources Department(s).
Soboba MM TCR-6: Discovery of Human Remains: In the event that human remains (or remains that may be human) are discovered at the project site during grading or earthmoving, the construction contractors, project archaeologist, and/or designated Native American Monitor shall immediately stop all activities within 100 feet of the find. The Project Applicant shall then inform the Riverside County Coroner immediately, and the coroner shall be permitted to examine the remains as required by California Health and Safety Code Section 7050.5(b). If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes the human remains to be those of a Native American, or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission.
4.14.5 Proposed Project Impact Analysis
Development of the Proposed Project will have no new impact Tribal Cultural resources. The FEIR found that the affected area is located within a traditional use area for Native Americans and as such, mitigation measures will be implemented to required, pe r consultations with the Soboba Band of Luiseño Indians and Gabrieleño Band of Mission Indians – Kizh Nation.
The Modified Project would be subject to the mitigation measures identified in the FEIR including Soboba MM-TRC-1 through Soboba MM- TRC-6 and Gabrieleño MM- TRC-1. With the implementation of these Mitigation Measures, impacts related to Tribal Cultural Resources would be less than significant.
Based on an examination of the analysis, findings, and conclusions of the FEIR, implementation of the
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proposed modifications would not substantially increase the severity of significant impacts previously identified, nor would new significant impacts related to Tribal Cultural resources that were not identified in the FEIR.
The FEIR and related implementing actions established goals and policies for development of the Project. Development of the Proposed Project will be constructed in light of the policies of the General Plan, Municipal Code, and the approved Project Mitigation Monitoring and Reporting Program
4.15 Utilities and Service Systems
New Potentially
Significant
Impact
New Mitigation
Required Reduced Impact No New Impact
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 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 more than State or local standards, or more than 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? ☐ ☐ ☐ ☒
4.15.1 Summary of EIR Conclusions
The Approved Project’s Initial Study / Mitigated Negative Declaration (IS/MND) found impacts B, C, D, and E related to Utilities and Service Systems to be less than significant and screened and not discussed in the FEIR. The conclusions included are from the IS/MND. Impact A was determined to be potential significant and the FEIR discussion is included here.
4.15. A Water and Sewer Facilities
The Project will connect to the existing 12 -inch-diameter water line in Mission Boulevard and the existing 12-inch-diameter water line in Pyrite Street adjacent to the site. The Project will connect to the existing 8-inch- diameter sewer line in Mission Boulevard and the existing 8-inch- diameter sewer line on Pyrite Street adjacent to the site.
No existing water or wastewater lines would be relocated or upsized as part of the Project other than connecting to existing facilities adjacent to the Project site.
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Installation of water and wastewater lines on the Project Site is considered an inherent component of the Project’s construction process.
Storm Drainage Facilities
The Project site is bisected by Pyrite Channel, an existing Riverside County Flood Control channel. The open channel will be converted into a 12’x 6’ underground reinforced concrete box structure. The site will be designed with two Drainage Areas.
Each Drainage Area will have a separate underground storm drain system that will connect to the box structure at the southern boundary. Before water quality flows enter the box structure they will be diverted to underground detention and infiltration systems. In addition, vegetated swales will be placed throughout the Project site to decrease the required treated design capture volume in the downstream systems.
Electric Power Facilities
The Project will connect to the existing Southern California Edison electrical distribution facilities
located within the rights-of-way in Mission Boulevard and Pyrite Street.
Natural Gas Facilities
The Project will connect to the existing Southern California Gas natural gas distribution facilities located in Mission Boulevard and Pyrite Street.
Telecommunication Facilities
Telecommunication facilities include a fixed, mobile, or transportable structure, including all installed electrical and electronic wiring, cabling, and equipment, all supporting structures, such as utility, ground network, and electrical suppor ting structures, and a transmission pathway and associated equipment to provide cable TV, internet, telephone, and wireless telephone services to the Project site. Services that are not provided via satellite will connect to existing facilities maintained by the various service providers.
4.15.B Water service would be provided to the Project site by the Jurupa Community Services District. Water service is available from an existing 8-inch-diameter waterline in Mission Boulevard and from an existing 12 -inch-diameter waterline in Pyrite Street. Based on the Water and Sewer Availability Letter issued for the Project (Appendix G), the district has estimated the Project’s average water demand to be 65.02 acre -feet per year and the maximum water demand to be 108.76
According to the Water and Sewer Availability Letter issued for the Project the district has sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry, and multiple years.
4.2.C The Water and Sewer Availability Letter issued for the Project indicates that the district has sufficient capacity to provide wastewater treatment for the Project.
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4.1.D T he Project’s solid waste generation will add a minimal amount of additional solid waste of the remaining capacity of the Badlands Sanitary Landfill or the El Sobrante Sanitary Landfill. As such, the Project is not anticipated to cause these landfills to exceed their remaining capacities.
In addition, the Municipal Code 6.77.015 - Mandatory Commercial Recycling, requires commercial businesses to arrange for recycling services, consistent with state and local laws, rules, regulations, and requirements to reduce the amount of solid waste processed at landfills.
4.15.2 Unavoidable Adverse Impacts
There are no unavoidable adverse impacts identified in the FEIR.
4.15.3 Applicable General Plan Policies
PPP 4.19-1 The Project shall comply with Section 4.408 of the 2013 California Green Building Code Standards, which requires new development projects to submit and implement a construction waste management plan in order to reduce the amount of construction waste transported to landfills. Prior to the issuance of building permits, the City of Jurupa Valley shall confirm that a sufficient plan has been submitted, and prior to final building inspections, the City of Jurupa shall review and verify the Contractor’s documentation that confirms the volumes and types of wastes that were diverted from landfill disposal, in accordance with the approved construction waste management plan.
PPP 4.1-1 to 4.2.4 apply
4.15.4 Applicable Final EIR Mitigation Measures
MM BIO-1 to MM BIO-4 apply.
MM CR-1 and MM CR-2 apply.
MM Gabrieleño TCR-1 and Soboba TCR-1 through TCR-6 apply.
4.15.5 Proposed Project Impact Analysis
Development of the Proposed Project will have no new impacts on utilities and service systems. Based on an examination of the analysis, findings, and conclusions of the FEIR, implementation of the proposed modifications would not substantially increase the severity of significant impacts previously identified, nor would new significant impacts related to utilities and service systems that were not identified in the FEIR.
The FEIR and related implementing actions established goals and policies for development of the Project. Development of the Proposed Project will be constructed in light of the policies of the General Plan, Municipal Code, and the approved Project Mitigation Monitoring and Reporting Program.
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The increased room size of the Proposed Project Hotel would result in an increased demand for water, sewer, or other utility systems or services other than storm drain facilities, which were found under to have a less than significant impact. (Refer to Hydrology and Water Quality section above). However, the Jurupa Community Services District has reviewed the Modified Project and confirmed that the sewer and water availability letter dated January 13, 2020 for the Approved project applies to the Modified Proposed Project.
FINAL EIR CONCLUSIONS REGARDING SIGNIFICANT AND UNAVOIDABLE IMPACTS
Significant and unavoidable impacts associated with air quality, greenhouse gas emissions, land use and planning, and transportation and circulation were identified. As discussed in the preceding analysis, the Modified Project does not result or contribute to a significant and unavoidable impact.
4.16 Air Quality
New Potentially
Significant
Impact
New Mitigation
Required Reduced Impact No New Impact
Would the project
a) Conflict with or obstruct implementation of the applicable air quality plan? ☐ ☐ ☐ ☒
b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? ☐ ☐ ☒ ☐ c) 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??
☐ ☐ ☒ ☐
4.16.1 Summary of EIR Conclusions
4.16.A
The Project would not exceed regional or localized significance thresholds for NOx during construction but would exceed thresholds for long-te rm operation because of the
number of vehicle trips generated by the Project.
4.16.B Emis
sions resulting from the Project construction will not exceed criteria pollutant thresholds established by the SCAQMD for emissions of any criteria pollutant. Impacts are less than significant for construction emissions.
Long-term operational emissions will exceed the daily regio nal threshold set by SCAQMD for NOx because of the amount of vehicle traffic generated by the Project. The Project proposes several design features such as 113 electric vehicle parking stalls , 129 bicycle parking spaces, improved sidewalks for external and internal pedestrian access, and a bus turnout. Although these measures will help reduce the number of vehicle trips
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generated by the Project, vehicle trips will not be reduced to the extent that NOx emissions would be reduced to less than significant lev els. Since the Project does not have regulatory authority to control tailpipe emissions from automobile and truck vehicle trips, no feasible mitigation measures exist that would reduce NOx emissions to levels that are less than significant.
4.16.C
The Project will not be a source of toxic air contaminants, fugitive dust, or VOC emissions and sensitive receptors would not be exposed to toxic sources of air pollution
4.16.2 Unavoidable Adverse Impacts
Air
Quality Significant Direct and Cumulatively Considerable Impact: The emissions of NOX from motor vehicle trips generated by the Project would exceed the applicable SCAQMD regional thresholds for operational -so
urce emissions of NOX and would therefore contribute to the violation of an air quality standard and result in a significant and unavoidable impact as there are no feasible mitigation measures exist that would reduce the Project’s NOX emissions to levels that are less than significant.
4.16.3 Applicable General Plan Policies
PPP 4.2-1 The Project is required to comply with the provisions of South Coast Air Quality Management District Rule 403, “Fugitive Dust.”
PPP 4.2-2 The Project is required to comply with the provisions of South Coast Air Quality District Rule 431.2, “Sulphur Content and Liquid Fuels.”
PPP 4.2-3 The Project is required to comply with the provisions of South Coast Air Quality Management District Rule 1113, “Architectural Coatings. “
PPP 4.
2-4 The Project is required to comply with the provisions of South Coast Air Quality Management District Rule 1186 “PM10 Emissions from Paved and Unpaved Roads and Livestock Operations” and Rule 1186.1, “Less-Po
lluting Street Sweepers.”
4.16.4 Applicable Final EIR Mitigation Measures
As described in the FEIR, impacts related to air quality were determined to be less than significant or significant and unavoidable and no mitigation measures were identified.
No substantial changes in the environment related to air quality will occur with the Project modifications that would lead to more significant impacts, and no new mitigation measures are required.
4.16.5 Proposed Project Impact Analysis
Development of the Proposed Project will have no new impacts related to air quality.
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To determine the Air Quality impacts from the Modified Project a data from CalEEMod (the Air Quality Emissions Modeling Program) was generated using the new square footage along with scheduling and equipment inputs from the approved project to compare the estimated emissions with the modified project’s square footage. The modifications will not substantially increase the severity of previously identified effects, with the exception of ROG (VOC) and CO emissions all other estimated project operational emissions will be reduced as a result of the modified project’s changes. ROG (VOC) and CO emissions remain well below the SCAQMD Maximum Daily Emissions Thresholds. Operational NOx emissions that exceeded the SCAQMD Maximum Daily Emissions Threshold with the Approved Project will be reduced to a level estimated belo w the threshold with the Proposed Modified Project. The comparison of air quality emission for construction and operation of the approved and proposed modified project is in Tables 4.16-1 and 4.16-2.
Table 4-1 . Construction Emissions (Rule 401 & 403 Compliance) Maximum Daily Emissions ROG NOx CO SOx PM10 PM2.5
Approved Project 55.68 67.21 73.48 0.21 11.86 4.81
Modified Project 49.65 41.48 58.48 0.13 6.20 3.06
SCAQMD Threshold 75 100 550 150 150 55
Source: CalEEMod
Table 4-2. Operational Emissions
Maximum Daily Emissions ROG NOx CO SOx PM10 PM2.5
Approved Project 30.47 163.28 225.76 0.92 62.40 17.24
Modified Project 41.84 29.81 257.40 0.51 51.41 13.92
SCAQMD Threshold 55 55 550 150 150 55
Source: CalEEMod 2020.4.0
Based on an examination of the analysis, findings, and conclusions of the FEIR, implementation of the proposed modifications would not substantially increase the severity of significant impacts previously identified, nor would new significant impacts related to air quality that were not identified in the FEIR.
The FEIR and related implementing actions established goals and policies for development of the Project. Development of the Proposed Project will be constructed in light of the policies of the General Plan, Municipal Code, and the approved Project Mitigation Monitoring and Reporting Program.
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4.17 Greenhouse Gas Emissions
New Potentially
Significant
Impact
New Mitigation
Required Reduced Impact No New Impact
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 emissions of greenhouse gases?
☐ ☐ ☐ ☒
4.17.1 Summary of EIR Conclusions
4.17.A In addition to the PPP’s and mandatory design features described above, the Project will also provide the following design features intended to reduce VMT and thus GHG emissions: 113 electric vehicle parking stalls, 129 bicycle parking spaces, improved sidewalks for external and internal pedestrian access, and a bus turnout. Although these measures will help reduce GHG emissions, they will not be reduced to the extent that emissions would be reduced to less than significant levels.
4.17.B Because global warming is the result of GHG emissions, and GHGs are emitted by innumerable sources worldwide, the Project has no potential to result in a direct impact to climate change; rather, Project -related contributions to climate, if any, only have potential significance on a cumulative basis. Therefore, Project-specific impacts result in contribution to cumulative GHG impacts. As discussed above, incorporation of PPP 4.5- 1 through 4.5-6 and the design measures and features described in this analysis would contribute to minimizing emissions. However, implementation of the Project would still result in net annual emissions that exceed the GHG emissions significance threshold of 3,000 MTCO2e/yr. Therefore, Project -related GHG emissions and their contribution to global climate change would be cumulatively considerable, and GHG emissions impacts would be significant and unavoidable.
4.17.2 Unavoidable Adverse Impacts
GHG Emissions Generation Direct and Cumulatively Considerable Impact: Project -related GHG emissions would exceed the City’s significance threshold of 3,000 MTCO2e per year and would result in a significant and unavoidable impact as there are no feasible mitigation measures that would reduce the Project’s GHG emissions to levels that are less than significant.
4.17.3 Applicable General Plan Policies
PPP 4.5-1 Prior to building permit issuance, the City shall verify that the following note is included on building plans. Project contractors shall be required to ensure compliance with the note and permit inspection by City of Jurupa Valley staff or their designee to ensure
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compliance. The note also shall be specified in bid documents issued to prospective construction contractors.
“All installed appliances shall comply with California Code of Regulations Title 20 (Appliance Energy Efficiency Standards), which est ablishes energy efficiency requirements for appliances.”
PPP 4.5-2 Prior to the approval of landscaping plans, the City shall verify that all landscaping will comply with City Ordinance No. 2015-17, “Water Efficient Landscape Requirements.” Project contractors shall be required to ensure compliance with approved landscaping plans.
PPP 4.5-3 Prior to issuance of a building permit, the Project Applicant shall submit energy usage calculations in the form of a Title 24 Compliance Report to the City of Jurupa Valley Planning Department showing that the Project will meet the current California Building Code Title 24 requirements. The City shall review and approve the Report and ensure that building and site plan designs meet the current California Title 24 Energy Efficiency Standards.
PPP 4.5-4 Prior to the issuance of a building permit, building plans shall be reviewed by the City Building Department to ensure that measures to reduce water consumption and the associated energy-usage are designed to comply with the mandatory 20% reduction in indoor water usage contained in the current CALGreen Code and the 30% reduction in outdoor water usage contained in the City’s water efficient landscape requirements.
Additionally, the Project shall implement the following:
• Landscaping palette emphasizing drought tolerant plants; • Use of water-efficient irrigation techniques;
• U.S. EPA Certified WaterSense labeled or equivalent faucets, high- efficiency toilets (HETs), and water-conserving fixtures, e.g., sink faucets, showerheads.
PPP 4.5-5 Prior The Project shall participate in established City -wide programs for commercial development projects to reduce solid waste generation, in accordance with the provisions of the Riverside Countywide Integrated Waste Management Plan.
PPP 4.5-6 The Project is required to comply with the CALGreen Code, as required by the City’s Municipal Code Section 8.05.010. In addition, the Project will implement the following design features:
• Utilize low-flow fixtures that would reduce indoor water demand by 20% per CalGreen Standards.
• Utilize water-efficient irrigation systems.
• Implement recycling programs that reduces waste to landfills by a minimum of 75 percent (per AB 341).
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• Architectural coatings will be limited to 50 grams per liter VOC content for buildings and 100 grams per liter VOC content for parking lot striping per SCAQMD Rule 1113. • EnergyStar appliances to be utilized on-site.
• Compliance with 2019 Title 24 standards; and incorporation of the CAPCOA-based land use and site enhancement reduction measures: LUT-1 Increased Density, LUT- 4 Improved Destination Accessibility, LUT-5 Increase Transit Accessibility, and SDT- 1 Improve Pedestrian Network.
4.17.4 Applicable Final EIR Mitigation Measures
As described in the FEIR, impacts related to greenhouse gas emissions were determined to be less than significant and no mitigation measures were identified.
No substantial changes in the environment related to greenhouse gas emissions will occur with the Project modifications that would lead to more significant impacts, and no new mitigation measures are required.
4.17.5 Proposed Project Impact Analysis
Development of the Proposed Project will have no new impacts on greenhouse gas emissions. To determine the Greenhouse Gas Emissions (GHG) impacts from t he Proposed Project, data from CalEEMod (the Air Quality Emissions Modeling Program) was generated using the proposed size and square footage and land use to compare the estimated emissions with the approved project. The comparison of GHG emission for construction and operation of the hotel are provided in Table 4.17-3.
Table 4.17-3 Net GHG Emissions
Emission Source Annual Emissions (MTCO2e)
Approved Project 9,568.86 (1)
Proposed Project 9.762.30(2)
Variance (Approved Project – Proposed Project) 193.44
Source: (1) FEIR Table 4.5.2. (2) CalEEMod 2020.4.0
The Proposed Modified Project will decrease the GHG emissions by an estimated 193.44 MTCO2e/year from the total project emissions estimated in the FEIR from 9,568.86 MTCO2e to the proposed project’s 9,762.30 MTCO2e per year. The Modified Project GHG emissions represents a 2 % increase in annual GHG emissions above the Approved Project Emissions which will not substantially increase the severity of previously identified effects.
Based on an examination of the analysis, findings, and conclusions of the FEIR, implementation of the proposed modifications would not substantially increase the severity of significant impacts previously identified, nor would new significant impacts relat ed to greenhouse gas emissions that were not identified in the FEIR.
The FEIR and related implementing actions established goals and policies for development of the Project. Development of the Proposed Project will be constructed in light of the policies of the General Plan, Municipal Code, and the approved Project Mitigation Monitoring and Reporting Program.
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4.18 Land Use and Planning
New Potentially
Significant
Impact
New Mitigation
Required Reduced Impact No New Impact
Would the project
a) Physically divide an established community? ☐ ☐ ☐ ☒
b) Cause a significant environmental impact due to a conflict with any applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? ☐ ☐ ☐ ☒
4.18.1 Summary of EIR Conclusions
The Approved Project’s Initial Study / Mitigated Negative Declaration (IS/MND) found impact A related to land use and planning be less than significant and screened out and not discussed in the FEIR. The conclusions included are from the IS/MND. Impact B was determined to be potentially significant and the FEIR discussion is included here.
4.18.A The Project site is surrounded by existing development. As such, the Project will not divide a community.
4.18.B The Project is consistent with the applicable goals and policies of the City of Jurupa Valley General Plan as demonstrated in FEIR Table 4.7- 1, General Plan Consistency Analysis. The Project is also consistent with the Western Riverside County Multiple Species Habitat Conservation Plan.
As discussed in the Air Quality, of the FEIR, the Project’s long-term operational emissions will exceed the daily regional threshold set by SCAQMD for NOx because of the amount of vehicle traffic generated by the Project. Since the Project does not have regulatory authority to control tailpipe emissions from automobile and truck vehicle trips, no feasible mitigation measures exist that would reduce NOx emissions to levels that are less than significant. Accordingly, the Project is determined not to be consistent with the Air Quality Plan and the impact is cumulatively considerable .
4.18.2 Unavoidable Adverse Impacts
The Project is determined not to be consistent with the Air Quality Plan and the impact is cumulatively considerable.
Implementation of the Project would still result in net annual emissions that exceed the GHG emissions significance threshold of 3,000 MTCO2e/yr. Therefore, Project -related GHG emissions and their contribution to global climate change would be cumulatively considerable.
Although the Project implements the applicable strategies identified in Connect SoCal such as providing bicycle lanes; developing an infill development site near a bus stop; creating new jobs thus improving
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City’s jobs/housing balance; providing electric v ehicle charging stations; and providing internal and external sidewalks thus encouraging pedestrian activity, the Project’s vehicle miles traveled and GHG emissions exceed the City’s threshold. Therefore, the Project’ impact is cumulatively considerable.
4.18.3 Applicable General Plan Policies
There were no GP Policies identified in the Approved Project FEIR.
4.18.4 Applicable Final EIR Mitigation Measures
As described in the FEIR, impacts related to land use and planning were determined to be less than significant and no mitigation measures were identified.
No substantial changes in the environment related to land use and planning will occur with the Project modifications that would lead to more significant impacts, and no new mitigation measures are required.
4.18.5 Proposed Project Impact Analysis
Development of the Proposed Project will have no new impacts on land use and planning. The Modified Project is proposing changes in square footage, a reduced number of general retail in exchange for a larger single structure as well as changes in the layout of the site plan and not change the approved land use or zoning of the original approved project. Based on an examination of the analysis, findings, and conclusions of the FEIR, implementation of the proposed modifications would not substantially increase the severity of significant impacts previously identified, nor would new significant impacts related to land use and planning occur that were not identified in the FEIR.
The FEIR and related implementing actions established goals and policies for development of the Project. Development of the Proposed Project will be constructed in light of the policies of the General Plan, Municipal Code, and the approved Project Mitigation Monitoring and Reporting Program.
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4.19 Transportation
New Potentially
Significant
Impact
New Mitigation
Required Reduced Impact No New Impact
Would the project
a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
☐ ☐ ☐ ☒
b) Conflict or be inconsistent with CEQA Guidelines § 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? ☐ ☐ ☐ ☒
4.19.1 Summary of EIR Conclusions
The Approved Project’s Initial Study / Mitigated Negative Declaration (IS/MND) found impacts A, C, and D related to Transportation to be less than significant and screened out and not discussed in the FEIR. The conclusions included are from the IS/MND. Impact B was determined to be potentially significant and the FEIR discussion is included here.
4.19.A Through the City’s project review process, policies, plans, and/or programs supporting alternative transportation would be reviewed and incorporated as applicable.
Consequently, Project impacts related to non-vehicular traffic (i.e., transit service) will be less than significant, and no mitigation is required. The proposed Project will provide adequate pedestrian facilities, including upgrading the existing sidewalks along public streets abutting the site, as necessary. The Municipal Code also requires the Project to provide bicycle parking facilities.
4.19.B The results of the VMT analysis based on the City of Jurupa Valley Draft Traffic Impact Analysis Preparation Guidelines 2020 the Project increase VMT by 13,033 trips.
Therefore, the Project’s net VMT per employee exceeds the City’s average VMT.
4.19.C Access to the site is already in place from the roadways abutting the Project site. The Project is including street improvements as described in the FEIR that will meet City standards. Additionally, the Project is a located in a commercial area with some residential uses. The Project would not be incompatible with existing development in the surrounding area to the extent that it would create a transportation hazard because of an incompatible use.
4.19.D The Project would result in a new commercial shopping center that would increase the need for emergency access to and from the site. Adequate emergency access would be provided to the Project site from Mission Boulevard and Pyrite Street. During preliminary review of the Project, the Project’s transportation design was reviewed by the City’s Engineering Department, the County Fire Department, and the County
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Sheriff’s Department to ensure that adequate access to and from the site would be provided for emergency vehicles.
4.19.2 Unavoidable Adverse Impacts
Vehicle Miles Traveled Direct and Cumulatively Considerable Impact : The Project would increase in vehicle miles traveled (VMT) by 13,033 miles over the City’s baseline VMT and would result in a significant and unavoidable impact as there are no feasible mitigations measures to reduce VMT to levels that are less than significant.
4.19.3 Applicable General Plan Policies
PDF 4.8-1 As shown on the Site Plan for SDP No. 20018, or as required as a condition(s) of approval, the Project shall include the following design features: improve the pedestrian network by constructing sidewalks along both Mission Boulevard and Pyrite Street that connect to the existing sidewalks south of and the west side of Pyrite Street; provide on- site bicycle parking; and provide Class II and Class III bicycle along the frontage of the Project site adjacent to Pyrite Street and Mission Boulevard.
4.19.4 Applicable Final EIR Mitigation Measures
As described in the FEIR, impacts related to transportation were determined to be less than significant and no mitigation measures were identified.
No substantial changes in the environment related to transportation will occur with the Project modifications that would lead to more significant impacts, and no new mitigation measures are required.
4.19.5 Proposed Project Impact Analysis
Development of the Proposed Project will have no new impacts related to transportation. Based on an examination of the analysis, findings, and conclusions of the FEIR, implementation of the proposed modifications would not substantially increase the severity of significant impacts previously identified, nor would new significant impacts related to transportation that were not identified in the FEIR.
To determine if the Modified Project would substantially change the impacts on VMT a VMT Analysis comparison was conducted by TJW Engineering, Inc. The comparison found that the Approved Project would have a Future Year VMT of 5,467,673 and the Modified Project would result in a Future Year VMT of 5,469,107. The Modified Project would result in an additional Future Year VMT of 1,433 or
0.03%, which would not create a new significant impact beyond the Approved Projects evaluation in the FEIR. The VMT comparisons for Base Year, Future Year, and the Notice of Preparation (NOP) Year (2021), are in Table 4.19-1.
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Table 4.19-1 Roadway VMT Within City Limits Comparison
VMT
Approved
Project Proposed Project
Change from
Previous
Approval
Percent
Change
Base Year 4,279,636 4,281,886 2,250 0.05 %
Future Year 5,467,673 5,469,107 1,433 0.03 %
NOP Year 4,455,642 4,457,771 2,129 0.05 %
The FEIR and related implementing actions established goals and policies for development of the Project. Development of the Proposed Project will be constructed in light of the policies of the General Plan, Municipal Code, and the approved Conditions of Approval and the Project Mitigation Monitoring and Reporting Program. Project Transportation impacts would be less than significant.
5.0 CONCLUSION
As described in the Environmental Checklist in Section 4.0 and based on an examination of the analysis, findings, and conclusions of the FEIR, implementation of the proposed project modifications would not substantially increase the severity of significant impacts previously identified, nor would new significant impacts related to environmental impacts that were not identified in the FEIR.
Impacts for Air Quality and Greenhouse Gas Emissions will be reduced as a result of the proposed project as compared to the approved project. The effects associated with the Modified Project would be substantially the same as those reported for the FEIR, and thus no supplemental or subsequent EIR is required.
Exhibit “B”
Conditions of Approval
REVISED PERMIT FOR “SHOPS AT JURUPA VALLEY” (MA21334) REVISED: OCTOBER 19, 2022 CONDITIONS OF APPROVAL (TPM37890R1, SDP20018R1, CUP22002, PCN22003, VAR22003)
EXHIBIT B
COMMUNITY DEVELOPMENT DEPARTMENT
1. PROJECT PERMITTED. MA21334 (TPM37890R1, SDP20018R1, CUP22002, PCN22003, & VAR22003) is an approval to construct an approximate 147,000 square- foot department store with alcoholic beverage sales for off -premises consumption, and a 2,800 square-foot drive-thru restaurant, in lieu of an office building, and four (4) smaller retail buildings, and re -configuration of lot lines to match the rev ised site plan at the previously entitled “Shops at Jurupa Valley” shopping center on 31.7 acres of vacant land at the northeast corner of Mission Boulevard and Pyrite Street (APNs: 171 -020- 001, -002, and -025). The approval also includes alcoholic beverag e sales for on - premises consumption at Building 9, and a Variance to allow signs affixed to rear walls of buildings to exceed five (5) percent of the surface area, and a reduced interior setback for Building 16 (department store) from 30 feet to nine (9) feet.
2. INDEMNIFY CITY. The applicant, the property owner or other holder of the right to the development entitlement(s) or permit(s) approved by the City for the project, if different from the applicant (herein, collectively, the “Indemnitor”), shall indemnify, defend, and hold harmless the City of Jurupa Valley and its elected city council, its appointed boards, commissions, and committees, and its officials, employees, and agents (herein, collectively, the “Indemnitees”) from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either (i) the City’s approval of the project, including without limitation any judicial or administrative proceeding initiated or maintained by any person or entity challenging the validity or enforceability of any City permit or approval relating to the project, any condition of approval imposed by City on such permit or approval, and any finding or determination made and any other action taken by any of the Indemnitees in conjunction with such permit or approval, including without limitation any action taken pursuant to the California Environmental Quality Act (“CEQA”), or (ii) the acts, omissions, o r operations of the Indemnitor and the directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the Indemnitor with respect to the ownership, planning, design, construction, and maintenance of the project and the property for which the project is being approved.
The City shall notify the Indemnitor of any claim, lawsuit, or other judicial or administrative proceeding (herein, an “Action”) within the scope of this indemnity obligation and request that the Indemnitor defend such Action with legal counsel reasonably satisfactory to the City. If the Indemnitor fails to so defend the Action, the City shall have the right but not the obligation to do so and, if it does, the Indemnitor shall promptly pay the City’s full cost thereof. Notwithstanding the foregoing, the indemnity obligation under clause (i) of the first sentence of this condition shall not apply to the extent the claim arises out of the willful misconduct or the sole active negl igence of the City.
3. CONSENT TO CONDITIONS. Within thirty (30) days after project approval, the owner or designee shall submit written consent to the required conditions of approval to the Community Development Director or designee.
4. FEES. The approval of MA21334 (TPM37890R1, SDP20018R1, CUP22002, PCN22003, & VAR22003) shall not become effective until all planning fees have been paid in full.
REVISED PERMIT FOR “SHOPS AT JURUPA VALLEY” (MA21334) REVISED: OCTOBER 19, 2022 CONDITIONS OF APPROVAL (TPM37890R1, SDP20018R1, CUP22002, PCN22003, VAR22003)
5. INCORPORATE CONDITIONS. Prior to the issuance of the building permit for each commercial building, the owner or designee shall include within the first four pages of the working drawings a list of all conditions of approval imposed by the project’s final approval.
6. APPROVAL PERIOD – REVISED TENTATIVE PARCEL MAP. The revised tentative parcel map (TPM37890R1) shall expire on August 19, 2024, the expiration date of the original tentative map (TPM37890), unless within that period of time a final map shall have been approved and filed with the County of Riverside Assessor -County Clerk - Recorder.
7. APPROVAL PERIOD – REVISED PERMIT. The revised permit (SDP20018R1) shall expire on August 19, 2023, the expiration date of the original entitlement (SDP20018).
This approval shall be used prior to the expiration date; otherwise, it shall become null and void and of no effect whatso ever. By use is meant the beginning of substantial construction contemplated by this approval, which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration date of August 19, 2023, the permittee may request up to three (3) years of extension of time in which to begin substantial construction or use of this permit. Should the extension be obtained and no substantial construction or use of this permit be initiated within five (5) years of the approval date of the original entitlement, it shall become null and void.
8. APPROVAL PERIOD – CONDITIONAL USE PERMIT. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By “use”, it shall mean the beginning of substantial construction contemplated by this approval within two (2) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the two (2) year period, the permittee may request up to one (1) year of extension of time in which to begin substantial construction or use of this permit. Should the extension be obtained and no substantial construction or use of this permit be initiated within three (3) years of the approval date this permit, it shall become null and void.
9. CONFORMANCE TO APPROVED EXHIBITS. The project shall be in conformance to the approved plans, which includes the following:
a. Revised Tentative Parcel Map No. 37890 (dated 7/27/2022); b. Site Plan (dated 9/27/2022);
c. Floor Plans and Elevations (dated 9/7//2022);
d. Landscape Plan (dated 8/23/2022);
e. Grading Plan (n.d.);
f. Master Sign Program (dated 9/1/2022).
10. MITIGATION MEASURES. This project shall be subject to, and comply with, all of the mitigation measures set forth in the Mitigation Monitoring and Reporting Program adopted by Resolution No. 2021-56 in connection with the adoption of an Environmental Impact Report prepared for Master Application (MA) No. 20035 – “The Shops at Jurupa Valley”.
REVISED PERMIT FOR “SHOPS AT JURUPA VALLEY” (MA21334) REVISED: OCTOBER 19, 2022 CONDITIONS OF APPROVAL (TPM37890R1, SDP20018R1, CUP22002, PCN22003, VAR22003)
11. GENERAL MAINTENANCE OF PROPERTY. The property shall be maintained including the removal of debris, weeds, abandoned vehicles, code violations, and any other factor or condition that may contribute to potential blight or crime.
12. LANDSCAPE MAINTENANCE. The landscaped areas shall be maintained as approved on the final landscape plans in an orderly, attractive and healthy condition. This shall include proper pruning, mowing of turf areas, weeding, removal of litter, fertilization, replacement of plants when necessary, and the regular application of appropriate quantities of water to all landscaped areas. The property owner shall maintain all irrigation systems as approved on the final landscape plans in proper operating condition. Waterline breaks, head/emitter ruptures, overspray or runoff conditions and other irrigation system failures shall be repaired immediately. The applicant shall maintain canopy trees in a manner that they provide the required shade coverage and encourages the canopy to grow to provide shade. The applicant shall avoid topping trees or pruning the trees in a manner that the trees do not achieve mature height and form.
13. ARB SIGN FOR IDLING. Signs shall be installed at truck entrances of the project site and at each loading bay to limit truck idling times. The signs shall state the following:
“The driver of a diesel -fueled motor vehicle with a gross vehicle weight rating (GVWR) greater than 1 0,000 pounds is prohibited from idling the vehicle’s primary engine for more than five (5) minutes at any location and may not operate a diesel fueled auxiliary power system (APS) for more than 5 minutes at any location on the property. The minimum penalty for an idling violation is $300.00. To report a violation, please contact 1-800-END-SMOG.”
a. Prior to the issuance of the building permit for the first commercial building, this same sign shall be shown on all working drawings being placed at the truck entrance of the property and one sign shall be placed at each loading bay. Provide signs on all building plans.
b. Prior to the issuan ce of the certificate of o ccupancy for each commercial building, signs limiting the amount of time allowed for truck engine idling shall be installed.
c. All truck idling time (including off -road equipment used during construction or operation) with a gross vehicle weight rating (GVWR) 10,000 pounds or less shall be limited to a maximum of five (5) minutes within the site.
14. DRIVEWAY ENHANCEMENTS. All driveways leading directly into the project site shall have design enhancements such as decorative paving. Said enhancements shall be approved by the Community Development Director prior to the issuance of the building permit for the first commercial building of the development project.
15. UNDERGROUNDING OF DRAINAGE. Driveway and parking areas shall not incorporate center swales, ribbon gutters, concrete valleys, etc. All drainage in common and private use areas shall be underground and shall not incorporate open gutters or swales.
16. COMMUNITY DEVELOPMENT DEPARTMENT REVIEW OF GRADING PLANS. Prior to the issuance of the grading permit , the aesthetic impact of slopes and grade differences where the project adjoins streets or other properties shall be approved by the Community Development Director.
17. OWNERSHIP AND MAINTENANCE OF COMMON AREA. Covenants, Conditions, and REVISED PERMIT FOR “SHOPS AT JURUPA VALLEY” (MA21334) REVISED: OCTOBER 19, 2022 CONDITIONS OF APPROVAL (TPM37890R1, SDP20018R1, CUP22002, PCN22003, VAR22003)
Restrictions (CC&Rs) shall be approved by the Community Development Director and City Engineer prior to the recordation of the final map, providing for maintenance of the property in perp etuity. The CC&Rs shall, at a minimum, include provisions for the following items unless it is deemed unnecessary by the Community Development Director:
a. Formation of a Permanent Organization for the ownership and maintenance of all common areas including, but not limited to, landscaping, parking areas, and circulation systems (areas) in perpetuity.
b. The CC&Rs shall identify the common areas for ownership and maintenance. The common areas shall include the following applicable items:
i. Access and Circulation Areas
ii. Drainage Facilities
iii. Landscaping and Irrigation
iv. On-site Lighting Fixtures
v. Walls and Fences
vi. All on-site storm water and water quality management post-construction facilities and features (BMPs) shall require maintenance by the property owner(s). Regulations for operations and maintenance shall be clearly stated in the CC&Rs.
vii. A cross-lot drainage easement/agreement shall be required among parcel(s).
18. ON-SITE LANDSCAPING. Prior to the issuance of the building permit for the first commercial building of the development project, a “Professional Services” (PROS) application shall be approved by the Community Development Director. The PROS application shall include the following items:
a. Final (construction set) on-site landscape plans;
b. Completed City Agreement for Landscape improvements
c. City Faithful Performance Bond for Landscape improvements; performance bond shall be posted at 110% of the total cost approved estimate of landscaping, irrigation, labor, and one -year maintenance. The Community Development Director may consider a cash bond if appropriate.
Prior to the issuance of the certificate of occupancy for the first commercial building of the development project, the following events shall be satisfied in the order listed below:
a. Substantial Conformance Letter: The Landscape Architect of Record shall conduct an inspection and submit a letter to the City of Jurupa Valley Community Development Department after the landscape architect has deemed the installation is in conformance to the approved plans; and b. City Inspection: The City landscape architect shall conduct an inspection of the installation to confirm the landscape and i rrigation plan was constructed in accordance to the approved plans. Applicant shall pay any fees associate with REVISED PERMIT FOR “SHOPS AT JURUPA VALLEY” (MA21334) REVISED: OCTOBER 19, 2022 CONDITIONS OF APPROVAL (TPM37890R1, SDP20018R1, CUP22002, PCN22003, VAR22003)
the City inspection(s).
19. GRAFFITI PROTECTION FOR WALLS. Plans that include anti -graffiti coating or protection for the exterior side of all perimeter walls and exterior of building walls to half the height of the structure, to a maximum of 12 feet, shall be approved by the Community Development Director prior to the issuance of the building permit for the first commercial building of the development project. Graffiti shall be removed from the property within 24 hours.
20. TRASH COLLECTION.
a. Detailed plans for trash enclosure(s) shall be approved by the Community Development Director prior to the issuance of the building permit for the first commercial building of the development project . Walls of the enclosure and any solid gates shall have graffiti protection coating. All trash enclosure gates shall be self-closing.
b. An approval or clearance letter from the waste collection agency shall be subm itted to the Community Development Director prior to the issuance of the building permit for the first commercial building of the development project.
21. OUTDOOR LIGHTING. All outdoor lighting fixtures shall be maintained in good condition. Light fixtures shall be downward facing, shielded to prevent any light from flooding onto adjacent properties, and reflecting into the sky.
A photometric plan and exhibits of lighting fixtures shall be approved by the Community Development Director prior to the issuance of the building permit for the first commercial building of the development project.
22. WALL AND FENCE PLAN. A Wall & Fence plan, including elevations, colors, and materials, shall be approved by the Community Development Director prior to the issuance of the building permit for the first commercial building of the development project.
23. BACKFLOW DEVICES. The location of all backflow devices, and any required screening of it, shall be approved by the Community Development Director prior to the issuance of the bu ilding permit for the first commercial building of the development project. Backflow devices shall be located the greatest extent possible from the front property line.
24. JURUPA AREA RECREATION AND PARK DISTRICT (JARPD). Prior to the issuance of the building permit for the first commercial building of the development project , the applicant shall annex into the existing Jurupa Area Recreation and Park District (JARPD) District-Wide Community Facilities District (CFD) or form a new Community Facilities District (CFD) to contribute to the cost of park maintenance.
25. IMPACT FEES. The applicant shall pay the following impact fees (unless exempt) in accordance to Title 3 of the Municipal Code:
a. Development Impact Fee (DIF) Program . The applicant shall pay any owed DIFs by the required deadline pursuant to Chapter 3.75 of the Jurupa Valley Municipal Code.
b. Multiple Species Habitat Conservation Plan Mitigation (MSHCP) Fee. The REVISED PERMIT FOR “SHOPS AT JURUPA VALLEY” (MA21334) REVISED: OCTOBER 19, 2022 CONDITIONS OF APPROVAL (TPM37890R1, SDP20018R1, CUP22002, PCN22003, VAR22003)
applicant shall pay any owed MSHCP fees by the required deadline pursuant to Chapter 3.80 of the Municipal Code.
c. Transportation Uniform Mitigation Fee (TUMF) Program . The applicant shall pay any owed TUMFs by the required deadline pursuant to Chapter 3.70 of the Municipal Code.
26. ACCESSORY STRUCTURES OR ROOFTOP EQUIPMENT FOR GAS STATION.
Accessory structures or equipment, including vapor recovery system, and air and water dispensers, shall not be constructed or installed within 10 feet from rights-of-way. Plans shall indicate the proposed location of any accessory structures or equipment for Community Development Director approval prior to the issuance of the building permit for Building 6 (Gas Station with Convenience Store).
27. RESTRICTION OF DELIVERY TIMES. No deliveries shall be made to the project site between the hours of 10 PM and 6 AM.
28. ALCOHOL – OPERATIONAL STANDARDS. The Applicant shall comply with all operational standards applicable to the proposed on -sale, and off -sale alcohol uses pursuant to Section 9.240.490.E. of the Jurupa Valley Municipal Code.
29. PHASING OF DEVELOPMENT. Prior to the issuance of the certificate of occupancy for the gas station with convenience store (Building 6), and the carwash (Building 15), the Applicant shall have first started building construction for a combined minimum of five (5) anchor retail tenant buildings (Buildings 1, 2, 3, 13), and/or restaurant/retail buildings (Buildings 4, 5, 7, 8, 9, 10, 11, 14).
ENGINEERING DEPARTMENT
30. The Applicant and City may enter into one or more agreements allocating responsibility for design and construction of the off -site public improvements required by the Conditions of Approval. If the City agrees to be responsible for the design and construction of an off-site public improvement required by a Condition of Approval, the Developer shall be deem to have fulfilled that Condition upon the approval and execution of such an agreement.
31. GENERAL REQUIREMENTS (ENGINEERING)
32.1 The use hereby conditioned is for Revised Tentative Parcel Map No. 37890 (TPM37890R1 ), Revised Permit (SDP20018R1) No. 1, Conditional Use Permit (CUP) No. 22002, Determination of Public Convenience or Necessity (PCN) No. 22003, and Variance (VAR) No. 22003 being the subdivision and development of a portion of Tract No. 5 and a portion of Tra ct No. 8 of the J.R. Johnston Estate Company in Book 7, Page 63 of Maps, Records of Riverside County, consisting of approximately 31.7 acres, into t wenty numbered parcels for commercial and mixed used purposes. The following exhibits are hereby referenced:
Site Pan prepared by McKently Malak Architects and dated 9/27/2022. Traffic Impact Analysis prepared by TJW Engineering dated 9/22/2022.
32.2 All water quality management post -construction facilities and features (BMPs) will require maintenance by a public agency or Home Owner’s/Property Owner’s Association (HOA/POA). To ensure that the general public is not unduly REVISED PERMIT FOR “SHOPS AT JURUPA VALLEY” (MA21334) REVISED: OCTOBER 19, 2022 CONDITIONS OF APPROVAL (TPM37890R1, SDP20018R1, CUP22002, PCN22003, VAR22003)
burdened with future costs the City will require that an acceptable financial mechanism be implemented to provide for maintenance of water quality treatment BMPs , if any within the public right -of-way, in perpetuity. This may consist of a mechanism to assess individual benefiting property owner(s), or other means approved by the City Engineer.
32.3 All utility extensions within the subdivision and within individual parcels shall be placed underground.
32.4 Development of the site is proposed in two phases. Unless otherwise specified, these conditions apply with the first design/construction phase.
32.5 The project shall be annexed to Jurupa Valley L&LMD 89 -1-C; the following shall be included in the annexation budget:
a. Operation and maintenance of streetlights.
b. Operation and maintenance of landscape and irrigation of parkways. c. Operation and maintenance of landscape and irrigation of median on Mission Boulevard.
d. Traffic signal operation and maintenance.
e. Graffiti abatement.
f. The installation or construction of curbs, gutters, walls, sidewalks or paving, water irrigation, drainage or electrical facilities.
32. PRIOR TO GRADING PERMIT
33.1 No grading permit, including mass, rough, and/or precise, shall be issued until the associated pertinent Planning permits are approved and in effect.
33.2 No precise grading permit shall be issued until the project entitlements , corresponding with this tentative parcel map, is approved and in effect.
33.3 All grading shall conform to the California Building Code , the City’s Municipal Code Chapter 8, and all other relevant laws, rules, and regulations governing grading in the city of Jurupa Valley. Grading shall be pe rformed in accordance with the recommendations of the geotechnical report. Plans shall be approved by the city engineer and securities shall be in place prior to permit issuance.
33.4 Prior to approval of the grading plan, the Applicant shall prepare a detailed flood hazard/hydrology and hydraulics report for the entire subdivision area, for review and approval of the city engineer.
33.5 Prior to approval of the grading plan and any grading permit, the Applicant shall submit a project specific geotechnical report for review and approval of the Engineering department. The following items shall be included in the report:
33.5.1 The geotechnical report shall include project specific recommendations for onsite pavement sections.
33.5.2 The geotechnical report shall include recommendati ons for Mission Boulevard pavement section.
33.5.3 The geotechnical report shall include recommendations for Pyrite Street pavement section.
REVISED PERMIT FOR “SHOPS AT JURUPA VALLEY” (MA21334) REVISED: OCTOBER 19, 2022 CONDITIONS OF APPROVAL (TPM37890R1, SDP20018R1, CUP22002, PCN22003, VAR22003)
33.5.4 The geotechnical report shall provide infiltration and drainage recommendations for the site. Appropriate percolation test ing should be performed in accordance with Riverside County guidelines.
33.5.5 Any onsite and offsite bmps shall be designed and sized per the findings of the Geotechnical Engineer. Any changes to proposed bmp sizing and impacts to the approved Site Plan exhibit, may require additional approvals.
33.5.6 The geotechnical report needs to address the stability o the proposed cut slope near the northeast boundary of the site.
33.5.7 The geotechnical report shall provide updated seismic design parameters in accordance with the 2019 (or current) California Building Code.
33.5.8 The geotechnical report shall include recommendations for any, if any, remedial grading for buildings in cut -to-fill transition areas and differential fill thicknesses/settlement; as well as remedial grading for retaining walls.
33.5.9 The geotechnical report shall provide recommendations for the proposed reinforced concrete box storm drain that will replace the existing open channel.
33.6 A hauling permit is required for this project for the import/export of material using city s treets, the review and approval of the haul route by the Engineering Department will be required. Where grading involves import or export the Applicant shall obtain approval for the import/export location, from the Engineering Department if located in the City. If an Environmental Assessment did not previously approve the import/export location, a Grading Environmental Assessment shall be submitted to the Engineering Department for comment and to the Community Development Director for review and approval. If import/export location is outside of the City, the Applicant shall provide evidence that the jurisdictional agency has provided all nec essary approvals for import/export to/from the site.
33.7 The grading plan shall provide for acceptance and proper disposal of all off-site drainage flowing onto or through the site. Should the quantities exceed the street capacity, the Applicant shall provide adequate drainage facilities and/or appropriate easements as approved by the city engineer. All drainage easements shall be shown on the final parcel map and noted as follows:
"Drainage Easement - no building, obstructions, or encroachments by landfills are allowed".
33.8 It shall be the sole responsibility of the Applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading shown on the tentative map exhibit. This includes any required permissions for work within Riverside County Flood Control and Water Conservation District ’s (RCFC&WCD) easements and/or properties, and any required permissions for work within the California Department of Transportation (Caltrans) easements and/or properties.
REVISED PERMIT FOR “SHOPS AT JURUPA VALLEY” (MA21334) REVISED: OCTOBER 19, 2022 CONDITIONS OF APPROVAL (TPM37890R1, SDP20018R1, CUP22002, PCN22003, VAR22003)
Applicant shall obtain authorization from Caltrans for connection and modification to the existing juncture drainage structure, if necessary.
33.9 If grading is required offsite, the Applicant shall obtain written permission from the property owner(s) to grade as necessary an d provide a copy to the Engineering Department.
33.10 Temporary erosion control measures shall be implemented immediately following rough/mass grading to prevent transport and deposition of debris onto downstream properties, public rights-of-way, or other drainage facilities. Erosion Control Plans showing these measures shall be submitted along with the grading plan for approval by the City Engineer.
33.11 If grading is required offsite, the Applicant shall obtain written permission from the property owner(s) to grade as necessary and provide a copy to the Engineering Department.
33.12 It is assumed that the conceptual grading and the provisions for water quality management shown on the tentative parcel map exhibit and the site plan can comply with all requirements for a Final Water Quality Management Plan (F - WQMP) without substantial change. Prior to approval of the grading plan, the Applicant shall prepare, or cause to be prepared, a Final WQMP in conformance with the requirements o f the Riverside County Flood Control and Water Conservation District (RCFC&WCD) for approval of the city engineer. Any substantial changes to the site plan and/or tentative parcel map may require action by the Planning Commission or Community Development Director.
33.13 Prior to approval of the grading plan for disturbance of one or more acres the Applicant shall provide evidence that it has prepared and submitted to the State Water Resources Control Board (SWRCB) a Storm Water Pollution Prevention Plan (SWPPP) a nd that SWRCB issued a WDID number which shall be included on the face of the grading plan.
33. PRIOR TO PARCEL MAP RECORDATION
34.1 No final parcel map shall be recorded until the entitlements associated with this subdivision are approved.
34.2 Exhibit titled Tentative Parcel Map 37890, prepared by Madole & Associates, Inc. and dated 7/27/2022 was submitted for review.
Applicant shall revise the reference exhibit to be compliant with the City of Jurupa Valley’s Municipal Code Title 7 and Riverside County preparation guidelines.
Exhibit shall show all owners of parcels involved within the proposed subdivision. All owners must show consent to the proposed subdivision.
A current title report for all parcels within the proposed subdivision is required.
Will-serve letters from the utility purveyors is required. Proposed subdivision schedule must be identified on the exhibit.
REVISED PERMIT FOR “SHOPS AT JURUPA VALLEY” (MA21334) REVISED: OCTOBER 19, 2022 CONDITIONS OF APPROVAL (TPM37890R1, SDP20018R1, CUP22002, PCN22003, VAR22003)
The referenced exhibit shows a proposed vacation of public right -of- way, the proposal is not accepted.
Lots proposed for public right-of-way dedication shall be letter lots with clearly identified boundaries. Dedication size shall accommodate required right-of-way on these conditions of approval.
Existing channel (north -south) parcel is shown as part of the subdivision. As of today, the parcel is owned by Riverside County Flood Control and Water Conservation District. The tentative parcel map needs to clearly identify ownership.
Exhibit shall provide access easement for parcel identified by Assessor Parcel Number 171-020-028.
A corner cutback dedication at the southwest corner of the proposed subdivision is required.
Additional right-of-way dedication at the project driveways (from BCR to ECR) may be required, in order to accommodate all public infrastructure and improvements within the public right -of-way; including, but not limited to, traffic signal equipment and curb ramps. Additional right-of-way dedication along Pyrite street may be required to accommodate all public infrastructure and improvements within the public right-of-way; including, but not limited to, streetlights and utilities. Exhibit identifies two ‘NOT A PART’ parcels on the proposed subdivision.
Northerly parcel identified as ‘NOT A PART’ needs to be a legal parcel compliant with the Subdivision Map Act and with provided with access to the public right-of-way. If this lot can’t be proposed to be compliant and legal to the satisfaction of the City Surveyor, the lot shall either be merged with an adjacent lot part of the subdivision or with adjacent parcel to the east, or as approved by the City Engineer.
Southerly parcel identified as ‘NOT A PART’ is not approved and shall either be made part of the proposed subdivision and/or made part of (merged) an adjacent parcel.
Satisfaction of the above may require additional survey applications with the City. If so, any parcel merger, lot line adjustment, and survey type application directly related to the identified ‘NOT A PART’ parcels, will be required prior to Final Parcel Map recordation.
The tentative parcel map exhibit shall be approved prior to submittal of a final parcel map for review of the City engineering department.
34.3 After approval of the tentative parcel map and prior to the expiration of said map, the Applicant shall cause the real property included within the tentative parcel map exhibit, or any part thereof, to be surveyed and a final map thereof prepared in accordance with the current city engineer’s requirements, conditions of approval of REVISED PERMIT FOR “SHOPS AT JURUPA VALLEY” (MA21334) REVISED: OCTOBER 19, 2022 CONDITIONS OF APPROVAL (TPM37890R1, SDP20018R1, CUP22002, PCN22003, VAR22003)
the tentative map, and in accordance with Chapter 7 Subdivisions of the Municipal Code.
34.4 Easement(s) for necessary streets and public utilities shall be dedicated and shown on the final parcel map in accordance with Chapter 7 of the Municipal Code and these conditions of approval. It is understood that the tentative map exhibit correctly shows accepta ble centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q’s, and that the omission or unacceptability may require that the Applicant amend or revise the tentative map as may be necessary to allow a finding on the final map of substantial conformance.
34.5 Prior to parcel map recordation, the applicant is required to submit, for review and approval of the City Engineer, a master rough grading plan for the entire project site.
34.6 Mission Boulevard is a Primary Corridor and City maintained road with an ultimate right-of-way width of 152 feet along the project frontage . The Applicant shall dedicate property to an ultimate half width right -of-way of 76 feet from record centerline to property line. The cross section shall be consistent with the standard for Urban Arterial, Riverside County, as modified per these conditions of approval and approved by the City Engineer.
34.7 Pyrite Street is a paved City maintained road. Dedication along the project frontage to provide ultimate improvements, per these conditions of approval a nd conceptually approved exhibits, is required; 45 feet from record centerline to property line and as necessary to accommodate the required improvements identified on these conditions of approval.
34.8 Property corner cut -backs dedications are required at all fronting roads’ intersections. Corner cutbacks shall be per Riverside County Standard No. 805 and shall intent to provide adequate right-of-way to accommodate public facilities within the public right-of-way and meet minimum ADA standards.
34.9 Any easement not owned by a public utility, public entity, or subsidiary, which is not relocated or eliminated, prior to final parcel map approval, shall be delineated on the final parcel map and addition ally the name of the easement holder and the nature of its interests shall be shown.
34.10 The Applicant shall submit to the City for review and approval of the City Attorney the covenants, conditions, and restrictions (CC&Rs) applicable for the project.
Improvement Plans
34.11 The Applicant shall provide plans for approval of the city engineer for all public and private improvements, including but not limited to, street improvements, traffic signal plans, sidewalk and parkway improvements, street lighting improvements, utility undergrounding, water system improvements, sanitary sewer system improvements, and landscape / irrigation improvements. The following improvements are required and must be clearly shown on the street improvement plans, applicant shall be responsi ble for referencing the Mitigation Measures associated with this project and show any other applicable improvements on Table A, per the findings of the Traffic Impact Analysis:
34.11.1 Mission Boulevard
REVISED PERMIT FOR “SHOPS AT JURUPA VALLEY” (MA21334) REVISED: OCTOBER 19, 2022 CONDITIONS OF APPROVAL (TPM37890R1, SDP20018R1, CUP22002, PCN22003, VAR22003)
Applicant shall install traffic signal at project main entran ce, easterly driveway, on Mission Boulevard providing geometry per the approved Traffic Impact Report. Existing access on the southern side of the roadway shall be protected.
All driveways shall be per City Standard 207A. Driveway widths shall be per the approved Site Plan.
Improvements shall provide appropriate transition to adjacent existing infrastructure; design of transition shall be reviewed and approved by the City Engineer.
Westerly driveway shall be limited to right -in and right -out movements.
Parkway improvements shall include curb & gutter at ultimate location, landscaping, and 6-ft. sidewalk.
Design shall accommodate Class II bike lane along the project frontage, per the City’s Bicycle and Pedestrians Circulation Master Plan.
Plans shall include raised median transitioning to
existing/future raised median planned by the City.
Coordination with the City’s Capital Improvements Plan (CIP) manager and Engineering is re quired for design and
construction.
Applicant is responsible for the relocation of all, and any, utility and infrastructure relocation that may be required to provide the ultimate configuration and road sections specified on these conditions of approval.
To the discretion of the City Engineer, the Applicant may provide a cash -in-lieu of construction payment for all or a portion of the required street improvements along Mission Boulevard.
If so, a CIP project for Mission Boulevard street improvements from P yrite Street to approximately 1,500 feet to the east, encompassing the project frontage and transition to existing infrastructure, will be created.
The cash-in-lieu of construction fee shall be in the form and amount approved by the City Engineer. A cost estimate shall be prepared by a licensed engineer, submitted for review to the Engineering Department, and approved by the City
Engineer.
34.11.2 Pyrite Street
Road widening, section for Pyrite Street shall include:
Two (2) 12 -ft. northbound lanes with an 8 -ft.
shoulder on the east side of the road, 12 -ft.
painted median, and one (1) 12 -ft. southbound
REVISED PERMIT FOR “SHOPS AT JURUPA VALLEY” (MA21334) REVISED: OCTOBER 19, 2022 CONDITIONS OF APPROVAL (TPM37890R1, SDP20018R1, CUP22002, PCN22003, VAR22003)
lane with a 6-ft. (min.) shoulder on the west side
of the road; or modified as approved by the City
Engineer.
Improvements on the east side of Pyrite Street
shall provide a 5 -ft. parkway and include ADA
compliant sidewalk, curb & gutter, streetlights,
and any other pertinent public infrastructure.
Improvements on the west side of Pyrite Street
include, but are not limited to, rolled asphalt
curb, and stabilized and co mpacted parkway
area. The applicant is responsible for any
relocation of mailboxes, utility boxes , and any
other infrastructure required in order to provide
the ultimate road configuration and be compliant
with these conditions of approval. Applicant
shall provide breakaway feature for poles; poles
shall be at least 1.5 -ft. behind curb face and
meet/exceed Highway Design Manual
specifications.
Design shall accommodate Class III bike lane along the project frontage, per the City’s Bicycle and Pedestrians Circulation Master Plan.
Applicant shall install traffic signal at project southerly entrance on Pyrite Street. Traffic signal design shall consider existing driveways on the west side of Pyrite Street, existing accesses to residences on Pyrite shall be protected.
All driveways shall be per City Standard 207 A. Driveway width shall be per approved Site Plan.
Northerly driveway shall provide appropriate transition to adjacent existing infrastructure.
Northerly driveway shall be restricted to left/right-in and right- out movements. Driveway design shall impede left -out
movements from the site.
34.11.3 Storm drain plans, showing existing and proposed facilities will be required. Applicant will be required to provide storm drain improvements along the site frontage on Missi on Avenue and Pyrite Street and any thereof required connections.
Pyrite Channel connections will require authorization from RCFC&WCD.
34.11.4 Prior to Parcel Map recordation, all street improvement plans shall be approved by the city engineer and all corresponding agreements and securities shall be in place per Chapter 7 of the City’s Municipal Code.
34.11.5 The plans shall provide for the construction of ADA compliant depressed curbs and access ramps at all appropriate intersections.
REVISED PERMIT FOR “SHOPS AT JURUPA VALLEY” (MA21334) REVISED: OCTOBER 19, 2022 CONDITIONS OF APPROVAL (TPM37890R1, SDP20018R1, CUP22002, PCN22003, VAR22003)
34.12 The applicant shall complete the annexation process to Jurupa Valley L&LMD 89-1-C.
34.13 The Applicant shall provide plans for landscape and irrigation improvements for all public streets rights-of-way prepared in accordance with the current City of Jurupa Valley standards and Riverside County Lighting and Landscape Maintenance District (L&LMD) standards and submitted to the City Engineer for review and approval.
34.14 If this project is within any assessment/benefit district, the Applicant shall make application for and pay for any reapportionment of the assessments or pay the unit fees in the assessment/benefit district.
34.15 Applicant shall provide traffic signal interconnect between the project’s traffic signal on Mission Boulevard and the existing traffic signal at the intersection of Mission Boulevard and Pyrite Street to the west, and the traffic signal at Mission Boulevard and Caleb Street to the east.
34.16 Applicant shall provide traffic signal interconnect between the project’s traffic signal on Pyrite Street and the existing traffic signal at the intersection of Mission Boulevard and Pyrite Street to the south, and the future traffic signal at the SR-60 ramps.
34.16.1 Applicant is responsible for the construction of required mitigation signal; as identified on the approved Traffic Impact Analysis and summarized on Table A, for the SR-60 Westbound ramps and SR-60 Eastbound ramps on Pyrite Street.
As an alternative to traffic signal installation, applicant may choose to initiate the formation of a Public Benefit District (PBD) for the proposed improvements at the intersection of SR-60 and Pyrite Street. Resolution of formation for a
proposed district shall be presented to City Council prior to the map recordation. The PBD boundaries may include other developments in the area impact ing the SR -60 and Pyrite Street intersection to participate/contribute in the proposed benefit district.
Utilities Undergrounding
34.17 Prior to Parcel Map recordation, t he existing overhead lines and utility poles along Mission Boulevard and Pyrite Street shall be undergrounded in accordance with the City’s Municipal Code, Chapter 7. The undergrounding of these shall be completed as part of the Project’s road improvements and in compliance with all City and County standards, or as approved or modified by these condition of approval.
34.18 Improvement plans for the undergrounding requirement, if under the responsibility of the applicant, shall be submitted for review and approval of the City Engineer. An encroachment permit for any work within the public right -of- way will be required.
RCFC&WCD
34.19 Prior to Final Map recordation, a copy of the environmental constraint sheet and REVISED PERMIT FOR “SHOPS AT JURUPA VALLEY” (MA21334) REVISED: OCTOBER 19, 2022 CONDITIONS OF APPROVAL (TPM37890R1, SDP20018R1, CUP22002, PCN22003, VAR22003)
the final map shall be submitted to Riverside County Flood Control and Water Conservation District (RCFC&WCD) for review and approval. All submittals shall be date stamped by the engineer and include the appropriate plan check fee.
34.20 Any ownership change for parcel currently owned by RCFC&WCD will need to need to be finalized prior to map recordation. Copy of record document will need to be provided to the City.
34.20.1 Any easements to RCFC&WCD will have to be clearly noted on the Final Parcel Map.
34.20.2 Prior to Final Parcel Map recordation, the applicant shall start procedures to enter into a cooperative agreement between the applicant, RCFC&WCD, and the City for the construction, inspection, operation, and maintenance of the channel, as deemed necessary by the City Engineer in coordination with RCFC&WCD.
34. PRIOR TO BUILDING PERMIT
35.1 Rough grading must be completed as shown on the approved grading plans.
35.2 Geotechnical Engineer shall certify to the completion of grading in conformance with the approved grading plans and the recommendations of the geotechnical report approved for this project and a licensed land surveyor shall certify to the completion of grading in conformance with the lines and grades shown on the approved grading plans.
35.3 The Applicant shall prepare a precise grading plan for each of the lots. Prior to issuance of building permit a particular building, the precise grading plan for that lot shall be approved by the city engineer and securities shall be in place.
35.4 The required water system, including fire hydrants, shall be installed and accepted by the appropriate service district.
35.5 All utility extensions within the subdivision shall be placed underground.
35. PRIOR TO BUILDING PERMIT FINAL INSPECTION
36.1 The Applicant is responsible for the completion of construction of all grading and improvements for which plans are required and shall comply with all requirements within public road right-of-ways.
36.1.1 Prior to completion and acceptance of improvements or prior to the final building inspection of the first building , whichever occurs first, assurance of maintenance is required by completing annexation to Jurupa Valley L&LMD 89-1C.
36.1.2 Prior to the first certificate of occupancy, all public improvements shall be accepted by the City Engineer; including streets, landscape and irrigation, streetlights, and traffic signals.
36.2 Prior to the first certificate of occupancy, a pplicant shall ensure that streetlights are energized.
36.3 Prior to first certificate of occupancy, the project main entrance on Mission REVISED PERMIT FOR “SHOPS AT JURUPA VALLEY” (MA21334) REVISED: OCTOBER 19, 2022 CONDITIONS OF APPROVAL (TPM37890R1, SDP20018R1, CUP22002, PCN22003, VAR22003)
Boulevard and the southerly access on Pyrite Street shall be signalized.
36.4 The Applicant shall comply with the provisions of Chapter 3 of the Mun icipal Code and City Ordinance No. 2021-02 (Development Impact Fees, DIF), which requires the payment of the appropriate fee set forth in the Ordinance.
36.5 The Applicant shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of the final inspection as appropriate.
36.5.1 The Applicant shall pay to the City of Jurupa Valley all fair share contributions for certain improvements as specified in the approved Traffic Impact Analysis or as otherwise modified by these conditions of approval.
RCFC&WCD
36.6 Acceptance of the drainage system for operation and maintenance by the District must be completed. Written proof of acceptance shall be provided to the City.
TABLE A
SHOPS AT JURUPA
FAIR SHARE PAYMENT SUMMARY TABLE
LOCATION JURISDICTION DESCRIPTION OF
IMPROVEMENTS
PROJECT
MITIGATION FAIR
SHARE
Pyrite Street/SR -60
WB Ramps CalTrans Intersection signalization.
Project responsible
for 100% of
improvements.
Pyrite Street/SR -60
EB Ramps CalTrans Intersection signalization.
Project responsible
for 100% of
improvements.
Pyrite Street between
Mission Boulevard &
SR-60
City of Jurupa
Valley
Two northbound lanes with
an 8 -ft. shoulder on the
east side of the road.
12-ft. painted median.
One southbound lane with
a 6-ft. (min.) shoulder on
the west side of the road
Project responsible
for 100% of
improvements.
REVISED PERMIT FOR “SHOPS AT JURUPA VALLEY” (MA21334) REVISED: OCTOBER 19, 2022 CONDITIONS OF APPROVAL (TPM37890R1, SDP20018R1, CUP22002, PCN22003, VAR22003)
The Applicant hereby agrees that these Conditions of Approval are valid, lawful, and binding on the Applicant, and its successors and assigns, and agrees to the Conditions of Approval.
Applicant’s name (Print Form): _
Applicant’s name (Signature):
Date:
Exhibit “C”
Co-Operative Agreement
1 COOPERATIVE AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY
AND PYRITE INVESTMENTS, LLC, FOR THE DESIGN AND
CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS ON MISSION
BOULEVARD AND PYRITE STREET RELATED TO THE SHOPS AT JURUPA
VALLEY PROJECT
THIS AGREEMENT is made and effective as of November 17, 2022 by and between the City of Jurupa Valley, a municipal corporation (“City”), and Pyrite Investments, LLC, a California limited liability company (“Developer”). In consideration of the mutual covenants set forth in this Agreement, the parties hereto agree as follows:
1. Recitals. This Agreement is made with respect to the following facts and for the following purposes, which each of the parties acknowledge and agree to be true and correct:
A. The City Council adopted Resolution No. 2021-56, as amended by Resolution No. 2022- __, approving the land use entitlements (“Land Use Entitlements”) for the construction of a proposed commercial shopping center on 32 acres of real property located on the north east corner of Mission Boulevard and Pyrite Street in the City of Jurupa Valley (“Project”). The proposed Project includes commercial, retail, and restaurant (sit down and drive-thru) uses, a retail use, a fitness center/retail use, a car wash use, a convenience store, including the sale of motor vehicle fuel, and a grocery store with concurrent sale of beer and wine for off-site consumption.
B. As further discussed in this Agreement, the Land Use Entitlements require the Developer to construct certain off-site public improvements adjacent to the Project. Additionally, the City has an existing Capital Improvement Program (“CIP”) that provides for certain improvements on Mission Boulevard and Pyrite Street adjacent to the Project.
C. Developer and the City desire to coordinate the design and construction of the City’s CIP public improvements along with Developer’s obligations to construct certain off-site public improvements around the Project in order to encourage the completion and successful operation of the Project that will provide substantial economic benefits to the City. The Agreement does not require the City to pay any funds to Developer as an economic development subsidy but only for the City to pay for certain public improvements for the Project.
D. The City Council finds and determines that performance of the City’s obligations under this Agreement, in order to assist in the development of the public improvements for the Project, will promote the public health, safety, and welfare of the people in the City and will be of substantial economic benefit to the City based on the following:
1) The Project will generate new short term and long term quality employment opportunities within the City. The Project is expected to employ approximately 1,300 persons in the construction of the Project. Developer expects the Project will generate long term employment for approximately 1,200 people within the Project within five (5) years from the date of this Agreement as the Project is built out and fully leased.
2) The Project will expand and enhance the City’s tax base through increased property values and consumer purchasing. The Project will generate new property tax and sales tax 2 revenues in the annual amount of approximately $1,250,000.00 within five (5) years that will assist the City in funding public services for the residents and businesses within the City. 3) The Project preserves and enhances the job/housing balance described in the City’s General Plan and various regional plans
4) The Project will develop new and expanded commercial and business opportunities within the City. The Project is ready to begin construction due to strong leasing commitments for the Project which will serve as a catalyst for other commercial and hotel projects within the City. Developers are generally reluctant to invest in a community until they see that another project has been successful and so a successful commercial project will develop confidence among retail and hotel developers that the City is a viable community for successful development. 5) The Project will promote the stability and diversification of the City’s economy.
E. On November 17, 2022, the City Council held a duly noticed public hearing on the proposed terms of this Agreement and the economic development subsidy in accordance with the requirements of Government Code Section 53083. The information described in Government Code Section 53083 was posted on the City’s website at least ten days prior to the public hearing.
F. This Agreement is a contract within the meaning of Section 53511(a) of the California Government Code and therefore subject to a validation action pursuant to Section 860 of the California Code of Civil Procedure.
2. City Construction of Mission Boulevard Capital Improvement Program on Mission Boulevard.
A. The City’s 2021-22 Capital Improvement Program (“CIP”) includes a project for the improvement of Mission Boulevard from Pyrite Street to Tyrolite St.. The Mission Boulevard CIP Project includes the following improvements (“Mission Boulevard Public Improvements”):
1) Widening and resurfacing of Mission Blvd.;
2) Drainage improvements;
3) New curb, gutter and sidewalk;
4) Replacement of street lights;
5) Addition of median (including landscaping and irrigation); 6) Traffic Signals at midblock & intersection of Pyrite and Mission; 7) All other public improvements fronting the Project in the existing and dedicated public right of way on Mission Boulevard except, Developer shall design the landscape plans for approval and install landscape in the Mission Boulevard Parkway upon completion of undergrounding of Edison overhead power lines described in Subsection F if the undergrounding is not completed by December 31. 2023. The City shall install the landscape in the Mission Boulevard Parkway if the 3 undergrounding is completed before December 31, 2023. Developer shall design the landscape plans for approval and install landscape in the Mission Boulevard Parkway upon completion of undergrounding of Edison overhead power lines described in Subsection F.
B. City shall design the Mission Boulevard Public Improvements and prepare plans and specifications for construction at City’s cost and expense.
C. Developer shall dedicate to the City the rights of way on its property for the Mission Boulevard Public Improvements, at no cost to the City.
D. City shall construct the Mission Boulevard Public Improvements in accordance with City Standards and the plans and specifications approved by the City Engineer at City’s cost and expense.
E. Developer shall dedicate necessary right of way to accommodate a future traffic signal at the Tyrolite Street and Mission Boulevard intersection. Developer shall work with neighboring property owner to align the entrance to the properties with the Tyrolite Street roadway extension.
F. Developer shall design and underground all the overhead utilities and telecommunication facilities fronting the Project on Mission Boulevard. Underground facilities shall be designed to energize the proposed street lights and traffic signals for the Project. It is the Developer’s obligation to provide power to the control Panels/Pull boxes for the traffic signals and street lights for the Project.
The Developer shall not be responsible for the design, construction, fees, or other costs for the undergrounding of the utilities and telecommunications outside of the Mission Boulevard Parkway in front of the Project. The work required by this Subparagraph F. shall be referred to as the “Undergrounding Work.”
1) Developer shall construct, install and complete, at Developer’s sole cost and expense, the undergrounding of Edison power lines fronting the Project on Mission Boulevard as per plans approved by Southern California Edison (SCE).
2) Prior to recordation of the final map, Developer shall post with the City a performance bond and a labor and materials bond, as security for completion of the Undergrounding Work in the amount of one million two hundred thousand dollars ($1,200,000.00) (“Surety Bonds”). a) The Surety Bonds shall be in substantially the forms attached hereto as Exhibits A and B, and incorporated herein as though set forth in full, and shall be approved by the Director of Public Works and City Attorney.
b) The Surety Bonds shall be issued by a surety admitted in the State of California that has an AM Best Rating of AM Best A-V or better. 3) Developer shall complete the Undergrounding Work within three (3) years from the date of SCE’s written approval of the plans for the Undergrounding Work, subject to extensions of time by the Director of Public Works. Prior to granting an extension, the Director of Public Works shall review the estimates of the costs for completion of the Undergrounding Work and, if necessary, condition the extension upon the posting of riders to the Surety Bonds updating the costs of the Undergrounding Work and amounts of the Surety Bonds, in a form and amount acceptable to the Director of Public Works and the City Attorney.
4 4) City shall not release the Surety Bonds until the Undergrounding Work is completed to the satisfaction of the Director of Public Works and the statutes of limitations for any claims on the Undergrounding Work have expired without the filing of any claims or litigation as determined by the City Attorney. In the event the Developer conveys the Property prior to the completion of the work, City shall not release the Surety Bonds, and may call them, unless and until the buyer and City enter into an agreement for the buyer to complete the Undergrounding Work and the buyer posts replacement Surety Bonds with the City.
G. Developer and City shall meet and confer in good faith in order to coordinate their respective obligations for the construction of the Mission Boulevard CIP Project.
3. Construction of Certain Public Improvements on Pyrite Street.
A. The Land Use Entitlements require the following public improvements to be constructed along Pyrite Street between Mission Boulevard and the SR 60 Freeway (“Pyrite Street Public Improvements”):
1) Widening, resurfacing and striping of Pyrite St.;
2) Drainage improvements;
3) New curb, gutter and sidewalk;
4) Installation of street lights;
5) Traffic Signal at midblock; and
6) All other public improvements fronting the Project at the existing and dedicated public right of way on Pyrite Street.
B. City shall design the Pyrite Street Public Improvements and prepare plans and specifications for construction at its cost and expense.
C. Developer shall dedicate the rights of way on its property for the Pyrite Street Public Improvements, to the City at no cost to the City.
D. City shall construct in the Pyrite Street Public Improvements in accordance with City Standards and the plans and specifications approved by the City Engineer at its cost and expense.
E. Developer and City shall meet and confer in good faith in order to coordinate their respective obligations for the construction of the Pyrite Street Public Improvements.
4. Traffic Signal for SR60-Pyrite on Off Ramp.
A. The Land Use Entitlements require a traffic signal to be designed and constructed for the SR60-Pyrite interchange on the off-ramp (“Traffic Signal”).
B. City shall design the Traffic Signal and prepare plans and specifications for construction. 5 C. Developer shall dedicate the rights of way on its property, if any, for the Traffic Signal, at no cost to the City.
D. City shall construct the Traffic Signal in accordance with City Standards and the plans and specifications approved by the City Engineer.
5. Maintenance of Public Improvements. Developer shall pay for the maintenance, replacement, and electricity costs and expenses for the Public Improvements fronting the Project, including, but not limited to street lights, Mission Landscape Median, parkway landscaping, and two traffic signals. Developer shall fulfill this obligation by annexing into the City’s Landscaping and Lighting District No. C-89-1.
6. Findings Concerning Inapplicability of Prevailing Wages.
A. Labor Code Section 1720(c)(2) provides that:
“If the state or a political subdivision requires a private developer to perform construction, alteration, demolition, installation, or repair work on a public work of improvement as a condition of regulatory approval of an otherwise private development project, and the state or political subdivision contributes no more money, or the equivalent of money, to the overall project than is required to perform this public improvement work, and the state or political subdivision maintains no proprietary interest in the overall project, then only the public improvement work shall thereby become subject to this chapter.”
B. The City finds and determines that:
1) The Land Use Entitlements for the Project require the Developer to construct certain off-site public improvements for the Project on Mission Boulevard and Pyrite Street; 2) The City has contributed no more money, or the equivalent of money, to the overall Project than is required to perform this public improvement work; and 3) The City will not obtain or maintain any proprietary interest in the overall Project.
C. Therefore, based on the above findings in Subparagraph B, the City and Developer have determined that:
1) Prevailing wages pursuant to Labor Code Section 1720 et. seq. shall be paid for the construction of the Public Improvements described in this Agreement; and 2) Prevailing wages are not required to be paid on the private improvements for the Project in accordance with to Labor Code Section 1720(c)(2).
D. Developer hereby represents to City that it understands and acknowledges the relationship of the City’s obligation to design and construct of the Mission Boulevard Public Improvements and the Pyrite Street Public Improvements pursuant to this Agreement and the potential impact on the application of prevailing wages to development of the Project. Accordingly, Developer 6 on behalf of itself and its successors in interest, hereby expressly and knowingly waive their respective rights under Labor Code Sections 1726 and 1781 to seek recovery against the City of any prevailing wage liabilities they may incur based upon this Agreement. Developer hereby acknowledges that it has either consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the prevailing wage issues described herein and the provisions of the California Civil Code section 1542, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Developer hereby acknowledges that it may have claims which are presently unknown and unsuspected, and such claims in the future. Nevertheless, Developer hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waive any and all rights which they may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect.
Developer’s authorized representative initials: ___________________.
7. Representations and Agreements Concerning Use of Project or a Portion of Project for a Motor Vehicle Use or a Big Box Retailer Use.
A. In accordance with the requirements of Government Code Section 53084, the Developer hereby agrees on behalf of itself and its successors and assigns, that Developer is not a Vehicle Dealer or is Big Box Retailer that is Relocating from the territorial jurisdiction of one Local Agency to the territorial jurisdiction of the City but within the same Market Area. 1) As used in this section, “Vehicle Dealer” is defined in Government Code Section 53084 and means a retailer that is also a dealer as defined by Section 285 of the Vehicle Code. 2) As used in this section, “Big Box Retailer” is defined in Government Code Section 53084 and means a store of greater than 75,000 square feet of gross buildable area that will generate sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code). 3) As used in this Section "Local Agency" is defined in Government Code Section 53084 and means a chartered or general law city, a chartered or general law county, or a city and county. 4) As used in this Section "Market Area" is defined in Government Code Section 53084 and means a geographical area that is described in independent and recognized commercial trade literature, recognized and established business or manufacturing policies or practices, or publications of recognized independent research organizations as being an area that is large enough to support the location of the specific vehicle dealer that is relocating. With respect to a vehicle dealer, a "Market Area" shall not extend further than 40 miles, as measured by the most reasonable route on roads between two points, starting from the location from which the vehicle dealer is relocating and ending at the location to which the vehicle dealer is relocating.
5) As used in this Section "Relocating" is defined in Government Code Section 53084 and means the closing of a Vehicle Dealer in one location and the opening of a Vehicle Dealer in another location within a 365-day period when a person or business entity has an ownership interest in both the Vehicle Dealer that has closed or will close and the one that is opening. "Relocating" does not 7 mean and shall not include the closing of a Vehicle Dealer because the Vehicle Dealer or Big Box Retailer has been will be acquired or has been or will be closed as a result of the use of eminent domain.
B. In accordance with the requirements of Government Code Section 53084.5, Developer on behalf of itself and its successors and assigns warrants and represents to the City and agrees to the following:
1) This Agreement pertains to the Developer’s obligations to construct public improvements for the Project. The economic development assistance to be provided by the City for the public improvements do not extend to the licensees or lessees of the Project. 2) This Agreement will not result, directly or indirectly, in the payment, transfer, diversion, or rebate of any tax revenue resulting from the imposition of a sales and use tax under the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) to any person for any purpose.
8. Indemnification. To the fullest extent permitted by law, Developer shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Developer, its officials, officers, employees, subcontractors, Developers or agents in connection with the performance of the Developer’s obligations under this Agreement and the Land Use Entitlements, the Project, the validity of this Agreement and its terms, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses.
Developer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Developer, the City, its officials, officers, employees, agents, or volunteers.
9. Operating Memorandum. The parties acknowledge that refinements and further development of Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the administration of the terms of this Agreement. If and when the parties mutually find that nonsubstantive changes, adjustments, or clarifications are appropriate to further the intended purposes of this Agreement, and such are not materially inconsistent with the terms of this Agreement, they may, unless otherwise required by law, effectuate such changes, adjustments, or clarifications without amendment to this Agreement through one or more operating memoranda mutually approved by the City Manager, or designee, on behalf of the City and by any corporate officer, managing member, or other person designated for such purpose in a writing signed by a corporate officer or managing member on behalf of Developer, which Operating Memorandum, after execution, shall be attached hereto as addenda and become a part hereof.
10. General.
A. Notices. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service with return receipt or affidavit of delivery, (ii) delivery by a reputable document delivery service, such as, but not limited to, FedEx, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States 8 Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by a written notice provided in accordance with this Section. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, California 92509
Attention: City Manager
With a copy to: Richards, Watson & Gershon
350 S. Grand Ave., 37th Floor
Los Angeles, CA 90071
Attention: Peter M. Thorson
To: Developer:
Pyrite Investments, LLC
2005 Winston Court
Upland, CA 91784
Attention: Wesley Fifield
B. Entire Agreement. This Agreement and the documents referenced herein contain the complete expression of the whole agreement between the parties with respect to the obligations set forth herein, and there are no promises, representations, agreements, warranties or inducements, either expressed verbally or implied, except as are fully set forth herein.
C. Amendment. No alteration, supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all of the parties hereto. The City Manager is authorized to enter into any amendments to this Agreement without any further action by the City Council.
D. Applicable Law/Venue. This Agreement shall be deemed to have been entered into and shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of California. The venue of any legal action relating to this Agreement shall be in the Superior Court of California or U.S. District Court, as applicable, with jurisdiction over the County of Riverside.
E. Independent Advice of Legal Counsel and Financial Advisors. Each party acknowledges that it has retained independent legal counsel and financial advisors of its own choice to review this Agreement and that prior to the execution hereof each party has had the opportunity to review the terms of this Agreement with its counsel and advisors and is entering into this Agreement after such review.
Developer agrees that it is not relying on any comments or statements, either oral, written or electronic, made by any elected or appointed officials, employees or agents of the City, except as expressly contained in this Agreement.
F. Validity of Agreement. All parties agree that this Agreement is legal, valid and binding on each party and enforceable in accordance with its terms. 9 G. Binding on Successors. Except as further provided in this paragraph, this Agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, assigns, executors and administrators.
H. Time. Time is of the essence of this Agreement.
I. Force Majeure Delays. Nonperformance of any of the conditions or covenants herein by any party hereto shall be excused when performance is prevented or delayed by reason of any of the following forces reasonably beyond the control of such party: acts of God, strike, war, lockout, labor trouble, reasonable inability to secure materials or labor, unreasonable delay by a governmental entity in the issuance of any required governmental permit, license or approval, act of nature (including but not limited to hurricane, epidemic or pandemic, earthquake, windstorm, flood, wildfire, or other severe weather or environmental condition) insurrection, riot, casualty, acts of public enemy, governmental restrictions, litigation initiated by a party other than a party hereto or its affiliate, unreasonable acts or failures to act of any governmental agency or entity or unreasonable delays of any contractor, subcontractor or supplier. In such event, nonperformance shall be excused and the time of performance shall be extended only by the number of days the performance is delayed or prevented. The party claiming an exemption under this paragraph for force majeure shall notify the other party as soon as practicable following the force majeure event.
J. Authority to Execute this Agreement. The person or persons executing this Agreement on behalf of a party warrants and represents that he or she has the authority to execute this Agreement on behalf of the party and has the authority to bind that party to the performance of its obligations hereunder.
10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
CITY OF JURUPA VALLEY,
a municipal corporation
_______________________________
Chris Barajas
Mayor
Attest:
_______________________________
Victoria Wasko, CMC
City Clerk
Approved As to Form:
_______________________________
Peter M. Thorson
City Attorney
11 PYRITE INVESTMENTS, LLC,
a California limited liability company
By:________________________________________
Wesley Fifield
Its Manager
12 EXHIBIT A
PERFORMANCE BOND
Bond No. __________________
Premium: _________________
FAITHFUL PERFORMANCE BOND
SHOPS AT JURUPA VALLEY UNDERGROUNDING ALL POLES, OVERHEAD
WIRES AND ASSOCIATED STRUCTURES ALONG MISSION BOULEVARD
FRONTING THE PROJECT
KNOW BY ALL PERSONS PRESENT:
WHEREAS, the City of Jurupa Valley (“City”) and Pyrite Investments, LLC (“Developer), entered into that certain agreement entitled “COOPERATIVE AGREEMENT BETWEEN THE CITY OF JURUPA
VALLEY AND PYRITE INVESTMENTS, LLC, FOR THE DESIGN AND CONSTRUCTION OF
CERTAIN PUBLIC IMPROVEMENTS ON MISSION BOULEVARD AND PYRITE STREET RELATED TO THE SHOPS AT JURUPA VALLEY PROJECT” dated as of _________________, 2022 (“Agreement”).
WHEREAS, the Agreement provides that on or before three (3) years from the date of this Agreement, Developer shall construct, install and complete, at Developer’s sole cost and expense, the undergrounding all poles, overhead wires and associated structures along Mission Boulevard fronting the Project and the replacement of landscaping and irrigation that might be damaged or removed during the undergrounding work (“Undergrounding Work”).
WHEREAS, the Agreement further provides that Developer shall post a performance bond and a labor and materials bond with the City securing its obligation for the Undergrounding Work under the Agreement.
NOW THEREFORE, we the undersigned Developer and , as Surety, are held and firmly bound unto the City of Jurupa Valley, County of Riverside in the penal sum of dollars, ($ ), lawful money of the United States, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Developer, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide b y, and well and truly keep and perform the covenants, conditions and provisions in said Agreement and any alterations thereof made as therein provided, on his or her or their part, to be kept and performed at the time and in the manner therein specified, a nd in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Jurupa Valley, its officers, agents and employees, as therein 13 stipulated, then this obligation shall become null and void; otherwise it shall b e and remain in full force and effect.
As part of the obligation secured hereby, and in addition to the face amount hereof, the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the Cit y in such suit, including a reasonable attorney fee to be fixed by the court.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to b e performed thereunder, or the provisions accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or the provisions.
********** (SIGNATURE PAGE FOLLOWS) **********
14 IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day of 2022.
DEVELOPER SURETY
Print Name: Name:
Title: _________________________________ Title: ___________________________________ Address: Address:
Telephone No.: Telephone No.:
Signature: Signature:
Approved as to Form:
Peter M. Thorson
City Attorney
City of Jurupa Valley
NOTE: This bond must be executed by Developer and Surety. Corporate seal may be affixed hereto.
All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond).
15 EXHIBIT B
LABOR AND MATERIALS PAYMENT BOND
Bond No. ____________
Premium: ___________
LABOR AND MATERIALS PAYMENT BOND
SHOPS AT JURUPA VALLEY UNDERGROUNDING ALL POLES, OVERHEAD
WIRES AND ASSOCIATED STRUCTURES ALONG MISSION BOULEVARD
FRONTING THE PROJECT
KNOW BY ALL PERSONS PRESENT:
WHEREAS, the City of Jurupa Valley (“City”) and Pyrite Investments, LLC (“Developer), entered into that certain agreement entitled “ COOPERATIVE AGREEMENT BETWEEN THE CITY OF JURUPA
VALLEY AND PYRITE INVESTMENTS, LLC, FOR THE DESIGN AND CONSTRUCTION OF
CERTAIN PUBLIC IMPROVEMENTS ON MISSION BOULEVARD AND PYRITE STREET RELATED TO THE SHOPS AT JURUPA VALLEY PROJECT” dated as of _________________, 2022 (“Agreement”).
WHEREAS, the Agreement provides that on or before three (3) years from the date of this Agreement, Developer shall construct, install and complete, at Developer’s sole cost and expense, the undergrounding all poles, overhead wires and associated structures along Mission Boulevard fronting the Project and the replacement of landscaping and irrigation that might be damaged or removed during the undergrounding work (“Undergrounding Work”).
WHEREAS, the Agreement further provides that Developer shall post a performance bond and a labor and materials bond with the City securing its obligation for the Undergrounding Work under the Agreement.
NOW THEREFORE, we the undersigned Developer and , as Surety, are held and firmly bound unto the City of Jurupa Valley, County of Riverside in the penal sum of dollars, ($ ), lawful money of the United States, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Contractor, his or her or its heirs, executors, administrator, successors or assigns, or subcontractors , shall fail to pay any of the persons described in the State of California Civil Code, Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his or her subcontractors, pursuant to Section 13020, of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this bond by the City or other person entitled to bring such an action and 16 judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court.
This bond shall inure to the benefit of any of the persons described in the State of California Civil Code Section 9100, to give a right of action to such persons or their assigns in any suit brought upon this bond.
As part of the obligation secured hereby, and in addition to the face amount hereof, the event suit is brought upon this bond by the City and judgment is re covered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder, or the provisions accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or the provisions.
********** (SIGNATURE PAGE FOLLOWS) **********
-17-
12774-0166\2593441v8.doc
IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day of .
DEVELOPER SURETY
Print Name: Print Name:
Title: _________________________________ Title: ___________________________________ Address: Address:
Telephone No.: Telephone No.:
Signature: Signature:
Approved as to Form:
Peter M. Thorson
City Attorney
City of Jurupa Valley
NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond).
ATTACHMENT 2:
PROJECT PLANS
17 '-0"
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88 167'167'167'167'
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88 167'167'167'167'
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C L E A N A I R /
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88 167'167'167'167'
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37 ±153'- 4"±153'- 4"±64'
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ATTACHMENT 3: REQUEST FOR
CONDITIONAL USE PERMIT
1 PROJECT DESCRIPTION
APPLICANT: CHIPOTLE MEXICAN GRILL, INC.
DBA: CHIPOTLE MEXICAN GRILL #4434
LOCATION: NEC PYRITE ST. & MISSION BLVD.
JURUPA VALLEY, CA 92509
REQUEST: CONDITIONAL USE PERMIT TO ALLOW THE SALE OF BEER & WINE FOR
ON-SITE CONSUMPTION IN CONJUNCTION WITH A NEW CHIPOTLE
MEXICAN GRILL RESTAURANT
___________________________________________________________________________
The Applicant Chipotle Mexican Grill, Inc. (DBA Chipotle Mexican Grill) is seeking the following discretionary approval:
Pursuant to City of Jurupa Valley Municipal Code Section 9.240.490, the applicant requests a Conditional Use Permit to allow the sale and dispensing of beer and wine for on-site consumption in conjunction with the operation of a new Chipotle Mexican Grill restaurant located in the C-1/C-P zone.
PROJECT DESCRIPTION
The Applicant is requesting a Conditional Use Permit to serve beer & wine for on-site consumption at a new Chipotle Mexican Grill Restaurant. The restaurant will be a part of a new 32-acre commercial development located at the Northeast corner of Pyrite St. and Mission Blvd. The development will include approximately 230,000 sf of new retail buildings. The Chipotle Mexican Grill restaurant will occupy a 2,350-sf standalone building and will include a 400-sf exterior patio. The restaurant will offer 38 interior seats and 20 patio seats.
Proposed hours of operation will be 9am to 11pm daily. The restaurant will offer beer & wine for on -site consumption in conjunction with the new restaurant. The applicants will apply to the Dept of ABC for a Type #41 License allowing the sale of beer & wine at a bona fide eating establishment. Beer & wine consumption will be available within the interior of the restaurant and within the patio area. The patio area will be enclosed by metal railing to help delineate the beer & wine consumption area. No off-site consumption of beer & wine is proposed, nor will it be permitted. Like most of the new Chipotle Mexican Grill locations being developed, this restaurant will have a “Chipotlane” drive through feature. The Chipotlane will allow patrons and food delivery services to pick up pre-ordered items. No beer & wine sales will be permitted with the Chipotlane operation.
All Chipotle employees are tra ined in the responsible sale of beer & wine. The training includes how to avoid making sales to underage patrons, and the proper way to review a patron’s identification to verify they are of legal drinking age. This is further bolstered by a POS prompt reminding the employee to review the patron’s ID and the correct date in which a person would be 21 years or older. Employees are also trained on how to avoid over-service of a patron, by identifying a patron that has likely reached their legal limit. The e mployees will also be responsible for ensuring the beer & wine do not leave the established consumption areas.
THE APPLICANT
Chipotle Mexican Grill owns and operates more than 1,900 restaurants throughout the United States, Canada and overseas, and is rapidly expanding its brand. The Applicant attributes its tremendous growth rate since its first location in 1993 to its vision for its restaurants. The idea is simple; demonstrate that customers can be served good quality food in a distinctive atmosphere - quickly and at an affordable price point. Chipotle uses high-quality raw ingredients, classic cooking methods, and distincti ve interior design features that are more frequently found in the world of fine dining. The applicant essentially established the category of dining now called ”fast -casual,” the fastest growing segment of the restaurant industry, 2 where customers expect food quality that's more in line with full service restaurants, but with the speed and convenience of fast food.
As the company has grown, the Applicant's vision has evolved as well. Several years ago, the Applicant launched a campaign to incorporate a concern for the environmental and societal impact of its restaurants into its business model. Features of this model, which the Applicant calls “Food with Integrity,” include a commitment to high quality food, sustainable business practices, charitable gi ving, and responsible sourcing of animal products. This philosophy is part of an overall commitment to running a business which has a positive impact on its employees, its patrons, its environmentally minded vendors and suppliers, and the communities in which its restaurants are located.
Certainly, practices designed to ensure appropriate training and management practices related to sales of alcoholic beverage products are an important feature of Chipotle's corporate philosophy. Indeed, the Applicant has an outstanding record of compliance with the Dept of ABC and parallel regulatory agencies wherever its restaurants are located. The offering of beer & wine is not new to Chipotle, the company has nearly 400 active ABC Licenses in California. The atten tion to responsible beer & wine service and compliance with all guidelines and restrictions continues with each new operation including the subject site.
OPERATIONAL DETAILS
The sale of beer & wine at each Chipotle location is typically a very s mall portion of a restaurant’s overall gross sales. However, the Applicant's ability to offer beer & wine to its patrons is nonetheless an important part of a very successful business model. Chipotle’s desire for the requested Alcohol Use Permit is due to its experience at its other locations - over 1,900 worldwide - in that its customers appreciate having the option of enjoying beer & wine with their meals. The ability to offer these items is an important component of Chipotle's business model, and is one of various features that help distinguish it from other casual dining venues.
The restaurant’s proposed hours of operation will be 9am to 11pm daily, with hours of beer & wine sales to be the same. The Applicant believes that the requested hours are reasonable, and that they will be consistent with adjacent uses in the new development. The total number of employees at this location will be 30-35, with up to 12 employees on-site at any given moment depending on anticipated patron traffic.
Chipotle Mexican Grill is aware of the responsibility involved with the sale of beer & wine for on -site consumption at their restaurants, as evidenced by their outstanding record of compliance with the Dept of ABC. That same attention to the operation will be uti lized at this new location as well. The Applicants agree to abide by all conditions placed on the operation by the City of Jurupa Valley, the Riverside County Sheriffs’. and the Dept of ABC. Chipotle is looking forward to becoming a member of the Jurupa Valley community and would appreciate your support of the subject request.
ATTACHMENT 4: REQUEST FOR
DETERMINATION OF PUBLIC
CONVENIENCE OR NECESSITY
1000 Nicollet Mall TPS-3010, Minneapolis, Minnesota 55403
August 10, 2022
City of Jurupa Valley
Planning Department
8930 Limonite Ave.
Jurupa Valley, Ca 92059
Re: Target Corporation ‐ Request for Finding of Public Convenience or Necessity NEC Mission Blvd. & Pyrite St.
Jurupa Valley, CA 92509
To Whom it May Concern:
Target Corporation (“Target”) will be applying to the Department of Alcoholic Bever age
Control for a Type 21 Off‐Sale General license for the new Target store opening in Jurupa Valley in 2024. Because the new store is located in a census tract that has an “undue concentration” of off‐sale licenses under Section 23958.4 of the Business and Professions Code, Target is requesting a determination that public convenience or necessity will be served by issuance of the license.
Target will be the anchor tenant in a new retail shopping center, The Sho ps at Jurupa
Valley, located at the northeast corner of Mission Blvd. and Pyrite St. The new 147,630 square foot store will occupy the entire southeast portion of the shopping center and will offer guests all the everyday essentials and exclusive brands they have come to expect from Target.
In addition to a broad range of gener
al merchandise, a significant component of the new
Target store will be its grocery sectio n. The store will offer a full‐range of grocery products, including fresh meats, fresh vegetables and produce and fresh bakery items, along with a selection of dry goods. Along with its grocery offerings, Target would like to be able to offer customers the ability to purchase alcoholic beverages. Adding alcoholi c beverages to its grocery offerings will provide Target shoppers with a convenient, one stop‐destination for grocery and beverage purchases.
Alcoholic beverage sales will be incidental to Target’s overall retail operations and will account for only a small part of overall sales revenues at the store. Although only a small component, the ability to sell alcoh
olic beverages is important to the guest experience at
Target. Well over 95% of the Target stores in California sell alcoholic beverages; it is a product customers have come to expect at Target.
1000 Nicollet Mall TPS-3010, Minneapolis, Minnesota 55403 Target understands and takes seriously the responsibility that comes with selling
alcoholic beverages. All Target employees are required to complete Target’s Alcohol Sales Training Program before they are permitted to sell alcoholic beverages. The training focuses on cashier responsibilities in preventing underage sales, methods for verifying identification, handling intoxicated guests and cashier liability. Tar get also has age verification technology built into its point of sale system to further assist employees in preventing underage sales.
Target will also have state‐of‐the‐art security cameras located throughout the store to monitor customer activity and deter theft. In addition, there will be uniformed security personnel at the entrance
s/exits to the store during business hours, as well as
undercover asset protection personnel who walk the store.
The incidental sale of alcoholic beverages at Target will not have any detrimental effect on the welfare of neighborhood. As noted above, Target has policies and protocols to ensure that alcohol sales are handled in a responsible manner and to deter crime, loitering or other undesirable activity. The ability to purchase alcoholic beverages for
off‐site consumption, in addition to other grocery and department store items, at Target will benefit area residents by providing a convenience to those residents, and will positively impact the local economy.
For these reasons, Target respectfully requests that the City make a determination that issuance
of a Type 21 license for the new store will serve public convenience or necessity.
Respectfully,
Anthony Heredia,
Vice President
Page | 1
120
STAFF REPORT
DAT
E: NOVEMBER 17, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD B. BUTLER, CITY MANAGER
BY: VICTORIA WASKO, CMC, CITY CLERK
SUBJ
ECT: AGENDA ITEM NO. 14.A
APPO
INTMENTS TO FILL TWO UNEXPIRED VACANCIES ON THE
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
RECO
MMENDATION
1) That
Mayor Chris Barajas and Mayor Pro Tem Leslie Altamirano appoint one member each to serve on the Community Development Advisory Committee for a term, which shall expire on March 21, 2023 or until their successors are appointed and sworn- in, whichever is later and which nominations shall be ratified by a majority vote of the entire City Council, pursuant to Chapter 2.36 of the J urupa Valley Municipal Code.
BACKGROUND:
B
enito Valenzuela and Evelyn Hedrick resigned from the Community Development Advisory Committee earlier this year, which triggered the current vacancies for their positions. Since Benito Valenzuela’s appointment runs concurrently with Mayor Chris Barajas and Evelyn Hedrick’s appointment runs concurrently with Mayor Pro Tem Leslie Altamirano, they will need to appoint one member each to serve on the Community Development Advisory Committee for the unexpired portion of the terms, which shall expire on March 21, 2023.
O
n June 7, 2018, the City Council adopted the City’s first Consolidated Plan (“ConPlan”), Annual Action Plan, and Citizen’s Participation Plan for the Community Development Block Grant (CDBG) funding program. The passage of these planning documents was required by the Federal Department of Housing and Urban Development (HUD) to become an “entitlement city” and administer CDBG funds independently. Previously, the City’s CDBG efforts were administered by the County of Riverside.
RETURN TO AGENDA
Page | 2
On February 21, 2019, the City Council adopted Ordinance No. 2019-04, which provided for the creation of a Community Development Advisory Committee (“CDAC”). The role of the CDAC is to assume oversight over the City’s Public Service Grant (PSG) application process. When PSG applicants submit their application documents for review, City Staff perform a technical analysis to ensure that they comply with HUD, CDBG, and other relevant guidelines. In addition to assessing the PSG application documents, the CDAC receives presentations from each PSG applicant at a regularly scheduled PSG meeting.
After assessing each PSG application and receiving presentations from the applicants, the CDAC members vote to create a formal recommendation of PSG funding allocations.
That recommendation will become part of the City’s Consolidated Plan and Annual Action Plan.
ANALYSIS
Following the nominations by the Mayor and Mayor Pro Tem, each nomination shall be ratified by a majority vote of the entire City Council.
The requirements to serve on the CDAC are described in Ordinance No. 2019- 04 and Section 2.36.040 of the Jurupa Valley Municipal Code and are listed below:
• Members must be residents of Jurupa Valley.
• No member of the CDAC shall be a City Employee, or serve on another City commission or committee at any time.
• No member of the CDAC shall serve in any capacity on a board, committee, or commission of any public agency or district.
• No member of the CDAC shall maintain a decision- making authority (serve on governing board, board of directors, etc.) in any community organization that applies for or receives funds through the City’s CDBG program.
Upon being confirmed by the City Council to serve on the CDAC, the new members of the CDAC will be required to take an Oath of Office and attend regularly scheduled meetings. The CDAC’s next meeting is scheduled to occur in December, 2022.
FINANCIAL IMPACT
There is no fiscal impact.
ALTERNATIVES
Give alternate direction to City Staff.
NOTICE OF VACANCIES
ON THE CITY OF JURUPA VALLEY
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
Notice is hereby given that at their November 17, 2022 meeting, the City Council will make two (2) appointments to the Community Development Advisory Committee. The individuals selected will fill two unscheduled vacancies, which shall expire on March 21, 2023, or until their successors are appointed and sworn in as members, whichever is later.
Applicants must be Jurupa Valley residents. Applicants cannot be an employee of the City of Jurupa Valley. Applicants cannot serve in any capacity on any board, committee, or commission of any public agency or district. Applicants cannot have any decision -making authority in a community organization that applies for or receives funds through the CDBG program. The appointments are ratified by the City Council.
The five -member committee shall meet on an as -needed basis to review applications for Community Development Block Grant (CDBG) funding and provide the City Council with recommendations regarding the allocation of such funding.
All persons interested in being appointed to the Community Development Advisory Committee are invited to submit a letter of interest to the City Council that includes information about the applicant’s community involvement, work experience, and current contact information.
The letters of interest shall be public documents and should be sent to:
Vicki Wasko, City Clerk
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
[email protected]
Letters of Interest will be accepted until Tuesday, November 8, 2022 at 5:00 p.m.
If you have questions about this matter, please contact the City Clerk’s Office at (951) 332- 6464.
Published: October 10, 2022