Lake Elsinore City Council
April 25, 2023

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Damaris Abraham, Interim Assistant Community Development Director Date: April 25, 2023
Subject: Planning Application No. 2021-34 (Evergreen Commercial Development Project) Requesting to Develop a New 57,254 Sq. Ft. Commercial Center on an 8.863-acre Site
Applicant: Karen Levitt Ortiz, Evergreen Devco, Inc.

Recommendation

1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ER 2021-05) (SCH NO. 2022090133) FOR PLANNING APPLICATION NO. 2021-34 (TENTATIVE PARCEL MAP NOS. 38195 AND 38281, CONDITIONAL USE PERMIT NOS. 2021-09, 2021-10, 2021-11, AND 2021-12, COMMERCIAL DESIGN REVIEW NO. 2021-17, PUBLIC CONVENIENCE AND NECESSITY NOS. 2021-01 AND 2021-02, AND UNIFORM SIGN PROGRAM NO. 2021-35);

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2021-34 (TENTATIVE PARCEL MAP NOS. 38195 AND 38281, CONDITIONAL USE PERMIT NOS. 2021-09, 2021-10, 2021-11, AND 2021-12, COMMERCIAL DESIGN REVIEW NO. 2021-17, PUBLIC CONVENIENCE AND NECESSITY NOS. 2021-01 AND 2021-02, AND UNIFORM SIGN PROGRAM NO. 2021-35) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP);

3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 38195 SUBDIVIDING 8.863 ACRES INTO FOUR LOTS RANGING IN SIZE FROM 1.10 ACRES TO 4.62 ACRES LOCATED AT APNS 377-020-014, 016, 017, 018, and 019;

4. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 38281 SUBDIVIDING 8.863 Evergreen Commercial Development Project

ACRES INTO FIVE LOTS RANGING IN SIZE FROM 1.10 ACRES TO 3.59 ACRES AT LOCATED APNS 377-020-014, 016, 017, 018, and 019;

5. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-09 TO ESTABLISH A 4,116 SQUARE FOOT CAR WASH ON LOT 1 OF TPM 38195/38281 LOCATED AT APNS 377-020-014, 016, 017, 018, and 019;

6. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-10 TO ESTABLISH A 3,000 SQUARE FOOT DRIVE-THROUGH RESTAURANT ON LOT 2 OF TPM 38195/38281 LOCATED AT APNS 377-020-014, 016, 017, 018, and 019;

7. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-11 TO ESTABLISH A 4,088 SQUARE FOOT CONVENIENCE STORE WITH A GAS STATION ON LOT 3 OF TPM 38195/38281 LOCATED AT APNS 377-020-014, 016, 017, 018, and 019;

8. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-12 TO ESTABLISH A 3,000 SQUARE FOOT DRIVE-THROUGH RESTAURANT ON LOT 5 OF 38281 LOCATED AT APNS 377-020-014, 016, 017, 018, and 019;

9. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ADOPTING FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY (PCN 2021-01) FOR THE SALE OF BEER AND WINE (TYPE 20 ABC) FOR OFF-SITE CONSUMPTION ON LOT 3 OF TPM 38195/38281 LOCATED AT APNS 377-020-014, 016, 017, 018, and 019;

10. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ADOPTING FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY (PCN 2021-02) FOR THE SALE OF BEER, WINE, DISTILLED SPIRITS (TYPE 21 AND 86 ABC) FOR OFF-SITE CONSUMPTION ON LOT 4 OF TPM 38281 LOCATED AT APNS 377-020- 014, 016, 017, 018, and 019;

11. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2021-17 PROVIDING

BUILDING DESIGN AND RELATED IMPROVEMENTS FOR THE EVERGREEN COMMERCIAL DEVELOPMENT PROJECT LOCATED AT APNS 377-020-014, 016, 017, 018, and 019; and

12. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING UNIFORM SIGN PROGRAM (SIGN) NO. 2021-35

ESTABLISHING A UNIFORM SIGN PROGRAM FOR THE EVERGREEN COMMERCIAL DEVELOPMENT PROJECT LOCATED AT APNS 377-020-014, 016, 017, 018, and 019.

Evergreen Commercial Development Project

Background
Planning Commission Action
The Project was originally heard at the October 18, 2022 and November 15, 2022 Planning Commission meetings but was continued off-calendar in order to allow staff and the applicant additional time to review and address the comments received on the Mitigated Negative Declaration (MND) prepared for the Project. Responses to the comments have been completed and have been attached to the staff report (Attachment 15).

At the April 4, 2023, Planning Commission meeting, the Planning Commission accepted public oral and written testimony regarding the Project. Three (3) comment letters raising concerns about the Project were received. Staff and the applicant have reviewed and addressed the comments.

A summary of the issues raised and responses is provided below. One (1) person spoke at the meeting and indicated that he was satisfied with the responses the applicant provided to the concerns raised by the neighbors and indicated that he had no further comments on the Project.

The Planning Commission unanimously recommended approval of the Project with a 4-0 vote.

Public Comments
Three (3) written comments were received concerning this application from Chris and Valerie Matteson dated November 14, 2022, David McLean dated November 14, 2022, and Bruce Eichorn dated March 31, 2023 (Attachment 24). The issues raised in the comments include the proposed emergency access gate on Allan Street, the material proposed (wrought iron) for the gate, noise, and traffic. Staff and the applicant have addressed the comments as follows:

1. Emergency Access Gate: The proposed gate is required by the Fire Department as a second point of access for residents on Allan Street. The gate will be kept locked with a Knox Box for the Fire Department to access as an emergency fire escape from Allan Street into the shopping center.

2. Gate Material: The applicant has proposed to redesign the gate with a solid material rather than a slated gate to provide additional screening for the residents. The project is conditioned to submit a Final Wall and Fence Plan for review that also shows a solid screening material for the gate (COA No. 47).

3. Noise: A Noise Impact Analysis dated May 2022, was prepared by Rincon Consultants to evaluate the potential noise impacts for the proposed Project. The study assessed the short-term construction noise impacts as well as operational noise impacts as a result of the Project that include on-site noise sources such as car wash equipment and vacuum stations and traffic generated noise. The study found that the project meets the noise regulations and standards of the LEMC Section 17.176 (Noise Ordinance). To minimize the potential operational noise exposure to the surrounding residences, the study recommended additional mitigation measures (Mitigation Measures NOI-1 and NOI-2).

With implementation of these mitigation measures the project would have less than significant impact related to noise. In addition, the hours of operation for the carwash will Evergreen Commercial Development Project

be limited to 7:00 a.m. to 10:00 p.m. to minimize noise impacts to the adjacent existing residences (COA No. 22).

4. Traffic Study: The comment letter from Bruce Eichorn raised questions about the two projects not included in the study area of the Project. The City Traffic Engineer has provided a response in an email dated April 3, 2023 clarifying that cumulative projects that are included in the traffic study include nearby projects that have the potential to add traffic to study intersections and roadways by the expected buildout year of the subject Project.

If nearby cumulative projects are not expected to be fully or partially built by the expected buildout year of the subject Project, then they are not included in the analysis which is standard practice for traffic studies. The City Traffic Engineer response is included in Attachment 24.

Community Outreach
The applicant has conducted an outreach meeting on September 26, 2022 to introduce the Project to the community and to provide information to the surrounding neighbors regarding the proposed project.

Project Location
The Project site is located south of Central Avenue/State Route 74 (SR-74) and east of Interstate 15 (I-15). The Project site encompasses Assessor Parcel Numbers (APNs) 377-020-014, 016, - 017, 018, and 019.

Environmental Setting

EXISTING

LAND USE

GENERAL PLAN ZONING
Project Site Vacant General Commercial (GC) General Commercial (C-2) North Vacant General Commercial (GC) General Commercial (C-2) South Residential Medium Density Residential (MDR)
& High Density Residential (HDR)
Medium Density Residential (R-2)
& High Density Residential (R-3)
East Residential Low Density Residential (LDR) Residential Estate (R-E) West Commercial General Commercial (GC) General Commercial (C-2) Table 1: Environmental Setting
Project Description
The Evergreen Commercial Development Project (“Project”) consists of construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quick-serve drive-through restaurants, a gas station with a convenience store, and a separate drive-through car wash with 369 parking spaces, which would be constructed in two (2) phases over a total of

8.863 acres.

The Project consists of applications for Tentative Parcel Map (TPM) No. 38195, TPM No. 38281, Conditional Use Permit (CUP) No. 2021-09, CUP No. 2021-10, CUP No. 2021-11, CUP No. 2021- Evergreen Commercial Development Project

12, Commercial Design Review (CDR) No. 2021-17, Public Convenience & Necessity (PCN) No. 2021-01, PCN No. 2021-02, and Uniform Sign Program (SIGN) No. 2021-35, which collectively are being processed under Planning Application (PA) No. 2021-34.

Tentative Parcel Map No. 38195 (Phase 1) includes a subdivision of the 8.863 gross acre site into four (4) lots ranging in size from 1.10 to 4.62 gross acres.

Lot Number Phase Number Lot Size
(Gross Acres) Proposed Use
1 1 1.30 Car Wash
2 1 1.20 Drive-through restaurant
3 1 1.65 Gas station with convenience store
4 2 4.62 Undeveloped
Total 8.863
Table 2: Lot Summary for TPM 38195
Tentative Parcel Map No. 38281 (Phase 2) includes a subdivision of the 8.863 gross acre site into five (5) lots ranging in size from 1.03 to 3.59 gross acres.

Lot Number Phase Number Lot Size
(Gross Acres) Proposed Use
1 1 1.30 Car Wash
2 1 1.20 Drive-through restaurant
3 1 1.65 Gas station with convenience store
4 2 3.60 Grocery Store
5 2 1.13 Drive-through restaurant
Total 8.863
Table 3: Lot Summary for TPM 38281
Conditional Use Permit No. 2021-09 proposes to establish a 4,116 SF Car Wash and 25 selfservice vacuum stations on Lot 1 of TPM 38195/TPM 38281.

Conditional Use Permit No. 2021-10 proposes to establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 2 of TPM 38195/TPM 38281.

Conditional Use Permit No. 2021-11 and Public Convenience & Necessity No. 2021-01 proposes to establish a 4,088 SF convenience store, fuel canopy with eight (8) pumps with concurrent sale of beer and wine for off-site consumption (Type 20 ABC) on Lot 3 TPM 38195/TPM 38281.

Public Convenience & Necessity No. 2021-02 includes a PCN finding for the 43,050 SF grocery store for the sale of beer, wine, and distilled spirits for off-site consumption (Type 21 and 86 ABC) on Lot 4 of TPM 38281.

Conditional Use Permit No. 2021-12 proposes to establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 5 of TPM 38281.

Evergreen Commercial Development Project

Commercial Design Review No. 2021-17 provides a comprehensive design review for the entire Project site that includes architectural elevations, on-site stormwater management improvements, lighting, walls and fencing, parking and landscaping.

Uniform Sign Program (SIGN) No. 2021-35 proposes to create an integrated framework for all signage within the Project site to allow for business branding and identification while complementing the character of the center via architectural compatibility. The sign program includes proposed freestanding signs, a blueprint for building/wall signage, and all other types of contemplated signage that would be allowed in the center. The larger Center identification signs situated at the primary driveway entrances into the center will feature the grocery anchor tenant prominently with panels for the other prospective 4 tenants within the center. The sign program is also proposing a 6’ tall freestanding monument sign for each remaining outparcel featuring a single business name/logo with consistent base and sign structure to match the rest of the signs architectural theme. The sign program also incorporates City Identification/Branding sign.

Project Phasing
The Project is proposed to be developed in two (2) phases. The first phase would include the gasoline station, convenience store, quick-serve drive-through restaurant, and car wash. All street improvements will also be implemented as part of the first phase of the Project. The second phase would include a grocery store and quick-serve drive-through restaurant.

Grading
The Project Site is flat and has already been cleared of most vegetation. Building pads will need to be over-excavated, recompacted and filled prior to construction. Precise grading is anticipated to require 51,000 cubic yards (CY) of exported soils and 60,000 CY of imported soils, for a total of 9,000 CY of net import fill soils. The maximum grading cut depth would be 10.7 feet, with a maximum fill depth of 1 foot.

Architecture and Treatments
The proposed Project would consist of modern architectural buildings with a maximum height of 40 feet. The exterior building materials would include stacked CMU block, corrugated metal panels, stone veneers, and metal canopies with supports. Exterior finishes would generally be grays, browns, and whites. The material type, as well as massing and height, would vary for the multiple façades and architectural components proposed for each building. The buildings would incorporate decorative architectural features, including LED light fixtures.

Landscaping and Additional Site Improvements
The proposed landscaping plan has been designed to complement the architectural style for the proposed buildings. The Project includes approximately 56,262 SF of landscaping, which is 15.53 percent landscape coverage. Landscaping would be provided in the setback areas along the perimeter of the Project Site, between the operational areas of each pad tenant, and interspersed throughout the shared parking lot. The entire site would include on-site stormwater management Evergreen Commercial Development Project

improvements, lighting, and a security gate for the emergency vehicle access at Allan Street. An 8-foot-high concrete block wall would be constructed along the south and east perimeter to screen the Project Site from the adjacent residential uses.

Site Access
Two-way vehicular driveways are proposed from Central Avenue into Lots 1 and 3, and from Cambern Avenue into Lots 3 and 5. An emergency vehicle only access is also proposed from Allan Street, a residential street to the east, into Lot 1. All vehicular driveways are proposed to be served by dedicated right turn only lanes traveling northbound and eastbound, and by median left turn lanes traveling southbound and westbound. Pedestrian access to the site will be provided by new sidewalks along both street frontages. A future Riverside Transit Agency (RTA) bus shelter is anticipated along eastbound Central Avenue adjacent to Lot 2.

Street Improvements
Central Avenue (State Route 74) is classified as an Augmented Urban Arterial Highway in the City’s General Plan Circulation Element, where full-width is 134 feet and curb-to-curb width is 110 feet. The applicant is required to dedicate approximately 12 feet adjacent to the property frontage for a minimum total right-of-way of 67 feet from centerline to the Project property line.

Cambern Avenue is classified as a Secondary Highway in the City’s General Plan Circulation Element, where full-width is 90 feet and curb-to-curb width is 70 feet. The applicant is required to dedicate approximately 10 feet adjacent to the property frontage for a total right-of-way of 45 feet from centerline to the Project property line.

The Project is required to construct ultimate half-width street improvements along the property frontage on Central Avenue and Cambern Avenue. Improvements include but are not limited to curb, gutter, sidewalk, and roadway widening, including minimum of two travel lanes in each direction and striping for left-turn storage.

Analysis
General Plan Consistency
The Project has a General Plan Land Use designation of General Commercial (GC) and is located within the Business District. The GC Land Use designation provides for retail, services, restaurants, professional and administrative offices, hotels and motels, mixed-use projects, public and quasi-public uses, and similar and compatible uses with a maximum 0.40 Floor Area Ratio (FAR). The Project is proposing to develop a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quick-serve drive-through restaurants, a gas station with a convenience store, and a separate drive-through car wash with 0.16 FAR. Therefore, the Project is consistent with the General Plan.

Evergreen Commercial Development Project

Municipal Code Consistency
The current zoning for the subject site is General Commercial (C-2). Section 17.124.020 of the C-2 zone states that permitted uses listed in the Neighborhood Commercial (C-1) zone are also permitted in the C-2 zone. Section 170.120.020 of the C-1 zone lists retail stores and food stores as permitted uses. Section 17.124.030 of the C-2 zone states that uses subject to a conditional use permit listed in the C-1 zone are also permitted in the C-2 zone subject to a Conditional Use Permit. Section 170.120.030 of the C-1 zone permits drive-through establishments, gasoline dispensing establishments, and car washes subject to a Conditional Use Permit.

Below are the relevant development standards applicable to the project as identified in the C-2 zone and Section 17.112.090 (Gasoline dispensing establishments) of the Lake Elsinore Municipal Code (LEMC):

Development Standard Required Proposed
Lot Area Minimum (Net) 25,000 sq. ft. (0.72 acres) 49,223 sq. ft. (1.13 acres) Street Frontage Width 100 ft. 194 sq. ft.

Front yard Setback 20 ft. 54.83 ft.

Fueling Canopy 20 ft. 31.56 ft.

Building Height (maximum) 45 ft. 40 ft.

Landscape improvements
Adjacent to Street 15 ft. min./ Ave. 20 ft. 20 ft.

Buffer Landscaping 15 ft. 15 ft.

Landscape coverage 15% 15.53%
Table 4: Development Standards
Tentative Parcel Map Analysis
Tentative Parcel Map No. 38195 includes a subdivision of the 8.863 gross acre site into four (4) lots ranging in size from 1.10 to 4.62 gross acres. Tentative Parcel Map No. 38281 includes a subdivision of the 8.863 gross acre site into five (5) lots ranging in size from 1.03 to 3.59 gross acres. The proposed subdivisions meet the minimum lot area requirement and street frontage width of the C-2 zone. The tentative maps also comply with Chapter 16.24 (Tentative Map) of the LEMC and the Subdivision Map Act. The Project will be required to form a Property Owner’s Association (POA) for reciprocal access easements, shared parking spaces as well as for the maintenance of common areas.

Parking Analysis
The Project complies with the onsite parking standards listed in Chapter 17.148 (Parking Requirements) of the LEMC. Section 17.148.030.A of the LEMC requires one (1) parking space for each 250 square feet of retail floor area. Section 17.148.030.E.13 of the LEMC requires one (1) parking space for each 45 square feet of customer area, plus one space for each 200 square feet of noncustomer area for food establishments. The Project will provide 369 parking spaces.

The Project will be required to install electric vehicle charging stations for at least 6 percent of all Evergreen Commercial Development Project

onsite parking spaces per CalGreen 2022 requirements. The proposed parking would exceed the minimum 286 parking spaces required for the site per the LEMC.

Design Review
The architectural design of the proposed building complies with the Nonresidential Development Standards (Chapter 17.112) of the LEMC. The architecture of the building has been designed to achieve harmony and compatibility with surrounding area. The colors and materials proposed will assist in blending the architecture into the existing landscape and are compatible with other colors and materials used on other properties near the project site. The proposed landscaping improvements serve to enhance the building designs and soften portions of building elevations, provide shade and break-up expanses of pavement.

The Design Review Committee that includes staff from Planning, Building and Safety, Fire, and Engineering have reviewed the proposed project, and have conditioned the Project to ensure compliance with the general plan, the municipal code, and the related environmental document.

AB 52 Tribal Consultations
On November 24, 2021, the City provided written notification of the Project in accordance with AB 52 to all of the Native American tribes that requested to receive such notification from the City.

Staff received requests from Rincon, Pechanga, and Soboba Tribes within the 30-day period, requesting to initiate consultation. Consultation was concluded on January 6, 2022 with the Rincon Band of Luiseño Indians, on January 13, 2022 with the Soboba Band of Luiseño Indians, and on August 15, 2022 with the Pechanga Band of Luiseño Indians. Mitigation measures have been added to address a concern over the potential for uncovering tribal cultural resources (TCRs) or other tribal‐affiliated resources during construction of the project.

Environmental Determination
Pursuant to CEQA Guidelines Section 15063, an Initial Study (Environmental Review No. 2021- 05) was prepared for the project to assess potential environmental impacts. The Initial Study revealed that the project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels. A Mitigated Negative Declaration (MND) (SCH# 2022090133) was prepared and was made available for public review and comment for a 30-day review period from September 12, 2022 to October 12, 2022. The MND determined that the proposed Project would have potentially significant environmental impacts upon Biological Resources, Cultural and Tribal Resources, and Noise.

These impacts will be mitigated to below a level of significance through compliance with the mitigation measures set forth in the MND. Notice to all interested persons and agencies inviting comments on the MND was published in accordance with the provisions of CEQA, and posted at the Office of the County Clerk of Riverside County and at the State Clearinghouse on September 12, 2022 for a 30-day public comment period.

Three (3) comment letters regarding the MND were received during the 30-day public comment period from the Riverside County Department of Environmental Health (dated September 15, Evergreen Commercial Development Project

2022), California Department of Fish and Wildlife (dated October 7, 2022), and Riverside County Flood Control and Water Conservation District (dated October 11, 2022). Reponses to comments were prepared and are attached to the Staff Report (Attachment 15). There were no public comments or changes to the text or analysis contained in the MND that resulted in the identification of any new significant environmental effects. Only clarifications were made to the MND in response to public comments. Therefore, in accordance with Section 15073.5 of the CEQA Guidelines a recirculation of the MND is not warranted.

MSHCP Consistency
The Project is consistent with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). The Project site is not located in a Criteria Cell and was not required to be processed through the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) processes. The Project complies with all other applicable requirements of the MSHCP.

Public Notice
Notice of the hearing for this application has been published in the Press-Enterprise newspaper and mailed to property owners within 500 feet of the subject property. As of the writing of this report, three (3) written comments were received concerning this application and are attached to the staff report (Attachment 24). Responses to comments has been provided in this staff report under the background section.

Fiscal Impact
The time and costs related to the processing of this application have been covered by application fees paid for by the applicant. No General Fund budgets have been allocated or used in the processing of this application.

Attachments
Attachment 1 – CEQA Resolution
Exhibit A - MMRP
Attachment 2 – MSHCP Resolution
Attachment 3 – TPM 38195 Resolution
Attachment 4 – TPM 38281 Resolution
Attachment 5 – CUP 2021-09 Resolution
Attachment 6 – CUP 2021-10 Resolution
Attachment 7 – CUP 2021-11 Resolution
Attachment 8 – CUP 2021-12 Resolution
Attachment 9 – PCN 2021-01 Resolution
Attachment 10 – PCN 2021-02 Resolution
Attachment 11 – CDR Resolution
Attachment 12 – SIGN Resolution
Attachment 13 – Conditions of Approval
Attachment 14 – IS/MND
Evergreen Commercial Development Project

Attachment 15 – Responses to Comments
Attachment 16 – Vicinity Map
Attachment 17 – Aerial Map
Attachment 18 – TPM 38195
Attachment 19 – TPM 38281
Attachment 20 – Design Review Package
Attachment 21 – Sign Program
Attachment 22 – Renderings
Attachment 23 – Public Notice Materials
Attachment 24 – Public Comments
RESOLUTION NO. 2023-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ER 2021-05) (SCH NO. 2022090133) FOR PLANNING APPLICATION NO. 2021-34 (TENTATIVE PARCEL MAP NOS. 38195 AND 38281, CONDITIONAL USE PERMIT NOS. 2021- 09, 2021-10, 2021-11, AND 2021-12, COMMERCIAL DESIGN REVIEW NO. 2021- 17, PUBLIC CONVENIENCE AND NECESSITY NOS. 2021-01 AND 2021-02, AND UNIFORM SIGN PROGRAM NO. 2021-35)
Whereas, Karen Levitt Ortiz, Evergreen Devco, Inc. has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-34 which includes the construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quick-serve drive-through restaurants, a gas station with a convenience store, and a separate drive-through car wash with 369 parking spaces, which would be constructed in two phases over a total of 8.863 gross acres (Project). Tentative Parcel Map No. 38195 would include a subdivision of the 8.863 gross acre site into four (4) lots ranging in size from 1.10 to 4.62 gross acres and Tentative Parcel Map No. 38281 would include a subdivision of the 8.863 gross acre site into five (5) lots ranging in size from 1.03 to 3.59 gross acres. Conditional Use Permit No. 2021-09 would establish a 4,116 SF Car Wash on Lot 1, Conditional Use Permit No. 2021-10 would establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 2, Conditional Use Permit No. 2021-11 and Public Convenience & Necessity No. 2021-01 would establish a gas station and the 4,088 SF convenience store with concurrent sale of beer and wine for off-site consumption (Type 20 ABC) on Lot 3, Public Convenience & Necessity No. 2021-02 includes a PCN finding for the 43,050 SF grocery store for the sale of beer, wine, and distilled spirits for off-site consumption (Type 21 and 86 ABC) on Lot 4, and Conditional Use Permit No. 2021-12 would establish a the 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 5. Commercial Design Review No. 2021-17 provides a comprehensive design review for the entire Project site that includes architectural elevations, on-site stormwater management improvements, lighting, walls and fencing, parking and landscaping. Uniform Sign Program (SIGN) No. 2021-35 proposes to establish a uniform sign program that creates an integrated framework for all the signage within the center; and,
Whereas, the Project is located on Central Avenue/State Route 74 (SR-74) east of the intersection with Cambern Avenue (APNs: 377-020-014, 377-020-016, 377-020-017, 377-020- 018, and 377-020-019); and,
Whereas, the Project is subject to the provisions of the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.: “CEQA”) and the State Implementation Guidelines for CEQA (14 California Code of Regulations Sections 15000, et seq.: “CEQA Guidelines”) because the Project involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code Section 21065); and, Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the Project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; and, CC Reso. No. 2023-____

Whereas, based upon the results of the Initial Study (Environmental Review No. 2021- 05), and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that it was appropriate to prepare and circulate a Mitigated Negative Declaration (MND) for the Project; and,
Whereas, pursuant to CEQA Guidelines Section 15072, on September 12, 2022, the City duly issued a notice of intent to adopt the MND; and,
Whereas, in accordance with CEQA Guidelines Section 15073, the MND was made available for public review and comment for a minimum of 30 days beginning September 12, 2022, and ending on October 12, 2022; and,
Whereas, a Mitigation Monitoring and Reporting Program (MMRP) for the Project has been prepared in accordance with Section 21081.6 of CEQA; and, Whereas, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) for adopting MNDs; and, Whereas, the MND was sent to the Commission members on or about November 19, 2021 and considered by the Commission on October 18, 2022, November 15, 2022, and April 4, 2023, at a duly noticed Public Hearing and, after consideration of evidence presented by the Community Development Department and other interested parties on the adequacy of the MND, the Commission adopted a resolution recommending that the Council adopt the MND for the Project; and,
Whereas, on April 25, 2023, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference.

Section 2: The Council has evaluated all comments, written and oral, received from persons who have reviewed the MND. The Council hereby finds and determines that all public comments have been addressed.

Section 3: The Council hereby finds that the MND for the Project is adequate and has been completed in accordance with the CEQA Guidelines and the City’s procedures for implementation of CEQA. The Council has reviewed and considered the information contained in the MND and finds that the MND represents the independent judgment of the City.

Section 4: The Council further finds and determines that none of the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of the MND are present and that it would be appropriate adopt the MND as proposed.

Section 5: The Council hereby makes, adopts, and incorporates the following findings regarding the potential environmental impacts of the Project and the analysis and conclusions set forth in the MND:

CC Reso. No. 2023-____

1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a Mitigated Negative Declaration and Initial Study was released for public review and mitigation measures set forth in the Initial Study would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur.

Based upon the Initial Study conducted for the Project, there is substantial evidence suggesting that all potential impacts to the environment resulting from the Project can be mitigated to less than significant levels. All appropriate and feasible mitigation has been incorporated into the Project design. The Mitigation Monitoring and Reporting Plan contains an implementation program for each mitigation measure. After implementation of the mitigation contained in the MMRP, potential environmental impacts are effectively reduced to less than significant levels.

2. There is no substantial evidence, in the light of the whole record before the agency including the initial study and any comments received, that there is no substantial evidence that the Project will have significant effect on the environment.

Pursuant to the evidence received, including comment letters, and in the light of the whole record presented, the Project will not have a significant effect on the environment.

Section 6: Based upon the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Council hereby adopts MND (SCH NO. 2022090133) (ER 2021-05) and the MMRP, which is attached hereto as Exhibit “A,” for Planning Application No. 2021-34 (Tentative Parcel Map (TPM) No. 38195, TPM No. 38281, a Conditional Use Permit (CUP) No. 2021-09, CUP No. 2021-10, CUP No. 2021-11, CUP No. 2021-12, a Commercial Design Review (CDR) No. 2021-17, Public Convenience & Necessity (PCN) No. 2021-01, PCN No. 2021-02, and Uniform Sign Program (SIGN) No. 2021-35).

Section 7: This Resolution shall take effect immediately upon its adoption.

Section 8: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted on this 25th day of April, 2023.

Natasha Johnson
Mayor
Attest:
___________________________________
Candice Alvarez, MMC
City Clerk
CC Reso. No. 2023-____

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2023-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of April 25, 2023, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Terms and Definitions:

1. Property Owner/Developer – Owner or developer of Evergreen Commercial Development Project.

2. Environmental Equivalent/Timing – Any mitigation measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed "environmental equivalent/timing" and, if determined necessary, may refer said determination to the Board of Supervisors.

Any costs associated with information required in order to make a determination of environmental equivalency/timing shall be done by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City’s adopted Fee Schedule.

3. Implementation Timing – This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored.Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Plan will occur, as routine City practices and procedures will ensure that the intent of the measure has been complied with.

For example, if the timing is "to be shown on approved building plans" subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance.

4. Responsible Monitoring Party – Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure.Outside public agency review is limited to those public agencies specified in the Mitigation Monitoring Plan which have permit authority in conjunction with the mitigation measure.

5. Ongoing Mitigation Measures – The mitigation measures that are designated to occur on an ongoing basis as part of this Mitigation Monitoring Plan will be monitored in the form of an annual letter from the property owner/developer in January of each year demonstrating how compliance with the subject measure(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored "Ongoing During Construction", the annual letter will review those measures only while construction is occurring; monitoring will be discontinued after construction is complete. A final annual letter will be provided at the close of construction.

6. Building Permit – For purposes of this Mitigation Monitoring Plan, a building permit shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building but shall not include any permits required for interior tenant improvements or minor additionsto an existing structure or building.

Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Mitigation Monitoring and Reporting Program
Impact Category Mitigation Measure Implementation
Timing
Responsible
Monitoring Party
Monitoring/Reporting
Method
Biological Resources
MM BIO-1: Mitigation for the permanent removal of

0.10 acre (469 linear feet) of potential other waters
of the U.S. and State subject to Sections 404 and 401
of the CWA, and 0.52 acre (469 linear feet) of
potential CDFW streams and associated vegetation
subject to CFGC Code Section 1600, and MSHCP
riparian/riverine areas (inclusive of the 0.09 acre of
scale broom scrub [a CDFW sensitive natural
community]) will be addressed through the purchase
of credits, either from the Riverpark Mitigation Bank
or Barry Jones Wetland Mitigation Bank.

Riverpark Mitigation Bank: If mitigation credits are
purchased from the Riverpark Mitigation Bank, they
will either be purchased as re-establishment or
rehabilitation. If re-establishment is available, credits will be purchased at a 1.5:1 replacement ratio (i.e.,

0.78 acres of mitigation). If both re-establishment
and rehabilitation is available, credits will be
purchased at a 1:1 replacement ratio for both credit
options (i.e., 0.52 acres of re-establishment and 0.52
acres of rehabilitation, for a total of 1.04 acres of
mitigation). If re-establishment is not available at the time of purchase, credits will be purchased at a 3:1
replacement ratio for rehabilitation credits alone (i.e,

1.56 acres).

Barry Jones Wetland Mitigation Bank: If mitigation
credits are purchased from the Barry Jones Wetland
Mitigation Bank, they will be purchased as
preservation, at a 4:1 replacement ratio (i.e., 2.08
acres of mitigation).

Prior to
commencement
of ground
disturbing
activities for
Phase 2
Qualified Biologist,
Community
Development
Department -
Planning Division
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Impact Category Mitigation Measure Implementation
Timing
Responsible
Monitoring Party
Monitoring/Reporting
Method
BIO-1 applies only to Phase 2 of the proposed project
as the sensitive natural community and MSHCP
riparian/riverine habitat only occurs in the southern
portion of the project site. A DBESP report, as
described in Section 6.1.2 of the MSHCP, has been
prepared and details the existing conditions,
proposed impacts, and proposed mitigation
sufficient to offset impacts on MSHCP
riparian/riverine areas (inclusive of scale broom
scrub).

Biological Resources
MM BIO-2: Prior to start of site preparation activities (ground disturbance, construction activities, and/or
removal of trees and vegetation), a qualified biologist shall conduct a nesting bird survey within 3 days of
the anticipated initial construction (clearing and
grubbing of potential nesting vegetation) start date
to identify any active nests within 500 feet of the
project site. The Project Applicant shall adhere to the following prior to the issuance of grading permits:
1) Applicant shall designate a biologist (Designated
Biologist) experienced in: identifying local and
migratory bird species of special concern;
conducting bird surveys using appropriate survey
methodology; nesting surveying techniques,
recognizing breeding and nesting behaviors,
locating nests and breeding territories, and
identifying nesting stages and nest success;
determining/establishing appropriate avoidance
and minimization measures; and monitoring the
Prior to
commencement
of site
construction
activities
Qualified Biologist,
Community
Development
Department -
Planning Division
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Impact Category Mitigation Measure Implementation
Timing
Responsible
Monitoring Party
Monitoring/Reporting
Method
efficacy of implemented avoidance and
minimization measures.
2) Pre-activity field surveys shall be conducted at
the appropriate time of day/night, during
appropriate weather conditions, no more than 3
days prior to the initiation of Project activities.

Surveys shall encompass all suitable areas
including trees, shrubs, bare ground, burrows,
cavities, and structures. Survey duration shall
take into consideration the size of the Project
site; density, and complexity of the habitat;
number of survey participants; survey
techniques employed; and shall be sufficient to
ensure the data collected is complete and
accurate.

If an active nest is detected, a suitable avoidance
buffer will be established by the Designated Biologist
in the field based on their best professional
judgement and experience. Construction activities
will remain outside of the buffer until a Designated
Biologist determines that the nest is no longer active
(i.e., the juveniles are surviving independent from
the nest). Appropriate buffers distances generally
include up to 300 feet for passerine species and up to
500 feet for raptors; however, these may be reduced
at the discretion of the biologist, depending on the
site-specific factors, such as the location of the nest, species tolerance to human presence, and the types
of construction-related noises, vibrations, and
human activities that would occur. The Designated
Biologist shall monitor the nest at the onset of
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Impact Category Mitigation Measure Implementation
Timing
Responsible
Monitoring Party
Monitoring/Reporting
Method
project activities, and at the onset of any changes in
such project activities (e.g., increase in number or
type of equipment, change in equipment usage, etc.)
to determine the efficacy of the buffer. If the
Designated Biologist determines that such project
activities may be causing an adverse reaction, the
Designated Biologist shall adjust the buffer
accordingly or implement alternative avoidance and
minimization measures, such as redirecting or
rescheduling construction or erecting sound barriers.

The onsite qualified biologist will review and verify
compliance with these nesting avoidance buffers and
will verify the nesting effort has finished.

If initial construction (clearing and grubbing)
temporarily ceases for a period greater than 7 days,
and activities expect to recommence during the avian
nesting season, the project site (including
surrounding 500 feet) will be resurveyed. Work can
resume within these avoidance areas when no other
active nests are found. Upon completion of the
survey and nesting bird monitoring, a report shall be
prepared and submitted to the City for mitigation
monitoring compliance record keeping.

Cultural Resources
MM CUL-1: Unanticipated Resources. The
developer/permit holder or any successor in interest
shall comply with the following for the life of this
permit. If during ground disturbance activities,
unanticipated cultural resources are discovered, the
following procedures shall be followed:

1. All ground disturbance activities within 100
feet of the discovered cultural resource shall
During
construction
Project Applicant
/Developer,
Construction
Contractor, Project
Archaeologist, Tribal
Monitor,
Engineering
Department,
Community
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Impact Category Mitigation Measure Implementation
Timing
Responsible
Monitoring Party
Monitoring/Reporting
Method
be halted until a meeting is convened
between the developer, the Project
Archaeologist, the Native American tribal
representative(s) from consulting tribes (or
other appropriate ethnic/cultural group
representative), and the Community
Development Director or their designee to
discuss the significance of the find.

2. The developer shall call the Community
Development Director or their designee
immediately upon discovery of the cultural
resource to convene the meeting.

3. At the meeting with the aforementioned
parties, the significance of the discoveries
shall be discussed and a decision is to be
made, with the concurrence of the
Community Development Director or their
designee, as to the appropriate mitigation
(documentation, recovery, avoidance, etc.)
for the cultural resource.

4. Further ground disturbance shall not resume
within the area of the discovery until a
meeting has been convened with the
aforementioned parties and a decision is
made, with the concurrence of the
Community Development Director or their
designee, as to the appropriate mitigation
measures.

5. Treatment and avoidance of the newly
discovered resources shall be consistent with
Development
Department -
Planning Division
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Impact Category Mitigation Measure Implementation
Timing
Responsible
Monitoring Party
Monitoring/Reporting
Method
the Cultural Resources Treatment and
Monitoring Agreements entered into with the
appropriate tribes. This may include
avoidance of cultural resources through
project design, in-place preservation of
cultural resources located in native soils,
and/or re-burial on the Project property so
they are not subject to further disturbance in
perpetuity as identified in Non-Disclosure of
Reburial Location measure.

6. If the find is determined to be significant and
avoidance of the site has not been achieved, a
Phase III data recovery plan shall be prepared
by the Project Archeologist, in consultation
with the Tribe(s), and shall be submitted to
the City for their review and approval prior to
implementation of the said plan.

7. Pursuant to Calif. Pub. Res. Code § 21083.2(b)
avoidance is the preferred method of
preservation for archaeological resources and
cultural resources. If the Project Applicant and
the Tribe(s) cannot agree on the significance
or the mitigation for the archaeological or
cultural resources, these issues will be
presented to the Community Development
Director for decision. The Community
Development Director shall make the
determination based on the provisions of the
California Environmental Quality Act with
respect to archaeological resources,
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Impact Category Mitigation Measure Implementation
Timing
Responsible
Monitoring Party
Monitoring/Reporting
Method
recommendations of the project archeologist
and shall take into account the cultural and
religious principles and practices of the
Tribe(s). Notwithstanding any other rights
available under the law, the decision
of the City Community Development Director
shall be appealable to the City Planning
Commission and/or City Council.” Evidence of
compliance with this mitigation measure, if a
significant archaeological resource is found,
shall be provided to City of Lake Elsinore upon
the completion of a treatment plan and final
report detailing the significance and
treatment finding.

Cultural Resources
MM CUL-2: Archaeologist/CRMP. Prior to
issuance of grading permits, the applicant/developer
shall provide evidence to the Community
Development Department that a Secretary of Interior
Standards qualified and certified Registered
Professional Archaeologist (RPA) has been
contracted to implement a Cultural Resource
Monitoring Program (CRMP) that addresses the
details of all activities that must be completed and
procedures that must be followed regarding cultural
resources associated with this project. The CRMP
document shall be provided to the Community
Development Director or their designee for review
and approval prior to issuance of the grading permit.

The CRMP provides procedures to be followed and
are to ensure that impacts on cultural resources will
Prior to
issuance of
grading permits
Project Applicant
/Developer,
Construction
Contractor, Project
Archaeologist, Tribal
Monitor,
Engineering
Department,
Community
Development
Department -
Planning Division
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Impact Category Mitigation Measure Implementation
Timing
Responsible
Monitoring Party
Monitoring/Reporting
Method
not occur without procedures that would reduce the
impacts to less than significant. These measures shall
include, but shall not be limited to, the following:

Archaeological Monitor - An adequate number of
qualified monitors shall be present to ensure that all
earth-moving activities are observed and shall be onsite during all grading activities for areas to be monitored including off-site improvements.

Inspections will vary based on the rate of excavation,
the materials excavated, and the presence and
abundance of artifacts and features. The frequency
and location of inspections will be determined by the
Project Archaeologist, in consultation with the Tribal
monitor.

Cultural Sensitivity Training - The Project
Archaeologist and a representative designated by the
consulting Tribe(s) shall attend the pre-grading
meeting with the contractors to provide Cultural
Sensitivity Training for all Construction Personnel.

Training will include a brief review of the cultural
sensitivity of the Project and the surrounding area;
what resources could potentially be identified during
earthmoving activities; the requirements of the
monitoring program; the protocols that apply in the
event unanticipated cultural resources are identified,
including who to contact and appropriate avoidance
measures until the find(s) can be properly evaluated;
and any other appropriate protocols. This is a
mandatory training and all construction personnel
must attend prior to beginning work on the project
site. A sign-in sheet for attendees of thistraining shall be included in the Phase IV Monitoring Report.

Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Impact Category Mitigation Measure Implementation
Timing
Responsible
Monitoring Party
Monitoring/Reporting
Method
Unanticipated Resources - In the event that
previously unidentified potentially significant
cultural resources are discovered, the Archaeological
and/or Tribal Monitor(s) shall have the authority to
divert or temporarily halt ground disturbance
operations in the area of discovery to allow
evaluation of potentially significant cultural
resources. The Project Archaeologist, in consultation
with the Tribal monitor(s) shall determine the
significance of the discovered resources. The
Community Development Director or their designee
must concur with the evaluation before construction
activities will be allowed to resume in the affected
area. Before construction activities are allowed to
resume in the affected area, the artifacts shall be
recovered and features recorded using professional
archaeological methods
Phase IV Report - A final archaeological report shall
be prepared by the Project archaeologist and
submitted to the Community Development Director
or their designee prior to grading final. The report
shall follow County of Riverside requirements and
shall include at a minimum: a discussion of the
monitoring methods and techniques used; the
results of the monitoring program including any
artifacts recovered; an inventory of any resources
recovered; updated DPR forms for all sites affected
by the development; final disposition of the
resources including GPS data; artifact catalog and any
additional recommendations. A final copy shall be
submitted to the City, Project Applicant, the Eastern
Information Center (EIC), and the Tribe.

Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Impact Category Mitigation Measure Implementation
Timing
Responsible
Monitoring Party
Monitoring/Reporting
Method
Cultural Resources
MM CUL-3: Cultural Resources Disposition. In
the event that Native American cultural resources
are discovered during the course of grading
(inadvertent discoveries), the following procedures
shall be carried out for final disposition of the
discoveries:

One or more of the following treatments, in order of
preference, shall be employed with the tribes.

Evidence of such shall be provided to the Community
Development Department:

1. Preservation-In-Place of the cultural
resources, if feasible. Preservation in place
means avoiding the resources, leaving them in
the place where they were found with no
development affecting the integrity of the
resources.

2. Relocation of the resources on the Project
property. The measures for relocation shall
include, at least, the following: Measures and
provisions to protect the future reburial area
from any future impacts by means of a deed
restriction or other form of protection (e.g.,
conservation easement) in order to
demonstrate avoidance in perpetuity.

Relocation shall not occur until all legally
required cataloging and basic recordation
have been completed, with an exception that
sacred items, burial goods and Native
During grading
Project Applicant
/Developer,
Construction
Contractor, Project
Archaeologist, Tribal
Monitor,
Engineering
Department,
Community
Development
Department -
Planning Division
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Impact Category Mitigation Measure Implementation
Timing
Responsible
Monitoring Party
Monitoring/Reporting
Method
American human remains are excluded. Any
reburial process shall be culturally
appropriate. Listing of contents and location
of the reburial shall be included in the
confidential Phase IV report. The Phase IV
Report shall be filed with the City under a
confidential cover and not subject to Public
Records Request.

3. If preservation in place or reburial is not
feasible then the resources shall be curated in
the culturally sensitive matter at a Riverside
County curation facility that meets State
Resources Department of Office of Historic
Preservation Guidelines for the Curation of
Archaeological Resources ensuring access and
use pursuant to the Guidelines. The collection
and associated records shall be transferred,
including title, and are to be accompanied by
payment of the fees necessary for permanent
curation. Evidence of curation in the form of a
letter from the curation facility stating that
subject archaeological materials have been
received and that all fees have been paid, shall
be provided by the landowner to the City.

There shall be no destructive or invasive
testing on sacred items, burial goods and
Native American human remains. Results
concerning finds of any inadvertent
discoveries shall be included in the Phase IV
monitoring report. Evidence of compliance
with this mitigation measure, if a significant
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Impact Category Mitigation Measure Implementation
Timing
Responsible
Monitoring Party
Monitoring/Reporting
Method
archaeological resource is found, shall be
provided to the City of Lake Elsinore upon
completion of a treatment plan and final
report detailing the significance and
treatment of finding.

Cultural Resources
MM CUL-4: Tribal Monitoring. Prior to the issuance
of a grading permit, at least 30 days prior to the
issuance, the applicant shall contact the consulting
Native American Tribe(s) that have requested
monitoring through consultation with the City during
the AB 52 and/or the SB 18 process (“Monitoring
Tribes”). The applicant shall coordinate with the
Tribe(s) to develop individual Tribal Monitoring
Agreement(s). A copy of the signed agreement(s)
shall be provided to the City of Lake Elsinore
Community Development Department, Planning
Division prior to the issuance of a grading permit. The Agreement shall address the treatment of any known
tribal cultural resources (TCRs) including the project’s approved mitigation measures and conditions of
approval; the designation, responsibilities, and
participation of professional Tribal Monitors during
grading, excavation and ground disturbing activities;
project grading and development scheduling; terms
of compensation for the monitors; and treatment
and final disposition of any cultural resources, sacred sites, and human remains/burial goods discovered on
the site per the Tribe(s) customs and traditions and
the City’s mitigation measures/conditions of
approval. The Tribal Monitor will have the authority
to stop and redirect grading in the immediate area of
Prior to
issuance of a
grading permit;
and during site
disturbing
activities
Project Applicant
/Developer,
Construction
Contractor, Project
Archaeologist, Tribal
Monitor,
Engineering
Department,
Community
Development
Department -
Planning Division
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Impact Category Mitigation Measure Implementation
Timing
Responsible
Monitoring Party
Monitoring/Reporting
Method
a find in order to evaluate the find and determine the
appropriate next steps, in consultation with the
Project archaeologist.

Cultural Resources
MM CUL-5: Phase IV Report. Upon completion
of the implementation phase, a Phase IV Cultural
Resources Monitoring Report shall be submitted that
complies with the Riverside County Planning
Department's requirements for such reports for all
ground disturbing activities associated with this
grading permit. The report shall follow the County of
Riverside Planning Department Cultural Resources
(Archaeological) Investigations Standard Scopes of
Work posted on the County website. The report shall
include results of any feature relocation as well as
evidence of the required cultural sensitivity training
for the construction staff held during the required
pre-grade meeting. Once the report is determined to
be adequate, two (2) copies shall be submitted to
Eastern Information Center (EIC) at the University of
California Riverside (UCR) and one (1) copy shall be
submitted to the Monitoring Tribes.

After
completion of
construction
site monitoring
Project Applicant
/Developer, Project
Archaeologist, Tribal
Monitor,
Community
Development
Department -
Planning Division
Cultural Resources
MM CUL-6: Discovery of Human Remains. In the
event that human remains (or remains that may be
human) are discovered at the project site during
grading or earthmoving, the construction
contractors, project archaeologist and/or designated
Native American Monitor shall immediately stop all
activities within 100 feet of the find. The project
applicant shall then inform the Riverside County
Coroner and the City of Lake Elsinore Community
During
construction
Project Applicant
/Developer,
Construction
Contractor, Project
Archaeologist, Tribal
Monitor, Riverside
County Coroner,
Community
Development
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Impact Category Mitigation Measure Implementation
Timing
Responsible
Monitoring Party
Monitoring/Reporting
Method
Development Department immediately, and the
coroner shall be permitted to examine the remains as
required by California Health and Safety Code Section
7050.5(b). Section 7050.5 requires that excavation
be stopped in the vicinity of discovered human
remains and that no further disturbance shall occur
until the Riverside County Coroner has made the
necessary findings as to origin. If human remains are
determined to be Native American, the applicant
shall comply with the state law relating to the
disposition of Native American burials that fall within the jurisdiction of the NAHC (PRC Section 5097). The
coroner shall contact the NAHC within 24 hours and
the NAHC will make the determination of most likely
descendant. The most likely descendant shall then
make recommendations and engage in consultation
concerning the treatment of the remains as provided
in Public Resource Code Section 5097.98. In the event
that the applicant and the MLD are in disagreement
regarding the disposition of the remains. State law
will apply and the mediation process will occur with
the NAHC, if requested (see PRC Section 5097.98(e)
and 5097.94(k)).

According to the California Health and Safety Code,
six or more human burial at one location constitutes
a cemetery (Section 81 00), and disturbance of Native
American cemeteries is a felony (Section 7052).

Department -
Planning Division
Cultural Resources
MM CUL-7: Non-Disclosure of Reburial Location. It
is understood by all parties that unless otherwise
required by law, the site of any reburial of Native
American human remains or associated grave goods
During
construction
Project Applicant
/Developer,
Riverside County
Coroner
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Impact Category Mitigation Measure Implementation
Timing
Responsible
Monitoring Party
Monitoring/Reporting
Method
shall not be disclosed and shall not be governed by
public disclosure requirements of the California
Public Records Act. The Coroner, pursuant to the
specific exemption set forth in California
Government Code 6254 (r), parties, and Lead
Agencies, will be asked to withhold public disclosure
information related to such reburial, pursuant to the
specific exemption set forth in California
Government Code 6254 (r).

Noise
MM NOI-1: Prior to issuance of a building permit,
ensure that the sound attenuation features are
identified on the plans and implemented to reduce
noise impacts to off-site receptors to levels which
comply with the City’s General Plan. These measures
may include but not be limited to the following:
• Construct a twelve (12)-foot-tall soundwall
along the eastern curb of the car wash tunnel
exit for a distance of 20 feet to the south to
shield residential receivers east of the
project site. The soundwall shall connect to
the car wash building at the tunnel exit;
• Limit car wash operations to daytime hours
of 7:00 a.m. to 10:00 p.m.

Prior to
issuance of a
building permit
Project Applicant
/Developer,
Community
Development
Department Building
& Safety Division
Noise
MM NOI-2: Prior to issuance of a building permit,
ensure that the vibration attenuation features are
identified on the plans to reduce potential vibration
levels at property lines adjacent to residential uses.

These measures may include but not be limited to
implementation of a small vibratory roller when
Prior to
issuance of a
building permit
Project Applicant
/Developer,
Community
Development
Department Building
& Safety Division
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Impact Category Mitigation Measure Implementation
Timing
Responsible
Monitoring Party
Monitoring/Reporting
Method
compacting activities are conducted within 25 feet of
an adjacent residential property line. A small
vibratory roller creates approximately 0.101 in./sec.

PPV at a distance of 25 feet (Caltrans 2020). This
would equal a vibration level of 0.177 in./sec. PPV at
15 feet. This vibration level would not exceed the
threshold of 0.25 in./sec. PPV.

Transportation
COA TRANS-1: Prior to the issuance of a building
permit, the Property Owner/Developer shall pay its
fair share of the cost of the improvements identified
in the Project’s traffic study, to the City of Lake
Elsinore.

Prior to
issuance of a
building permit
Project
Applicant/Developer,
Engineering
Department
RESOLUTION NO. 2023-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2021- 34 (TENTATIVE PARCEL MAP NOS. 38195 AND 38281, CONDITIONAL USE PERMIT NOS. 2021-09, 2021-10, 2021-11, AND 2021-12, COMMERCIAL DESIGN REVIEW NO. 2021-17, PUBLIC CONVENIENCE AND NECESSITY NOS. 2021-01 AND 2021-02, AND UNIFORM SIGN PROGRAM NO. 2021-35) IS CONSISTENT

WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT

CONSERVATION PLAN (MSHCP)
Whereas, Karen Levitt Ortiz, Evergreen Devco, Inc. has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-34 which includes the construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quick-serve drive-through restaurants, a gas station with a convenience store, and a separate drive-through car wash with 369 parking spaces, which would be constructed in two phases over a total of 8.863 gross acres (Project). Tentative Parcel Map No. 38195 would include a subdivision of the 8.863 gross acre site into four (4) lots ranging in size from 1.10 to 4.62 gross acres and Tentative Parcel Map No. 38281 would include a subdivision of the 8.863 gross acre site into five (5) lots ranging in size from 1.03 to 3.59 gross acres. Conditional Use Permit No. 2021-09 would establish a 4,116 SF Car Wash on Lot 1, Conditional Use Permit No. 2021-10 would establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 2, Conditional Use Permit No. 2021-11 and Public Convenience & Necessity No. 2021-01 would establish a gas station and the 4,088 SF convenience store with concurrent sale of beer and wine for off-site consumption (Type 20 ABC) on Lot 3, Public Convenience & Necessity No. 2021-02 includes a PCN finding for the 43,050 SF grocery store for the sale of beer, wine, and distilled spirits for off-site consumption (Type 21 and 86 ABC) on Lot 4, and Conditional Use Permit No. 2021-12 would establish a the 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 5. Commercial Design Review No. 2021-17 provides a comprehensive design review for the entire Project site that includes architectural elevations, on-site stormwater management improvements, lighting, walls and fencing, parking and landscaping. Uniform Sign Program (SIGN) No. 2021-35 proposes to establish a uniform sign program that creates an integrated framework for all the signage within the center; and,
Whereas, the Project is located on Central Avenue/State Route 74 (SR-74) east of the intersection with Cambern Avenue (APNs: 377-020-014, 377-020-016, 377-020-017, 377-020- 018, and 377-020-019); and,
Whereas, Section 6.0 of the Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process (LEAP) and the Joint Project Review (JPR) to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and,
Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP Criteria Cell, and the MSHCP goals and objectives; and, Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Section 17.415.050 (Major Design Review), Section 17.415.070 (Conditional Use Permit), Chapter 16.24 (Tentative Map), Section 17.410.070 (Approving Authority), and Section 17.410.030 (Multiple Applications) the CC Reso. No. 2023-____

Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to tentative maps, conditional use permits, design review applications, and sign programs; and, Whereas, on October 18, 2022, November 15, 2022, and April 4, 2023, at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item, and by a resolution recommended that the Council adopt Findings of Consistency with the MSHCP; and, Whereas, on April 25, 2023, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference.

Section 2: The Council has considered the Project and the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

Section 3: That in accordance with the MSHCP, the Council makes the following findings for MSHCP consistency:

1. The Project is a project under the City’s MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval.

The Project site is not located within a MSHCP Criteria Cell. Pursuant to the City’s MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other “Plan Wide Requirements.” These include the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, § 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, § 6.1.3), Additional Survey Needs and Procedures (MSHCP, § 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, §

6.1.4), Vegetation Mapping (MSHCP, § 6.3.1) requirements, Fuels Management Guidelines (MSHCP, § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4).

2. The Project is subject to the City’s LEAP and the Western Riverside County Regional Conservation Authority’s (RCA) Joint Project Review (JPR) processes.

As stated above, the Project is not located within a Criteria Cell and therefore was not required to go through the LEAP and JPR processes.

3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines.

Section 6.1.2 of the MSHCP requires the assessment of a proposed project’s potential impacts to riparian/riverine or vernal pool resources, and those species that depend on such resources. Drainage 1, which traverses the eastern portion of the Project site, meets the criteria for riparian/riverine, as defined in the MSHCP. Phase 2 of the proposed Project would CC Reso. No. 2023-____

result in the permanent removal of Drainage 1, and approximately 0.52 acre (469 linear feet) of riparian/riverine area, including 0.09 acres of native riparian/riverine vegetation (scale broom scrub). The portion of Drainage 1 that traverses the Project site comprises earthen bed and banks that exhibit natural hydrology and support native vegetation that provide marginal foraging and breeding habitat for wildlife; however, this resource is isolated and is no longer capable of functioning as contiguous habitat. Vegetation both upstream and downstream of the project site consists almost exclusively of ornamental vegetation (e.g., river red gum).

While this vegetation may support nesting birds, it provides little value as habitat for most indigenous wildlife, including those considered special status or otherwise sensitive species.

Incorporation of Mitigation Measure BIO-1 (either from the Riverpark Mitigation Bank or Barry Jones Wetland Mitigation Bank; applicable only during Phase 2 of the proposed Project), the payment of development fees, and the implementation of appropriate Best Management Practices outlined in MSHCP Appendix C (Dudek 2003) would ensure that the Project is consistent with the provisions of the MSHCP.

4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines.

The property is not in a Narrow Endemic Plant Species Survey Area (NEPSSA) for any narrow endemic species, and no NEPSSA surveys are required. The proposed Project is therefore consistent with the Protection of Narrow Endemic Plant Species Guidelines.

5. The Project is consistent with the Additional Survey Needs and Procedures.

The MSHCP requires additional surveys for certain species if the project is located in certain locations. Pursuant to MSHCP Figure 6-2 (Criteria Area Species Survey Area), Figure 6-3 (Amphibian Species Survey Areas with Criteria Area), Figure 6-4 (Burrowing Owl Survey Areas with Criteria Area), Figure 6-5 (Mammal Species Survey Areas with Criteria Area), burrowing owl surveys are required for the subject property prior to approval of a development proposal.

The property is not located within a Narrow Endemic Plant Species Survey Area as defined by Section 6.1.3, or Amphibian Survey Area, Burrowing Owl Survey Area, or Mammal Survey Area as defined by Section 6.3.2 of the MSHCP. Therefore, the subject Project is consistent with the Additional Survey Needs and Procedures of the MSHCP.

6. The Project is consistent with the Urban/Wildlands Interface Guidelines.

According to section 6.1.4 of the MSHCP, the Urban/Wildlands Interface Guidelines are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area. The Project site is not near a conservation area. Therefore, the Urban/Wildlife Interface Guidelines are not applicable.

7. The Project is consistent with the Vegetation Mapping requirements.

There are no resources located on the Project site requiring mapping as set forth in MSHCP Section 6.3.1.

8. The Project is consistent with the Fuels Management Guidelines.

The MSHCP acknowledges that brush management to reduce fuel loads and protect urban uses and public health/safety shall occur where development is adjacent to conservation CC Reso. No. 2023-____

areas. The Project is not located within or adjacent to MSHCP Conservation Areas. Since the Project site is not immediately adjacent to a MSHCP Conservation Area, the proposed project does not pose a risk of causing direct or indirect effects to MSHCP Conservation Areas.

Therefore, the project is consistent with the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP. The Project will incorporate the BMPs outlined in Volume I, Appendix C of the MSHCP as part of the development. Therefore, the Project is consistent with the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP.

9. The Project will be conditioned to pay the City’s MSHCP Local Development Mitigation Fee.

As a condition of approval, the Project will be required to pay the City’s MSHCP Local Development Mitigation Fee at the time of issuance of building permits.

10. The Project is consistent with the MSHCP.

The Project site is not within or adjacent to any MSHCP Criteria Cell or conservation areas.

As described above, the Project complies with all other applicable MSHCP requirements.

Section 4: Based upon the evidence presented, both written and testimonial, and the above findings, the Council hereby finds that the Project is consistent with the MSHCP.

Section 5: This Resolution shall take effect immediately upon its adoption.

Section 6: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted on this 25th day of April, 2023.

Natasha Johnson
Mayor
Attest:
___________________________________
Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2023-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of April 25, 2023, and that the same was adopted by the following vote:

CC Reso. No. 2023-____

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 38195 SUBDIVIDING

8.863 ACRES INTO FOUR LOTS RANGING IN SIZE FROM 1.10 ACRES TO 4.62 ACRES LOCATED APNS 377-020-014, 016, 017, 018, AND 019
Whereas, Karen Levitt Ortiz, Evergreen Devco, Inc. has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-34 which includes the construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quick-serve drive-through restaurants, a gas station with a convenience store, and a separate drive-through car wash with 369 parking spaces, which would be constructed in two phases over a total of 8.863 gross acres (Project). Tentative Parcel Map No. 38195 would include a subdivision of the 8.863 gross acre site into four (4) lots ranging in size from 1.10 to 4.62 gross acres and Tentative Parcel Map No. 38281 would include a subdivision of the 8.863 gross acre site into five (5) lots ranging in size from 1.03 to 3.59 gross acres. Conditional Use Permit No. 2021-09 would establish a 4,116 SF Car Wash on Lot 1, Conditional Use Permit No. 2021-10 would establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 2, Conditional Use Permit No. 2021-11 and Public Convenience & Necessity No. 2021-01 would establish a gas station and the 4,088 SF convenience store with concurrent sale of beer and wine for off-site consumption (Type 20 ABC) on Lot 3, Public Convenience & Necessity No. 2021-02 includes a PCN finding for the 43,050 SF grocery store for the sale of beer, wine, and distilled spirits for off-site consumption (Type 21 and 86 ABC) on Lot 4, and Conditional Use Permit No. 2021-12 would establish a the 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 5. Commercial Design Review No. 2021-17 provides a comprehensive design review for the entire Project site that includes architectural elevations, on-site stormwater management improvements, lighting, walls and fencing, parking and landscaping. Uniform Sign Program (SIGN) No. 2021-35 proposes to establish a uniform sign program that creates an integrated framework for all the signage within the center; and,
Whereas, the Project is located on Central Avenue/State Route 74 (SR-74) east of the intersection with Cambern Avenue (APNs: 377-020-014, 377-020-016, 377-020-017, 377-020- 018, and 377-020-019); and,
Whereas, Tentative Parcel Map (TPM) No. 38195 proposes to subdivide the 8.863 gross acre site into four (4) lots ranging in size from 1.10 to 4.62 gross acres; and, Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the Project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; and, Whereas, based upon the results of the Initial Study (Environmental Review No. 2021- 05), and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that it was appropriate to prepare and circulate a Mitigated Negative Declaration (MND) for the project. In accordance with CEQA Guidelines Section 15073, the MND was made available for public review and comment for a minimum of 30 days beginning on September 12, 2022, and ending on October 12, 2022; and,
CC Reso. No. 2023-____

Whereas, on April 25, 2023, at a duly noticed Public Hearing, the City Council (Council) by resolution adopted the MND (SCH No. 2022090133) for the Project and adopted a Mitigation Monitoring and Reporting Program; and,
Whereas, pursuant to Chapter 16.24 (Tentative Map) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the Council pertaining to tentative maps; and, Whereas, on October 18, 2022, November 15, 2022, and April 4, 2023, at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item, and adopted a resolution recommending that the Council Approve TPM No. 38195; and, Whereas, on April 25, 2023 at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference.

Section 2: The Council has reviewed and analyzed the proposed project pursuant to the appropriate Planning and Zoning Laws (Cal. Gov. Code Sec 65000 et. seq.), the Lake Elsinore General Plan (GP), and Chapter 16 (Subdivisions) of the LEMC.

Section 3: That in accordance with State Planning and Zoning Law and the LEMC, the Council makes the following findings for approval of TPM No. 38195:

1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5).
a. The Project has a General Plan Land Use designation of General Commercial (GC) and is located within the Business District. The GC Land Use designation provides for retail, services, restaurants, professional and administrative offices, hotels and motels, mixeduse projects, public and quasi-public uses, and similar and compatible uses with a maximum 0.40 Floor Area Ratio (FAR). The Project is proposing to develop a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quickserve drive-through restaurants, a gas station with a convenience store, and a separate drive-through car wash with 0.16 FAR. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan. b. All offsite mitigation measures have been identified in a manner consistent with the General Plan.

2. The site of the proposed subdivision of land is physically suitable for the proposed density of development in accordance with the General Plan.

CC Reso. No. 2023-____

a. The proposed Project does not include residential development. The proposed subdivision is consistent and compatible with the adjacent communities.

3. The effects that this project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced.
a. TPM No. 38195 is consistent with the General Commercial land use plan, development and design standards, and programs, and all other appropriate requirements contained in the General Plan. The Project has a General Commercial (GC) Land Use Designation and will not have a direct impact on housing needs. During the approval of the General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City.

4. The proposed division of land or type of improvements is not likely to result in any significant environmental impacts.
a. A Mitigated Negative Declaration (MND) (ER 2021-05) (SCH# 2022090133) was prepared for TPM No. 38195. The Initial Study identified potentially significant environmental effects but these impacts will be mitigated to below a level of significance through compliance with the mitigation measures set forth in the MND. TPM No. 38195 has been conditioned to comply with these mitigation measures.

5. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems.
a. TPM No. 38195 has been designed in a manner consistent with the General Plan and does not divide previously established communities.

6. The design of the proposed division of land or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land.
a. All known easements or request for access have been incorporated into the design of TPM No. 38195.
b. The map has been circulated to City departments and outside agencies, and appropriate Conditions of Approval have been applied to the project.

Section 4: Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Council hereby approves TPM No. 38195.

Section 5: This Resolution shall take effect immediately upon its adoption.

Section 6: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted on this 25th day of April, 2023.

CC Reso. No. 2023-____

Natasha Johnson
Mayor
Attest:
___________________________________
Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2023-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of April 25, 2023, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 38281 SUBDIVIDING

8.863 ACRES INTO FIVE LOTS RANGING IN SIZE FROM 1.10 ACRES TO 3.59 ACRES LOCATED APNS 377-020-014, 016, 017, 018, AND 019
Whereas, Karen Levitt Ortiz, Evergreen Devco, Inc. has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-34 which includes the construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quick-serve drive-through restaurants, a gas station with a convenience store, and a separate drive-through car wash with 369 parking spaces, which would be constructed in two phases over a total of 8.863 gross acres (Project). Tentative Parcel Map No. 38195 would include a subdivision of the 8.863 gross acre site into four (4) lots ranging in size from 1.10 to 4.62 gross acres and Tentative Parcel Map No. 38281 would include a subdivision of the 8.863 gross acre site into five (5) lots ranging in size from 1.03 to 3.59 gross acres. Conditional Use Permit No. 2021-09 would establish a 4,116 SF Car Wash on Lot 1, Conditional Use Permit No. 2021-10 would establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 2, Conditional Use Permit No. 2021-11 and Public Convenience & Necessity No. 2021-01 would establish a gas station and the 4,088 SF convenience store with concurrent sale of beer and wine for off-site consumption (Type 20 ABC) on Lot 3, Public Convenience & Necessity No. 2021-02 includes a PCN finding for the 43,050 SF grocery store for the sale of beer, wine, and distilled spirits for off-site consumption (Type 21 and 86 ABC) on Lot 4, and Conditional Use Permit No. 2021-12 would establish a the 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 5. Commercial Design Review No. 2021-17 provides a comprehensive design review for the entire Project site that includes architectural elevations, on-site stormwater management improvements, lighting, walls and fencing, parking and landscaping. Uniform Sign Program (SIGN) No. 2021-35 proposes to establish a uniform sign program that creates an integrated framework for all the signage within the center; and,
Whereas, the Project is located on Central Avenue/State Route 74 (SR-74) east of the intersection with Cambern Avenue (APNs: 377-020-014, 377-020-016, 377-020-017, 377-020- 018, and 377-020-019); and,
Whereas, Tentative Parcel Map (TPM) No. 38281 proposes to subdivide the 8.863 gross acre site into five (5) lots ranging in size from 1.03 to 3.59 gross acres; and, Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the Project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; and, Whereas, based upon the results of the Initial Study (Environmental Review No. 2021- 05), and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that it was appropriate to prepare and circulate a Mitigated Negative Declaration (MND) for the project. In accordance with CEQA Guidelines Section 15073, the MND was made available for public review and comment for a minimum of 30 days beginning on September 12, 2022, and ending on October 12, 2022; and,
CC Reso. No. 2023-____

Whereas, on April 25, 2023, at a duly noticed Public Hearing, the City Council (Council) by resolution adopted the MND (SCH No. 2022090133) for the Project and adopted a Mitigation Monitoring and Reporting Program; and,
Whereas, pursuant to Chapter 16.24 (Tentative Map) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the Council pertaining to tentative maps; and, Whereas, on October 18, 2022, November 15, 2022, and April 4, 2023, at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item, and adopted a resolution recommending that the Council Approve TPM No. 38281; and, Whereas, on April 25, 2023 at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference.

Section 2: The Council has reviewed and analyzed the proposed project pursuant to the appropriate Planning and Zoning Laws (Cal. Gov. Code Sec 65000 et. seq.), the Lake Elsinore General Plan (GP), and Chapter 16 (Subdivisions) of the LEMC.

Section 3: That in accordance with State Planning and Zoning Law and the LEMC, the Council makes the following findings for approval of TPM No. 38281:

1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5).
a. The Project has a General Plan Land Use designation of General Commercial (GC) and is located within the Business District. The GC Land Use designation provides for retail, services, restaurants, professional and administrative offices, hotels and motels, mixeduse projects, public and quasi-public uses, and similar and compatible uses with a maximum 0.40 Floor Area Ratio (FAR). The Project is proposing to develop a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quickserve drive-through restaurants, a gas station with a convenience store, and a separate drive-through car wash with 0.16 FAR. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan. b. All offsite mitigation measures have been identified in a manner consistent with the General Plan.

2. The site of the proposed subdivision of land is physically suitable for the proposed density of development in accordance with the General Plan.

CC Reso. No. 2023-____

a. The proposed Project does not include residential development. The proposed subdivision is consistent and compatible with the adjacent communities.

3. The effects that this project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced.
a. TPM No. 38281 is consistent with the General Commercial land use plan, development and design standards, and programs, and all other appropriate requirements contained in the General Plan. The Project has a General Commercial (GC) Land Use Designation and will not have a direct impact on housing needs. During the approval of the General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City.

4. The proposed division of land or type of improvements is not likely to result in any significant environmental impacts.
a. A Mitigated Negative Declaration (MND) (ER 2021-05) (SCH# 2022090133) was prepared for TPM No. 38281. The Initial Study identified potentially significant environmental effects but these impacts will be mitigated to below a level of significance through compliance with the mitigation measures set forth in the MND. TPM No. 38281 has been conditioned to comply with these mitigation measures.

5. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems.
a. TPM No. 38281 has been designed in a manner consistent with the General Plan and does not divide previously established communities.

6. The design of the proposed division of land or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land.
a. All known easements or request for access have been incorporated into the design of TPM No. 38281.
b. The map has been circulated to City departments and outside agencies, and appropriate Conditions of Approval have been applied to the project.

Section 4: Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Council hereby approves TPM No. 38281.

Section 5: This Resolution shall take effect immediately upon its adoption.

Section 6: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted on this 25th day of April, 2023.

CC Reso. No. 2023-____

Natasha Johnson
Mayor
Attest:
___________________________________
Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2023-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of April 25, 2023, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-09 TO ESTABLISH A 4,116 SQUARE FOOT CAR WASH ON LOT 1 OF TPM 38195/38281 LOCATED AT APNS 377-020-014, 016, 017, 018, AND 019
Whereas, Karen Levitt Ortiz, Evergreen Devco, Inc. has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-34 which includes the construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quick-serve drive-through restaurants, a gas station with a convenience store, and a separate drive-through car wash with 369 parking spaces, which would be constructed in two phases over a total of 8.863 gross acres (Project). Tentative Parcel Map No. 38195 would include a subdivision of the 8.863 gross acre site into four (4) lots ranging in size from 1.10 to 4.62 gross acres and Tentative Parcel Map No. 38281 would include a subdivision of the 8.863 gross acre site into five (5) lots ranging in size from 1.03 to 3.59 gross acres. Conditional Use Permit No. 2021-09 would establish a 4,116 SF Car Wash on Lot 1, Conditional Use Permit No. 2021-10 would establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 2, Conditional Use Permit No. 2021-11 and Public Convenience & Necessity No. 2021-01 would establish a gas station and the 4,088 SF convenience store with concurrent sale of beer and wine for off-site consumption (Type 20 ABC) on Lot 3, Public Convenience & Necessity No. 2021-02 includes a PCN finding for the 43,050 SF grocery store for the sale of beer, wine, and distilled spirits for off-site consumption (Type 21 and 86 ABC) on Lot 4, and Conditional Use Permit No. 2021-12 would establish a the 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 5. Commercial Design Review No. 2021-17 provides a comprehensive design review for the entire Project site that includes architectural elevations, on-site stormwater management improvements, lighting, walls and fencing, parking and landscaping. Uniform Sign Program (SIGN) No. 2021-35 proposes to establish a uniform sign program that creates an integrated framework for all the signage within the center; and,
Whereas, the Project is located on Central Avenue/State Route 74 (SR-74) east of the intersection with Cambern Avenue (APNs: 377-020-014, 377-020-016, 377-020-017, 377-020- 018, and 377-020-019); and,
Whereas, Conditional Use Permit (CUP) No. 2021-09 proposes to establish a 4,116 SF Car Wash and 25 self-service vacuum stations on Lot 1 of TPM 38195/TPM 38281; and, Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the Project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; and, Whereas, based upon the results of the Initial Study (Environmental Review No. 2021- 05), and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that it was appropriate to prepare and circulate a Mitigated Negative Declaration (MND) for the project. In accordance with CEQA Guidelines Section 15073, the MND was made available for public review and comment for a minimum of 30 days beginning on September 12, 2022, and ending on October 12, 2022; and,
CC Reso. No. 2023-____

Whereas, on April 25, 2023, at a duly noticed Public Hearing, the City Council (Council) by resolution adopted the MND (SCH No. 2022090133) for the Project and adopted a Mitigation Monitoring and Reporting Program; and,
Whereas, Section 17.415.070 of the Lake Elsinore Municipal Code (LEMC) provides that certain uses are desirable but may have operational characteristics that disproportionately impact adjoining properties, businesses, or residents. Accordingly, such uses require a more comprehensive review and approval procedure, including the ability to condition the project in order to mitigate significant impact; and,
Whereas, pursuant Section 17.415.070 (Conditional Use Permits), Section 17.410.070 (Approving Authority), and Section 17.410.030 (Multiple Applications) of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the Council pertaining to conditional use permits; and, Whereas, on October 18, 2022, November 15, 2022, and April 4, 2023, at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item, and adopted a resolution recommending that the Council Approve CUP No. 2021-09; and, Whereas, on April 25, 2023 at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference.

Section 2: The Council has reviewed and analyzed the proposed Project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore General Plan (GP), and the LEMC, and finds and determines that the proposed Project is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the GP and the LEMC.

Section 3. That in accordance with LEMC Section 17.415.070.C. Findings, the Council makes the following findings regarding CUP No. 2021-09:

1. That the proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located.

The Project has a General Plan Land Use designation of General Commercial (GC) and is located within the Business District. The GC Land Use designation provides for retail, services, restaurants, professional and administrative offices, hotels and motels, mixeduse projects, public and quasi-public uses, and similar and compatible uses with a maximum 0.40 Floor Area Ratio (FAR). The Project is proposing to develop a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quickserve drive-through restaurants, a gas station with a convenience store, and a separate CC Reso. No. 2023-____

drive-through car wash with 0.16 FAR. Therefore, the Project is consistent with the General Plan.

The current zoning for the subject site is General Commercial (C-2). Section 17.124.020 of the C-2 zone states that permitted uses listed in the Neighborhood Commercial (C-1) zone are also permitted in the C-2 zone. Section 170.120.020 of the C-1 zone lists retail stores and food stores as permitted uses. Section 17.124.030 of the C-2 zone states that uses subject to a conditional use permit listed in the C-1 zone are also permitted in the C-2 zone subject to a Conditional Use Permit. Section 170.120.030 of the C-1 zone permits drive-through establishments, gasoline dispensing establishments, and car washes subject to a Conditional Use Permit. Further, the proposed Project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses.

2. The proposed use will not be detrimental to the general health, safety, comfort or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City.

The proposed use does not propose either directly or indirectly any detrimental effects to the existing surrounding community. The Project has been conditioned as such to avoid any possible negative impacts associated with the proposed use.

3. The Site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by this title.

The proposed use has been analyzed and staff has determined that the proposed use meets all applicable sections of the LEMC and will complement the existing uses, based on the submitted plans and the conditions of approval imposed on the Project.

4. The Site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use.

The project would include dedication on Central Avenue and Cambern Avenue to the ultimate half‐section width and would construct frontage improvements in accordance with City’s Engineering Department. These improvements will be sufficient for the type and quantity of traffic generated by the proposed use.

5. In approving the subject use at the specific location, there will be no adverse effect on abutting properties or the permitted and normal use thereof.

The Conditional Use Permit has been thoroughly reviewed and conditioned by all applicable City departments thereby eliminating the potential for any adverse effects.

6. Adequate conditions and safeguards pursuant to LEMC 17.415.070.B, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of this chapter and the planning district in which the site is located.

CC Reso. No. 2023-____

Pursuant to Section 17.415.070.B of the LEMC, the Project was considered by the Planning Commission at a duly noticed Public Hearing on October 18, 2022, November 15, 2022, and April 4, 2023, and subsequently by the City Council at a duly noticed Public Hearing held on April 25, 2023. Appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare.

Section 4: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the Project, the Council hereby approves CUP No. 2021-09.

Section 5: This Resolution shall take effect immediately upon its adoption.

Section 6: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted on this 25th day of April, 2023.

Natasha Johnson
Mayor
Attest:
___________________________________
Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2023-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of April 25, 2023, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-10 TO ESTABLISH A 3,000 SQUARE FOOT DRIVE-THROUGH RESTAURANT ON LOT 2 OF TPM 38195/38281 LOCATED AT APNS 377-020-014, 016, 017, 018, AND 019 Whereas, Karen Levitt Ortiz, Evergreen Devco, Inc. has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-34 which includes the construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quick-serve drive-through restaurants, a gas station with a convenience store, and a separate drive-through car wash with 369 parking spaces, which would be constructed in two phases over a total of 8.863 gross acres (Project). Tentative Parcel Map No. 38195 would include a subdivision of the 8.863 gross acre site into four (4) lots ranging in size from 1.10 to 4.62 gross acres and Tentative Parcel Map No. 38281 would include a subdivision of the 8.863 gross acre site into five (5) lots ranging in size from 1.03 to 3.59 gross acres. Conditional Use Permit No. 2021-09 would establish a 4,116 SF Car Wash on Lot 1, Conditional Use Permit No. 2021-10 would establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 2, Conditional Use Permit No. 2021-11 and Public Convenience & Necessity No. 2021-01 would establish a gas station and the 4,088 SF convenience store with concurrent sale of beer and wine for off-site consumption (Type 20 ABC) on Lot 3, Public Convenience & Necessity No. 2021-02 includes a PCN finding for the 43,050 SF grocery store for the sale of beer, wine, and distilled spirits for off-site consumption (Type 21 and 86 ABC) on Lot 4, and Conditional Use Permit No. 2021-12 would establish a the 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 5. Commercial Design Review No. 2021-17 provides a comprehensive design review for the entire Project site that includes architectural elevations, on-site stormwater management improvements, lighting, walls and fencing, parking and landscaping. Uniform Sign Program (SIGN) No. 2021-35 proposes to establish a uniform sign program that creates an integrated framework for all the signage within the center; and,
Whereas, the Project is located on Central Avenue/State Route 74 (SR-74) east of the intersection with Cambern Avenue (APNs: 377-020-014, 377-020-016, 377-020-017, 377-020- 018, and 377-020-019); and,
Whereas, Conditional Use Permit (CUP) No. 2021-10 proposes to establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 2 of TPM 38195/TPM 38281; and, Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the Project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; and, Whereas, based upon the results of the Initial Study (Environmental Review No. 2021- 05), and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that it was appropriate to prepare and circulate a Mitigated Negative Declaration (MND) for the project. In accordance with CEQA Guidelines Section 15073, the MND was made available for public review and comment for a minimum of 30 days beginning on September 12, 2022, and ending on October 12, 2022; and,
CC Reso. No. 2023-____

Whereas, on April 25, 2023, at a duly noticed Public Hearing, the City Council (Council) by resolution adopted the MND (SCH No. 2022090133) for the Project and adopted a Mitigation Monitoring and Reporting Program; and,
Whereas, Section 17.415.070 of the Lake Elsinore Municipal Code (LEMC) provides that certain uses are desirable but may have operational characteristics that disproportionately impact adjoining properties, businesses, or residents. Accordingly, such uses require a more comprehensive review and approval procedure, including the ability to condition the project in order to mitigate significant impact; and,
Whereas, pursuant Section 17.415.070 (Conditional Use Permits), Section 17.410.070 (Approving Authority), and Section 17.410.030 (Multiple Applications) of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the Council pertaining to conditional use permits; and, Whereas, on October 18, 2022, November 15, 2022, and April 4, 2023, at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item, and adopted a resolution recommending that the Council Approve CUP No. 2021-10; and, Whereas, on April 25, 2023 at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference.

Section 2: The Council has reviewed and analyzed the proposed Project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore General Plan (GP), and the LEMC, and finds and determines that the proposed Project is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the GP and the LEMC.

Section 3. That in accordance with LEMC Section 17.415.070.C. Findings, the Council makes the following findings regarding CUP No. 2021-10:

1. That the proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located.

The Project has a General Plan Land Use designation of General Commercial (GC) and is located within the Business District. The GC Land Use designation provides for retail, services, restaurants, professional and administrative offices, hotels and motels, mixeduse projects, public and quasi-public uses, and similar and compatible uses with a maximum 0.40 Floor Area Ratio (FAR). The Project is proposing to develop a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quickserve drive-through restaurants, a gas station with a convenience store, and a separate CC Reso. No. 2023-____

drive-through car wash with 0.16 FAR. Therefore, the Project is consistent with the General Plan.

The current zoning for the subject site is General Commercial (C-2). Section 17.124.020 of the C-2 zone states that permitted uses listed in the Neighborhood Commercial (C-1) zone are also permitted in the C-2 zone. Section 170.120.020 of the C-1 zone lists retail stores and food stores as permitted uses. Section 17.124.030 of the C-2 zone states that uses subject to a conditional use permit listed in the C-1 zone are also permitted in the C-2 zone subject to a Conditional Use Permit. Section 170.120.030 of the C-1 zone permits drive-through establishments, gasoline dispensing establishments, and car washes subject to a Conditional Use Permit. Further, the proposed Project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses.

2. The proposed use will not be detrimental to the general health, safety, comfort or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City.

The proposed use does not propose either directly or indirectly any detrimental effects to the existing surrounding community. The Project has been conditioned as such to avoid any possible negative impacts associated with the proposed use.

3. The Site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by this title.

The proposed use has been analyzed and staff has determined that the proposed use meets all applicable sections of the LEMC and will complement the existing uses, based on the submitted plans and the conditions of approval imposed on the Project.

4. The Site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use.

The project would include dedication on Central Avenue and Cambern Avenue to the ultimate half‐section width and would construct frontage improvements in accordance with City’s Engineering Department. These improvements will be sufficient for the type and quantity of traffic generated by the proposed use.

5. In approving the subject use at the specific location, there will be no adverse effect on abutting properties or the permitted and normal use thereof.

The Conditional Use Permit has been thoroughly reviewed and conditioned by all applicable City departments thereby eliminating the potential for any adverse effects.

6. Adequate conditions and safeguards pursuant to LEMC 17.415.070.B, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of this chapter and the planning district in which the site is located.

CC Reso. No. 2023-____

Pursuant to Section 17.415.070.B of the LEMC, the Project was considered by the Planning Commission at a duly noticed Public Hearing on October 18, 2022, November 15, 2022, and April 4, 2023, and subsequently by the City Council at a duly noticed Public Hearing held on April 25, 2023. Appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare.

Section 4: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the Project, the Council hereby approves CUP No. 2021-10.

Section 5: This Resolution shall take effect immediately upon its adoption.

Section 6: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted on this 25th day of April, 2023.

Natasha Johnson
Mayor
Attest:
___________________________________
Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2023-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of April 25, 2023, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-11 TO ESTABLISH A 4,088 SQUARE FOOT CONVENIENCE STORE WITH A GAS STATION ON LOT 3 OF TPM 38195/38281 LOCATED AT APNS 377-020-014, 016, 017, 018, AND 019
Whereas, Karen Levitt Ortiz, Evergreen Devco, Inc. has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-34 which includes the construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quick-serve drive-through restaurants, a gas station with a convenience store, and a separate drive-through car wash with 369 parking spaces, which would be constructed in two phases over a total of 8.863 gross acres (Project). Tentative Parcel Map No. 38195 would include a subdivision of the 8.863 gross acre site into four (4) lots ranging in size from 1.10 to 4.62 gross acres and Tentative Parcel Map No. 38281 would include a subdivision of the 8.863 gross acre site into five (5) lots ranging in size from 1.03 to 3.59 gross acres. Conditional Use Permit No. 2021-09 would establish a 4,116 SF Car Wash on Lot 1, Conditional Use Permit No. 2021-10 would establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 2, Conditional Use Permit No. 2021-11 and Public Convenience & Necessity No. 2021-01 would establish a gas station and the 4,088 SF convenience store with concurrent sale of beer and wine for off-site consumption (Type 20 ABC) on Lot 3, Public Convenience & Necessity No. 2021-02 includes a PCN finding for the 43,050 SF grocery store for the sale of beer, wine, and distilled spirits for off-site consumption (Type 21 and 86 ABC) on Lot 4, and Conditional Use Permit No. 2021-12 would establish a the 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 5. Commercial Design Review No. 2021-17 provides a comprehensive design review for the entire Project site that includes architectural elevations, on-site stormwater management improvements, lighting, walls and fencing, parking and landscaping. Uniform Sign Program (SIGN) No. 2021-35 proposes to establish a uniform sign program that creates an integrated framework for all the signage within the center; and,
Whereas, the Project is located on Central Avenue/State Route 74 (SR-74) east of the intersection with Cambern Avenue (APNs: 377-020-014, 377-020-016, 377-020-017, 377-020- 018, and 377-020-019); and,
Whereas, Conditional Use Permit (CUP) No. 2021-11 proposes to establish a 4,088 SF convenience store, a fuel canopy with eight (8) pumps with concurrent sale of beer and wine for off-site consumption (Type 20 ABC) on Lot 3 of TPM 38195/TPM 38281; and, Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the Project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; and, Whereas, based upon the results of the Initial Study (Environmental Review No. 2021- 05), and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that it was appropriate to prepare and circulate a Mitigated Negative Declaration (MND) for the project. In accordance with CEQA Guidelines Section 15073, the MND was made available for public review and comment for a minimum of 30 days beginning on September 12, 2022, and ending on October 12, 2022; and,
CC Reso. No. 2023-____

Whereas, on April 25, 2023, at a duly noticed Public Hearing, the City Council (Council) by resolution adopted the MND (SCH No. 2022090133) for the Project and adopted a Mitigation Monitoring and Reporting Program; and,
Whereas, Section 17.415.070 of the Lake Elsinore Municipal Code (LEMC) provides that certain uses are desirable but may have operational characteristics that disproportionately impact adjoining properties, businesses, or residents. Accordingly, such uses require a more comprehensive review and approval procedure, including the ability to condition the project in order to mitigate significant impacts; and,
Whereas, pursuant Section 17.415.070 (Conditional Use Permits), Section 17.410.070 (Approving Authority), and Section 17.410.030 (Multiple Applications) of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the Council pertaining to conditional use permits; and, Whereas, on October 18, 2022, November 15, 2022, and April 4, 2023 at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item, and adopted a resolution recommending that the Council Approve CUP No. 2021-11; and, Whereas, on April 25, 2023 at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference.

Section 2: The Council has reviewed and analyzed the proposed Project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore General Plan (GP), and the LEMC, and finds and determines that the proposed Project is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the GP and the LEMC.

Section 3. That in accordance with LEMC Section 17.415.070.C. Findings, the Council makes the following findings regarding CUP No. 2021-11:

1. That the proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located.

The Project has a General Plan Land Use designation of General Commercial (GC) and is located within the Business District. The GC Land Use designation provides for retail, services, restaurants, professional and administrative offices, hotels and motels, mixeduse projects, public and quasi-public uses, and similar and compatible uses with a maximum 0.40 Floor Area Ratio (FAR). The Project is proposing to develop a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quickserve drive-through restaurants, a gas station with a convenience store, and a separate CC Reso. No. 2023-____

drive-through car wash with 0.16 FAR. Therefore, the Project is consistent with the General Plan.

The current zoning for the subject site is General Commercial (C-2). Section 17.124.020 of the C-2 zone states that permitted uses listed in the Neighborhood Commercial (C-1) zone are also permitted in the C-2 zone. Section 170.120.020 of the C-1 zone lists retail stores and food stores as permitted uses. Section 17.124.030 of the C-2 zone states that uses subject to a conditional use permit listed in the C-1 zone are also permitted in the C-2 zone subject to a Conditional Use Permit. Section 170.120.030 of the C-1 zone permits drive-through establishments, gasoline dispensing establishments, and car washes subject to a Conditional Use Permit. Further, the proposed Project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses.

2. The proposed use will not be detrimental to the general health, safety, comfort or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City.

The proposed use does not propose either directly or indirectly any detrimental effects to the existing surrounding community. The Project has been conditioned as such to avoid any possible negative impacts associated with the proposed use.

3. The Site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by this title.

The proposed use has been analyzed and staff has determined that the proposed use meets all applicable sections of the LEMC and will complement the existing uses, based on the submitted plans and the conditions of approval imposed on the Project.

4. The Site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use.

The project would include dedication on Central Avenue and Cambern Avenue to the ultimate half‐section width and would construct frontage improvements in accordance with City’s Engineering Department. These improvements will be sufficient for the type and quantity of traffic generated by the proposed use.

5. In approving the subject use at the specific location, there will be no adverse effect on abutting properties or the permitted and normal use thereof.

The Conditional Use Permit has been thoroughly reviewed and conditioned by all applicable City departments thereby eliminating the potential for any adverse effects.

6. Adequate conditions and safeguards pursuant to LEMC 17.415.070.B, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of this chapter and the planning district in which the site is located.

CC Reso. No. 2023-____

Pursuant to Section 17.415.070.B of the LEMC, the Project was considered by the Planning Commission at a duly noticed Public Hearing on October 18, 2022, November 15, 2022, and April 4, 2023, and subsequently by the City Council at a duly noticed Public Hearing held on April 25, 2023. Appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare.

Section 4: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the Project, the Council hereby approves CUP No. 2021-11.

Section 5: This Resolution shall take effect immediately upon its adoption.

Section 6: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted on this 25th day of April, 2023.

Natasha Johnson
Mayor
Attest:
___________________________________
Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2023-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of April 25, 2023, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-12 TO ESTABLISH A 3,000 SQUARE FOOT DRIVE-THROUGH RESTAURANT ON LOT 5 OF 38281 LOCATED AT APNS 377-020-014, 016, 017, 018, AND 019 Whereas, Karen Levitt Ortiz, Evergreen Devco, Inc. has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-34 which includes the construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quick-serve drive-through restaurants, a gas station with a convenience store, and a separate drive-through car wash with 369 parking spaces, which would be constructed in two phases over a total of 8.863 gross acres (Project). Tentative Parcel Map No. 38195 would include a subdivision of the 8.863 gross acre site into four (4) lots ranging in size from 1.10 to 4.62 gross acres and Tentative Parcel Map No. 38281 would include a subdivision of the 8.863 gross acre site into five (5) lots ranging in size from 1.03 to 3.59 gross acres. Conditional Use Permit No. 2021-09 would establish a 4,116 SF Car Wash on Lot 1, Conditional Use Permit No. 2021-10 would establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 2, Conditional Use Permit No. 2021-11 and Public Convenience & Necessity No. 2021-01 would establish a gas station and the 4,088 SF convenience store with concurrent sale of beer and wine for off-site consumption (Type 20 ABC) on Lot 3, Public Convenience & Necessity No. 2021-02 includes a PCN finding for the 43,050 SF grocery store for the sale of beer, wine, and distilled spirits for off-site consumption (Type 21 and 86 ABC) on Lot 4, and Conditional Use Permit No. 2021-12 would establish a the 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 5. Commercial Design Review No. 2021-17 provides a comprehensive design review for the entire Project site that includes architectural elevations, on-site stormwater management improvements, lighting, walls and fencing, parking and landscaping. Uniform Sign Program (SIGN) No. 2021-35 proposes to establish a uniform sign program that creates an integrated framework for all the signage within the center; and,
Whereas, the Project is located on Central Avenue/State Route 74 (SR-74) east of the intersection with Cambern Avenue (APNs: 377-020-014, 377-020-016, 377-020-017, 377-020- 018, and 377-020-019); and,
Whereas, Conditional Use Permit (CUP) No. 2021-12 proposes to establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 5 of TPM 38281; and, Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the Project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; and, Whereas, based upon the results of the Initial Study (Environmental Review No. 2021- 05), and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that it was appropriate to prepare and circulate a Mitigated Negative Declaration (MND) for the project. In accordance with CEQA Guidelines Section 15073, the MND was made available for public review and comment for a minimum of 30 days beginning on September 12, 2022, and ending on October 12, 2022; and,
CC Reso. No. 2023-____

Whereas, on April 25, 2023, at a duly noticed Public Hearing, the City Council (Council) by resolution adopted the MND (SCH No. 2022090133) for the Project and adopted a Mitigation Monitoring and Reporting Program; and,
Whereas, Section 17.415.070 of the Lake Elsinore Municipal Code (LEMC) provides that certain uses are desirable but may have operational characteristics that disproportionately impact adjoining properties, businesses, or residents. Accordingly, such uses require a more comprehensive review and approval procedure, including the ability to condition the project in order to mitigate significant impact; and,
Whereas, pursuant Section 17.415.070 (Conditional Use Permits), Section 17.410.070 (Approving Authority), and Section 17.410.030 (Multiple Applications) of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the Council pertaining to conditional use permits; and, Whereas, on October 18, 2022, November 15, 2022, and April 4, 2023 at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item, and adopted a resolution recommending that the Council Approve CUP No. 2021-12; and, Whereas, on April 25, 2023 at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference.

Section 2: The Council has reviewed and analyzed the proposed Project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore General Plan (GP), and the LEMC, and finds and determines that the proposed Project is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the GP and the LEMC.

Section 3. That in accordance with LEMC Section 17.415.070.C. Findings, the Council makes the following findings regarding CUP No. 2021-12:

1. That the proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located.

The Project has a General Plan Land Use designation of General Commercial (GC) and is located within the Business District. The GC Land Use designation provides for retail, services, restaurants, professional and administrative offices, hotels and motels, mixeduse projects, public and quasi-public uses, and similar and compatible uses with a maximum 0.40 Floor Area Ratio (FAR). The Project is proposing to develop a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quickserve drive-through restaurants, a gas station with a convenience store, and a separate CC Reso. No. 2023-____

drive-through car wash with 0.16 FAR. Therefore, the Project is consistent with the General Plan.

The current zoning for the subject site is General Commercial (C-2). Section 17.124.020 of the C-2 zone states that permitted uses listed in the Neighborhood Commercial (C-1) zone are also permitted in the C-2 zone. Section 170.120.020 of the C-1 zone lists retail stores and food stores as permitted uses. Section 17.124.030 of the C-2 zone states that uses subject to a conditional use permit listed in the C-1 zone are also permitted in the C-2 zone subject to a Conditional Use Permit. Section 170.120.030 of the C-1 zone permits drive-through establishments, gasoline dispensing establishments, and car washes subject to a Conditional Use Permit. Further, the proposed Project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses.

2. The proposed use will not be detrimental to the general health, safety, comfort or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City.

The proposed use does not propose either directly or indirectly any detrimental effects to the existing surrounding community. The Project has been conditioned as such to avoid any possible negative impacts associated with the proposed use.

3. The Site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by this title.

The proposed use has been analyzed and staff has determined that the proposed use meets all applicable sections of the LEMC and will complement the existing uses, based on the submitted plans and the conditions of approval imposed on the Project.

4. The Site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use.

The project would include dedication on Central Avenue and Cambern Avenue to the ultimate half‐section width and would construct frontage improvements in accordance with City’s Engineering Department. These improvements will be sufficient for the type and quantity of traffic generated by the proposed use.

5. In approving the subject use at the specific location, there will be no adverse effect on abutting properties or the permitted and normal use thereof.

The Conditional Use Permit has been thoroughly reviewed and conditioned by all applicable City departments thereby eliminating the potential for any adverse effects.

6. Adequate conditions and safeguards pursuant to LEMC 17.415.070.B, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of this chapter and the planning district in which the site is located.

CC Reso. No. 2023-____

Pursuant to Section 17.415.070.B of the LEMC, the Project was considered by the Planning Commission at a duly noticed Public Hearing on October 18, 2022, November 15, 2022, and April 4, 2023, and subsequently by the City Council at a duly noticed Public Hearing held on April 25, 2023. Appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare.

Section 4: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the Project, the Council hereby approves CUP No. 2021-12.

Section 5: This Resolution shall take effect immediately upon its adoption.

Section 6: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted on this 25th day of April, 2023.

Natasha Johnson
Mayor
Attest:
___________________________________
Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2023-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of April 25, 2023, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ADOPTING FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY (PCN 2021-01) FOR THE SALE OF BEER AND WINE (TYPE 20 ABC) FOR OFFSITE CONSUMPTION ON LOT 3 OF TPM 38195/38281 LOCATED AT APNS 377- 020-014, 016, 017, 018, and 019
Whereas, Karen Levitt Ortiz, Evergreen Devco, Inc. has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-34 which includes the construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quick-serve drive-through restaurants, a gas station with a convenience store, and a separate drive-through car wash with 369 parking spaces, which would be constructed in two phases over a total of 8.863 gross acres (Project). Tentative Parcel Map No. 38195 would include a subdivision of the 8.863 gross acre site into four (4) lots ranging in size from 1.10 to 4.62 gross acres and Tentative Parcel Map No. 38281 would include a subdivision of the 8.863 gross acre site into five (5) lots ranging in size from 1.03 to 3.59 gross acres. Conditional Use Permit No. 2021-09 would establish a 4,116 SF Car Wash on Lot 1, Conditional Use Permit No. 2021-10 would establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 2, Conditional Use Permit No. 2021-11 and Public Convenience & Necessity No. 2021-01 would establish a gas station and the 4,088 SF convenience store with concurrent sale of beer and wine for off-site consumption (Type 20 ABC) on Lot 3, Public Convenience & Necessity No. 2021-02 includes a PCN finding for the 43,050 SF grocery store for the sale of beer, wine, and distilled spirits for off-site consumption (Type 21 and 86 ABC) on Lot 4, and Conditional Use Permit No. 2021-12 would establish a the 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 5. Commercial Design Review No. 2021-17 provides a comprehensive design review for the entire Project site that includes architectural elevations, on-site stormwater management improvements, lighting, walls and fencing, parking and landscaping. Uniform Sign Program (SIGN) No. 2021-35 proposes to establish a uniform sign program that creates an integrated framework for all the signage within the center; and,
Whereas, the Project is located on Central Avenue/State Route 74 (SR-74) east of the intersection with Cambern Avenue (APNs: 377-020-014, 377-020-016, 377-020-017, 377-020- 018, and 377-020-019); and,
Whereas, the applicant is requesting approval of Public Convenience or Necessity (PCN) No. 2021-01 for finding of Public Convenience or Necessity for concurrent sale of beer and wine for off-site consumption (Type 20 ABC) within an approximately 4,088 SF convenience store and a gas station located in Lot 3 of TPM 38195/TPM 38281; and, Whereas, the Department of Alcohol Beverage Control (ABC), a state agency, regulates the distribution of liquor licenses in the State of California; and, Whereas, Section 23958.4 of the Business and Professions Code defines “undue concentration" of liquor licenses and establishes a procedure for the local agency to determine if the Public Convenience and Necessity will be served by the issuance of a license notwithstanding a determination that there is an undue concentration of licenses; and, Whereas, Section 23958.4 of the Business and Professions Code allows the City Council to delegate the responsibility making the finding of Public Convenience and Necessity; and, CC Reso. No. 2023-____

Whereas, pursuant to City Council Resolution No. 2008-83, Section 17.410.070 (Approving Authority), and Section 17.410.030 (Multiple Applications) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining determinations on whether Public Convenience and Necessity would be served to warrant the issuance of an alcoholic beverage license from the State Department of Alcohol Beverage Control ABC) as allowed by Section 23958.4 of the Business and Professions Code of the State of California and the City Clerk or Director of Community Development are authorized to issue letters of Public Convenience and Necessity after a determination is made; and, Whereas, on October 18, 2022, November 15, 2022, and April 4, 2023, at a duly noticed Public Hearing, the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item, and adopted a resolution recommending that the Council Approve PCN No. 2021-01; and, Whereas, on April 25, 2023 at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: The Project is located within Census Tract No. 427.50, which contains five (5) off-premise alcohol establishment licenses. ABC guidelines only allows for two (2) off-premise alcohol establishments within this census tract. Before issuing a license, ABC requires a Public Convenience or Necessity (PCN) finding from the local jurisdiction for alcohol sales establishments that are located within a census tract that is over concentrated with similar alcohol related uses.

Section 2: The Council makes the following findings for Public Convenience or Necessity No. 2021-01 for sale of beer and wine for off-site consumption (Type 20 ABC):

1. The use is essential or desirable to the public convenience and public welfare.

The availability of alcohol with the sale of convenience store items allows customers to have readily available products in one location where they would otherwise be obliged to travel to other locations to further purchase their items; thus, the establishment of off-site alcoholic beverage sale serves a public convenience.

2. The granting the permit will not be materially detrimental to the public welfare and to other property in vicinity.

The store is primarily for the sale everyday items such as coffee, groceries, snack foods, confectionery, soft drinks, over-the-counter drugs, toiletries, newspapers, and magazines.

The sale of alcohol is incidental and in conjunction with the sale of such items. The proposed sale of alcohol would not be detrimental to the public health, safety, or welfare because the proposed store is located in a commercial area away from churches, schools, and residences.

In addition, the store has been designed where all the windows are facing the street and parking lot allowing for motorists and patrons outside the store to have a direct view inside the store. Security of alcohol will include the use of theft deterrent equipment and a floor plan that keeps alcohol shelves and coolers unobstructed for store management and staff and permits CC Reso. No. 2023-____

staff to monitor customers and reduce alcohol theft. The store will operate in compliance with the state’s Alcohol Beverage Control Act, together with any conditions of the license that may be issued by ABC. Therefore, the granting of the permit will not be detrimental to public welfare and to other properties in the vicinity.

3. The use conforms to good zoning practices and development standards.

The current zoning for the subject site is General Commercial (C-2). Section 17.124.020 of the C-2 zone states that permitted uses listed in the Neighborhood Commercial (C-1) zone are also permitted in the C-2 zone. Section 170.120.020 of the C-1 zone lists retail stores and food stores as permitted uses. Section 17.124.030 of the C-2 zone states that uses subject to a conditional use permit listed in the C-1 zone are also permitted in the C-2 zone subject to a Conditional Use Permit. Section 170.120.030 of the C-1 zone permits gasoline dispensing establishments subject to a Conditional Use Permit. A Design Review (CDR 2021-17) and a Conditional Use Permit (CUP 2021-11) are being concurrently processed for the subject property ensuring that the Project meets all the development standards of the C-2 zone and the requirements outlined in Section 17.112.090.O of the LEMC are included in the conditions of approval.

4. The use is not contrary to any of the objectives of any part of the adopted General Plan.

The Project complies with the goals and objectives of the General Plan because it will assist in providing a service that serves to provide the full spectrum of commercial needs for a community in a commercial retail center.

Section 3: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the Project, the Council hereby makes findings of Public Convenience and Necessity (PCN 2021-01) for concurrent sale of beer and wine for off-site consumption (Type 20 ABC).

Section 4: This Resolution shall take effect immediately upon its adoption.

Section 5: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted on this 25th day of April, 2023.

Natasha Johnson
Mayor
Attest:
___________________________________
Candice Alvarez, MMC
City Clerk
CC Reso. No. 2023-____

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2023-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of April 25, 2023, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ADOPTING FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY (PCN 2021-02) FOR THE SALE OF BEER, WINE, DISTILLED SPIRITS (TYPE 21 AND 86 ABC) FOR OFF-SITE CONSUMPTION ON LOT 4 OF TPM 38281 LOCATED AT APNS 377-020-014, 016, 017, 018, and 019
Whereas, Karen Levitt Ortiz, Evergreen Devco, Inc. has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-34 which includes the construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quick-serve drive-through restaurants, a gas station with a convenience store, and a separate drive-through car wash with 369 parking spaces, which would be constructed in two phases over a total of 8.863 gross acres (Project). Tentative Parcel Map No. 38195 would include a subdivision of the 8.863 gross acre site into four (4) lots ranging in size from 1.10 to 4.62 gross acres and Tentative Parcel Map No. 38281 would include a subdivision of the 8.863 gross acre site into five (5) lots ranging in size from 1.03 to 3.59 gross acres. Conditional Use Permit No. 2021-09 would establish a 4,116 SF Car Wash on Lot 1, Conditional Use Permit No. 2021-10 would establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 2, Conditional Use Permit No. 2021-11 and Public Convenience & Necessity No. 2021-01 would establish a gas station and the 4,088 SF convenience store with concurrent sale of beer and wine for off-site consumption (Type 20 ABC) on Lot 3, Public Convenience & Necessity No. 2021-02 includes a PCN finding for the 43,050 SF grocery store for the sale of beer, wine, and distilled spirits for off-site consumption (Type 21 and 86 ABC) on Lot 4, and Conditional Use Permit No. 2021-12 would establish a the 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 5. Commercial Design Review No. 2021-17 provides a comprehensive design review for the entire Project site that includes architectural elevations, on-site stormwater management improvements, lighting, walls and fencing, parking and landscaping. Uniform Sign Program (SIGN) No. 2021-35 proposes to establish a uniform sign program that creates an integrated framework for all the signage within the center; and,
Whereas, the Project is located on Central Avenue/State Route 74 (SR-74) east of the intersection with Cambern Avenue (APNs: 377-020-014, 377-020-016, 377-020-017, 377-020- 018, and 377-020-019); and,
Whereas, the applicant is requesting approval of Public Convenience or Necessity No. 2021-02 for finding of Public Convenience or Necessity for the sale of beer, wine, and distilled spirits for off-site consumption (Type 21 and 86 ABC) within an approximately 43,050 SF grocery store located in Lot 4 of TPM 38281; and,
Whereas, the Department of Alcohol Beverage Control (ABC), a state agency, regulates the distribution of liquor licenses in the State of California; and, Whereas, Section 23958.4 of the Business and Professions Code defines “undue concentration" of liquor licenses and establishes a procedure for the local agency to determine if the Public Convenience and Necessity will be served by the issuance of a license notwithstanding a determination that there is an undue concentration of licenses; and, Whereas, Section 23958.4 of the Business and Professions Code allows the City Council to delegate the responsibility making the finding of Public Convenience and Necessity; and, CC Reso. No. 2023-____

Whereas, pursuant to City Council Resolution No. 2008-83, Section 17.410.070 (Approving Authority), and Section 17.410.030 (Multiple Applications) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining determinations on whether Public Convenience and Necessity would be served to warrant the issuance of an alcoholic beverage license from the State Department of Alcohol Beverage Control ABC) as allowed by Section 23958.4 of the Business and Professions Code of the State of California and the City Clerk or Director of Community Development are authorized to issue letters of Public Convenience and Necessity after a determination is made; and, Whereas, on October 18, 2022, November 15, 2022, and April 4, 2023, at a duly noticed Public Hearing, the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item, and adopted a resolution recommending that the Council Approve PCN No. 2021-02; and, Whereas, on April 25, 2023 at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: The Project is located within Census Tract No. 427.50, which contains five (5) off-premise alcohol establishment licenses. ABC guidelines only allows for two (2) off-premise alcohol establishments within this census tract. Before issuing a license, ABC requires a Public Convenience or Necessity (PCN) finding from the local jurisdiction for alcohol sales establishments that are located within a census tract that is over concentrated with similar alcohol related uses.

Section 2: The Council makes the following findings for Public Convenience or Necessity No. 2021-02 for the sale of beer, wine, and distilled spirits for off-site consumption (Type 21 and 86 ABC):

1. The use is essential or desirable to the public convenience and public welfare.

The public will benefit from the sales of alcohol by being able to do their grocery shopping and having the additional option of purchasing alcohol in one place. They will also benefit from the enhanced selection of high quality products that a grocer will offer.

2. The granting the permit will not be materially detrimental to the public welfare and to other property in vicinity.

The store is primarily for the sale of grocery items. The sale of alcohol is incidental and in conjunction with the sale of such items. The estimated percentage floor area devoted to alcohol sales will be 4.5%. In addition, the store will employ security measures at the product level (like security bottle caps), the shelf level (such as locking cabinets) and at the store level (security cameras) to discourage and prevent alcohol theft. The store employs extensive internal training (including any required by state or local regulation), several types of security measures, and operational processes to prevent the sale of alcohol to minors or intoxicated patrons, and to prevent theft of alcoholic beverages from the store. All store associates who will be working in sales or stocking of alcoholic beverages will be trained on ID checking CC Reso. No. 2023-____

processes, how to identify intoxicated customers, the personal and corporate penalties for knowingly selling alcohol to minors, and the importance of being a good neighbor in the community. The store will operate in compliance with the state’s Alcohol Beverage Control Act, together with any conditions of the license that may be issued by ABC. Therefore, the granting of the permit will not be detrimental to public welfare and to other properties in the vicinity.

3. The use conforms to good zoning practices and development standards.

The current zoning for the subject site is General Commercial (C-2). Section 17.124.020 of the C-2 zone states that permitted uses listed in the Neighborhood Commercial (C-1) zone are also permitted in the C-2 zone. Section 170.120.020 of the C-1 zone lists food stores as permitted uses. A Design Review (CDR 2021-17) is being concurrently processed for the subject property ensuring that the Project meets all the development standards of the C-2 zone.

4. The use is not contrary to any of the objectives of any part of the adopted General Plan.

The Project complies with the goals and objectives of the General Plan because it will assist in providing a service that serves to provide the full spectrum of commercial needs for a community in a commercial retail center.

Section 3: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the Project, the Council hereby makes findings of Public Convenience and Necessity (PCN 2021-02) for the sale of beer, wine, and distilled spirits for off-site consumption (Type 21 and 86 ABC).

Section 4: This Resolution shall take effect immediately upon its adoption.

Section 5: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted on this 25th day of April, 2023.

Natasha Johnson
Mayor
Attest:
___________________________________
Candice Alvarez, MMC
City Clerk
CC Reso. No. 2023-____

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2023-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of April 25, 2023, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2021-17

PROVIDING BUILDING DESIGN AND RELATED IMPROVEMENTS FOR THE

EVERGREEN COMMERCIAL DEVELOPMENT PROJECT LOCATED AT APNS 377-020-014, 016, 017, 018, AND 019
Whereas, Karen Levitt Ortiz, Evergreen Devco, Inc. has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-34 which includes the construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quick-serve drive-through restaurants, a gas station with a convenience store, and a separate drive-through car wash with 369 parking spaces, which would be constructed in two phases over a total of 8.863 gross acres (Project). Tentative Parcel Map No. 38195 would include a subdivision of the 8.863 gross acre site into four (4) lots ranging in size from 1.10 to 4.62 gross acres and Tentative Parcel Map No. 38281 would include a subdivision of the 8.863 gross acre site into five (5) lots ranging in size from 1.03 to 3.59 gross acres. Conditional Use Permit No. 2021-09 would establish a 4,116 SF Car Wash on Lot 1, Conditional Use Permit No. 2021-10 would establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 2, Conditional Use Permit No. 2021-11 and Public Convenience & Necessity No. 2021-01 would establish a gas station and the 4,088 SF convenience store with concurrent sale of beer and wine for off-site consumption (Type 20 ABC) on Lot 3, Public Convenience & Necessity No. 2021-02 includes a PCN finding for the 43,050 SF grocery store for the sale of beer, wine, and distilled spirits for off-site consumption (Type 21 and 86 ABC) on Lot 4, and Conditional Use Permit No. 2021-12 would establish a the 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 5. Commercial Design Review No. 2021-17 provides a comprehensive design review for the entire Project site that includes architectural elevations, on-site stormwater management improvements, lighting, walls and fencing, parking and landscaping. Uniform Sign Program (SIGN) No. 2021-35 proposes to establish a uniform sign program that creates an integrated framework for all the signage within the center; and,
Whereas, the Project is located on Central Avenue/State Route 74 (SR-74) east of the intersection with Cambern Avenue (APNs: 377-020-014, 377-020-016, 377-020-017, 377-020- 018, and 377-020-019); and,
Whereas, Commercial Design Review (CDR) No. 2021-17 proposes a comprehensive design review for the entire Project site that includes architectural elevations, on-site stormwater management improvements, lighting, walls and fencing, parking and landscaping; and, Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the Project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; and, Whereas, based upon the results of the Initial Study (Environmental Review No. 2021- 05), and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that it was appropriate to prepare and circulate a Mitigated Negative Declaration (MND) for the project. In accordance with CEQA Guidelines Section 15073, the MND was made available for public review and comment for a minimum of 30 days beginning on September 12, 2022, and ending on October 12, 2022; and,
CC Reso. No. 2023-____

Whereas, on April 25, 2023, at a duly noticed Public Hearing, the City Council (Council) by resolution adopted the MND (SCH No. 2022090133) for the Project and adopted a Mitigation Monitoring and Reporting Program; and,
Whereas, pursuant to Section 17.415.050 (Major Design Review), Section 17.410.070 (Approving Authority), and Section 17.410.030 (Multiple Applications) of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the Council pertaining to design review applications; and, Whereas, on October 18, 2022, November 15, 2022, and April 4, 2023, at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item, and adopted a resolution recommending that the Council Approve CDR No. 2021-17; and, Whereas, on April 25, 2023 at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference.

Section 2: The Council has reviewed and analyzed the proposed Project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore General Plan (GP), and the LEMC, and finds and determines that the proposed Project is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the GP and the LEMC.

Section 3: That in accordance with Section 17.415.050.G of the LEMC, the Council makes the following findings regarding CDR No. 2021-17:

1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located.

The Project has a General Plan Land Use designation of General Commercial (GC) and is located within the Business District. The GC Land Use designation provides for retail, services, restaurants, professional and administrative offices, hotels and motels, mixed-use projects, public and quasi-public uses, and similar and compatible uses with a maximum

0.40 Floor Area Ratio (FAR). The Project is proposing to develop a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quick-serve drive-through restaurants, a gas station with a convenience store, and a separate drive-through car wash with 0.16 FAR. Therefore, the Project is consistent with the General Plan.

The current zoning for the subject site is General Commercial (C-2). Section 17.124.020 of the C-2 zone states that permitted uses listed in the Neighborhood Commercial (C-1) zone are also permitted in the C-2 zone. Section 170.120.020 of the C-1 zone lists retail stores and food stores as permitted uses. Section 17.124.030 of the C-2 zone states that uses subject to a conditional use permit listed in the C-1 zone are also permitted in the C-2 zone subject to a Conditional Use Permit. Section 170.120.030 of the C-1 zone permits drive- CC Reso. No. 2023-____

through establishments, gasoline dispensing establishments, and car washes subject to a Conditional Use Permit. Further, the proposed Project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses.

2. The Project complies with the design directives contained in the General Plan and all other applicable provisions of the LEMC.

The architectural design of the proposed building complies with the Nonresidential Development Standards (Chapter 17.112) of the LEMC. The architecture has been designed to achieve harmony and compatibility with the surrounding area. The colors and materials proposed will assist in blending the architecture into the existing landscape and are compatible with other colors and materials used on other properties near the Project site. In addition, safe and efficient circulation has been achieved onsite.

3. Conditions and safeguards pursuant to Section 17.415.050.G.3 of the LEMC, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Section 17.415.050.

Pursuant to Section 17.415.050.E of the LEMC, the Project was considered by the Planning Commission at a duly noticed Public Hearing held on October 18, 2022, November 15, 2022, and April 4, 2023, and subsequently by the City Council at a duly noticed Public Hearing held on April 25, 2023. The Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment.

Section 4: Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Council hereby approves CDR No. 2021-

17. Section 5: This Resolution shall take effect immediately upon its adoption.

Section 6: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted on this 25th day of April, 2023.

Natasha Johnson
Mayor
Attest:
___________________________________
Candice Alvarez, MMC
City Clerk
CC Reso. No. 2023-____

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2023-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of April 25, 2023, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING UNIFORM SIGN PROGRAM (SIGN) NO. 2021-35

ESTABLISHING A UNIFORM SIGN PROGRAM FOR THE EVERGREEN
COMMERCIAL DEVELOPMENT PROJECT LOCATED AT APNS 377-020-014, 016, 017, 018, AND 019
Whereas, Karen Levitt Ortiz, Evergreen Devco, Inc. has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-34 which includes the construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quick-serve drive-through restaurants, a gas station with a convenience store, and a separate drive-through car wash with 369 parking spaces, which would be constructed in two phases over a total of 8.863 gross acres (Project). Tentative Parcel Map No. 38195 would include a subdivision of the 8.863 gross acre site into four (4) lots ranging in size from 1.10 to 4.62 gross acres and Tentative Parcel Map No. 38281 would include a subdivision of the 8.863 gross acre site into five (5) lots ranging in size from 1.03 to 3.59 gross acres. Conditional Use Permit No. 2021-09 would establish a 4,116 SF Car Wash on Lot 1, Conditional Use Permit No. 2021-10 would establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 2, Conditional Use Permit No. 2021-11 and Public Convenience & Necessity No. 2021-01 would establish a gas station and the 4,088 SF convenience store with concurrent sale of beer and wine for off-site consumption (Type 20 ABC) on Lot 3, Public Convenience & Necessity No. 2021-02 includes a PCN finding for the 43,050 SF grocery store for the sale of beer, wine, and distilled spirits for off-site consumption (Type 21 and 86 ABC) on Lot 4, and Conditional Use Permit No. 2021-12 would establish a the 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 5. Commercial Design Review No. 2021-17 provides a comprehensive design review for the entire Project site that includes architectural elevations, on-site stormwater management improvements, lighting, walls and fencing, parking and landscaping. Uniform Sign Program (SIGN) No. 2021-35 proposes to establish a uniform sign program that creates an integrated framework for all the signage within the center; and,
Whereas, the Project is located on Central Avenue/State Route 74 (SR-74) east of the intersection with Cambern Avenue (APNs: 377-020-014, 377-020-016, 377-020-017, 377-020- 018, and 377-020-019); and,
Whereas, Uniform Sign Program (SIGN) No. 2021-35 proposes to create an integrated framework for all signage within the Project site to allow for business branding and identification while complementing the character of the center via architectural compatibility. The sign program includes proposed freestanding signs, a blueprint for building/wall signage, and all other types of contemplated signage that would be allowed in the center; and, Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the Project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; and, Whereas, based upon the results of the Initial Study (Environmental Review No. 2021- 05), and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that it was appropriate to prepare and circulate a Mitigated Negative Declaration (MND) for the project. In accordance with CEQA Guidelines Section 15073, the MND was made CC Reso. No. 2023-____

available for public review and comment for a minimum of 30 days beginning on September 12, 2022, and ending on October 12, 2022; and,
Whereas, on April 25, 2023, at a duly noticed Public Hearing, the City Council (Council) by resolution adopted the MND (SCH No. 2022090133) for the Project and adopted a Mitigation Monitoring and Reporting Program; and,
Whereas, pursuant to Section 17.196.180.C (Signs in commercial districts), Section

17.415.050 (Major Design Review), Section 17.410.070 (Approving Authority), and Section

17.410.030 (Multiple Applications) of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the Council pertaining to design review applications; and,
Whereas, on October 18, 2022, November 15, 2022, and April 4, 2023, at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item, and adopted a resolution recommending that the Council Approve SIGN No. 2021-35; and, Whereas, on April 25, 2023 at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference.

Section 2: The Council has reviewed and analyzed the proposed Project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore General Plan (GP), and the LEMC, and finds and determines that the proposed Project is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the GP and the LEMC.

Section 3: That in accordance with Section 17.415.050.G of the LEMC, the Council makes the following findings regarding Uniform Sign Program (SIGN) No. 2021-35:

1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located.

The Project has a General Plan Land Use designation of General Commercial (GC) and is located within the Business District. The GC Land Use designation provides for retail, services, restaurants, professional and administrative offices, hotels and motels, mixed-use projects, public and quasi-public uses, and similar and compatible uses with a maximum

0.40 Floor Area Ratio (FAR). The Project is proposing to develop a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quick-serve drive-through restaurants, a gas station with a convenience store, and a separate drive-through car wash with 0.16 FAR. Therefore, the Project is consistent with the General Plan.

The current zoning for the subject site is General Commercial (C-2). Section 17.124.020 of the C-2 zone states that permitted uses listed in the Neighborhood Commercial (C-1) zone CC Reso. No. 2023-____

are also permitted in the C-2 zone. Section 170.120.020 of the C-1 zone lists retail stores and food stores as permitted uses. Section 17.124.030 of the C-2 zone states that uses subject to a conditional use permit listed in the C-1 zone are also permitted in the C-2 zone subject to a Conditional Use Permit. Section 170.120.030 of the C-1 zone permits drivethrough establishments, gasoline dispensing establishments, and car washes subject to a Conditional Use Permit. Further, the proposed Project will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses.

2. The Project complies with the design directives contained in the General Plan and all other applicable provisions of the LEMC.

The proposed uniform sign program demonstrates that the size and scale of signs are harmonious with the overall design concept of the Project. The materials and colors also reflect those used for the principal structures of the Evergreen Commercial Development Project. The Project also complies with the architectural guidelines and development standards outlined in the Nonresidential Development Standards (Chapter 17.112) of the LEMC by creating a sign program that enhances the appearance of the Project. The Project has also incorporated the City’s Branding.

3. Conditions and safeguards pursuant to Section 17.415.050.G.3 of the LEMC, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Section 17.415.050.

Pursuant to Section 17.415.050.E of the LEMC, the Project was considered by the Planning Commission at a duly noticed Public Hearing held on October 18, 2022, November 15, 2022, and April 4, 2023, and subsequently by the City Council at a duly noticed Public Hearing held on April 25, 2023. The Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment.

Section 4: Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Council hereby approves Uniform Sign Program (SIGN) No. 2021-35.

Section 5: This Resolution shall take effect immediately upon its adoption.

Section 6: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted on this 25th day of April, 2023.

Natasha Johnson
Mayor
CC Reso. No. 2023-____

Attest:
___________________________________
Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2023-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of April 25, 2023, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
Applicant’s Initials: _____ Page 1 of 22

CONDITIONS OF APPROVAL
PROJECT: PA 2021-34/TPM 38195/TPM 38281/CUP 2021-09/CUP 2021-10/CUP 2021-11/CUP 2021-12/CDR 2021-17/ PCN
2021-01/PCN 2021-02/SIGN 2021-35
PROJECT NAME: Evergreen Commercial Development Project

PROJECT
LOCATION:

APNs: 377-020-014, 377-020-016, 377-020-017, 377-020-
018, and 377-020-019
APPROVAL DATE:

EFFECTIVE DATE:

EXPIRATION DATE:

GENERAL

1. Planning Application No. 2021-34 involves the construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, several quick-serve restaurants, a gas station with a convenience store, and a separate drive-through car wash with 369 parking spaces, which would be constructed in two phases over a total of 8.863 gross acres.

Tentative Parcel Map No. 38195 would include a subdivision of the 8.863 gross acre site into four (4) lots ranging in size from 1.10 to 4.62 gross acres and Tentative Parcel Map No. 38281 would include a subdivision of the 8.863 gross acre site into five (5) lots ranging in size from 1.03 to 3.59 gross acres. Conditional Use Permit No. 2021-09 would establish a 4,116 SF Car Wash on Lot 1, Conditional Use Permit No. 2021-10 would establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 2, Conditional Use Permit No. 2021-11 and Public Convenience & Necessity No. 2021-01 would establish a gas station and the 4,088 SF convenience store with concurrent sale of beer and wine for off-site consumption (Type 20 ABC) on Lot 3, Public Convenience & Necessity No. No. 2021-02 includes a PCN finding for the 43,050 SF grocery store for the sale of beer, wine, and distilled spirits for off-site consumption (Type 21 and 86 ABC) on Lot 4, and Conditional Use Permit No. 2021-12 would establish a the 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 5. Commercial Design Review No. 2021-17 provides a comprehensive design review for the entire Project site that includes architectural elevations, on-site stormwater management improvements, lighting, walls and fencing, parking and landscaping. Unifom Sign Program (SIGN) No. 2021-35 proposes to establish a uniform sign program that creates an integrated framework for all the signage within the center.The Proposed Project involves off-site roadway improvements along the Project site’s frontage. Two-way vehicular driveways are proposed from Central Avenue into Lots 1 and 3, and from Cambern Avenue into Lots 3 and 5. An emergency vehicle only access is also proposed from Allan Street into Lot 1. The project is located is located on Central Avenue/State Route 74 (SR-74) east of the intersection with Cambern Avenue (APNs: 377- 020-014, 377-020-016, 377-020-017, 377-020-018, and 377-020-019).

2. The applicant shall defend (with counsel reasonably acceptable to the City and the City will reasonably cooperate with the applicant if joint counsel is required, in the applicant’s reasonable discretion), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants (Indemnitees) from any claim, action, or proceeding against the Indemnitees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning approval, implementation and construction of PA 2021-34 (TPM 38195/TPM 38281/CUP 2021-09/CUP 2021-10/CUP 2021-11/CUP 2021-12/CDR 2021-17/ PCN 2021-01/PCN 2021-02/SIGN 2021-35), which action is bought within the time period provided for in California Government Code Sections Conditions of Approval PC: April 4, 2023
PA 2021-34 CC: April 25, 2023
Applicant’s Initials: _____ Page 2 of 22
65009 and/or 66499.37, and Public Resources Code Section 21167, including the approval, extension or modification of PA 2021-34 (TPM 38195/TPM 38281/CUP 2021-09/CUP 2021- 10/CUP 2021-11/CUP 2021-12/CDR 2021-17/ PCN 2021-01/PCN 2021-02/SIGN 2021-35) or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto.

The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees, penalties and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. The City will promptly notify the applicant of any such claim, action, or proceeding against the City. If the project is challenged in court, the City and the applicant shall enter into formal defense and indemnity agreement, consistent with this condition.

3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records.

4. A Notice of Determination shall be filed with the County of Riverside within five working days after project approval. The current filing is $2,814.00.

PLANNING DIVISION

5. Tentative Parcel Map No. 38195 will expire two years from the date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the City Council in accordance with the State of California Subdivision Map Act and applicable requirements of the Lake Elsinore Municipal Code (LEMC).

6. Tentative Parcel Map No. 38195 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the LEMC, unless modified by these Conditions of Approval.

7. Tentative Parcel Map No. 38281 will expire two years from the date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the City Council in accordance with the State of California Subdivision Map Act and applicable requirements of the Lake Elsinore Municipal Code (LEMC).

8. Tentative Parcel Map No. 38281 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the LEMC, unless modified by these Conditions of Approval.

9. Commercial Design Review No. 2021-17 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (1) and (2) of LEMC, Section

17.415.050.I.1. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Section 17.415.050.I.2 shall run with the land for this two-year period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site, which was the subject of the design review application.

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10. Conditional Use Permit No. 2021-09 shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the conditional use permit approval pursuant to subsections (a), (b), and (c) of Lake Elsinore Municipal Code (LEMC) Section 17.415.070.D.2. Subject to the provisions of LEMC Section 17.415.070.I, a conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure, which was the subject of the Conditional Use Permit application.

11. Conditional Use Permit No. 2021-10 shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the conditional use permit approval pursuant to subsections (a), (b), and (c) of Lake Elsinore Municipal Code (LEMC) Section 17.415.070.D.2. Subject to the provisions of LEMC Section 17.415.070.I, a conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure, which was the subject of the Conditional Use Permit application.

12. Conditional Use Permit No. 2021-11 shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the conditional use permit approval pursuant to subsections (a), (b), and (c) of Lake Elsinore Municipal Code (LEMC) Section 17.415.070.D.2. Subject to the provisions of LEMC Section 17.415.070.I, a conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure, which was the subject of the Conditional Use Permit application.

13. Conditional Use Permit No. 2021-12 shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the conditional use permit approval pursuant to subsections (a), (b), and (c) of Lake Elsinore Municipal Code (LEMC) Section 17.415.070.D.2. Subject to the provisions of LEMC Section 17.415.070.I, a conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure, which was the subject of the Conditional Use Permit application.

14. Unifom Sign Program (SIGN) No. 2021-35 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (1) and (2) of Lake Elsinore Municipal Code (LEMC) Section 17.415.050.I.1. Notwithstanding conditions to the contrary, a design Conditions of Approval PC: April 4, 2023
PA 2021-34 CC: April 25, 2023
Applicant’s Initials: _____ Page 4 of 22
review granted pursuant to LEMC Section 17.415.050.I.2 shall run with the land for this twoyear period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site, which was the subject of the design review application.

15. An application for modification, expansion or other change in a Conditional Use Permit shall be reviewed according to the provisions of the Section 17.415.070 of the LEMC, in a similar manner as a new application.

16. If operation of a particular use violates these conditions of approval or code related to parking, noise, traffic, or other impacts, at the discretion of the Community Development Director, a Conditional Use Permit may be referred back to the Planning Commission for subsequent review at a Public Hearing. If necessary, the Commission may modify or add conditions of approval to mitigate such impacts, or may revoke that particular Conditional Use Permit.

17. The applicantor designee shall provide all project-related on-site and off-site improvements as required by these Conditions of Approval.

18. All Conditions of Approval shall be reproduced on page one of building plans prior to their acceptance by the Building and Safety Division, Community Development Department. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy.

19. All future development proposals shall be reviewed by the City on a project by project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required.

20. Any proposed minor revisions to approved plans shall be reviewed and approved by the Community Development Director or designee. Any proposed substantial revisions to the approved plans shall be reviewed according to the provisions of the Municipal Code in a similar manner as a new application.

21. Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m.

Construction activity shall not take place on Sunday, or any Legal Holidays.

22. Hours of Operation for the Carwash located on Lot 1 shall be daily from 7:00 a.m. to 10:00 p.m.

23. No individual signs are approved as part of this approval. The applicant or designee shall submit an application for a sign permit, pay appropriate fees and receive approval from the Community Development Department for any sign(s) installed at the project site consistent with the sign program for the project.

24. In accordance with Section 17.112.090.O. of the LEMC, establishments engaged in the concurrent sale of motor vehicle fuel with alcoholic beverages shall abide by the following requirements:
a. No beer or wine shall be displayed within five feet of the cash register or the front door.

Conditions of Approval PC: April 4, 2023
PA 2021-34 CC: April 25, 2023
Applicant’s Initials: _____ Page 5 of 22
b. No advertisement of alcoholic beverages shall be displayed at motor fuel islands. c. No sale of alcoholic beverages shall be made from a drive-in window. d. No display or sale of beer or wine shall be made from an ice tub. e. No beer or wine advertising shall be located on motor fuel islands and no self-illuminated advertising for beer or wine shall be located on buildings or windows. f. Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell beer and wine.

25. Graffiti shall be removed within 24 hours.

26. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours, except in containers designated for such purpose.

27. No outside overnight storage of inoperable vehicles shall occur at the site.

28. There shall be no loitering in or around the business.

29. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Community Development Director. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the property owner or any successors in interest.

30. If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify the applicableapprovals herein granted, deny or further condition issuance of applicable future building permits, deny revoke, or further condition applicable certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the applicable property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation.

Prior to Recordation of Final Map(s)

31. All lots shall comply with minimum standards set forth in Chapter 17.124 (C-2 General Commercial District) of the LEMC.

32. A precise survey with closures for boundaries and all lots shall be provided per the LEMC.

33. All of the project improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore.

34. Prior to recordation of a Final Map, the applicant shall initiate and complete Covenants, Conditions and Restrictions (CC&Rs) which shall be approved by the City. All CC&R documents that address including, but not limited to, reciprocal easements, shall be submitted for review and approval by City Planning, Engineering and the City Attorney and upon City approval shall be recorded. Such documents shall include Covenants, Conditions and Restrictions (CC&Rs).

Conditions of Approval PC: April 4, 2023
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Applicant’s Initials: _____ Page 6 of 22
a. All slopes, landscaping within public right-of-way, all drainage basins, and common areas including but not limited to parking areas and drive aisles, shall be maintained in accordance with the CC&Rs.
b. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the CC&Rs for the project.

Prior to Issuance of Grading Permits/Building Permits

35. The applicant or designee shall pay all applicable City fees, including but not limited to Development Impact Fees (DIF) and MSHCP Fees per LEMC Section 16.85, at the rate in effect at the time of payment.

36. Prior to the issuance of a grading permit for the Project site and prior to the start of Project activities, if required the Applicant shall notify the California Department of Fish and Wildlife (CDFW) for impacts to Fish and Game Code section 1602 resources. If required, the applicant shall either receive a Streambed Alteration Agreement or written documentation from CDFW that a Streamed Alteration Agreement is not needed.

37. Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) shall be adhered to during all site preparation and construction activity.

38. Prior to the issuance of a grading permit, the applicant shall place a weatherproof 3’ X 3’ sign at the entrance to the project site identifying the approved days and hours of construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m. Construction activity shall not take place on Sunday, or any Legal Holidays. The sign shall identify the name and phone number of the site contractor and/or development manager to address any complaints

39. Prior to issuance of a building permit, the applicant shall submit water and sewer plans to the Elsinore Valley Municipal Water District (EVMWD) for review and approval. The applicant shall incorporate all EVMWD required conditions and standards.

40. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan.

41. The property address (in numerals at least six inches high) shall be displayed near the entrance and be easily visible from the front of the subject property and public right-of-way.

42. The applicant shall construct trash enclosure(s) with a decorative roof to match the colors, materials and design of the project architecture.

43. A uniform hardscape and sitefurniture design including seating benches, trash receptacles, free-standing potted plants, bike racks, light bollards, etc., shall be utilized and be compatible with the architectural style. Detailed designs shall be submitted for Planning Division review and approval prior to the issuance of building permits.

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Applicant’s Initials: _____ Page 7 of 22

44. Prior to issuance of Building Permit, the Applicant shall submit a photometric study to the Community Development Department for review and approval. The plan shall ensure that all exterior on-site lighting are shielded and directed on-site so as not to create glare onto neighboring properties and streets or allow illumination above the horizontal plane of the fixture.

45. Prior to the issuance of a Building Permit, all exterior wall mounted and freestanding light fixtures shall be submitted for review and approval by the Director of Community Development, or their designee. Light fixtures shall compliment the architectural style of the buildings onsite.

46. Prior to the issuance of a Building Permit, the color, finish and pattern of all decorative paving onsite shall be submitted for review and approval by the Director of Community Development, or their designee.

47. Prior to issuance of building permit, a Final Wall and Fence Plan that includes solid screening material for the emergency access gate at Allan Street shall be submitted for review and approval by the Director of Community Development, or their designee.

48. Prior to issuance of a building permit, Final Landscaping / Irrigation Detail Plans shall be submitted along with appropriate fees for review and approval by the Community Development Director or designee.
a. All planting areas shall have permanent and automatic sprinkler system with 50% plant coverage using a drip irrigation method.
b. All planting areas shall be separated from paved areas with a six inch (6”) high and six inch (6”) wide concrete curb. Runoff shall be allowed from paved areas into landscape areas to the maximum extent feasible.
c. Planting within fifteen feet (15’) of ingress/egress points shall be no higher than twentyfour inches (24”). d. Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines.
e. No required tree planting bed shall be less than 5 feet wide. f. Root barriers shall be installed for all trees planted within 10 feet of hardscape areas to include sidewalks.
g. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. h. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City’s adopted Landscape Guidelines. i. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance reviewed by the Landscape Consultant and approved by the Community Development Director or Designee.
j. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. k. Final landscape plan must be consistent with approved site plan. l. Final landscape plans to include planting and irrigation details. m. Final landscape plans shall include drought tolerant planting consistent with Elsinore Valley Municipal Water District standards subject to plan check and approval by the City’s landscape plan check consultant.

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n. No turf shall be permitted.

49. The proposed location of on-site construction trailers shall be approved by the Community Development Director or designee. A cash bond of $1,000 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to approval of the Community Development Director or designee. Such trailer(s) shall be fully on private property and outside the public right of way.

BUILDING DIVISION
General Conditions

50. Final Building and Safety Conditions. Final Building and Safety Conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal.

51. Compliance with Code. All design components shall comply with applicable provisions of the 2022 edition of the California Building, Plumbing and Mechanical Codes: 2022 California Electrical Code; California Administrative Code, 2022 California Energy Codes, 2022 California Green Building Standards, California Title 24 Disabled Access Regulations, and Lake Elsinore Municipal Code.

52. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include:
a. All ground floor units to be adaptable.
b. Disabled access from the public way to the entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement.

53. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi-family residential projects or a recorded final map for single- family residential projects. It takes 10 days to issue address and notify other agencies. Please contact Sonia Salazar at [email protected] or 951-674-3124 X 277.

54. Obtain Approvals Prior to Construction. Applicant must obtain all applicableplans and permit approvals prior to commencement of such construction work.

55. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits.

56. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. Septic systems will need to be approved from Riverside County Environmental Health Department before permit issuance.

57. House Electrical Meter. Applicant shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans Conditions of Approval PC: April 4, 2023
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how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed.

At Plan Review Submittal

58. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including:
a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work.
b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2022 edition of the California Building Code. c. A precise grading plan to verify accessibility for the persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer.

Prior to Issuance of Grading Permit(s)

59. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval.

60. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project.

Prior to Issuance of Building Permit(s)

61. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Provide C.D. of approved plans to the Building Division.

Prior to Beginning of Construction

62. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction.

ENGINEERING DEPARTMENT
General

63. All new submittals for plan check or permit shall be made using the City’s online Citizen Self-Service Portal (CSSP).

64. All plans shall be prepared by a Registered Civil Engineer using the City’s standard title block.

65. All required soils, geology, hydrology and hydraulic and seismic reports shall be prepared by a Registered Civil Engineer.

66. All slopes and landscaping within the public right-of-way shall be maintained by the property owner, owner’s association, firms contracted by the property owner’s association, or another Conditions of Approval PC: April 4, 2023
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maintenance entity approved by the City Council.

67. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way shall be owned and maintained by the property owner or its designee in accordance with the CC&Rs.

68. In accordance with the City’s Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR&R, Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated both during cleaning, demolition, clear and grubbing or all other phases of construction and during occupancy.

69. Applicant shall submit a detailed hydrology and hydraulic study for review for the sufficient containment and conveyance of the storm water to a safe and adequate point as approved by the City Engineer.

70. The site will accommodate all construction activity, building activity, vehicles, etc. No staging on public streets, or private property belonging to others shall be conducted without the written permission of the property owner.

71. Minimum good housekeeping and erosion and sediment control Best Management Practices (BMPs) as identified by the City shall be implemented.

FEES

72. Applicant or designee shall pay all applicable permit application and Engineering assessed fees, including without limitation plan check and construction inspection fees, at the prevalent rate at time of payment in full.

73. Applicant or designee shall pay all applicable Mitigation and Development Impact Fees at the prevalent rate at time of payment in full. Fees are subject to change. Mitigation and Development Impact Fees include without limitation:
• Master Plan of Drainage Fee – Due prior to Final Map approval or Grading Permit issuance, whichever is first.
• Traffic Infrastructure Fee (TIF) – Due prior to Building Permit issuance • Transportation Uniform Mitigation Fee (TUMF) – Due prior to Occupancy • Stephens’ Kangaroo Rat Habitat Mitigation Fee (K-Rat) – Due prior to Grading Permit issuance.

74. The project shall pay fair share fees as determined by and specified in Table 1-3 of the Traffic Analysis dated July 27, 2022. Project fair share fees for Phase 1 are due prior to issuance of a Building Permit on Phase 1. Project fair share fees for Phase 2 are due prior to issuance of a Building Permit on Phase 2.

PARCEL MAP / LAND DIVISION

75. Applicant shall submit for plan check review and approval of the Parcel Maps.

76. Any dedications and easements made by separate instruments and not on the Parcel Map shall be prepared by the developer or his agent and shall be submitted to the Engineering Department for review and approval.

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77. Applicant shall dedicate right-of-way along Central Avenue (State Route 74) adjacent to the property frontage for a minimum total right-of-way of 67 feet from centerline to the project property line. Central Avenue is classified as an Augmented Urban Arterial Highway in the City’s General Plan Circulation Element, where full-width is 134 feet and curb-to-curb width is 110 feet.

78. Applicant shall dedicate right-of-way along Cambern Avenue adjacent to the property frontage for a total right-of-way of 45 feet from centerline to the project property line.

Cambern Avenue is classified as a Secondary Highway in the City’s General Plan Circulation Element, where full-width is 90 feet and curb-to-curb width is 70 feet.

79. Underground water rights shall be dedicated to the City pursuant to the provisions of Section

16.52.030 in the Lake Elsinore Municipal Code (LEMC), and consistent with the City’s agreement with the Elsinore Valley Municipal Water District.

80. Right-of-way and easement dedications to the City as required in these Conditions of Approval shall be made on the Parcel Maps.

81. Prior to scheduling City Council approval of the Parcel Maps, the applicant shall, in accordance with Government Code, have constructed the applicableimprovements or have the applicable improvement plans submitted and approved, agreements executed, and securities posted.

82. Monumentation shall be in accordance with LEMC Section 16.32 and Subdivision Map Act.

83. Security and inspection fee for monumentation shall be paid and two contiguous monuments shall be inspected prior to scheduling City Council approval of Parcel Map.

84. Covenants, Conditions and Restrictions (CC&Rs) shall be submitted to the City for review approval. Recordation shall be prior to or at the time of recordation of the Parcel Map(s).

STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES
Design

85. The project is responsible for complying with the Santa Ana Region National Pollutant Discharge Elimination System (NPDES) Permits as warranted based on the nature of development and/or activity. These permits include:
• General Permit – Construction
• De Minimis Discharges
• MS4

86. The 2010 SAR MS4 Permit requires evaluation of the site for implementation of LID Principles and LID Site Design, where feasible, to treat the pollutants of concern identified for the project (Section XXII.E.2, XII.E3, and XII.E.7).

87. A Final Water Quality Management Plan (WQMP) shall be prepared using the Santa Ana Region of Riverside County Guidance Document and approved template and submitted for review and approval to the City.

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• Phase 1 Final WQMP shall be approved with the rough grading plan approval, scheduling City Council approval of Parcel Map 38195, or issuance of any permit for construction, whichever is first.
• Phase 2 Final WQMP shall be approved with the rough grading plan approval, scheduling City Council approval of Parcel Map 38281, or issuance of any permit for construction, whichever is first.
• Prior to any revision or modification to the approved Final WQMP, the applicant must notify the City Engineering Department. Upon City acceptance of revisions, a Final WQMP shall be submitted, reviewed and approved prior to issuance of any subsequent permits.

88. The Final WQMP shall document the following:
• Detailed site and project description.
• Potential stormwater pollutants.
• Post-development drainage characteristics.
• Low Impact Development (LID) BMP selection and analysis. • Structural and non-structural source control BMPs.
• Treatment Control BMPs.
• Site design and drainage plan (BMP Exhibit).
• Documentation of how vector issues are addressed in the BMP design, operation and maintenance.
• GIS Decimal Minute Longitude and Latitude coordinates for all LID and Treatment Control BMP locations.
• Hydraulic Conditions of Concern (HCOC) – demonstrate that discharge flow rates, velocities, duration and volume for the post construction condition from a 2-year, 24- hour rainfall event will not cause adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts downstream public facilities and water bodies. Evaluation documentation shall include pre- and post-development hydrograph volumes, time of concentration and peak discharge velocities, construction of sediment budgets, and a sediment transport analysis. If HCOC applies, the project shall implement measures to limit disturbance of natural water bodies and drainage systems; conserve natural areas; protect slopes and channels; and minimize significant impacts from urban runoff. (Note the facilities may need to be larger due to flood mitigation for the 10-year, 6- and 24-hour rain events). • Operations and Maintenance (O&M) Plan and Agreement (using City approved form and/or CC&Rs) as well as documentation of formation of funding district for long term maintenance costs or in accordance with the CC&Rs.

89. Parking lot landscaping areas shall be designed to provide for treatment, retention or infiltration of runoff to the maximum extent feasible.

90. Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape to the maximum extent feasible.

91. Project trash enclosure shall be covered, bermed, and designed to divert drainage from adjoining paved areas and regularly maintained.

92. If CEQA identifies resources requiring Clean Water Act Section 401 Permitting, the applicant shall obtain certification through the Santa Ana Regional Water Quality Control Board and provide a copy to the Engineering Department.

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93. All storm drain inlet facilities shall be appropriately marked “Only Rain in the Storm Drain” using the City authorized marker.

94. The project shall use either volume-based and/or flow-based criteria for sizing BMPs in accordance with NPDES Permit Provision XII.D.4.

95. The project site shall implement full trash capture methods/devices approved by the Region Water Quality Control Board.

96. All vehicle/equipment washing/steam cleaning areas must be self-contained and/or covered, equipped with a clarifier or other pretreatment facility, and properly connected to a sanitary sewer or other appropriately permitted disposal facility. Plan Requirements: The Owner/Applicant shall incorporate vehicle/equipment wash requirements into project design and depict on plans, including detail plans as needed.

97. All restaurants and commercial food handling facilities must provide an area for the washing/steam cleaning of equipment and accessories. The area must be self-contained, equipped with a grease trap, and properly connected to a sanitary sewer. If the wash area is located outdoors, it must be covered, paved have secondary containment, and be connected to the sanitary sewer or other appropriately permitted disposal facility. Plan Requirements: The Owner/Applicant shall incorporate these food facility requirements into project design and depict on plans, including detail plans as needed.

Construction

98. A Storm Water Pollution Prevention Plan (SWPPP) (as required by the NPDES General Construction Permit) and compliance with the Green Building Code for sediment and erosion control are required for this project.

99. Prior to grading or building permit for construction or demolition and/or weed abatement activity, projects subject to coverage under the NPDES General Construction Permit shall demonstrate that compliance with the permit has been obtained by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing to the satisfaction of the City Engineer. A copy of the SWPPP shall be kept at the project site, updated, and be available for review upon request. 100. Erosion & Sediment Control – Prior to the issuance of any grading or building permit for construction or demolition, the applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment Control Plan as a separate sheet of the grading plan submittal to demonstrate compliance with the City’s NPDES Program and state water quality regulations for grading and construction activities. A copy of the plan shall be incorporated into the SWPPP, kept updated as needed to address changing circumstances of the project site, be kept at the project site, and available for review upon request. 101. Chemical Management – Prior to issuance of building permits for any tank or pipeline, the uses of said tank or pipeline shall be identified and the developer shall submit a Chemical Management Plan in addition to a WQMP with all appropriate measures for chemical management (including, but not limited to, storage, emergency response, employee training, spill contingencies and disposal) in a manner meeting the satisfaction of the Conditions of Approval PC: April 4, 2023
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Manager, Permit Intake, in consultation with the Riverside County Fire Department and wastewater agencies, as appropriate, to ensure implementation of each agency’s respective requirements. A copy of the approved “Chemical Management Plans” shall be furnished to the Fire Marshall, prior to the issuance of any Certificates of Use and Occupancy.

Post-Construction
102. Prior to the issuance of a certificate of use and/or occupancy, the applicant or designee shall demonstrate compliance with applicable NPDES permits for construction, industrial/commercial, MS4, etc. to include:
• Demonstrate that the project has complied with all non-structural BMPs described in the project’s WQMP.
• Provide signed, notarized certification from the Engineer of Work that the structural BMPs identified in the project’s WQMP are installed in conformance with approved plans and specifications and operational.
• Submit a copy of the fully executed, recorded City approved Operations and Maintenance (O&M) Plan and Agreement for all structural BMPs or a copy of the recorded City approved CC&R.
• The Operation and Maintenance (O&M) Plan and Agreement and/or CC&R’s shall: (1) describe the long-term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identify the entity that will be responsible for long-term operation and maintenance of the referenced BMPs; (3) describe the mechanism for funding the long-term operation and maintenance of the referenced BMPs; and (4) provide for annual certification for water quality facilities by a Registered Civil Engineer. The City format shall be used.
• Provide documentation of formation of or annexation into a CFD for funding facilities to be maintained by the City or other funding mechanism as approved by the City. • Demonstrate that copies of the project’s approved WQMP (with recorded O&M Plan or CC&R’s attached) are available for each of the initial occupants. • Agree to pay for a Special Investigation from the City of Lake Elsinore for a date twelve (12) months after the issuance of a Certificate of Use and/or Occupancy for the project to verify compliance with the approved WQMP and O&M Plan. A signed/sealed certification from the Engineer of Work dated 12 months after the Certificate of Occupancy will be considered in lieu of a Special Investigation by the City. • Provide the City with a digital .pdf copy of the Final WQMP.

UTILITIES
103. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the applicant, property owner, and/or his agent.

Overhead utilities (34.5 kV or lower) shall be undergrounded (LEMC Section 16.64). 104. Underground water rights shall be dedicated to the City pursuant to the provisions of LEMC Section 16.52.030, and consistent with the City’s agreement with the Elsinore Valley Municipal Water District. Dedication shall be made on the Parcel Map. 105. Applicant shall apply for, obtain, and submit to the City Engineering Department a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities. Non-Interference Letter (NIL) shall be provided prior to issuance of Grading Permit.

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106. Submit a “Will Serve” letter to the City Engineering Department from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure, volume, etc. Will Serve letters shall be provided prior to issuance of Grading Permit.

IMPROVEMENTS
107. Applicant shall implement traffic mitigation measures identified in the Traffic Analysis by Urban Crossroads dated July 27, 2022, as specified in Section 1.6 and Table 1-3 of the study to the satisfaction of the City Engineer. All street improvements shall be implemented as part of the first phase of the project. Improvements include but are not limited to:
• Cambern Avenue & Central Avenue (State Route 74)
i. Modify to accommodate a minimum of 190 feet of storage for the northbound left turn lane.
ii. Restripe the existing lanes to accommodate a 2nd northbound left turn lane and single through lane.
iii. Construct a northbound right turn lane.
iv. Modify the existing traffic signal to accommodate improvements. • Central Avenue (State Route 74) & Project Driveway 4
i. Install stop control on the northbound approach and construct a right turn lane (project driveway). Project shall prohibit left turn access at Driveway 4 by implementing necessary signage and striping.
ii. Construct an eastbound right turn pocket with a minimum of 100 feet of storage. • Cambern Avenue & Project Driveway 1
i. Accommodate two (2) northbound through lanes and a northbound right turn lane. ii. Install a stop control on the westbound approach and construct westbound right turn lane (project driveway).
iii. Construct a raised median along Cambern Avenue to prohibit left turn access at Driveway 1.
• Central Avenue (State Route 74) & Project Driveway 5
i. Install a stop control on the northbound approach and construct a right turn lane (project driveway). Project shall prohibit egress left turn access by implementing necessary signage and striping at driveway location.
ii. Construct eastbound right turn lane.
iii. Construct westbound left turn lane with a minimum of 100 feet of storage. • Construction of ultimate half-width street improvements along the property frontage on Central Avenue (minimum 67 foot half-width). Improvements include but are not limited to new AC pavement and base material, curb, gutter, sidewalk, parking landscaping, and street lights.
• Construction of ultimate half-width street improvements along the property frontage on Cambern Avenue (minimum 45 foot half width) between Central Avenue and southern boundary of Phase 1. Improvements include but are not limited to new AC pavement and base material, curb, gutter, sidewalk, parkway landscaping, and street lights. The roadway Conditions of Approval PC: April 4, 2023
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shall include a minimum of two travel lanes in each direction and striping for left-turn storage.
• Cambern Avenue & Project Driveway 2
i. Install stop control on the westbound approach and construct a left turn lane and right turn lane (project driveway).
ii. Construct a northbound right turn lane.
iii. Construct a southbound left turn lane with minimum of 75 feet of storage. • Cambern Avenue & Project Driveway 3
i. Install stop control on the westbound approach and construct a right turn lane (project driveway). Driveway shall be striped and signed to restrict access to right-in/right-out access only.
• Construction of ultimate half-width street improvements along the property frontage on Cambern Avenue (minimum 45 foot half-width) between boundary of Phase 2.

Improvements include are not limited to new AC pavement and base material along with curb, gutter, sidewalk, parkway landscaping, and street lights. The roadway shall include minimum of two travel lanes in each direction and striping for left-turn storage. 108. Sight distance into and out at each project driveway shall comply with City or Caltrans standards. Project shall ensure facilities are installed in the line of sight of drivers. 109. 10-year storm runoff shall be contained within the curb and the 100-year storm runoff shall be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities shall be provided.
110. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. All public storm drain improvements shall be constructed as part of the first phase of the project.
111. A drainage study shall be provided. The study shall identify the following: identify storm water runoff from and upstream of the site; show existing and proposed off-site and on-site drainage facilities; and include a capacity analysis verifying the adequacy of the facilities.

The drainage system shall be designed to ensure that runoff from a 10-year storm of 6 hours and 24 hours duration under developed condition is equal or less than the runoff under existing conditions of the same storm frequency. Both 6-hour and 24-hour storm duration shall be analyzed to determine the detention.
112. All storm drain facilities conveying off-site flows shall be constructed as part of the first phase of the project. If the project proposes to phase out the improvement of facilities conveying off-site flows, the project must demonstrate that natural drainage pathways are no impacted.

Approval from the City, Riverside County Flood Control, or applicable agency shall be obtained.
113. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. All off-site drainage, if different from historic flow, shall be conveyed to a public facility. 114. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area to the maximum extent feasible.

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115. The site shall be planned and developed to keep surface water from entering buildings (California Green Building Standards Code 4.106.3).
116. All existing storm drain inlet facilities adjacent to the subject properties shall be retrofitted with a storm drain filter; all new storm drain inlet facilities constructed by this project shall include a storm drain filter.
117. A California Registered Civil Engineer shall prepare the improvement, signing and striping and traffic signal plans required for this project. Improvements shall be designed and constructed to City Standards and Codes (LEMC 12.04 and 16.34). 118. If existing improvements are to be modified, the existing improvement plans on file shall be revised accordingly and approved by the City Engineer prior to issuance of a building permit. 119. Project will be responsible to design and install streetlights along the property’s frontage.

Streetlight system shall be designed as LS-2B system. Streetlight plans shall include but not limited to details such as location, pole and luminaire type, and pull box design.

Streetlight plans may be included as part of the Street Improvement Plans. 120. Project shall coordinate with Riverside Transit Authority (RTA) for location and installation of bus transit facilities. Required bus stop improvements and/or relocation shall be shown on plans submitted for project grading and development. Improvements are subject to review and approval by the RTA. Improvements shall be installed prior to first occupancy.

Permitting/Construction
121. An Encroachment Permit shall be obtained prior to any work on City right-of-way. The developer shall submit the permit application, required fees, and executed agreements, security and other required documentation prior to issuance. 122. An Encroachment Permit from Riverside County shall be obtained prior to any work within Riverside County right-of-way or connections to Riverside County Flood Control facilities.

Permit shall be obtained prior to issuance of applicable City permits. 123. All compaction reports, grade certification, monument certification (with tie notes delineated on 8 ½ X 11” Mylar) shall be submitted to the Engineering Department before final inspection of public works improvements will be scheduled and approved.

PRIOR TO GRADING PERMIT
Design
124. A grading plan signed and stamped by a California Registered Civil Engineer shall be submitted for City review and approval for all addition and/or movement of soil (grading) on site. The plan shall include separate sheets for erosion control, haul route and traffic control.

The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and design manual. 125. All grading plan contours shall extend to minimum of 50 feet beyond property lines to Conditions of Approval PC: April 4, 2023
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indicate existing drainage pattern.
126. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 127. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and/or topography shall be in compliance with Federal, State and Local law and be approved by the City Engineer.
128. A seismic study shall be performed on the site to identify any hidden earthquake faults, liquefaction and/or subsidence zones present on-site. A certified letter from a registered geologist or geotechnical engineer shall be submitted confirming the absence of this hazard prior to grading permit. If applicable, the location of faults, active or inactive shall be shown on the plan sets.
129. The applicant shall obtain all necessary off-site easements and/or permits for off-site grading and the applicant shall accept drainage from the adjacent property owners. 130. Applicant shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage.
131. All natural drainage traversing the site (historic flow) shall be conveyed through the site in a manner consistent with the historic flow or to one or a combination of the following: to a public facility; accepted by adjacent property owners by a letter of drainage acceptance; or conveyed to a drainage easement as approved by the City Engineer.

Permitting/Construction
132. Applicant shall execute and submit grading and erosion control agreement, post grading security, and pay permit fees as a condition of grading permit issuance. 133. No grading shall be performed without first having obtained a Grading Permit. A grading permit does not include the construction of retaining walls or other structures for which a Building Permit is required.
134. A preconstruction meeting with the City Engineering Inspector (Engineering Department) is required prior to commencement of any grading activity. 135. Prior to commencement of grading operations, Applicant or designee shall provide to the City a map of all proposed haul routes to be used for movement of export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to issuance of a grading permit. Hauling in excess of 5,000 cubic yards shall be approved by the City Council (LEMC Section 15.72.065). All required documents shall be submitted and approved prior to scheduling for City Council. 136. Import/Export sites located within the Lake Elsinore City limits must have an active grading permit.
137. Applicant or designee to provide to the City a video record of the condition of all proposed Conditions of Approval PC: April 4, 2023
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public City haul roads. In the event of damage to such roads, the applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to approval of the City Engineer. 138. All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the City.
139. Review and approval of the project sediment and erosion control plan shall be completed.

As warranted, a copy of the current SWPPP shall be kept at the project site and be available for review upon request.
140. Approval of the project Final Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a precise grading permit. 141. Applicant shall obtain applicable environmental clearance from the Planning Department and submit applicable clearance document to the Engineering Department. This approval shall specify that the project complies with any and all required environmental mitigation triggered by the proposed grading activity.

PRIOR TO BUILDING PERMIT
142. Parcel Map shall be recorded prior to issuance of first applicable building permit. 143. Provide soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. 144. Prior to issuance of certificates of use and occupancy or building permits for individual tenant improvements or construction permits for a tank or pipeline, facility uses shall be identified and, for specified uses (where the proposed improvements will store, generate or handle hazardous materials in quantities that will require permitting and inspection once operational), the applicant shall propose plans and measures for chemical management (including, but not limited to storage, emergency response, employee training, spill contingencies and disposal) to the satisfaction of the City Building Official(s). 145. All public improvement plans, traffic signal plans, signing and striping plans shall be completed and approved by the City Engineer and as specified in the Traffic Analysis dated July 27, 2022.
146. All required public right-of-way dedications and easements prepared by a separate instrument shall be prepared by the developer or his agent and shall be submitted to the Engineering Department for review and approval prior to issuance of the building permit. 147. Any dedications, vacations and easement agreement(s) not processed on the parcel map for ingress and egress through adjacent property(ies) shall be recorded andthe recorded copy provided to the City prior to issuance of theapplicable certificate of occupancy.

PRIOR TO OCCUPANCY / FINAL APPROVAL
148. All public improvements shall be completed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer prior to issuance of first Conditions of Approval PC: April 4, 2023
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occupancy.
149. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided.
150. Applicant shall provide a digital copy of the recorded Covenants, Conditions, and Restrictions (CC&Rs) to the Engineering Department.
151. As-built plans for all approved plan sets shall be submitted for review and approval by the City. The developer/owner is responsible for revising the original mylar plans. 152. In the event of the damage to City roads from hauling or other construction related activity, applicant or designee shall pay full cost of restoring public roads to the baseline condition. 153. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certification (with tie notes delineated on 8 ½ X 11” Mylar) shall be submitted in .tif format on a USB flash drive or electronically to the Engineering Department before final inspection will be scheduled.
154. All required public right-of-way dedications, easements, vacations and easement agreement(s) shall be recorded with a recorded copy provided to the City prior to first occupancy.
155. Applicant or designee shall pay all outstanding applicable processing and development fees prior to occupancy and/or final approval.
156. Applicant or designee shall submit documentation pursuant to City’s Security Release handout.
157. Applicant or designee shall submit as-built all Engineering Department approved project plan sets. After City approval of paper copy, the developer/owner is responsible for revising the original mylar plans. Once the original mylars have been approved, the developer shall provide the City with a digital copy of the “as-built” plans in .tif format. 158. Applicant or designee shall provide AutoCAD and GIS Shape files of all Street and Storm Drain plans. All data must be in projected coordinate system: NAD 83 State Plane California Zone VI U.S. Fleet. All parts and elements of the designed system shall be represented discretely. Include in the attribute table basic data for each feature, such as diameter and length, as applicable, and for pipes include material (PVC, RCP, etc.) and slope.

CITY OF LAKE ELSINORE FIRE MARSHAL
159. The applicant/operator shall comply with all requirements of the Riverside County Fire Department Lake Elsinore Office of the Fire Marshal. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Office of the Fire Marshal at 130 S. Main St., Lake Elsinore, CA 92530. Phone: (951) 671-3124 Ext. 225. 160. The applicant or developer shall provide fire hydrants in accordance with the following:
• Prior to placing any combustibles on site, provide an approved water source for firefighting purposes.

Conditions of Approval PC: April 4, 2023
PA 2021-34 CC: April 25, 2023
Applicant’s Initials: _____ Page 21 of 22
• Prior to building permit issuance, submit plans to the water district for a public fire hydrant system capable of delivering fire flow as required by the California Fire Code and Fire Department standards. Fire hydrants shall be spaced in accordance with the California Fire Code. Hydrants must produce the required fire flow per the California Fire Code. Required fire flow is estimated to be 2,750 GPM at 20 PSI for a 2-hour duration based on 2019 California Fire Code and 43,050 square foot building area with Type V-B construction.
161. To improve public safety, prior to the completion and final approval of each development phase, the developer shall provide one public fire hydrant in or accessible from the public right-of-way along Central Avenue for a minimum of two hydrants constructed in accordance with EVMWD and Fire Department standards.
162. Each development phase must comply with applicable Fire Code requirements and Fire Department standards at the time of construction independently of future development, including emergency vehicle access and firefighting water supply.

DEPARTMENT OF ADMINISTRATIVE SERVICES
Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services)
163. Prior to approval of the first certificate of occupancy (as applicable), the applicant shall annex into the Community Facilities District No. 2015-2 (Maintenance Services) or current Community Facilities District in place at the time of annexation to fund the on-going operation and maintenance of the public right-of-way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison, including parkways, street maintenance, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Maintenance Services. Applicant shall make a non-refundable deposit of $15,000 or at the current rate in place at the time of annexation toward the cost of annexation, formation or other mitigation process, as applicable.

MITIGATION MONITORING AND REPORTING PROGRAM
164. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring & Reporting Program for the Mitigated Negative Declaration (Environmental Review No. 2021-05; SCH # 2022090133) prepared for the Project.

Conditions of Approval PC: April 4, 2023
PA 2021-34 CC: April 25, 2023
Applicant’s Initials: _____ Page 22 of 22
I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above named project and do hereby agree to accept and abide by all Conditions of Approval as approved by the City Council of the City of Lake Elsinore on _________. I also acknowledge that all Conditions shall be met as indicated.

Date:

Applicant’s Signature:

Print Name:

Address:

Phone Number:

EVERGREEN COMMERCIAL DEVELOPMENT PROJECT
Planning Application No. 2021-34
Tentative Parcel Map (TPM) Nos. 38195 and 38281
Conditional Use Permit (CUP) Nos. 2021-09, 2021-10, 2021-11, 2021-12 Commercial Design Review (CDR) No. 2021-17
Public Convenience & Necessity (PCN) Nos. 2021-01 and 2021-02 Uniform Sign Program (SIGN) No. 2021-35
ENVIRONMENTAL REVIEW NO. 2021-05
(INITIAL STUDY/MITIGATED NEGATIVE DECLARATION)
Prepared By:

CITY OF LAKE ELSINORE
130 South Main Street
Lake Elsinore, CA 92530
Applicant:

EVERGREEN DEVCO, INC
2390 E. CAMELBACK ROAD, SUITE 410
PHOENIX, AZ 85106
Environmental Consultant:

Sagecrest Planning+Environmental
27128 Paseo Espada, Suite #1524
San Juan Capistrano, CA 92675
September 2022

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Initial Study/Mitigated Negative Declaration
Table of Contents
I. INTRODUCTION..........................................................................................................................4 A. PURPOSE ........................................................................................................................ 4 B. CALIFORNIA ENVIRONMENTAL QUALITY ACT .................................................................. 4 C. INTENDED USES OF INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION................ 5 D. CONTENTS OF INITIAL STUDY .......................................................................................... 5 E. SCOPE OF ENVIRONMENTAL ANALYSIS ............................................................................ 6 F. TIERED DOCUMENTS, INCORPORATION BY REFERENCE, AND TECHNICAL STUDIES .......... 7 II. PROJECT DESCRIPTION............................................................................................................11 A. PROJECT LOCATION AND SETTING ................................................................................. 11 B. PROJECT DESCRIPTION................................................................................................... 12 III. ENVIRONMENTAL CHECKLIST.................................................................................................29 A. BACKGROUND ............................................................................................................... 29 B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED .................................................... 31 C. DETERMINATION ........................................................................................................... 31 D. INITIAL STUDY CHECKLIST.............................................................................................. 32 IV. ENVIRONMENTAL ANALYSIS ..................................................................................................40 I. AESTHETICS.......................................................................................................... 40 II. AGRICULTURE AND FORESTRY RESOURCES .......................................................... 45 III. AIR QUALITY......................................................................................................... 48 IV. BIOLOGICAL RESOURCES ...................................................................................... 57 V. CULTURAL RESOURCES......................................................................................... 64 VI. ENERGY................................................................................................................ 73 VII. GEOLOGY AND SOILS............................................................................................ 80 VIII. GREENHOUSE GAS EMISSIONS ............................................................................. 86 IX. HAZARDS AND HAZARDOUS MATERIALS.............................................................. 91 X. HYDROLOGY AND WATER QUALITY...................................................................... 97 XI. LAND USE AND PLANNING ................................................................................. 105 XII. MINERAL RESOURCES......................................................................................... 107 XIII. NOISE................................................................................................................. 109 XIV POPULATION AND HOUSING.............................................................................. 117 XV. PUBLIC SERVICES................................................................................................ 119 XVI. RECREATION ...................................................................................................... 123 XVII. TRANSPORTATION ............................................................................................. 125 XVIII. TRIBAL CULTURAL RESOURCES ........................................................................... 138 XIX. UTILITIES AND SERVICE SYSTEMS ....................................................................... 142 XX. WILDFIRE ................................................................................................................... 146 XXI. MANDATORY FINDINGS OF SIGNIFICANCE................................................................ 149 V. PERSONS AND ORGANIZATIONS CONSULTED.......................................................................152 VI. REFERENCES.........................................................................................................................153 2 | Page

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Figures
Figure 1: Regional Location Map.................................................................................................17 Figure 2: Site Location – Aerial View...........................................................................................18 Figure 3: Site Location – USGS Map ............................................................................................19 Figure 4: General Plan Land Use and Site Zoning ........................................................................20 Figure 5: Site Plan Schematic ......................................................................................................22 Figure 6: Site Phasing ..................................................................................................................23 Figure 7: Tentative Parcel Map No. 38195 (Phase 1) ..................................................................24 Figure 8: Tentative Parcel Map No. 38281 (Phase 2) ..................................................................25 Figure 9: Landscape Plan.............................................................................................................26 Figure 10: Utility Plan..................................................................................................................27 Figure 11: Photometric Plan........................................................................................................28 Figure 12: Noise Contours.........................................................................................................116 Tables
Table 1 – Lot Summary................................................................................................................12 Table 2 – Development Summary
Table 13 – Existing Plus Ambient Growth Plus Project Plus Cumulative (EPAC) Conditions With ...............................................................................................14 Table 3 - Regional Significance – Unmitigated Construction Emissions (pounds/day) ................52 Table 4 – Estimated Annual Unmitigated Operational Emissions (pounds/day) .........................53 Table 5 – Project Construction Energy Consumption..................................................................75 Table 6 – Project Operational Energy Consumption Summary ...................................................76 Table 7 – Proposed Project Compliance with Applicable General Plan Energy Policies ..............79 Table 8 – Climate Action Plan Consistency Analysis....................................................................89 Table 9 – Operational Noise Levels Off-Site Land Uses.............................................................111 Table 10 – Operational Noise Levels Off-Site Land Uses with Recommendations ....................112 Table 11 – Level of Service Descriptors.....................................................................................128 Table 12 – Existing and Proposed Levels of Service...................................................................132 Improvements...........................................................................................................................133 Table 14 - Project Fair Share Calculations.................................................................................134 3 | Page

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I. INTRODUCTION
A. PURPOSE
This document is an Initial Study for evaluation of environmental impacts resulting from implementation of Evergreen Commercial Development Project or Planning Application (PA) No. 2021-34, which consists of Tentative Parcel Map (TPM) No. 38195, TPM No. 38281, a Conditional Use Permit (CUP) No. 2021-09, CUP No. 2021-10, CUP No. 2021-11, CUP No. 2021- 12, a Commercial Design Review (CDR) No. 2021-17, Public Convenience & Necessity (PCN) No. 2021-01, PCN No. 2021-02, and Uniform Sign Program (SIGN) No. 2021-35. For purposes of this document, this application will be called the “Proposed Project.” B. CALIFORNIA ENVIRONMENTAL QUALITY ACT
As defined by Section 15063 of the California Environmental Quality Act (CEQA) Guidelines, an Initial Study is prepared primarily to provide the Lead Agency with information to use as the basis for determining whether an Environmental Impact Report (EIR), Negative Declaration, or Mitigated Negative Declaration would be appropriate for providing the necessary environmental documentation and clearance for any proposed project.

According to CEQA Guidelines Section 15065, an EIR is deemed appropriate for a particular proposal if the following conditions occur:
• The proposal has the potential to substantially degrade quality of the environment. • The proposal has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals.
• The proposal has possible environmental effects which are individually limited but cumulatively considerable.
• The proposal could cause direct or indirect adverse effects on human beings.

According to Section 21080(c)(1) of CEQA and Section 15070(a) of the CEQA Guidelines, a Negative Declaration can be adopted if it can be determined that the project will not have a significant effect on the environment.

According to Section 21080(c)(2) of CEQA and Section 15070(b) of the CEQA Guidelines, a Mitigated Negative Declaration can be adopted if it is determined that although the Initial Study identifies that the project may have potentially significant effects on the environment, revisions in the project plans and/or mitigation measures, which would avoid or mitigate the effects to below the level of significance, have been made or agreed to by the applicant. 4 | Page

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This Initial Study has determined that the Proposed Project may result in potentially significant environmental effects but that said effects can be reduced to below the level of significance through the implementation of mitigation measures and therefore, a Mitigated Negative Declaration is deemed the appropriate document to provide the necessary environmental evaluations and clearance.

This Initial Study and Mitigated Negative Declaration are prepared in conformance with the California Environmental Quality Act of 1970, as amended (Public Resources Code, Section 21000 et seq.); the State Guidelines for Implementation of the California Environmental Quality Act (“CEQA Guidelines”), as amended (California Code of Regulations, Title 14, Chapter 3, Section 15000, et. seq.); applicable requirements of the City of Lake Elsinore; and the regulations, requirements, and procedures of any other responsible public agency or agency with jurisdiction by law.

The City of Lake Elsinore City Council is designated the Lead Agency, in accordance with Section 15050 of the CEQA Guidelines. The Lead Agency is the public agency which has the principal responsibility for carrying out or approving a project which may have significant effects upon the environment.

C. INTENDED USES OF INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION This Initial Study and Mitigated Negative Declaration are informational documents which are intended to inform the City of Lake Elsinore decision-makers, other responsible or interested agencies, and the general public of the potential environmental effects of the Proposed Project. The environmental review process has been established to enable public agencies to evaluate environmental consequences and to examine and implement methods of eliminating or reducing any potentially adverse impacts. While CEQA requires that consideration be given to avoiding environmental damage, the Lead Agency and other responsible agencies must balance adverse environmental effects against other public objectives, including economic and social goals (CEQA Guidelines Section 15021).

The City of Lake Elsinore City Council, as Lead Agency, has determined that environmental clearance for the Proposed Project can be provided with a Mitigated Negative Declaration.

The Initial Study and Notice of Availability and Intent to Adopt prepared for the Mitigated Negative Declaration will be circulated for a period of 30 days for public and agency review.

Comments received on the document will be considered by the Lead Agency before it acts on the Proposed Project.

D. CONTENTS OF INITIAL STUDY
This Initial Study is organized to facilitate a basic understanding of the existing setting and environmental implications of the Proposed Project.
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I. INTRODUCTION presents an introduction to the entire report. This section identifies City of Lake Elsinore contact persons involved in the process, scope of environmental review, environmental procedures, and incorporation by reference documents.

II. PROJECT DESCRIPTION describes the Proposed Project. A description of discretionary approvals and permits required for project implementation is also included.

III. ENVIRONMENTAL CHECKLIST FORM contains the City’s Environmental Checklist Form.

The checklist form presents results of the environmental evaluation for the Proposed Project and those areas that would have either a potentially significant impact, a less than significant impact with mitigation incorporated, a less than significant impact, or no impact.

IV. ENVIRONMENTAL ANALYSIS provides the background analysis supporting each response provided in the environmental checklist form. Each response checked in the checklist form is discussed and supported with sufficient data and analysis. As appropriate, each response discussion describes and identifies specific impacts anticipated with project implementation.

In this section, mitigation measures are also set forth, as appropriate, that would reduce potentially significant adverse impacts to levels of less than significance.

V. MANDATORY FINDINGS presents the background analysis supporting each response provided in the environmental checklist form for the Mandatory Findings of Significance set forth in Section 21083(b) of CEQA and Section 15065 of the CEQA Guidelines.

VI. PERSONS AND ORGANIZATIONS CONSULTED identifies those individuals consulted and involved in the preparation of this Initial Study and Mitigated Negative Declaration.

VII. REFERENCES lists bibliographical materials used in preparation of this document.

E. SCOPE OF ENVIRONMENTAL ANALYSIS
For evaluation of environmental impacts, each question from the Environmental Checklist Form is stated and responses are provided according to the analysis undertaken as part of the Initial Study. All responses will consider the whole action involved, including offsite as well as onsite, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. Project impacts and effects will be evaluated and quantified, when appropriate. To each question, there are four responses, including:

1. No Impact: A “No Impact” response is supported if the referenced sources show that the impact simply does not apply to the Proposed Project.

2. Less Than Significant Impact: Development associated with project implementation will 6 | Page

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have the potential to impact the environment. These impacts, however, will be less than the levels of thresholds that are considered significant and no additional analysis is required.

3. Less Than Significant With Mitigation Incorporated: This applies where incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The Lead Agency must describe the mitigation measures and explain how the measures reduce the effect to a less than significant level.

4. Potentially Significant Impact: Future implementation will have impacts that are considered significant and additional analysis and an EIR may be required to identify mitigation measures that could reduce these impacts to less than significant levels.

F. TIERED DOCUMENTS, INCORPORATION BY REFERENCE, AND TECHNICAL STUDIES Information, findings, and conclusions contained in this document are based on the incorporation by reference of tiered documentation and technical studies that have been prepared for the Proposed Project which are discussed in the following section.

Tiered Documents
As permitted in Section 15152(a) of the CEQA Guidelines, information and discussions from other documents can be included into this document. Tiering is defined as follows:
“Tiering refers to using the analysis of general matters contained in a broader EIR (such as the one prepared for a general plan or policy statement) with later EIRs and negative declarations on narrower projects; incorporating by reference the general discussions from the broader EIR; and concentrating the later EIR or negative declaration solely on the issues specific to the later project.”
For this document, the “Lake Elsinore General Plan Final EIR” (prepared in 1990) serves as the broader document, since it analyzes the entire City area, which includes the Project Site.

However, as discussed, site-specific impacts, which the broader document (Lake Elsinore General Plan Final EIR) cannot adequately address, may occur for certain issue areas. This document, therefore, evaluates each environmental issue alone and will rely upon the analysis contained within the Lake Elsinore General Plan Final EIR with respect to remaining issue areas.

Tiering also allows this document to comply with Section 15152(b) of the CEQA Guidelines, which discourages redundant analyses, as follows:
“Agencies are encouraged to tier the environmental analyses which they prepare for separate but related projects including the general plans, zoning changes, and 7 | Page

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development projects. This approach can eliminate repetitive discussion of the same issues and focus the later EIR or negative declaration on the actual issues ripe for decision at each level of environmental review. Tiering is appropriate when the sequence of analysis is from an EIR prepared for a general plan, policy, or program to an EIR or negative declaration for another plan, policy, or program of lesser scope, or to a site-specific EIR or negative declaration.”
Further, Section 15152(d) of the CEQA Guidelines states:
“Where an EIR has been prepared and certified for a program, plan, policy, or ordinance consistent with the requirements of this section, any lead agency for a later project pursuant to or consistent with the program, plan, policy, or ordinance should limit the EIR or negative declaration on the later project to effects which:
(1) Were not examined as significant effects on the environment in the prior EIR; or (2) Are susceptible to substantial reduction or avoidance by the choice of specific revisions in the project, by the imposition of conditions or other means.” Incorporation by Reference
Incorporation by reference is a procedure for reducing the size of EIRs and is most appropriate for including long, descriptive, or technical materials that provide general background information, but do not contribute directly to the specific analysis of the project itself. This procedure is particularly useful when an EIR or Negative Declaration relies on a broadly drafted EIR for its evaluation of cumulative impacts of related projects (Las Virgenes Homeowners Federation v. County of Los Angeles [1986, 177 Ca.3d 300]). This document incorporates by reference the document from which it is tiered, the Lake Elsinore General Plan Final Environmental Impact Report, published in 2011. This document is referred to as the “General Plan EIR.”
When an EIR or Negative Declaration incorporates a document by reference, the incorporation must comply with Section 15150 of the CEQA Guidelines as follows:

The incorporated document must be available to the public or be a matter of public record (CEQA Guidelines Section 15150[a]). The General Plan EIR shall be made available, along with this document, at the City of Lake Elsinore, Community Development Department, 130 South Main Street, Lake Elsinore, CA 92530, ph. (951) 674-3124.

This document must be available for inspection by the public at an office of the lead agency (CEQA Guidelines Section 15150[b]). This document is available at the City of Lake Elsinore, 8 | Page

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Community Development Department, 130 South Main Street, Lake Elsinore, CA 92530, ph. (951) 674-3124.

This document must summarize the portion of the document being incorporated by reference or briefly describe the information that cannot be summarized. Furthermore, this document must describe the relationship between the incorporated information and the analysis in the General Plan EIR (CEQA Guidelines Section 15150[c]). As discussed above, the General Plan EIR addresses the entire City of Lake Elsinore and provides background and inventory information and data which apply to the Project Site. Incorporated information and/or data is cited in the appropriate sections.

This document must include the State identification number of the incorporated document (CEQA Guidelines Section 15150[d]). The State Clearinghouse Number for the General Plan EIR is 91122065.

The material to be incorporated in this document will include general background information (CEQA Guidelines Section 15150[f]).

Technical Studies
Appendix A – Air Quality and Greenhouse Gas Assessment, Proposed Commercial Development SE Corner of Cambern Ave and Central Ave, Lake Elsinore, Salem Engineering Group, May 20, 2022 Appendix B – Evergreen Commercial Development Project – Biological Resources Technical Report, ESA, July 2022
Appendix B-1 - Evergreen Commercial Development Project – Aquatic Resources Delineation Report, ESA, August 2022
Appendix C – Cultural Resources Assessment for the Evergreen Commercial Project, Riverside County, California, Paleowest Archaeology, June 2022
Appendix D – Evergreen Development Energy Assessment, JK Consulting Group, December 21, 2021
Appendix E – Geotechnical Engineering Investigation with Geologic Hazard Study, Salem Engineering Group, Inc., April 22, 2021
Appendix F - Phase I Environmental Site Assessment Report, Proposed Commercial Development, East Corner of Central Avenue and Cambern Avenue, Lake Elsinore, California 92530, Salem Engineering Group, March 11,2022
Appendix F-1 – Geophysical Investigation Report, Proposed Commercial Development, NEC Central Avenue and Cambern Avenue, Lake Elsinore, California, Salem Engineering Group, May 9 | Page

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Appendix G –Preliminary Water Quality Management Plan, Evergreen Development – Cambern & Central, DRC Engineering Inc., July 26, 2022
Appendix G-1 – Preliminary Hydrology Study, Evergreen Development – Cambern & Central, DRC Engineering, Inc., December 17, 2021
Appendix H – Noise and Vibration Study, Salem Engineering Group, Inc., May 16, 2022 Appendix I – Traffic Analysis, Central & Cambern Retail, Urban Crossroads, July 27, 2022 Appendix J – Will Serve Letter, Elsinore Valley Municipal Water District, December 10, 2021 10 | Page

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II. PROJECT DESCRIPTION
A. PROJECT LOCATION AND SETTING
The Proposed Project is in the City of Lake Elsinore (City); in the western portion of Riverside County, California (Figure 1 - Regional Vicinity Map and Figure 2 - Site Location – Aerial View).

The Project Site is within the United States Geological Survey (USGS) “Lake Elsinore, California”

7.5-minute quadrangle (1977, Figure 3 - Site Location – USGS Map) and located in the central portion of the City, south of Central Avenue/State Route 74 (SR-74) and east of Interstate 15 (I15). The Project Site consists of five existing parcels (APN 377-020-014, 377-020-016, 377-020- 017, 377-020-018, and 377-020-019) totaling approximately 8.863 gross acres in size. The Project Site has a General Plan Land Use Designation of General Commercial (GC) and a zoning designation of General Commercial (C-2).

The Project Site is currently vacant, undeveloped land. The Project Site is gently sloping to the south with elevation ranging from 1,333 to 1,313 feet above mean sea level based on Google Earth imagery. The east corner and southeast side of the Project Site consists of a portion of an existing natural drainage course that conveys stormwater from the Third Street Channel Watershed, which lays within the Santa Ana River Basin. The site has sparse vegetation, consisting of grass field with a concentration of trees and shrubbery along the existing natural drainage course.

The Project Site is bounded to the north by Central Avenue/SR-74 and undeveloped land designated as General Commercial (C-2) beyond, to the east by single-family residential properties zoned Residential Estate (R-E), to the south by residential properties zoned Medium Density Residential (R-2) and vacant land zoned High Density Residential (R-3) and to the west by Cambern Avenue and commercial properties zoned General Commercial (C-2) beyond. Vehicular Access to the Project Site would be immediately taken from Central Avenue and Cambern Avenue. The Project Site can be accessed from the I-15 freeway, via Central Avenue/SR-74.

Existing Site General Plan and Zoning Designation
The General Plan Land Use Designation of the Project Site is General Commercial (GC) and is zoned General Commercial (C-2) (Figure 4 – General Plan Land Use and Site Zoning). The GC designation provides for retail, services, restaurants, professional and administrative offices, hotels and motels, mixed-use projects, public and quasi-public uses, and similar and compatible uses. The Lake Elsinore Municipal Code (LEMC) Chapter 17.124.010 describes that the General Commercial (C-2) is intended to accommodate a full range of retail stores, offices, personal and business service establishments offering commodities and services scaled to meet the needs of the residents of the entire City.
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Surrounding Land Uses, General Plan and Zoning Designations The Project Site is located on the southeast corner of Cambern Avenue and Central Avenue/SR74, within the northernmost portion of the City’s C-2 zone along Central Avenue/SR-74, adjacent to residential zoning. The southeast and southwest corners of Cambern Avenue and Central Avenue/SR-74 are fully developed with large commercial centers. The northwest side of Central Avenue/SR-74 consists of undeveloped land with a General Plan Land Use Designation of General Commercial (GC) and a zoning designation of General Commercial (C-2). The east side of the Project Site consists of single-family residential properties designated Low Density Residential (LDR) and zoned Residential Estate (R-E), and the adjacent south side of the Project Site consists of residential properties designated Medium Density Residential (MDR) and High Density Residential (HDR) and zoned Medium Density Residential (R-2) and vacant land zoned High Density Residential (R-3), respectively.

B. PROJECT DESCRIPTION
The Proposed Project consists of construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, several quick-serve restaurants, a gas station with a convenience store, and a separate drive-through car wash, which would be constructed in two phases over a total of 8.863 acres (Figure 5 - Site Plan Schematic and Figure 6 - Site Phasing).

The Proposed Project consists of applications for a Tentative Parcel Map (TPM) No. 38195, TPM No. 38281, a Conditional Use Permit (CUP) No. 2021-09, CUP No. 2021-10, CUP No. 2021-11, CUP No. 2021-12, a Commercial Design Review (CDR) No. 2021-17, Public Convenience & Necessity (PCN) No. 2021-01, PCN No. 2021-02, and Uniform Sign Program (SIGN) No. 2021-35, which collectively are being processed under Planning Application (PA) No. 2021-34.

Tentative Parcel Map
The Applicant proposes to subdivide the existing five lots into five lots with different sizes via Figure 7 – Tentative Parcel Map No. 38195 (Phase 1) and Figure 8 – Tentative Parcel Map No. 38281 and in Table 1 – Lot Summary:

Table 1 – Lot Summary
Lot Number Gross Acreage Net Acreage
1 1.30 1.19
2 1.20 1.10
3 1.65 1.42
4 3.60 3.59
5 1.13 1.03
Total 8.88 (+/- 8.863) 8.33 (+/- 8.32)
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Development Proposal
The Applicant proposes to construct the following improvements as shown in Figure 5 and in Table 2 – Development Summary. Site improvements would be completed in two phases consistent with the phasing plan for Project buildout (Figure 6). An 8-foot-high concrete block wall would be constructed along the south and east perimeter to screen the Project Site from the adjacent residential uses.

Phase 1:

Lot 1: A 4,116 SF drive-thru car wash building, 25 self-service vacuum stations, 7 parking spaces, and two monument signs on 1.19 net acres. An access gate would be installed on Lot 1 at the terminus of Allan Street; the gate would be locked and is designed for emergency vehicle access only.

Lot 2: A 3,000 SF quick-service restaurant building, 57 parking spaces, and one monument sign on 1.10 net acres.

Lot 3: A 4,088 SF service station with convenience store, fuel canopy with eight pumps, two underground storage tanks (USTs), 43 parking spaces, and two monument signs on 1.42 net acres.

Phase 2:

Lot 4: A 43,050 SF grocery store and 184 parking spaces on 3.59 net acres.

Lot 5: A 3,000 SF quick-service restaurant building, 52 parking spaces, and two monument signs on 1.03 net acres.
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Table 2 – Development Summary
Proposed Lot
Number
Proposed
Gross Acres
Proposed Net
Acres
Proposed Development
(Conceptual)
Proposed
Floor Area
Ratio (FAR)
Phase 1
1 1.30 1.19
• Car Wash (4,116 SF)
• 25 self-serve vacuum stations
• 7 parking spaces
• Two monument signs
• Trash enclosure
• Site lighting

0.0797
2 1.20 1.10
• Quick-service Restaurant (3,000
SF)
• 57 parking spaces
• Monument sign
• Site lighting
• Trash enclosure

0.0629
3 1.65 1.42
• Service station with convenience
store (4,088 SF)
• Fuel canopy with eight-pumps
• 43 parking spaces
• Two USTs
• Two monument signs
• Site lighting
• Trash enclosure

0.0659
Phase 2
4 3.60 3.59
• Grocery store (43,050 SF)
• 184 parking spaces
• Site lighting
• Trash enclosure

0.2756
5 1.13 1.03
• Quick-service Restaurant (3,000
SF)
• 52 parking spaces
• Two monument signs
• Site lighting
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Pursuant to the C-2 zoning requirements, the project would be subject to a CUP No. 2021-09 for the 4,116 SF Car Wash on Lot 1, CUP No. 2021-10 for the 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 2, CUP No. 2021-11 and PCN No. 2021-01 for the gas station and the 4,088 SF convenience store with concurrent sale of beer and wine for off-site consumption (Type 20 ABC) on Lot 3, PCN No. 2021-02 for the 43,050 SF grocery store for the sale of beer, wine, and distilled spirits for off-site consumption (Type 21 and 86 ABC) on Lot 4, and CUP No. 2021-12 for the 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 5. 14 | Page

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PLANNING+ ENYIRONMENIAL
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Signage
The uniform sign program (SIGN No. 2021-35) for the Project intended to create an integrated framework for all signage within the center to allow for business branding and identification while complementing the character of the center via architectural compatibility. The sign program includes proposed freestanding signs, a blueprint for building/wall signage, and all other types of contemplated signage that would be allowed in the center. The larger Center identification signs situated at the primary driveway entrances into the center will feature the grocery anchor tenant prominently with panels for the other prospective 4 tenants within the center. The sign program is also proposing a 6’ tall freestanding monument sign for each remaining outparcel featuring a single business name/logo with consistent base and sign structure to match the rest of the signs architectural theme.

Street Improvements
Off-site street improvements within the public right-of-way on Central Avenue and Cambern Avenue, along the Project Site’s frontages, would conform with the City’s roadway design standards. Two-way vehicular driveways are proposed from Central Avenue into Lots 1 and 3, and from Cambern Avenue into Lots 3 and 5. An emergency vehicle only access is also proposed from Allan Street, a residential street to the east, into Lot 1. All vehicular driveways are proposed to be served by dedicated right turn only lanes traveling northbound and eastbound, and by median left turn lanes traveling southbound and westbound. Pedestrian access to the site will be provided by new sidewalks along both street frontages. A future Riverside Transit Agency (RTA) bus shelter is anticipated along eastbound Central Avenue adjacent to Lot 2.

Parking
The Project Site would include a total of 369 vehicular parking spaces between all five lots, which exceeds the City’s parking requirement of 286 spaces based on the proposed mixed of uses for the project. Parking space total includes the 25 self-service vacuum stations on Lot 1. ADA accessible parking spaces will be provided throughout the Project Site in accordance with California Building Code (CBC) requirements. Shared access easements shall link all five lots to allow for seamless use of the shared parking lot by visitors to the Project Site arriving from both Central Avenue and Cambern Avenue.

Additional Site Improvements
The Proposed Project includes approximately 56,262 SF of landscaping, which is 15.53 percent landscape coverage. Landscaping would be provided in the setback areas along the perimeter of the Project Site, between the operational areas of each pad tenant, and interspersed throughout the shared parking lot (Figure 9 – Landscape Plan). Paved areas for parking and circulation would cover 247,767 SF, or 68.64 percent of the Project Site. The entire site would include on-site stormwater management improvements, lighting, walls and fencing, and a security gate for the emergency vehicle access at Allan Street (Figure 10 – Utility Plan and Figure 11 – Photometric Plan).
15 | Page

SAGECREST
PLANNING+ ENYIRONMENIAL
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Grading
The Project Site is flat and has already been cleared of most vegetation. Building pads will need to be over-excavated, recompacted and filled prior to construction. Precise grading is anticipated to require 51,000 cubic yards (CY) of exported soils and 60,000 CY of imported soils, for a total of 9,000 CY of net import fill soils. The maximum grading cut depth would be 10.7 feet, with a maximum fill depth of 1 foot.

Operation
Individual business hours of operation will be determined by each pad tenant but are anticipated to concentrate within conventional business hours. The proposed convenience store would be single-story and include restrooms and retail space. The proposed gas station would entail eight fuel pumps, servicing up to 16 vehicles at one time. The two quick-service restaurants include drive-thru queuing lanes in addition to on-site parking spaces. The carwash includes a drive-thru queuing area and self-service vacuum stations for customers. The grocery store includes a parking lot for customers and staff as well as loading dock area for delivery vehicles on the east side of the building.
16 | Page

SAGECREST
PLANNING + ENYIRONMENIAL
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Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Regional Overview
Project Site
Not to Scale Figure 1: Regional Vicinity Map
Source: Google Maps

SAGECREST
PLANNING+ ENYIRONMENIAL
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
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Source: ESRI Mapping Service

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Initial Study/Mitigated Negative Declaration
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SAGECREST
PLANNING+ ENYIRONMENIAL

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Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Project Site
Project Site
Figure 4: General Plan Land Use and Site Zoning
Source: City of Lake Elsinore.

SAGECREST
PLANNING+ ENYIRONMENIAL

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Initial Study/Mitigated Negative Declaration
Project Site
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Figure 4-1: General Plan Land Use and Site Zoning
Source: City of Lake Elsinore.

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PLANNING+ ENYIRONMENIAL
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Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
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PLANNING + ENYIRO NMENIAL
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SAGECREST
PLANNING+ ENYIRONMENIAL
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SAGECREST
PLANNING+ ENYIRONMENIAL
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Initial Study/Mitigated Negative Declaration
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SAGECREST
PLANNING + ENYIRONMENIAL
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SAGECREST
PLANNING+ ENYIRONMENIAL
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
III. ENVIRONMENTAL CHECKLIST
A. BACKGROUND

1. Project Title: Evergreen Commercial Development Project

2. Lead Agency Name and Address:

City of Lake Elsinore, 130 South Main Street, Lake Elsinore, CA 92530

3. Contact Person and Phone Number: Attn: Damaris Abraham, Planning Manager (951) 674-3124 Ext. 913 [email protected]

4. Project Location:

Undeveloped parcels along the south side of Central Avenue/State Route 74 (SR-74), approximately 0.32 mile east of Interstate 15 (I-15) in the City of Lake Elsinore, County of Riverside; Assessor’s Parcel Number [APNs] 377-020-014, 377-020-016, 377-020-017, 377-020- 018, and 377-020-019.

5. Project Sponsor’s Name and Address:

Evergreen Devco, Inc.
2390 E. Camelback Road, Suite 410
Phoenix, AZ 85016

6. General Plan Designation: General Commercial (GC)

7. Zoning: General Commercial (C-2)

8. Description of Project:

The Proposed Project consists of construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, several quick-serve restaurants, a drive-through car wash, and a fuel station, which would be constructed in two phases over a total of 8.863 acres.

See Section II above for a more complete description of the Proposed Project.

9. Surrounding Land Uses and Setting:

The Project Site is zoned C-2 (General Commercial) and is bounded to the north by Central Avenue/SR-74 with undeveloped land designated as General Commercial (C-2) beyond to the north, on the east by single-family residential properties zoned Residential Estate (R-E), on the south by residential properties zoned Medium Density Residential (R-2) and vacant land zoned High Density Residential (R-3) and to the west by Cambern Avenue and commercial properties zoned General Commercial (C-2) beyond. Vehicular Access to the Project Site would be immediately taken from Lake Street, located to the West. Vehicular Access to the Project Site would be taken from Central Avenue and Cambern Avenue. The Project Site can be accessed from the I-15 freeway, via Central Avenue/SR-74.
29 | Page

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PLANNING+ ENYIRONMENIAL
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration

10. Other Public Agencies Whose Approval is Required:

The project would be required to comply with the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction of Land Disturbance Activities (State Water Resources Control Board [SWRCB] Order No. 2009- 0009-DWQ, NPDES No. CA2000002), in addition to related City requirements for storm water and erosion control; South Coast Air Quality Management District (SCAQMD) Permit to Operate; California Department of Fish and Wildlife and Regional Water Quality Control Board authorizations related to fill of aquatic feature on the Project Site; and a driveway encroachment permit through the California Department of Transportation (Caltrans).

11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?: In accordance with the requirements of Assembly Bill (AB) 52, the City sent notification to six Tribes on November 24, 2021. Of the tribes notified, the Rincon Band of Luiseño Indians, Pechanga Band of Luiseño Indians, and the Soboba Band of Luiseño Indians requested formal government-to-government consultation under AB 52. Consultation meetings were held on January 4, 2022 with the Rincon Band of Luiseño Indians, on January 13, 2022 with the Soboba Band of Luiseño Indians, and on January 27, 2022 with the Pechanga Band of Luiseño Indians.

The City concluded consultation with the Rincon Band of Luiseño Indians on January 6, 2022, the Soboba Band of Luiseño Indians on January 13, 2022, and with e Pechanga Band of Luiseño Indians on August 15, 2022. Mitigation measures have been added to address a concern over the potential for uncovering tribal cultural resources (TCRs) or other tribal affiliated resources during construction of the Project. Please see Section XVIII of the Initial Study Environmental Checklist for more detail.
30 | Page

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B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” as indicated by the checklist on the following pages.

Aesthetics
Agriculture & Forest Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology/Soils
Greenhouse Gas Emissions
Hazards & Hazardous Materials
Hydrology/Water Quality
Land Use/Planning
C. DETERMINATION
Mineral Resources
Noise
Population/Housing
Public Services
Recreation
Transportation
Tribal Cultural Resources
Utilities/Service Systems
Wildfire
Mandatory Findings of Significance
I find that the Proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the Proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the Proposed Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the Proposed Project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the Proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the Proposed Project, nothing further is required.

Damaris Abraham, Planning Manager Date
09/06/2022
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D. INITIAL STUDY CHECKLIST
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
I. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic
vista?
b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
c) In non-urbanized areas, substantially degrade the
existing visual character or quality of public views
of the site and its surroundings? (Public views are
those that are experienced from publicly
accessible vantage point). If the project is in an
urbanized area, would the project conflict with
applicable zoning and other regulations
governing scenic quality?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime
views in the area?
II. AGRICULTURE AND FORESTRY RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board.

Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to nonagricultural use? b) Conflict with existing zoning for agricultural use,
or a Williamson Act contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined by Public
Resources Code section 4526), or timberland
zoned Timberland Production (as defined by
Government Code section 51104(g))?
d) Result in the loss of forest land or conversion of
forest land to non-forest uses?
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Less Than
Significant
With
Mitigation
Incorporated
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Significant
Impact
No
Impact
e) Involve other changes in the existing environment
which, due to their location or nature, could
result in conversion of Farmland to nonagricultural use? III. AIR QUALITY. Where available, significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Result in a cumulatively considerable net increase
of any criteria pollutant for which the project
region is non-attainment under an applicable
federal or state ambient air quality standard?
c) Expose sensitive receptors to substantial
pollutant concentrations?
d) Result in other emissions (such as those leading
to odors) affecting a substantial number of
people?
IV. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans, policies,
or regulations, or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
d) Interfere 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
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Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
V. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
§15064.5 of the California Code of Regulations?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to §15064.5 of the California Code of
Regulations?
c) Disturb any human remains, including those
interred outside of formal cemeteries?
VI. ENERGY. Would the project:
a) Result in potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
VII. GEOLOGY AND SOILS. Would the project:
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury,
or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map, issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer
to Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in onor off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
d) Be located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code (1994),
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Impact
creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater
disposal systems where sewers are not available
for the disposal of wastewater?
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
VIII. GREENHOUSE GAS EMISSIONS. Would the project:
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant
impact on the environment?
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing
the emissions of greenhouse gases?
IX. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous
materials 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 two 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
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Impact
Less Than
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With
Mitigation
Incorporated
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Significant
Impact
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Impact
indirectly to a significant risk of loss, injury or
death involving wildland fires?
X. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground water
quality?
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater
recharge such that the project may impede
sustainable groundwater management of the
basin?
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration
of the course of a stream or river or through the
addition of impervious surfaces in a manner
which would:
(i) result in substantial erosion or siltation on- or
off-site;
(ii) substantially increase the rate or amount of
surface runoff in a manner, which would
result in flooding on- or off-site;
(iii) create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff; or,
(iv) impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?
XI. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community?
b) Cause a significant environmental impact due to a
conflict with any applicable land use plan, policy,
or regulation adopted for the purpose of avoiding
or mitigating an environmental effect?
XII. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
b) Result in the loss of availability of a locally
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Evergreen Commercial Development Project
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Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
important mineral resource recovery site
delineated on a local general plan, specific plan,
or other land use plan?
XIII. NOISE. Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient of noise levels in
the vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or other 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?
XIV. POPULATION AND HOUSING. 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?
V. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
a) Fire protection?
b) Police protection?
c) Schools?
d) Parks?
e) Other public services/facilities?
XVI. RECREATION.
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
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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?
XVII. TRANSPORTATION. Would the project:
a) Conflict with program, ordinance or policy
addressing the circulation system, including
transit, roadway, bicycle, and pedestrian
facilities?
b) Conflict or be inconsistent with CEQA Guideline
section 15064.3, subdivision (b)?
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
d) Result in inadequate emergency access?
XVIII.TRIBAL CULTURAL RESOURCES. Would the project 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:
a) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code section 5020.1(k).
b) A resource determined by the lead agency, in its
discretion and supported by substantial evidence,
to be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1, the lead agency shall consider the
significance of the resource to a California Native
American tribe.

XIX. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Require or result in the relocation or construction
of new or expanded water, wastewater
treatment or storm water drainage, electric
power, natural gas, or telecommunications
facilities, the construction or relocation of which
could cause significant environmental effects?
b) Have sufficient water supplies available to serve
the project and reasonably foreseeable future
development during normal, dry, and multiple
dry years?
c) Result in a determination by the wastewater
treatment provider, which serves or may serve
the project that it has adequate capacity to serve
the project’s projected demand in addition to the
provider’s existing commitments?
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d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the
attainment of solid waste reduction goals?
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
XX. WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose
project occupants to, pollutant concentrations
from a wildfire or the uncontrolled spread of a
wildfire?
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines or
other utilities) that may exacerbate fire risk or
that may result in temporary or ongoing impacts
to the environment?
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
XXI. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a
plant or animal community, reduce the number
or restrict the range of a rare or endangered
plant or animal or eliminate important examples
of the major periods of California history or
prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a project
are considerable when viewed in connection with
the effects of past projects, the effects of other
current projects, and the effects of probable
future projects)?
c) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
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IV. ENVIRONMENTAL ANALYSIS
This section provides an evaluation of the impact categories and questions contained in the Environmental Checklist. A complete list of the reference sources applicable to the following source abbreviations is contained in Section VII, References, of this document.

I. AESTHETICS
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a scenic
vista? ☐ ☐ ☒ ☐
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
☐ ☐ ☒ ☐
c) In non-urbanized area, substantially degrade
the existing visual character or quality of
public views of the site and its surroundings?
(Public views are those that are experienced
from publicly accessible vantage point.) If the
project is in an urbanized area, would the
project conflict with applicable zoning and
other regulations governing scenic quality?
☐ ☐ ☒ ☐
d) Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area?
☐ ☐ ☒ ☐
a) Have a substantial adverse effect on a scenic vista? Less Than Significant Impact: The State CEQA Guidelines do not provide a definition of what constitutes a “scenic vista” or “scenic resource” or a reference as to from what vantage point(s) the scenic vista and/or resource, if any, should be observed. Scenic resources are typically landscape patterns and features that are visually or aesthetically pleasing and that contribute affirmatively to the definition of a distinct community or region such as trees, rock outcroppings, and historic buildings. A scenic vista is identified as a public vantage viewpoint that provides expansive views of a highly valued landscape for the benefit of the general public. Common examples may include a public vantage point that provides expansive views of undeveloped hillsides, ridgelines, and open space areas that provide a unifying visual backdrop to a developed area.

Important factors in determining whether the Proposed Project would block or diminish scenic vista quality includes the project’s proposed height, mass, and location relative to surrounding 40 | Page

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land uses and public travel corridors.

The Project Site and surrounding area is relatively flat, and mostly undeveloped and contains no views of scenic vistas on site, and there are no visual resources on the Project Site. The Project Site is bounded by vacant property to the northwest, commercial centers to the southwest and southeast of Cambern Avenue. Residential land uses exist to the east and southeast of the Project Site.

The General Plan EIR identifies the most notable aesthetic resource in the City as Lake Elsinore itself, a 3,000-acre natural lake, located approximately 1.6 miles southeasterly of the Project Site The City’s General Plan Figure 4.10 – Viewshed and Vantage Points identifies various areas within the City of Lake Elsinore that may have a view of the lake, as well as identifies specific vantage points of Lake Elsinore that are to be visually maintained. These vantage points are generally located adjacent to the lake approximately 1.6 miles southeasterly of the Project Site. The Project Site is not identified as a vantage point, and there are no vantage points in the immediate Project vicinity. The City’s aesthetic setting is characterized by urbanized development of various densities occurring within varied topographical features and interspersed with undeveloped natural areas. Scenic resources within and surrounding the City include the lake, portions of the Cleveland National Forest, rugged hillside land, distant mountains and ridgelines, rocky outcroppings, streams, vacant land with native vegetation, parkland, and buildings of historical and cultural significance such as the cultural center, bathhouse, and military academy. General Plan Goal 12 recommends policies to preserve valued public views throughout the City.

The Project Site is located more than 1.6 miles northwesterly of Lake Elsinore (water body) and does not propose any building heights in excess of those that are allowed by the City’s Zoning Code. Views of the mountains and ridgelines can be seen from the Project Site; however, the Proposed Project would be subject to the maximum building height permitted by the zoning which is limited to 45 feet. The highest elevation of the Proposed Project would be the grocery store at 40 feet high.

The Proposed Project provides a 20-foot setback along Central Avenue/SR-74 and a 15-foot setback along Cambern Avenue. An 8-foot-high concrete wall would be installed along the south and east property boundaries that are adjacent to the residential areas. Views of the scenic resources within and surrounding the City are the prominent scenic vistas in the area. However, the Proposed Project would not impede any of these views because the Project would be constructed within City’s height standards. Therefore, potential impacts associated with a scenic vista would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan EIR, Project Description, Conceptual Grading Plan 41 | Page

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b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
Less Than Significant Impact: The Project Site is undeveloped land on 8.863-acres (gross). The Project Site is located on the southeast corner of Cambern Avenue and Central Avenue/SR-74, approximately 0.32 mile east of I-15.

The Project Site is located near SR-74 and I-15. According to the California Scenic Highway Mapping System, there are no eligible scenic highways near the Project Site. The portion of the I-15 eligible for listing as a state scenic highway runs from the southerly border of Riverside County to the SR-91/I-15 exchange located in the northwest corner of Riverside County, which is more than 10 miles from the Project Site. The Project Site is relatively flat and has been previously disturbed for the mining operation. The Project site does not contain any scenic resources, and there are no existing rock outcroppings or historic buildings present on the Project Site.

The City has local ordinances that protect the City’s streetscape and trees. The City’s Municipal Code includes a City Tree Preservation Ordinance (Ord. 1256) which governs species, maintenance, and care of trees within the public right-of-way and parks. There are no trees existing on the Project Site and therefore the ordinance does not apply to the Project Site. The City of Lake Elsinore has also determined that certain species of palm trees in the family Palmaceae are locally significant resources through the City Significant Palm Tree Ordinance (Ord. 1160). However, no palms occur on the Project Site. Therefore, through compliance with local ordinances and the City’s design review process, potential impacts associated with scenic resources within a state scenic highway would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan EIR, LEMC, CalTrans California Scenic Highway Mapping System (accessed https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lapliv-i-scenic-highways on July 19, 2022. c) In non-urbanized area, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?? Less Than Significant Impact: The Project Site is located within an urbanized area. The Proposed Project would not substantially degrade the existing visual character or quality of the Project Site and its surroundings. The Project Site consists of a previously disturbed, undeveloped parcel located in a commercially zoned area of the City. The Project Site is bounded to the north by Central Avenue/SR-74 and undeveloped land designated as General Commercial (C-2) beyond, to the east by single-family residential properties zoned Residential Estate (R-E), to the south by residential properties zoned Medium Density Residential (R-2) and vacant land zoned High 42 | Page

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Density Residential (R-3) and to the west by Cambern Avenue and commercial properties zoned General Commercial (C-2) beyond. Vehicular Access to the Project Site would be immediately taken from Central Avenue and Cambern Avenue.

The Proposed Project consists of construction of a 57,254 SF commercial center that consists of an anchor grocery store, several quick-serve restaurants, a gas station with a convenience store, and a separate drive-through car wash, which would be constructed in two phases over a total of 8.863 acres.

No structures are being proposed that would diminish the existing visual character of the area or block views of the distant mountains and ridgelines. The Proposed Project is consistent with the intended land use for the area and meets development standards guiding the visual character of the Project Site. In addition, the Proposed Project would provide street improvements along the Project Site’s frontage of SR-74 and Cambern Avenue, including curbs, and sidewalks. The resulting aesthetic would be more organized, unified, and urban, compared to the existing conditions. While the Proposed Project would change the visual quality of the Project Site, it would not degrade the existing visual character or quality of the Project Site or surroundings.

Therefore, potential impacts associated with the visual character or quality of the Project Site and its surroundings would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: Project Description, Site Plan, SCAG U.S. Census Urbanized Areas (accessed July 16, 2019)
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less Than Significant Impact: According to the City’s General Plan, light and glare impacts to the Mount Palomar Observatory are of concern to the City. Areas of light pollution impacts have been identified through a “ring analysis,” where primary impacts to the Observatory are within a 30- mile radius, and secondary impacts are up to 45 miles. According to the General Plan Figure 4.12 – Palomar Lighting Impact Analysis Areas, the Project Site is within the 45-mile secondary impacts radius. The Proposed Project would introduce light features to the vacant Project Site.

Accordingly, the new buildings and associated components would include lighting features typical of commercial developments, such as security lighting and indoor lighting. However, while the Proposed Project would introduce new sources of light, all lighting fixtures would comply with Lake Elsinore Municipal Code (LEMC) Section 17.112.040 Lighting (for Nonresidential Development). Section 17.112.040 requires all outdoor lighting fixtures in excess of 60 watts to be oriented and shielded to prevent direct illumination above the horizontal plane passing through the luminaire and prevent any glare or illumination on adjacent properties or streets.

This section of the LEMC encourages the use of low-pressure sodium vapor lighting due to the City’s proximity to the Mount Palomar Observatory.
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The Proposed Project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. Therefore, potential impacts associated with light or glare would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: LEMC, General Plan
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II. AGRICULTURE AND FORESTRY RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to nonagricultural use? ☐ ☐ ☐ ☒
b) Conflict with existing zoning for agricultural use,
or a Williamson Act contract? ☐ ☐ ☐ ☒
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland
(as defined by Public Resources Code Section
4526), or timberland zoned Timberland
Production (as defined by Government Code
section 51104(g))?
☐ ☐ ☐ ☒
d) Result in the loss of forest land or conversion of
forest land to non-forest use? ☐ ☐ ☐ ☒
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of Farmland,
to non-agricultural use or conversion of forest
land to non-forest use?
☐ ☐ ☐ ☒
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact: Agricultural uses constitute approximately 0.8 percent of the City’s total acreage and are designated by the California Farmland Mapping and Monitoring Program (FMMP) as Farmland of Local Importance (554 acres within the City), Grazing Land (827 acres within the City), and Unique Farmland (25 acres within the City). Remaining land is considered Urban/Built Up Land or Other Land, reflecting its developed uses or other characteristics making it unsuitable for agriculture. None of the farmland designated within the City or Sphere of Influence (SOI) are considered Prime Farmland, Unique Farmland, or Farmland of Statewide Importance by the State of California. There are no agricultural uses on the Project Site or adjacent to the Project Site. The Proposed Project would not convert any Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Therefore, no impacts associated with conversion of farmland would occur.
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Mitigation Measures: No mitigation measures are required.

Sources: FMMP, General Plan EIR
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact: The Proposed Project Site is not located within or adjacent to a property subject to a Williamson Act contract as there are no Williamson Act agricultural preserves located within the City of Elsinore. The Project Site zoning is General Commercial (C-2) and is surrounded by commercial and residential zoning designations. The Proposed Project would not conflict with existing zoning for agricultural use or a Williamson Act contract. Therefore, no impacts associated with agricultural uses or a Williamson Act contract would occur.

Mitigation Measures: No mitigation measures are required.

Sources: DOC WA, General Plan EIR.
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
No Impact: The Project Site is within the City of Lake Elsinore which does not have zoning designated for forest land, timberland, or timberland zoned Timberland Production within City limits. The Project Site does not contain forestland or timberland. There is no conflict with existing zoning and no cause for rezoning of land related to forestland or timberland. Therefore, no impacts associated with forest land or timberland would occur.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan, Zoning Map
d) Result in the loss of forest land or conversion of forest land to non-forest uses? No Impact: As indicated in Section II(c), the City does not have a zoning designation for forest land, timberland, or timberland zoned Timberland Production within City limits. In addition, the Project Site is currently vacant and is bounded by vacant property to the north, west, south, and east. The Proposed Project would not result in the loss of forest land or conversion of forest land to non-forest uses. Therefore, no impacts associated with forest land would occur.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan, Zoning Map, Alberhill Ranch Specific Plan 46 | Page

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e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
No Impact: The historical use of the Project Site consisted of a clay pit mining operation between approximately 1949 and approximately 1974. The surrounding properties historically were undeveloped. The site currently does not include any farmland or forest land that would be converted to a non-agricultural or non-forest use.

The Proposed Project would be consistent with the existing zoning designation of General Commercial (C-2). The Proposed Project does not result in conversion of Farmland to nonagricultural use. Therefore, no impacts associated with farmland would occur.

Mitigation Measures: No mitigation measures are required.

Sources: Phase I ESA (Appendix F), Project Description, Zoning Map 47 | Page

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III. AIR QUALITY
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Conflict with or obstruct implementation of the
applicable air quality plan? ☐ ☐ ☒ ☐
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard?
☐ ☐ ☒ ☐
c) Expose sensitive receptors to substantial
pollutant concentrations? ☐ ☐ ☒ ☐
d) Result in other emissions (such as those leading
to odors) adversely affecting a substantial
number of people?
☐ ☐ ☒ ☐
An Air Quality Analysis was completed to determine potential impacts to air quality associated with the development of the Proposed Project (Appendix A - Air Quality and Greenhouse Gas Assessment, Proposed Commercial Development SE Corner of Cambern Ave and Central Ave, Lake Elsinore, Salem Engineering Group, May 20, 2022). The results of the analysis are based on CalEEMod version 2020.4.0. CalEEMod is a statewide land use emissions computer model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify criteria pollutants and GHG emissions associated with construction and operations from a variety of land use projects. a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact: The Project Site is in the City of Lake Elsinore, which is part of the South Coast Air Basin (SCAB) that includes all of Orange County as well as the non-desert portions of Los Angeles, Riverside, and San Bernardino Counties. The SCAQMD’s 2016 Air Quality Management Plan (AQMP) assesses the attainment status of the SCAB. The SCAQMD updates the AQMP every three years. Each iteration of the AQMP is an update of the previous plan and has a 20-year horizon. The latest AQMP, the 2016 AQMP, was adopted on March 3, 2017.

As described below, the Proposed Project would not conflict with or obstruct implementation of the SCAQMD Air Quality Management Plan (AQMP).

SCAQMD Air Quality Management Plan
The California Environmental Quality Act (CEQA) requires a discussion of any inconsistencies between a Proposed Project and applicable General Plans and regional plans (CEQA Guidelines Section 15125). The air quality regional plan that applies to the Proposed Project includes the 48 | Page

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SCAQMD AQMP. This section discusses any potential inconsistencies of the Proposed Project with the AQMP. If the decision-makers determine that the Proposed Project is inconsistent, the lead agency may consider project modifications or inclusion of mitigation to eliminate the inconsistency.

The SCAQMD CEQA Handbook states that "New or amended GP Elements (including land use zoning and density amendments), Specific Plans, and significant projects must be analyzed for consistency with the AQMP." Strict consistency with all aspects of the plan is usually not required.

A Proposed Project would be consistent with the AQMP if it furthers one or more policies and does not obstruct other policies. The SCAQMD CEQA Handbook identifies two key indicators of consistency:

Criterion 1: Whether the project will result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations or delay timely attainment of air quality standards or the interim emission reductions specified in the AQMP.

Criterion 2: Whether the project will exceed the forecasted growth assumptions incorporated within the AQMP or increments based on the year of project buildout and phase.

Criterion 1 - Increase in the Frequency or Severity of Violations Based on the air quality modeling analysis contained in Appendix A, neither short-term construction impacts, nor long-term operations would result in significant impacts based on the SCAQMD regional and local thresholds of significance. The ongoing operation of the Proposed Project would generate air pollutant emissions that are inconsequential on a regional basis and would not result in significant impacts based on SCAQMD thresholds of significance. The analysis for long-term local air quality impacts showed that local pollutant concentrations would not be projected to exceed the air quality standards.

Therefore, the Proposed Project is not projected to contribute to the exceedance of any air pollutant concentration standards and is found to be consistent with the AQMP for Criterion 1.

Criterion 2 - Exceed Assumptions in the AQMP?
Consistency with the AQMP assumptions is determined by performing an analysis of the Proposed Project with the assumptions in the AQMP. The emphasis of this criterion is to ensure that the analyses conducted for the Proposed Project are based on the same forecasts as the AQMP. The 2016- 2040 Regional Transportation/Sustainable Communities Strategy, prepared by SCAG, 2016, includes chapters on: the challenges in a changing region, creating a plan for our future, and the road to greater mobility and sustainable growth. These chapters currently respond directly to federal and state requirements placed on SCAG. Local governments are required to use these as the basis of their plans for purposes of consistency with applicable 49 | Page

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regional plans under CEQA. For this Project, the County of Riverside Land Use Map defines the assumptions that are represented in the AQMP.

The Project Site has a General Plan Land Use Designation of General Commercial (GC) and a zoning designation of General Commercial (C-2). The City of Lake Elsinore General Plan states that the GC land use designation is intended to provide for retail, services, restaurants, professional and administrative offices, hotels and motels, mixed-use projects, public and quasipublic uses, and similar and compatible uses. The Proposed Project consists of construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, several quickserve restaurants, a gas station with a convenience store, and a separate drive-through car wash, which would be constructed in two phases over a total of 8.863 acres. Therefore, the Proposed Project would not result in an inconsistency with the current land use designations with respect to the regional forecasts utilized by the AQMPs. The Proposed Project would not exceed the AQMP assumptions for the Project Site and is found to be consistent with the AQMP for the second criterion.

Therefore, potential impacts associated with an inconsistency with the SCAQMD AQMP would be less than significant, and no mitigation would be required.

Mitigation Measures: No mitigation measures are required.

Sources: Air Quality and Greenhouse Gas Assessment, Proposed Commercial Development SE Corner of Cambern Ave and Central Ave, Lake Elsinore, Salem Engineering Group, May 20, 2022 (Appendix A)
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
Less Than Significant Impact: The Proposed Project would not 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, including releasing emissions which exceed quantitative thresholds for ozone precursor).

Cumulative projects include local development as well as general growth within the project area.

However, as with most development, the greatest source of emissions is from mobile sources, which travel throughout the local area. Therefore, from an air quality standpoint, the cumulative analysis would extend beyond any local projects and when wind patterns are considered would cover an even larger area. Accordingly, the cumulative analysis for the Proposed Project’s air quality must be regional by nature. The SCAB has been designated by EPA for the national standards as a non-attainment area for O3, PM2.5, and partial non-attainment for lead. In addition, PM10 has been designated by the State as non-attainment. In accordance with CEQA Guidelines Section 15130(b), this analysis of cumulative impacts incorporates a three-tiered approach to assess cumulative air quality impacts.
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• Consistency with the SCAQMD project specific thresholds for construction and operations; • Project consistency with existing air quality plans; and • Assessment of the cumulative health effects of the pollutants.

Consistency with Project Specific Thresholds
Construction-Related Impacts
Construction activities associated with the Project would result in emissions of VOCs, NOx, SOx, CO, PM10, and PM2.5. Construction related emissions are expected from the following construction activities:
• Site Preparation
• Grading
• Building Construction
• Paving
• Architectural Coating
The duration of construction activity was estimated based on CalEEMod model defaults, past project experience, and a 2024 project buildout year. The construction schedule utilized in the analysis represents a “worst-case” analysis scenario should construction occur any time after the respective dates since emission factors for construction decrease as time passes and the analysis year increases due to emission regulations becoming more stringent. The duration of construction activity and associated equipment both represent a reasonable approximation of the expected construction fleet as required per CEQA guidelines.

Dust is typically a major concern during rough grading activities. Because such emissions are not amenable to collection and discharge through a controlled source, they are called “fugitive emissions.” Fugitive dust emissions rates vary as a function of many parameters (soil silt, soil moisture, wind speed, area disturbed, number of vehicles, depth of disturbance or excavation, etc.). However, SCAQMD Rules that are currently applicable during construction activity for the Proposed Project would include but are not limited to: Rule 1113 (Architectural Coatings) and Rule 403 (Fugitive Dust). Construction emissions for construction worker vehicles traveling to and from the Project Site, as well as vendor trips (construction materials delivered to the Project Site) were estimated based on CalEEMod.

The estimated maximum daily construction emissions without mitigation are summarized on Table 3 - Regional Significance – Unmitigated Construction Emissions [pounds/day]. Under the assumed scenarios, emissions resulting from the Proposed Project construction would not exceed criteria pollutant thresholds established by the SCAQMD for emissions of any criteria pollutant.
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Table 3 - Regional Significance – Unmitigated Construction Emissions (pounds/day) Emission Source ROG NOX CO SOX PM10 PM2.5
Regional Significance Thresholds 75 100 550 150 150 55
Maximum Daily Emissions 18.21 33.13 23.45 0.07 10.66 6.08 Regional Construction Thresholds
Exceeded? No No No No No No
Local Significance Thresholds - 371 1,965 - 13 8
Maximum On-Site Emissions - 33.08 19.70 - 10.46 6.03
Local Construction Thresholds
Exceeded? No No No No No No
Operational-Related Impacts
Operational activities associated with the Proposed Project would result in emissions of VOCs, NOX, SOX, CO, PM10, and PM2.5. Operational emissions would be expected from the following primary sources (Appendix A):
• Area Source Emissions
• Energy Source Emissions
• Mobile Source Emissions
• Gasoline Dispensing Emissions
Table 4 – Estimated Annual Operational Emissions (Unmitigated) summarizes the Proposed Project’s daily regional emissions from on-going operations. During operational activity, the Proposed Project would not exceed any of the thresholds of significance.

The greatest cumulative operational impact on the air quality to the Air Basin would be the incremental addition of pollutants mainly from increased traffic from residential, commercial, and industrial development. In accordance with SCAQMD methodology, projects that do not exceed SCAQMD criteria or can be mitigated to less than criteria levels are not significant and do not add to the overall cumulative impact. The regional ozone, PM10, and PM2.5 emissions created from the on-going operations of the Proposed Project were calculated and are detailed in Table 6. Development of the Proposed Project would result in less than significant regional emissions of VOC and NOx (ozone precursors), PM10, and PM2.5 during operation. Therefore, potential cumulative impacts associated with operation of the Proposed Project would be less than significant.
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Table 4 – Estimated Annual Unmitigated Operational Emissions (pounds/day) Emission Source ROG NOX CO SOX PM10 PM2.5
Regional Significance Thresholds 55 55 550 150 150 55
Maximum Daily Operational
Emissions 12.63 11.38 91.69 0.19 19.65 5.37
Regional Operational Thresholds
Exceeded? No No No No No No
Local Significance Thresholds - 371 1965 - 4 2
On-Site Operational Emissions - 1.77 9.74 - 2.01 0.58
Local Operational Threshold
Exceed? No No No No No No
Cumulative Health Impacts
Projects involving traffic impacts may result in the formation of locally high concentrations of CO, known as CO “hot spots.” A CO hotspot is a localized concentration of CO that is above a CO ambient air quality standard. Localized CO hotspots can occur at intersections with heavy peak hour traffic. Specifically, hotspots can be created at intersections where traffic levels are sufficiently high such that the local CO concentration exceeds the federal one-hour standard of

35.0 ppm or the federal and state eight-hour standard of 9.0 ppm (CARB 2016). The SCAB is in conformance with state and federal CO standards, and most air quality monitoring stations no longer report CO levels. No stations in the vicinity of the Project Site have monitored CO since 2012. In 2012, the Lake Elsinore station detected an 8-hour maximum CO concentration of 0.5 ppm, which is below the state and federal standards (CARB 2019). The Proposed Project would result in CO emissions of approximately 92 pounds per day, well below the 550 pounds per day threshold. Based on the low background level of CO in the project area, improving vehicle emissions standards for new cars in accordance with state and federal regulations, and the project’s low level of operational CO emissions, the project would not create new hotspots or contribute substantially to existing hotspots, and impacts would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: Air Quality and Greenhouse Gas Assessment, Proposed Commercial Development SE Corner of Cambern Ave and Central Ave, Lake Elsinore, Salem Engineering Group, May 20, 2022 (Appendix A)
c) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact: The Proposed Project would not expose sensitive receptors to substantial pollutant concentrations. The local concentrations of criteria pollutant emissions produced in the nearby vicinity of the Project Site, which may expose sensitive receptors to substantial concentrations, have been calculated in Section III(b) for both construction and operations. The results in Table 3 and Table 4 identify that neither construction nor operations exceed localized thresholds for criteria pollutants. The discussion below also includes an analysis 53 | Page

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of the potential impacts from toxic air contaminant emissions.

Some people are especially sensitive to air pollution and are given special consideration when evaluating air quality impacts from projects. These groups of people include children, the elderly, individuals with pre-existing respiratory or cardiovascular illness, and athletes and others who engage in frequent exercise. Structures that house these persons or places where they gather to exercise are defined as “sensitive receptors;” they are also known to be locations where an individual can remain for 24 hours.

The sensitive receptors nearest to the Project Site are single-family residences adjacent to the Project site’s eastern and southern boundaries. Since the fuel station would be located on the western corner of the site, it would not be immediately adjacent to the sensitive receptors.

Residences to the south are sited approximately 509 feet (155 meters) from the fuel station, and residences to the east are sited approximately 574 feet (175 meters) from the fuel station (Appendix A).

Toxic Air Contaminants Impacts from Construction
The greatest potential for toxic air contaminant emissions would be related to diesel particulate matter (DPM) emissions associated with heavy equipment operations during construction of the Proposed Project. According to SCAQMD methodology, health effects from carcinogenic air toxics are usually described in terms of “individual cancer risk.” “Individual Cancer Risk” is the likelihood that a person exposed to concentrations of toxic air contaminants over a 70-year lifetime would contract cancer, based on the use of standard risk-assessment methodology. Given the limited number of heavy-duty construction equipment and the short-term construction schedule, the Proposed Project would not result in a long-term (i.e., 70 years) substantial source of toxic air contaminant emissions and corresponding individual cancer risk. In addition, California Code of Regulations Title 13, Article 4.8, Chapter 9, Section 2449 regulates emissions from off-road diesel equipment in California. This regulation limits idling of equipment to no more than five minutes, requires equipment operators to label each piece of equipment and provide annual reports to CARB of their fleet’s usage and emissions. This regulation also requires systematic upgrading of the emission Tier level of each fleet, and currently no commercial operator can purchase Tier 0 or Tier 1 equipment and by January 2023 no commercial operator is allowed to purchase Tier 2 equipment. In addition to the purchase restrictions, equipment operators need to meet fleet average emissions targets that become more stringent each year between years 2014 and 2023.

Therefore, potential short-term toxic air contaminant impacts associated with construction would be less than significant.

Toxic Air Contaminants Impacts from Operations
The Proposed Project includes a service station with eight fuel pumps with two dispensers each, for a total of 16 fuel pumps, along with ancillary service station equipment including two (2) USTs and has been estimated to have a throughput of 1 million gallons of fuel per year. Emissions resulting from the gasoline service station have the potential to result in toxic air contaminants 54 | Page

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(TACs) (e.g., benzene, hexane, MTBE, toluene, xylene) and have the potential to contribute to health risk in the vicinity of the Project Site. Standard regulatory controls would apply to the Proposed Project in addition to any permits required that demonstrate appropriate operational controls.

For purposes of this evaluation, cancer risk estimates can be made consistent with the methodology presented in SCAQMD’s RiskTool (V1.103) R040919 (Appendix A). The RiskTool is a screening tool that provides a Maximum Individual Cancer Risk (MICR) result based on factors such as storage tank type, annual throughput, best available control technology for toxics (TBACT), closest meteorological station, and the nearest residential and commercial uses.

The meteorological station closest to the site would be the Lake Elsinore Station, which is approximately 2.5 miles south of the Project Site. The resident MICR was calculated using the distance of the closest single-family residences to the south are sited approximately 509 feet (155 meters) from the fuel station. The worker MICR was calculated using the distance of the closest commercial use west of the site at approximately 246 feet (75 meters). The distances are based on the distance from the fuel canopy to the property line of the receptors.

SCAQMD has developed significance thresholds for the emissions of TACs based on health risks associated with elevated exposure to such compounds. For carcinogenic compounds, cancer risk is assessed in terms of incremental excess cancer risk. A project would result in a potentially significant impact to sensitive receptors if it would generate an incremental excess cancer risk of 10 in 1 million.

Based on this screening procedure it is anticipated that no residential sensitive receptors in the vicinity of the Project Site would be exposed to a cancer risk of less than 1 in 1 million which is less than the applicable threshold of 10 in 1 million. This screening-level risk estimate is very conservative (i.e., it would overstate rather than understate potential impacts). Furthermore, pursuant to SCAQMD Rule 1401 and Rule 212, the fuel station of the Project would require a permit to construct and operate a gasoline dispensing facility from the SCAQMD. Rule 1401 provides specific requirement thresholds a stationary source must meet that would ensure no significant health risk impacts before a permit is granted. Rule 212 requires sources to eliminate, reduce, or control the emission of air contaminants before issuance of a permit to construct and operate. As part of the review SCAQMD would review the facility design and location of the fuel station for compliance with SCAQMD standards for air quality and community health. Pursuant to the State’s Enhanced Vapor Recovery (EVR) program, SCAQMD Rule 461 requires all retail service stations to have Phase I and Phase II EVR systems to control gasoline emissions and reduce the release of volatile organic compounds and TACs such as benzene, ethylbenzene, and naphthalene.

Potential impacts to sensitive receptors associated with substantial pollutant concentrations from the operation of the Proposed Project would be less than significant.

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Sources: Air Quality and Greenhouse Gas Assessment, Proposed Commercial Development SE Corner of Cambern Ave and Central Ave, Lake Elsinore, Salem Engineering Group, May 20, 2022 (Appendix A)
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less Than Significant Impact: During construction, diesel equipment operating at the site may generate some nuisance odors; however, due to the distance of sensitive receptors to the Project Site and the temporary nature of construction, odors associated with project construction would not be significant.

Land uses typically associated with odor complaints include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting activities, refineries, landfills, dairies, and fiberglass molding operations. Fuel stations aren’t typically associated with fuel odor complaints. These land uses are not proposed for the Proposed Project.

The Proposed Project includes trash bins and fuel dispensing activities which could generate potential odor. Pursuant to SCAQMD Rule 461 the proposed gas station would be required to utilize gas dispensing equipment that minimizes vapor and liquid leaks and requires that the equipment be maintained at proper working order, which would minimize odor impacts occurring from the gasoline and diesel dispensing facilities. Moreover, SCAQMD Rule 402 acts to prevent occurrences of odor nuisances. Pursuant to City regulations, permanent trash enclosures that protect trash bins from rain as well as limit air circulation would be required for the trash storage areas. Due to the distance of the nearest receptors from the fueling station being more than 500 feet and through compliance with SCAQMD’s Rule 461 and 402 and City trash storage regulations, potential impacts associated with on-going operational odors would be less than significant.

Based on the Proposed Project’s construction and operational characteristics, the Proposed Project would not result in odor emissions that could adversely affect a substantial number of people.

Mitigation Measures: No mitigation measures are required.

Sources: Sources: Air Quality and Greenhouse Gas Assessment, Proposed Commercial Development SE Corner of Cambern Ave and Central Ave, Lake Elsinore, Salem Engineering Group, May 20, 2022 (Appendix A)
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IV. BIOLOGICAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
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?
☐ ☒ ☐ ☐
A Habitat Assessment and Consistency Analysis was completed to determine potential impacts to biological resources associated with the development of the Proposed Project (Appendix B – Evergreen Commercial Development Project Biological Resources Technical Report, ESA, July 2022). An Aquatic Resources Delineation Report was prepared to determine acreages of impact for regulatory compliance for the Proposed Project (Appendix B-1 - Evergreen Commercial Development Project – Aquatic Resources Delineation Report, ESA, August 2022).

No special-status plant species were detected during the focused special-status plant survey. Two special-status wildlife species, Cooper’s hawk (Accipiter cooperii) and burrowing owl (Athene cunicularia), were identified as having a moderate potential to occur on-site. However, the native 57 | Page

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habitat on-site to support these species is limited.

A drainage occurs on site (Drainage 1), encompassing approximately 0.09 acre. A formal jurisdictional delineation to determine acreages of impact for regulatory compliance was completed for the Proposed Project (Appendix B-1).

Overall, the Proposed Project is anticipated to disturb approximately 8.87 acres of which 7.79 acres are already disturbed or comprise non-native grasslands, and approximately 1.09 acres of Red Gum trees and scale broom occur within or around Drainage 1. 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?
Less Than Significant Impact:

Special-Status Plants
Special-status plants were not identified within the Project Site during the focused special-status plant survey conducted as part of the study in Appendix B, and, according to Section 6.1.3, Protection of Narrow Endemic Plant Species, and 6.3.2, Additional Survey Needs and Procedures of the MSHCP, the Project Site does not fall within a required survey area for special-status plants with potential to occur (Appendix B). Therefore, no impacts to special-status plants are anticipated, and with participation in the MSHCP (the City of Lake Elsinore is an MSHCP permittee), the Proposed Project will ensure no impacts to special-status plants will occur.

Special-Status Wildlife
Although two special-status wildlife species, Cooper’s hawk, and burrowing owl, were identified as having a moderate potential to occur on-site (Appendix B), the native habitat on-site to support these species is limited. The removal of 1.00 acre of river red gum groves, 0.11 acre of non-native grasses and forbs, 7.68 acres of disturbed/developed habitat is not expected to threaten regional populations and would therefore not be significant.

Critical Habitat
The Project Site does not occur within or immediately adjacent to critical habitat for any special status plant or wildlife species; therefore, there would be no impacts to critical habitat as a result of project activities.

Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) The Project Site is located within the Western Riverside County Multiple Species Habitat 58 | Page

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Conservation Plan (MSHCP) Elsinore Area Plan. The Project Site is not located in the Amphibian Survey Area, Burrowing Owl Survey Area, or Mammal Survey Area as defined by Section 6.3.2 of the MSHCP; therefore, further ensuring these impacts are not significant, any potential project impacts to wildlife habitat that might occur would be addressed through participation in the MSHCP.

Therefore, the Project would not have 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. The potential impacts associated with impacts to candidate, sensitive, or special status species would be less than significant.

Mitigation Measures: No Mitigation Measures Required.

Sources: Habitat Assessment (Appendix B)
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?
Less Than Significant Impact With Mitigation Incorporated: Scale broom scrub is a sensitive community that is present on-site and will be impacted by the Project (Appendix B). The removal of approximately 0.09 acre of scale broom scrub within Drainage 1 would be considered potentially significant. However, incorporation of Mitigation Measure BIO-1 (purchase of mitigation credits at Soquel Canyon Mitigation Bank) would reduce impacts to MSHCP riparian/riverine areas and CDFW sensitive natural communities to a less-than significant level.

Mitigation Measure BIO-1 applies only to Phase 2 of the Proposed Project as the sensitive community only occurs in the southern portion of the Project Site. A Determination of Biologically Equivalent or Superior Preservation (DBESP) report, as described in Section 6.1.2 of the MSHCP, will be prepared and will detail the existing conditions, proposed impacts, and proposed mitigation sufficient to offset impacts on scale broom scrub and MSHCP riparian/riverine areas.

A more detailed discussion can be found in the Western Riverside County Multiple Species Habitat Conservation Plan Consistency Analysis and Determination of Biologically Equivalent or Superior Preservation (ESA 2022b), under separate cover.

Mitigation Measures:

MM BIO-1 : Mitigation for the permanent removal of 0.10 acre (469 linear feet) of potential other waters of the U.S. and State subject to Sections 404 and 401 of the CWA, and 0.26 acre (469 linear feet) of potential CDFW streams and associated vegetation subject to CFGC Code Section 1600, and MSHCP riparian/riverine areas (inclusive of the 0.09 acre of scale broom scrub [a CDFW sensitive natural community]) will be addressed through the purchase of credits from the Soquel Canyon Mitigation Bank, or other agency-approved mitigation bank or in-lieu fee program, at a minimum of 1:1 impact-to-replacement ratio. BIO-1 applies only to Phase 2 of the proposed project as the sensitive natural community and MSHCP riparian/riverine habitat only occurs in 59 | Page

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the southern portion of the project site. A DBESP report, as described in Section 6.1.2 of the MSHCP, will be prepared and will detail the existing conditions, proposed impacts, and proposed mitigation sufficient to offset impacts on scale broom scrub and MSHCP riparian/riverine areas.

Sources: Habitat Assessment (Appendix B)
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?
Less Than Significant Impact:

Wetlands
Although other waters of the United States and State, and aquatic features subject to CDFW’s Section 1600 et seq. jurisdiction, are likely to be present on the site, no wetlands as defined by the Clean Water Act or the Porter-Cologne Water Quality Control Act occur on-site and therefore there will be no impacts to state or federally protected wetlands. See Section IV(b) above for an evaluation of impacts to these other waters and features and their associated riparian habitat.

Vernal Pools
As defined by Section 6.1.2 the MSHCP, vernal pools are seasonal wetlands that occur in sunken areas that have wetland soils, vegetation, and hydrology during the wetter portion of the growing season but lack hydrology and/or vegetation during the drier portion of the year. The Project Site soil types consisted of the following as identified in Appendix B:
• Arbuckle gravelly loam, 2 to 9 percent slopes, dry MLRA 19: Soils in this series are welldrained on alluvial fans. These soils developed in alluvium derived from igneous, metamorphic, and sedimentary rock. This is not a hydric soil. • Garretson gravelly very fine sandy loam, 2 to 8 percent slopes: Soils in this series are welldrained soils on alluvial fans. These soils developed in alluvium derived from metasedimentary rock. This is not a hydric soil.

Therefore, potential impacts on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: Habitat Assessment (Appendix B)
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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?
Less Than Significant Impact With Mitigation Incorporated:

Wildlife Movement
As identified in the MSHCP (Figure 3-2, Schematic Cores and Linkages Map), wildlife migration corridors do not occur within the Project Site. Additionally, the Project Site is situated in a developed portion of the city, and Drainage 1 has been heavily modified both upstream and downstream from the Project Site. As a result, the available habitat is not expected to be used for wildlife migration or dispersal, to any measurable degree. Thus, no impact to wildlife movement and/or nursery sites is expected as a result of project activities.

Nesting Birds
The Proposed Project may result in the disturbance of nesting birds (passerine and raptors) protected by the MBTA and CFGC 3503, 3503.5, and 3513. Impacts to nesting birds would be potentially significant. Incorporation of Mitigation Measure BIO-2 (nesting bird survey) would reduce impacts to nesting birds to a less-than-significant level.

Mitigation Measures
MM BIO-2: If construction is scheduled to commence during the avian nesting season (February 1–August 31), a qualified biologist should conduct a nesting bird survey within 7 days of the anticipated initial construction (clearing and grubbing of potential nesting vegetation) start date to identify any active nests within 500 feet of the Project Site. If an active nest is detected, a suitable avoidance buffer will be established by the biologist in the field. Construction activities will remain outside of the buffer until a qualified biologist determines that the nest is no longer active (e.g., chicks have fledged). Appropriate buffer distances include up to 300 feet for passerine species and up to 500 feet for raptors; however, these may be reduced at the discretion of the biologist, depending on the site-specific factors, such as the location of the nest, species tolerance to human presence, and the types of construction-related noises, vibrations, and human activities that would occur. If initial construction (clearing and grubbing) temporarily ceases for a period greater than 7 days, and activities expect to recommence during the avian nesting season, the Project Site (including surrounding 500 feet) will be resurveyed. Following the initial construction (clearing and grubbing), if there is no longer suitable habitat for nesting birds within the project area, a nesting bird survey shall no longer be required.

Sources: Habitat Assessment (Appendix B)
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e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Less Than Significant Impact: The Proposed Project would be consistent with local policies and ordinances related to biological resources. The City’s Municipal Code includes a City Tree Preservation Ordinance (Ord. 1256) that protects the City’s streetscape and trees. There are no trees growing on the Project Site. Ord. 1256 requires that a City business license be obtained prior to pruning, treating, or removing street or park trees within the City. Additionally, no species other than those included in the City’s official street tree species list would be planted without written permission of the City Tree Committee. Tree spacing, distance from curbs and sidewalks, and other aesthetic guidelines shall be followed in accordance with Ord. 1256.

Chapter 5.116, Significant Palm Trees, of the Lake Elsinore Municipal Code regulates the removal, destruction, and relocation of significant palms of five specific species (Butia capitata, Phoenix canariensis, Phoenix reclinata, Phoenix roebelenii, and Washingtonia filifera) and two palm genera (Chamaerops and Trachycarpus) that exceed 5 feet in height. No palm trees were identified within the Project Site. There are no other local policies or ordinances for the protection of other tree species that apply to the Project Site. Therefore, potential impacts associated with conflict with local policies or ordinances would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: Habitat Assessment (Appendix B), MSHCP JPR (Appendix C2), LEMC 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? Less Than Significant Impact With Mitigation Incorporated: The Project Site is located within the Western Riverside County MSHCP and lies within the Elsinore Area Plan of the MSHCP. However, the Project Site is not located within a MSHCP Criteria Area, which is comprised of individual Cells or Cell Groups identified to guide assembly of Additional Reserve Lands for the MSHCP Conservation Area. The local jurisdictions participating in the MSHCP, such as the City of Lake Elsinore, are collectively responsible for assembling approximately 97,000 acres of land for the MSHCP Conservation Area. Local acquisition of lands for the MSHCP Conservation Area are purchased by the Western Riverside County Regional Conservation Authority (RCA) from willing sellers using the Habitat Evaluation and Acquisition Negotiation Strategy (HANS) process, or other processes, such as the Joint Project/Acquisition Review (JPR) process during which the RCA and appropriate Permittee staff (i.e., City of Lake Elsinore) shall jointly review development applications that are within a Criteria Area and are submitted to a Permittee for consideration).

However, since the Project Site is not located within a MSHCP Criteria Area and is therefore not subject to the HANS process or the JPR process, the Proposed Project would not conflict with MSHCP Reserve Assembly goals.

The Project’s consistency with the MSHCP is summarized below. A more detailed discussion can be found in the Western Riverside County Multiple Species Habitat Conservation Plan 62 | Page

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Consistency Analysis and Determination of Biologically Equivalent or Superior Preservation (Appendix B).

The Project Site is not within any wildlife migration corridors identified in MSHCP Figure 3-2, Schematic Cores and Linkages Map.

With respect to the Proposed Project’s consistency with MSHCP Section 6.1.2 (Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools), the removal of approximately

0.26 acre (469 linear feet) of potential MSHCP riparian/riverine areas would be considered potentially significant (Figure 5b of Appendix B). However, incorporation of Mitigation Measure BIO-1 (purchase of mitigation credits at Soquel Canyon Mitigation Bank; applicable only during Phase 2 of the Proposed Project), the payment of development fees, and the implementation of appropriate Best Management Practices outlined in MSHCP would ensure that the project is consistent with the provisions of the MSHCP.

With respect to the Proposed Project’s consistency with MSHCP Section 6.1.3 (Protection of Narrow Endemic Plant Species) and Section 6.3.2 (Additional Survey Needs and Procedures), as stated throughout the document, the Project is not located within a Narrow Endemic Plant Species Survey Area as defined by Section 6.1.3, or Amphibian Survey Area, Burrowing Owl Survey Area, or Mammal Survey Area as defined by Section 6.3.2 of the MSHCP. Therefore, impacts to wildlife habitat would be covered through payment of the MSHCP development fees.

Section 6.1.4 of the MSHCP specifies that certain guidelines should be implemented for proposed projects located adjacent to or connected with existing conservation lands/lands described for conservation within the MSHCP Conservation Area; these include Public/Quasi-Public Land (PQP) Lands and conserved portions of the Criteria Area. The various guidelines include the management of site drainage/runoff and toxics/pollutants, grading, lighting, noise, invasive plant species, and wildlife barriers, to ensure that pre-project conditions are maintained during and following the completion of construction, to the degree feasible. The Proposed Project is not situated within, adjacent to, or connected with PQP Lands, or the Criteria Area; therefore, Section

6.1.4 of the MSHCP does not apply to this project, which would be consistent.

Mitigation Measures: MM BIO-1
Sources: Habitat Assessment (Appendix B)
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V. CULTURAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Cause a substantial adverse change in the
significance of a historical resource as defined in
§15064.5 of the California Code of Regulations?
☐ ☒ ☐ ☐
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to §15064.5 of the California Code of
Regulations?
☐ ☒ ☐ ☐
c) Disturb any human remains, including those
interred outside of formal cemeteries? ☐ ☒ ☐ ☐
A cultural resources assessment was completed to determine potential impacts to cultural resources associated with the development of the Proposed Project (Appendix C – Cultural Resources Assessment for the Evergreen Commercial Project, Riverside County, California, Paleowest Archaeology, June 2022).
a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5 of the California Code of Regulations?
Less Than Significant with Mitigation Incorporated: Public Resources Code Section 15064.5(a) defines historical resources, which includes: A resource listed in, or determined to be eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources (Pub. Res. Code §5024.1, Title 14 CCR, Section 14 CCR, Section 4850 et seq.).

The cultural resources assessment included a historical records search conducted at the Eastern Information Center (EIC). A total of 70 cultural resource studies have been conducted within a 1- mile radius of the Project area. The records search indicated that 21 cultural resources have been previously documented within 1 mile of the Project area; however, none of these resources were identified within or immediately adjacent to the Project area. The Proposed Project would be limited to the boundaries of the Project Site and would not result in any alterations to any of the previously recorded historical resources found within the Project area.

An archeologist from PaleoWest Archaeology performed an intensive pedestrian survey of the Project Site on May 14, 2021 by walking a series of parallel transects spaced at 10- to 15- meter (33- to 49-feet) intervals. The archaeologist inspected all areas within the Project Site likely to contain or exhibit sensitive cultural resources to ensure discovery and documentation of any visible, potentially significant cultural resources within the Project Site. No prehistoric or historic period cultural resources were identified during the survey. The survey, as well as a review of historic aerial imagery, indicated the Project area has been recently and likely repeatedly 64 | Page

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disturbed. The likelihood of identifying intact archaeological resources in original context is considered low.

In the event that cultural resources (including historical, archaeological, and tribal cultural resources) are inadvertently discovered during ground-disturbing activities, MM CUL-1 requires work to be halted within 100 feet of the discovery until it can be evaluated by a qualified archaeologist, the Native American tribal representative(s) from consulting tribes (or other appropriate ethnic/cultural group representative), and the Community Development Director or their designee to discuss the significance of the find. Construction activities may continue in other areas. If the discovery proves to be significant, additional work, such as data recovery excavation or resource recovery, may be warranted and would be discussed in consultation with the appropriate regulatory agency and/or tribal group. With implementation of MM CUL-1, potential impacts to historical resources would be less than significant.

Mitigation Measures:

MM CUL-1: Unanticipated Resources. The developer/permit holder or any successor in interest shall comply with the following for the life of this permit. If during ground disturbance activities, unanticipated cultural resources are discovered, the following procedures shall be followed:

1. All ground disturbance activities within 100 feet of the discovered cultural resource shall be halted until a meeting is convened between the developer, the Project Archaeologist, the Native American tribal representative(s) from consulting tribes (or other appropriate ethnic/cultural group representative), and the Community Development Director or their designee to discuss the significance of the find.

2. The developer shall call the Community Development Director or their designee immediately upon discovery of the cultural resource to convene the meeting.

3. At the meeting with the aforementioned parties, the significance of the discoveries shall be discussed, and a decision is to be made, with the concurrence of the Community Development Director or their designee, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resource.

4. Further ground disturbance shall not resume within the area of the discovery until a meeting has been convened with the aforementioned parties and a decision is made, with the concurrence of the Community Development Director or their designee, as to the appropriate mitigation measures.

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into with the appropriate tribes. This may include avoidance of cultural resources through project design, in-place preservation of cultural resources located in native soils, and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity as identified in Non-Disclosure of Reburial Location measure.

6. If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III data recovery plan shall be prepared by the Project Archeologist, in consultation with the Tribe(s), and shall be submitted to the City for their review and approval prior to implementation of the said plan.

7. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the Project Applicant and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the Community Development Director for decision. The Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe(s). Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council.” Evidence of compliance with this mitigation measure, if a significant archaeological resource is found, shall be provided to City of Lake Elsinore upon the completion of a treatment plan and final report detailing the significance and treatment finding.

Sources: Cultural Resources Assessment for the Evergreen Commercial Project, Riverside County, California, Paleowest Archaeology, June 2022 (Appendix C) b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5 of the California Code of Regulations?
Less Than Significant with Mitigation Incorporated: Archaeological sites represent the material remains of human occupation and activity either prior to European settlement (prehistoric sites) or after the arrival of Europeans (historical sites). Refer to the analysis above in Section V.a. for the results of the records search and pedestrian survey conducted for the Project Site.

The cultural resources assessment in Appendix C included a Sacred Lands File (SLF) records search from the Native American Heritage Commission (NAHC), who responded indicating that no known resources were within the project area. The City prepared consultation invitation letters 66 | Page

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to the Native American Tribes on the City’s AB 52 consultation list that were mailed on November 24, 2021. Of the Tribes notified, the Rincon Band of Luiseño Indians, Pechanga Band of Luiseño Indians, and the Soboba Band of Luiseño Indians requested formal government-to-government consultation under AB 52. A complete summary of the consultations is provided in Section XVIII, Tribal Cultural Resources.

Based on the record searches performed by the NAHC and the EIC, and results of the intensive pedestrian survey performed by Paleowest, no known archaeological resources are present on the Project Site, which has been disturbed by previous ground disturbing activities. However, the information provided by the Tribes regarding tribal cultural resources supports that the Project maintains sensitivity for subsurface tribal cultural resources to which the Tribes ascribe tribal value. In addition, the consulting tribes expressed concern that the Project area is sensitive for cultural resources and there is the possibility that previously unidentified resources might be found during ground disturbing activities.

Per Section V.a. above, MM CUL-1 has been included to address inadvertent discovery of archaeological resources during ground disturbing activities. In addition, MM CUL-2 through MM CUL-5 have been agreed upon through consultation between the City and Tribes to further address unanticipated subsurface tribal cultural resource discoveries during Project construction.

Mitigation includes preparation of a Cultural Resource Monitoring Program (CRMP) to provide monitoring by a qualified archaeologist and construction staff training, retention of tribal cultural monitoring during ground disturbing activities, and preparation of a Phase IV report after conclusion of on-site archaeological monitoring.

With implementation of MM CUL-1 through MM CUL-5, potential impacts associated with archeological resources would be less than significant.

Mitigation Measures:

MM CUL-2: Archaeologist/CRMP. Prior to issuance of grading permits, the applicant/developer shall provide evidence to the Community Development Department that a Secretary of Interior Standards qualified and certified Registered Professional Archaeologist (RPA) has been contracted to implement a Cultural Resource Monitoring Program (CRMP) that addresses the details of all activities that must be completed and procedures that must be followed regarding cultural resources associated with this project. The CRMP document shall be provided to the Community Development Director or their designee for review and approval prior to issuance of the grading permit. The CRMP provides procedures to be followed and are to ensure that impacts on cultural resources will not occur without procedures that would reduce the impacts to less than significant. These measures shall include, but shall not be limited to, the following:

Archaeological Monitor - An adequate number of qualified monitors shall be present to ensure that all earth-moving activities are observed and shall be on-site during all 67 | Page

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grading activities for areas to be monitored including off-site improvements.

Inspections will vary based on the rate of excavation, the materials excavated, and the presence and abundance of artifacts and features. The Project Archaeologist determines the frequency and location of inspections, in consultation with the Tribal monitor.

Cultural Sensitivity Training - The Project Archaeologist and a representative designated by the consulting Tribe(s) shall attend the pre-grading meeting with the contractors to provide Cultural Sensitivity Training for all Construction Personnel.

Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event unanticipated cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. This is a mandatory training, and all construction personnel must attend prior to beginning work on the Project Site. A sign-in sheet for attendees of this training shall be included in the Phase IV Monitoring Report.

Unanticipated Resources - In the event that previously unidentified potentially significant cultural resources are discovered, the Archaeological and/or Tribal Monitor(s) shall have the authority to divert or temporarily halt ground disturbance operations in the area of discovery to allow evaluation of potentially significant cultural resources. The Project Archaeologist, in consultation with the Tribal monitor(s) shall determine the significance of the discovered resources. The Community Development Director or their designee must concur with the evaluation before construction activities will be allowed to resume in the affected area. Before construction activities are allowed to resume in the affected area, the artifacts shall be recovered, and features recorded using professional archaeological methods.

Phase IV Report - A final archaeological report shall be prepared by the Project archaeologist and submitted to the Community Development Director or their designee prior to grading final. The report shall follow County of Riverside requirements and shall include at a minimum: a discussion of the monitoring methods and techniques used; the results of the monitoring program including any artifacts recovered; an inventory of any resources recovered; updated DPR forms for all sites affected by the development; final disposition of the resources including GPS data; artifact catalog and any additional recommendations. A final copy shall be submitted to the City, Project Applicant, the Eastern Information Center (EIC), and the Tribe.

MM CUL-3: Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:

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with the tribes. Evidence of such shall be provided to the Community Development Department:

1. Preservation-In-Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources.

2. Relocation of the resources on the Project property. The measures for relocation shall include, at least, the following: Measures and provisions to protect the future reburial area from any future impacts by means of a deed restriction or other form of protection (e.g., conservation easement) in order to demonstrate avoidance in perpetuity.

Relocation shall not occur until all legally required cataloging and basic recordation have been completed, with an exception that sacred items, burial goods and Native American human remains are excluded. Any reburial process shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase IV report. The Phase IV Report shall be filed with the City under a confidential cover and not subject to Public Records Request.

3. If preservation in place or reburial is not feasible then the resources shall be curated in the culturally sensitive matter at a Riverside County curation facility that meets State Resources Department of Office of Historic Preservation Guidelines for the Curation of Archaeological Resources ensuring access and use pursuant to the Guidelines. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation. Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that all fees have been paid, shall be provided by the landowner to the City. There shall be no destructive or invasive testing on sacred items, burial goods and Native American human remains. Results concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report. Evidence of compliance with this mitigation measure, if a significant archaeological resource is found, shall be provided to the City of Lake Elsinore upon completion of a treatment plan and final report detailing the significance and treatment of finding.

MM CUL-4: Tribal Monitoring. Prior to the issuance of a grading permit, at least 30 days prior to the issuance, the applicant shall contact the consulting Native American Tribe(s) that have requested monitoring through consultation with the City during the AB 52 and/or the SB 18 process (“Monitoring Tribes”). The applicant shall coordinate with 69 | Page

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the Tribe(s) to develop individual Tribal Monitoring Agreement(s). A copy of the signed agreement(s) shall be provided to the City of Lake Elsinore Community Development Department, Planning Division prior to the issuance of a grading permit.

The Agreement shall address the treatment of any known tribal cultural resources (TCRs) including the project’s approved mitigation measures and conditions of approval; the designation, responsibilities, and participation of professional Tribal Monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains/burial goods discovered on the site per the Tribe(s) customs and traditions and the City’s mitigation measures/conditions of approval. The Tribal Monitor will have the authority to stop and redirect grading in the immediate area of a find in order to evaluate the find and determine the appropriate next steps, in consultation with the Project archaeologist.

MM CUL-5: Phase IV Report. Upon completion of the implementation phase, a Phase IV Cultural Resources Monitoring Report shall be submitted that complies with the Riverside County Planning Department's requirements for such reports for all ground disturbing activities associated with this grading permit. The report shall follow the County of Riverside Planning Department Cultural Resources (Archaeological) Investigations Standard Scopes of Work posted on the County website. The report shall include results of any feature relocation as well as evidence of the required cultural sensitivity training for the construction staff held during the required pregrade meeting. Once the report is determined to be adequate, two (2) copies shall be submitted to Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Monitoring Tribes.

Sources: Cultural Resources Assessment for the Evergreen Commercial Project, Riverside County, California, Paleowest Archaeology, June 2022 (Appendix C) c) Disturb any human remains, including those interred outside of formal cemeteries? Less Than Significant with Mitigation Incorporated: Based on an analysis of records and archaeological survey of the property, it has been determined that the Project Site does not include a formal cemetery or any known archaeological resources that might contain interred human remains. Procedures of conduct following the discovery of human remains on non-federal lands have been mandated by California Health and Safety Code (CHSC) §7050.5, PRC §5097.98 and the California Code of Regulations (CCR) §15064.5(e). According to the provisions in CEQA, should human remains be encountered, all work in the immediate vicinity of the burial must cease, and any necessary steps to ensure the integrity of the immediate area must be taken. The County Coroner would be immediately notified. The Coroner must then determine whether the remains are Native American. If the Coroner determines the remains are Native American, the Coroner has 24 hours to notify the Native American Heritage Commission (NAHC), who would, in turn, notify the person they identify as the most likely descendent (MLD) of any human remains. 70 | Page

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Further actions would be determined, in part, by the desires of the MLD. The MLD has 48 hours from being allowed access to the Project Site to make recommendations regarding the disposition of the remains following notification from the NAHC of the discovery. If the MLD does not make recommendations within 48 hours, the owner shall, with appropriate dignity, reinter the remains in an area of the property secure from further disturbance. Alternatively, if the owner does not accept the MLD’s recommendations, the owner or the descendent may request mediation by the NAHC. Thus, with adherence to existing regulatory requirements and implementation of mitigation measures MM CUL-6 and MM Cul-7, the Project is not anticipated to disturb any human remains. Therefore, impacts are less than significant with mitigation.

Mitigation Measures:

MM CUL-6: Discovery of Human Remains. In the event that human remains (or remains that may be human) are discovered at the Project Site during grading or earthmoving, the construction contractors, project archaeologist and/or designated Native American Monitor shall immediately stop all activities within 100 feet of the find.

The project applicant shall then inform the Riverside County Coroner and the City of Lake Elsinore Community Development Department immediately, and the coroner shall be permitted to examine the remains as required by California Health and Safety Code Section 7050.5(b). Section 7050.5 requires that excavation be stopped in the vicinity of discovered human remains and that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. If human remains are determined to be Native American, the applicant shall comply with the state law relating to the disposition of Native American burials that fall within the jurisdiction of the NAHC (PRC Section 5097). The coroner shall contact the NAHC within 24 hours and the NAHC will make the determination of most likely descendant. The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resource Code Section 5097.98. In the event that the applicant and the MLD are in disagreement regarding the disposition of the remains. State law will apply, and the mediation process will occur with the NAHC, if requested (see PRC Section 5097.98(e) and 5097.94(k)).

According to the California Health and Safety Code, six or more human burial at one location constitutes a cemetery (Section 81 00), and disturbance of Native American cemeteries is a felony (Section 7052).

MM CUL-7: Non-Disclosure of Reburial Location. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r), parties, and Lead Agencies, will be asked to withhold public disclosure information related to 71 | Page

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such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r).

Sources: Cultural Resources Assessment for the Evergreen Commercial Project, Riverside County, California, Paleowest Archaeology, June 2022 (Appendix C) 72 | Page

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VI. ENERGY
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Result in potentially significant
environmental impact due to wasteful, inefficient,
or unnecessary consumption of energy resources,
during project construction or operation?
☐ ☐ ☒ ☐
b) Conflict with or obstruct a state or local plan
for renewable energy or energy efficiency? ☐ ☐ ☒ ☐
An energy resources analysis was completed to determine potential impacts to energy resources associated with the development of the Proposed Project (Appendix D – Evergreen Development Energy Assessment, JK Consulting Group, December 21, 2021).

The Proposed Project would impact energy resources during construction and operation. Energy resources that would be potentially impacted include electricity, natural gas, and petroleumbased fuel supplies and distribution systems. a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less Than Significant Impact:

Construction Energy
The construction activities for the Proposed Project would include grading of the Project Site, building construction and application of architectural coatings to the proposed buildings, and paving of the proposed parking lot and driveways. The Proposed Project would consume energy resources during construction in three (3) general forms:

1. Petroleum-based fuels used to power off-road construction vehicles and equipment on the Project Site, construction worker travel to and from the Project Site, as well as delivery and haul truck trips (e.g., hauling of demolition material to off-site reuse and disposal facilities);

2. Electricity associated with the conveyance of water that would be used during Project construction for dust control (supply and conveyance) and electricity to power any necessary lighting during construction, electronic equipment, or other construction activities necessitating electrical power; and,

3. Energy used in the production of construction materials, such as asphalt, steel, concrete, pipes, and manufactured or processed materials such as lumber and glass. 73 | Page

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Construction-Related Electricity
During construction, the Proposed Project would consume electricity to construct the new building and infrastructure. Electricity would be supplied to the Project Site by Southern California Edison and would be obtained from the existing electrical lines in the vicinity of the Project Site. Electricity consumed during project construction would vary throughout the construction period based on the construction activities being performed. Various construction activities include electricity associated with the conveyance of water that would be used during project construction for dust control (supply and conveyance) and electricity to power any necessary lighting during construction, electronic equipment, or other construction activities necessitating electrical power. Such electricity demand would be temporary, nominal, and would cease upon the completion of construction. Overall, construction activities associated with the Proposed Project would require limited electricity consumption that would not have an adverse impact on available electricity supplies and infrastructure. Therefore, the use of electricity during project construction would not be wasteful, inefficient, or unnecessary.

Since the Project Site already has electrical service, it is anticipated that only nominal improvements would be required to Southern California Edison distribution lines and equipment with development of the Proposed Project. Where feasible, the new service installations and connections would be scheduled and implemented in a manner that would not result in electrical service interruptions to other properties. Compliance with City’s guidelines and requirements would ensure that the Proposed Project fulfills its responsibilities relative to infrastructure installation, coordinates any electrical infrastructure removals or relocations, and limits any impacts associated with grading, construction, and development. Construction of the Proposed Project’s electrical infrastructure is not anticipated to adversely affect the electrical infrastructure serving the surrounding uses or utility system capacity.

Construction-Related Natural Gas
Construction of the Proposed Project would not involve the consumption of natural gas. Natural gas would not be supplied to support construction activities, so there would be no demand generated by construction. Since the Project Site is in a developed community that has natural gas line in the vicinity of the Project Site, construction of the Proposed Project would be limited to installation of new natural gas connections within the Project Site if any are required for the Proposed Project. Development of the Proposed Project would not require extensive infrastructure improvements to serve the Project Site. Construction-related energy usage impacts associated with the installation of natural gas connections are expected to be confined to trenching in order to place the lines below surface. In addition, prior to ground disturbance, the Proposed Project would notify and coordinate with SoCalGas to identify the locations and depth of all existing gas lines and avoid disruption of gas service. Therefore, construction-related impacts to natural gas supply and infrastructure would be less than significant. 74 | Page

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Construction-Related Petroleum Fuel Use
Petroleum-based fuel usage represents the highest amount of transportation energy potentially consumed during construction, which would be utilized by both off-road equipment operating on the Project Site and on-road automobiles transporting workers to and from the Project Site and on-road trucks transporting equipment and supplies to the Project Site.

The off-road construction equipment fuel usage was calculated through use of the off-road equipment assumptions and fuel use assumptions detailed in Appendix D and is provided in Table 5 – Project Construction Energy Consumption.

Table 5 – Project Construction Energy Consumption
Activity Variable Consumption Rate Total Consumption
Construction Equipment -
Diesel
Equipment Use - hp-hr 0.05 gallons / hphr 16,642 gallons (diesel) Hours of Use 145 hours
Construction Worker VMT VMT = 63,004
mpg = 19.36
3,255 gallons
(gasoline)
Construction Vendor VMT VMT = 12,420
mpg = 7.44 1,670 gallons (diesel)
Construction activities associated with the Proposed Project would be required to adhere to all State and SCAQMD regulations for off-road equipment and on-road trucks, which provide minimum fuel efficiency standards. Construction activities for the Proposed Project would not result in the wasteful, inefficient, and unnecessary consumption of energy resources because of the State and SCAQMD regulations. Therefore, potential impacts regarding transportation energy would be less than significant.

Development of the Proposed Project would not result in the need to manufacture construction materials or create new building material facilities specifically to supply the Proposed Project. It is difficult to measure the energy used in the production of construction materials such as asphalt, steel, and concrete; however, it is reasonable to assume that the production of building materials such as concrete, steel, etc., would employ all reasonable energy conservation practices in the interest of minimizing the cost of doing business. Therefore, potential impacts due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction would be less than significant.

Operational Energy
The on-going operation of the 57,254 square foot (SF) commercial center that consists of an anchor grocery store, several quick-serve restaurants, a gas station with a convenience store, and a separate drive-through car wash, over a total of 8.863 acres, would require the use of energy resources for multiple purposes including, but not limited to, gas pumps, heating/ventilating/air conditioning (HVAC), refrigeration, lighting, appliances, and electronics. Energy would also be 75 | Page

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consumed during operations related to water usage, solid waste disposal, landscape equipment and vehicle trips. A summary of potential energy use is provided in Table 6 – Project Operational Energy Consumption Summary, and the discussion follows below.

Table 6 – Project Operational Energy Consumption Summary Land Use Electricity Use
(kWh/year)
Natural Ga
(kBtu/year)
Vehicle Gasoline
(gallons/year)
4,116 sq. ft. Car Wash 40,870 133,200 53,675
4,088 sq. ft. Convenience Store /
Gasoline Service Station 49,653 8,998 78,709
3,000 sq. ft. Quick Serve
Restaurant w/ Drive-Through
Window
138,480 817,980 80,221
3,000 sq. ft. Quick Serve
Restaurant w/ Drive-Through
Window
138,480 817,980 23,264
43,050 sq. ft. Grocery Store 1,566,160 823,547 368,010
PROJECT TOTAL 1,933,643 2,601,705 660,835
STATE CONSUMPTION (2019)1 279,510,000,000 2,217,200,000,000 18,086,109,398

PROJECT PERCENTAGE OF
STATEWIDE CONSUMPTION 0.0007% 0.0001% 0.0037%
Source: CalEEMod 2020.4.0 / EMFAC 2021 Notes:
kWh = Kilowatt hours
Btu = British thermal units
1 - State Electricity Use (C EC ) / State Natural Gas Use (US EIA) / State Gasoline Use (EMFAC 2021) Operations-Related Electricity
Operation of the Proposed Project would result in consumption of electricity at the Project Site.

Appendix E determines the Proposed Project would consume 1,933,643 kilowatt-hours per year of electricity. The Proposed Project would comply with all Federal, State, and City requirements related to the consumption of electricity, including but not limited to, CCR Title 24, Part 6 Building Energy Efficiency Standards and CCR Title 24, Part 11: California Green Building Standards. The CCR Title 24, Part 6 and Part 11 standards require numerous energy efficiency measures to be incorporated into the proposed buildings, including enhanced insulation, use of energy efficient lighting and appliances as well as requiring a variety of other energy-efficiency measures to be incorporated into all of the proposed structures. Therefore, the Proposed Project would be designed and built to minimize electricity use and that existing and planned electricity capacity and electricity supplies would be enough to support the Proposed Project’s electricity demand and impacts related to electrical supply and infrastructure capacity would be less than significant.

Operations-Related Natural Gas
Operation of the Proposed Project would result in increased consumption of natural gas at the Project Site. As detailed in Appendix D, the Proposed Project would consume 2,601,705 MBTU 76 | Page

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per year of natural gas. The Proposed Project would comply with all Federal, State, and City requirements related to the consumption of natural gas, including but not limited to, CCR Title 24, Part 6 Building Energy Efficiency Standards and CCR Title 24, Part 11: California Green Building Standards. The CCR Title 24, Part 6 and Part 11 standards require numerous energy efficiency measures to be incorporated into the proposed structures, including enhanced insulation as well as use of efficient natural gas appliances and HVAC units. Therefore, it is anticipated the Proposed Project would be designed and built to minimize natural gas use and that existing and planned natural gas capacity and natural gas supplies would be sufficient to support the Proposed Project’s natural gas demand and impacts related to natural gas supply and infrastructure capacity would be less than significant.

Operations-Related Transportation Energy
Operation of the Proposed Project would result in increased consumption of petroleum-based fuels related to vehicular travel to and from the Project Site. Appendix D states the Proposed Project would consume 660,835 gallons of transportation fuel per year. The Proposed Project would comply with all Federal, State, and City requirements related to the consumption of transportation energy, including but not limited to, California Code of Regulations Title 24, Part 11 California Green Building Standards which require all new parking lots provide preferred parking for clean air vehicles. Therefore, the Proposed Project would be designed and built to minimize transportation energy through the promotion of the use of electric-powered vehicles and it is anticipated existing and planned capacity and supplies of transportation fuels would be sufficient to support the Proposed Project’s demand and impacts related to transportation energy supply and infrastructure capacity would be less than significant.

The Proposed Project would comply with regulatory compliance measures outlined by the State and City related to Air Quality, Greenhouse Gas Emissions (GHG), Transportation/Circulation, and Water Supply. Additionally, the Proposed Project would be constructed in accordance with all applicable City Building and Fire Codes which require efficiency and energy conservation.

Therefore, potential impacts associated with the wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: Evergreen Development Energy Assessment, JK Consulting Group, December 21, 2021 (Appendix D).
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less Than Significant Impact: The Proposed Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency.

The Project is subject to CCR, Title 24 building standards. Compliance with Title 24 of the CCR would improve energy efficiency and consumption. In addition, the Project will acquire electricity 77 | Page

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through the local utility (Southern California Edison) which is subject to the guidelines provided in California Senate Bill 100 (SB 100). SB 100 expedited and expanded the Renewable Portfolio Standard (RPS) program (SB 1078), which obliged utilities to grow renewable generation by at least one percent of sales every year, with a 20 percent target by 2017. SB 100 mandates that a 50% RPS be achieved by December 31, 2026, and a 60% RPS by December 31, 2030. SB 100 also established a new statewide policy target of supplying 100 percent of electricity retail sales and 100 percent of power procured to serve all state agencies by December 31, 2045, using qualifying renewable energy and zero-carbon resources.

As required by California law, city and county General Plans contain a Land Use Element that details the types and quantities of land uses that the city or county estimates will be needed for future growth, and that designate locations for land uses to regulate growth. The Southern California Association of Governments (SCAG) uses the growth projections and land use information in adopted general plans to estimate future average daily trips and then VMT, which are then provided to the South Coast AQMD to estimate future emissions in the Air Quality Plan (AQPs). Existing and future pollutant emissions and energy consumption computed in the AQP are based on land uses from area general plans. AQPs detail the control measures and emission reductions required for reaching attainment of the air standards.

The applicable energy plan for the Proposed Project is the City of Lake Elsinore General Plan, adopted December 13, 2011. The Project’s consistency with the City’s General Plan is summarized in Table 7 – Proposed Project Compliance with Applicable General Plan Energy Policies.
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Table 7 – Proposed Project Compliance with Applicable General Plan Energy Policies Policy
No. General Plan Policy Proposed Project Implementation Actions

12.1 Coordinate with the utility agencies to provide for the continued maintenance, development and expansion of
electricity, natural gas, and telecommunications
systems to serve residents and businesses.

Consistent. The project applicant has
received “Will Serve” letters from Southern
California Edison and SoCal Gas verifying
that the energy utilities are able to
accommodate the additional demand for
service.

12.2 Encourage developers to contact Southern California Edison early in their planning process, especially for
large-scale residential and non-residential development or specific plans, to ensure the projected electric loads for these projects are factored into SCE’s load forecasts for the community.

Consistent. The project applicant has
informed Southern California Edison of the
Proposed Project. The projected electric
loads for these projects are factored into
SCE’s load forecasts for the community.

12.3 Encourage developers to incorporate energy efficient design measures into their projects and pursue
available energy efficiency assistance programs from
SCE and other utility agencies
Consistent. The Proposed Project is
required to be designed to meet the Title 24
Part 6 Building Energy Efficiency Standards
that require the incorporation of energy
efficient building features. The City requires
a Title 24 report to be completed that
shows compliance with the current Title 24
requirements, prior to issuance of a building
permit.

Source: City of Lake Elsinore, 2011.

As shown in Table 7, the Proposed Project would be consistent with all applicable energy-related policies from the General Plan. Therefore, potential impacts associated with obstructing a state or local plan for renewable energy or energy efficiency would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: Evergreen Development Energy Assessment, JK Consulting Group, December 21, 2021 (Appendix D) and General Plan (2011).
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VII. GEOLOGY AND SOILS
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Directly or indirectly cause to potential
substantial adverse effects, including the risk of
loss, injury, or death involving:
i. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map, issued by the
State Geologist for the area or based on
other substantial evidence of a known fault?
Refer to Division of Mines and Geology
Special Publication 42.
☐ ☐ ☒ ☐
ii. Strong seismic ground shaking? ☐ ☐ ☒ ☐
iii. Seismic-related ground failure, including
liquefaction? ☐ ☐ ☒ ☐
iv. Landslides? ☐ ☐ ☒ ☐
b) Result in substantial soil erosion or the loss of
topsoil? ☐ ☐ ☒ ☐
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in onor off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
☐ ☐ ☒ ☐
d) Be located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code (1994),
creating substantial direct or indirect risks to life
or property?
☐ ☐ ☒ ☐
e) Have soils incapable of adequately supporting
the use of septic tanks or alternative wastewater
disposal systems where sewers are not available
for the disposal of wastewater?
☐ ☐ ☐ ☒
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
☐ ☐ ☒ ☐
A Geotechnical Feasibility Study was completed to determine potential impacts to geology and soils associated with the development of the Proposed Project (Appendix E - Geotechnical Engineering Investigation With Geologic Hazard Study, Salem Engineering Group, Inc., April 22, 2021).
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a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

Less Than Significant Impact: The Project Site is in Southern California, a seismically active area and susceptible to the effects of seismic activity include rupture of earthquake faults. The proposed development site lies outside of any Alquist Priolo Special Studies Zone, and no active faults with the potential for surface fault rupture are known to pass directly beneath the site (Appendix D). Structures proposed for the Project Site would be constructed to the standards prescribed by the California Building Code (CBC), which would reduce risks associated with seismic activity. The CBC provides procedures for earthquake resistant structural design that include considerations for on-site soil conditions, occupancy, and the configuration of the structure including the structural system and height. Local codes are permitted to be more restrictive than Title 24 but are required to be no less restrictive. The CBC is designed and implemented to improve building safety, sustainability, and consistency, and to integrate new technology and construction methods to construction projects throughout California. Moreover, the City of Lake Elsinore Building and Safety permitting process would ensure that all required CBC seismic safety measures are incorporated into the building. Therefore, potential impacts associated with rupture of a known earthquake fault would be less than significant and no mitigation would be required.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan and Geotechnical Engineering Investigation With Geologic Hazard Study, Salem Engineering Group, Inc., April 22, 2021 (Appendix E) ii) Strong seismic ground shaking?
Less Than Significant Impact: The Project Site is situated in a seismically active area that has historically been affected by moderate to occasionally high levels of ground motion. The Project Site lies in relative close proximity to several seismically active faults including the Elsinore Fault (2 miles from the Project Site) and the Chino fault, approximately 16.2 miles from the Project Site; therefore, during the life of the proposed improvements, the City and surroundings also have the potential to experience significant ground shaking as a result of seismic activity on a number of the Peninsular Ranges’ other active faults as shown in Section 3.11 - Geology & Soils of the Lake Elsinore General Plan EIR.

Soils on site are classified as Site Class D in accordance with Chapter 16 of the California Building Code. The proposed structures are determined to be in Seismic Design Category D. The Proposed Project would be designed and constructed in accordance with seismic design requirements of 81 | Page

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the current California Building Code (CBC), which would address potential impacts related to potential ground shaking. Therefore, potential impacts associated with strong seismic ground shaking would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan and Geotechnical Engineering Investigation With Geologic Hazard Study, Salem Engineering Group, Inc., April 22, 2021 (Appendix E) iii) Seismic-related ground failure, including liquefaction? Less Than Significant Impact Liquefaction is the loss of strength in cohesionless, saturated soils when the pore-water pressure induced in the soil by a seismic event becomes equal to or exceeds the overburden pressure. The primary factors which influence the potential for liquefaction include groundwater table elevation, soil type and grain size characteristics, relative density of the soil, initial confining pressure, and intensity and duration of ground shaking. The depth within which the occurrence of liquefaction may impact surface improvements is identified as the upper 50 feet below the existing ground surface. Liquefaction potential is greater in saturated, loose, poorly graded fine sands. Clayey soils or soils which possess clay particles in excess of 20-percent are not considered to be susceptible to liquefaction, nor are those soils which are above the historic static groundwater table.

According to Appendix E, groundwater was encountered at the Project Site at a depth of approximately 29 feet below ground surface. The historically highest groundwater is estimated to be at a depth of 20 feet below ground surface based on the County of Riverside Geologic Hazards Map (2004) and regional groundwater data. The Riverside County Office of Information Technology GIS website shows the subject site to be in a very high liquefaction potential area.

The analysis in Appendix E included a liquefaction analysis which indicated that the on-site soils had a moderate potential for liquefaction and that the total liquefaction-induced settlement was calculated to be 1.42 inches. Differential settlement is estimated to be 0.71 inches over a horizontal distance of 40 feet. The Proposed Project design will utilize a shallow foundation system, which would not reach the liquefiable soil layer. Additionally, the Property Owner/Developer would grade the Project Site according to the recommendations specified by the Proposed Project’s Licensed Geotechnical Engineer and construct the development to the standards prescribed by the California Building Code (CBC), as amended by the City, which would reduce risks associated with liquefaction. Therefore, potential impacts to people or structures from liquefaction shaking would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: Sources: General Plan and Geotechnical Engineering Investigation With Geologic Hazard Study, Salem Engineering Group, Inc., April 22, 2021 (Appendix E) 82 | Page

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iv) Landslides?
Less Than Significant Impact: Landslides result from the downward movement of earth or rock materials that have been influenced by gravity. In general, landslides occur due to various factors including steep slope conditions, erosion, rainfall, groundwater, adverse geologic structure, and grading impacts. The Project Site is flat and is surrounded by similar topography and no significant slopes are proposed as part of the Proposed Project’s design. The Project Site is on a gently (less than 5%) sloping grade, over 3/4 mile from the nearest significant topographic change.

Landslide/slope instability/rock fall issues pose a very low risk. Due to the site’s distance from significant topography, topography-related debris flows are a low risk. Therefore, potential impacts associated with landslides would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: Sources: General Plan and Geotechnical Engineering Investigation With Geologic Hazard Study, Salem Engineering Group, Inc., April 22, 2021 (Appendix E) b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact: The Project Site is previously disturbed and unimproved. During Project construction when soils are exposed, temporary soil erosion may occur, which could be exacerbated by rainfall. To control the potential for soil erosion, wind, dust, and water quality impacts, the Proposed Project is required to comply with SCAQMD rules relating to dust control (such as SCAQMD Rule 403) and rules to protect water quality including preparing a Stormwater Pollution Prevention Plan (SWPPP) to be approved by the Regional Water Quality Control Board (RWQCB). Additionally, all construction and grading activities would comply with City’s grading ordinance (LEMC 15.04) using BMPs, including the use of fiber rolls, street sweeping, sandbag barriers, straw bale barriers, and storm drain inlet protection. The Proposed Project would implement BMPs to control project runoff and protect water quality, which would limit operational impacts as a result of the Proposed Project. Upon project completion, the Project Site would be developed with a commercial center that includes buildings, paved surfaces, and landscaping, which would prevent substantial erosion from occurring. Therefore, potential impacts associated with soil erosion would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: LEMC, Preliminary Water Quality Management Plan, Evergreen Development – Cambern & Central, DRC Engineering Inc., July 26, 2022 (Appendix G) 83 | Page

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c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
Less Than Significant Impact: Lateral spreading is caused by the lateral displacement of surficial blocks of sediment, as a result of liquefaction in subsurface layers. Lateral spreading is associated with areas prone to liquefaction. The Project Site has a moderate liquefaction susceptibility (Appendix E). The Project Site is flat and there is no substantial slope. The Riverside County Office of Information Technology GIS website shows the subject site to be in a susceptible subsidence potential area (Figure 7, Subsidence Potential Map). However, based on the existence of medium dense to very dense silty sand with various amounts of clay and gravel, stiff to hard sandy silt with various amounts of clay, and hard weathered siltstone/claystone, subsidence potential is considered minimal. Soil samples collected from surface to the proposed foundation depths are considered to have a very low to low expansion potential, and the sample tested returned and Expansion Index value of 15.

Based on the geotechnical analysis in Appendix E, undocumented fill materials are anticipated to be present onsite within the northwest portion of the Project Site, which was formerly excavated for use as a clay pit and regraded to its current condition, although no undocumented fill was encountered in the geotechnical borings performed during the field investigation conducted for the geotechnical study (Appendix E).

The Proposed Project would be constructed in compliance with the recommendations in the geotechnical feasibility study and the CBC. Therefore, potential impacts associated with unstable soil would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan and Geotechnical Engineering Investigation With Geologic Hazard Study, Salem Engineering Group, Inc., April 22, 2021 (Appendix E) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less than Significant Impact: As described in V.VII(15)(a.), Expansive soils have a significant amount of clay particles which can give up water (shrink) or take on water (swell). The change in volume exerts stress on buildings and other loads placed on these soils. Expansive soils can be widely dispersed and can be found in hillside areas as well as low-lying alluvial basins. Expansion testing and mitigation are required by current County grading and building codes. Special engineering designs are used effectively to alleviate problems caused by expansive soils.

Appendix E includes a site-specific analysis on expansive soils for the Project Site. Test data in this geotechnical report show that soil samples consolidated from approximately 4 to 12 percent after a maximum 12.8 ksf load. Hydroconsolidation (collapse upon wetting) at a load of 1.6 ksf 84 | Page

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was approximately 2.5 to 3 percent for two of the samples at a load of 1.6 ksf, one sample expanded approximately 0.4 percent. The potential for collapse should be considered moderate.

Soil samples collected from surface to the proposed foundation depths are considered to have a very low to low expansion potential, and the sample tested returned and Expansion Index value of 15. Compliance with the California Building Code (CBC) is a standard practice and would be required by the City of Lake Elsinore Department of Building and Safety, which would include staff review of the site-specific geotechnical report to ensure the recommendations outlined in Appendix E are implemented. Therefore, potential impacts associated with expansive soils would be less than significant and no mitigation would be required.

Mitigation Measures: No mitigation measures are required.

Sources: Geotechnical Engineering Investigation With Geologic Hazard Study, Salem Engineering Group, Inc., April 22, 2021 (Appendix E)
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact: The Proposed Project would not involve the installation of septic tanks or alternative wastewater disposal systems. Therefore, no impacts to soils associated with septic tanks or alternative wastewater disposal systems would occur, and no mitigation would be required.

Mitigation Measures: No mitigation measures are required.

Sources: Project Description
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Less Than Significant Impact: Paleontological resources are the fossilized biotic remains of ancient environments. They are valued for the information they yield about the history of the earth and its past ecological settings. Riverside County has been inventoried for geologic formations known to potentially contain paleontological resources. Lands with high, low, or undetermined potential for finding paleontological resources are mapped within the City of Lake Elsinore General Plan, Figure 4.6 of the Resource Protection and Preservation Element1.

According to the General Plan, the Proposed Project is located within a paleontological sensitivity area of low potential. There are no unique geologic features on the Project Site and the possibility of finding buried paleontological deposits on-site is very low. Therefore, potential impacts to a unique paleontological resource or unique geologic feature would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: City of Lake Elsinore General Plan, Chapter 4, Resource Protection and Preservation, Figure 4.6 1 http://www.lake-elsinore.org/home/showdocument?id=7298 85 | Page

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VIII. GREENHOUSE GAS EMISSIONS
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
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?
☐ ☐ ☒ ☐
A Greenhouse Gas Emissions Impact Analysis was completed to determine potential impacts to greenhouse gas emissions associated with the development of the Proposed Project (Appendix A - Air Quality and Greenhouse Gas Assessment, Proposed Commercial Development SE Corner of Cambern Ave and Central Ave, Lake Elsinore, Salem Engineering Group, May 20, 2022). The results of the analysis are based on CalEEMod version 2020.4.0. CalEEMod is a statewide land use emissions computer model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify criteria pollutants and GHG emissions associated with construction and operations from a variety of land use projects.

Construction Emissions
Construction activities associated with the Proposed Project would result in emissions of CO2 and CH4 from construction activities. The report in Appendix A contains detailed information regarding construction activity.

For construction phase project emissions, GHGs are quantified and amortized over the life of the Proposed Project. To amortize the emissions over the life of the Proposed Project, the SCAQMD recommends calculating the total greenhouse gas emissions for the construction activities, dividing it by a 30- year project life then adding that number to the annual operational phase GHG emissions. Construction emissions were amortized over a 30-year period and added to the annual operational phase GHG emissions.

Operations Emissions
Operational activities associated with the Proposed Project would result in emissions of CO2, CH4, and N2O from the following primary sources:
• Area Source Emissions (e.g., Landscape maintenance equipment) • Energy Source Emissions (e.g., Combustion emissions)
• Mobile Source Emissions (e.g., Vehicles)
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• Solid Waste
• Water Supply, Treatment and Distribution
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Less Than Significant Impact: The Proposed Project would not generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment. The Proposed Project consists of construction of a 57,254 SF commercial center that consists of an anchor grocery store, several quick-serve restaurants, a gas station with a convenience store, and a separate drive-through car wash, which would be constructed in two phases over a total of 8.863 acres.

The City of Lake Elsinore has not adopted its own numeric threshold of significance for determining impacts with respect to greenhouse gas (GHG) emissions. In the absence of any applicable adopted numeric threshold, the significance of the Project’s GHG emissions was evaluated in Appendix A consistent with CEQA Guidelines Section 15064.4(b) by considering whether the Project is consistent with applicable regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of greenhouse gas emissions. For this Project, as a land use development project, the most directly applicable adopted regulatory plan to reduce GHG emissions is the City of Lake Elsinore Climate Action Plan.

Adopted on December 13, 2011, the City of Lake Elsinore’s Climate Action Plan (CAP) is a longrange plan to reduce local greenhouse gas emissions that contribute to climate change (Lake Elsinore 2011). The CAP includes an inventory of existing GHG emissions and projects future emissions trends. The CAP also describes local GHG emissions targets for the years 2020 and 2030, and strategies and measures to achieve the targets.

The Proposed Project would generate an estimated total of 676.0465 metric tons of CO2e emissions during construction. The SCAQMD recommends amortizing construction emissions over a period of 30 years to estimate the contribution of construction emissions to operational emissions over the project lifetime. Amortized over 30 years, the construction of the project would generate approximately 22.5349 metric tons of CO2e on an annualized basis. Based on the results of the CalEEMod Model, the project would generate a total of 3,802.3747 metric tons of CO2e emissions annually from operations. By adding the amortized construction emissions results with the operational annual CO2e emissions the project would produce 3,824.91 metric tons over a 30-year period.

The Project proposes 57,254 square feet of commercial use thereby resulting in approximately 91 new employees at the site per SCAG’s commercial employee generation rates. Based on the estimated number of employees, the project would produce 42.03 MT of CO2e per service population per year, which is higher than the City’s efficiency-based target of 4.4 MT of CO2e per service population per year in the CAP.
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According to the CAP, if projects are consistent with General Plan and CAP Consistency Checklist, then the project is consistent with the CAP and the environmental review pertaining to GHG impacts may be streamlined as allowed by CEQA Guidelines Sections 15152 and 15183.5” (City of Lake Elsinore 2011a).Per the guidelines, a lead agency may determine that a project’s incremental contribution to a cumulative effect is not cumulatively considerable if the project complies with the requirements in a previously adopted plan. Since the Proposed Project complies with the adopted CAP, no additional analysis is required under CEQA to make a finding of less than significant impact.

The Project was determined to be consistent with the CAP Checklist, as discussed in VIII(b) below.

Therefore, potential impacts associated with greenhouse gas emissions would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: Sources: Air Quality and Greenhouse Gas Assessment, Proposed Commercial Development SE Corner of Cambern Ave and Central Ave, Lake Elsinore, Salem Engineering Group, May 20, 2022 (Appendix A)
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Less Than Significant Impact: The Proposed Project would not conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing GHG emissions. In 2006, California adopted AB 32, which requires the state to reduce statewide GHG emissions to 1990 levels by 2020, a reduction target that was introduced in EO S-3-05. In 2016, California adopted SB 32, which requires the state to reduce statewide GHG emissions to 40 percent below 1990 levels by 2030, a reduction target that was introduced in EO B-30-15. AB 32 and SB 32 codified state targets and directed state regulatory agencies to develop rules and regulations to meet the targets; AB 32 and SB 32 do not stipulate project-specific requirements. Specific requirements are codified in rules and regulations developed by regulatory agencies such as CARB and SCAQMD, and local City actions such as the City of Lake Elsinore CAP.

The City’s CAP, adopted in 2011, certified that the City’s target is consistent with AB 32’s 2020 goals. The City CAP ensures that the City will be providing local GHG reductions that will complement state efforts to reduce GHG emissions to the AB 32 target. The Proposed Project would not conflict with the applicable CAP reduction measures, as shown in Appendix H (p. 46- 51) nor would it conflict with AB 32, SB 32, or ARB’s Scoping Plan, as outlined in Appendix H (p. 51-54). Appendix H also discusses consistency with AB 32. Although the CAP was prepared prior to the adoption of SB 32, it is still an applicable plan.

Section 5 of Appendix A (Table 8) provides a list of the applicable reduction measures for new non-residential developments included in the Climate Action Plan and a Project consistency analysis of each measure. Appendix A also includes a list of Proposed Project’s consistency with 88 | Page

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AB 32.

Table 8 – Climate Action Plan Consistency Analysis
Measure Finding
Measure T-1.2: Pedestrian Infrastructure: Consistent: The project would be required to provide sidewalks which would be reviewed by the
Through the development review process, require City for compliance with adopted standards and the installation of sidewalks along new and specifications. reconstructed streets. Also require new
subdivisions and large developments to provide
sidewalks or paths to internally link all uses where
applicable and provide connections to
neighborhood activity centers, major
destinations, and transit facilities contiguous with
the project site; implement through conditions of
approval.

Measure T-2.1: Designated Parking for Fuel- Consistent: The project would provide fuelEfficient Vehicles: efficient parking spaces in compliance with both the City’s Municipal Code and the project-specific
Revise the Municipal Code to require that new Conditions of Approval. nonresidential development designate 10% of
total parking spaces for any combination of lowemitting, fuel-efficient and carpool/vanpool vehicles (consistent with CalGreen Tier 1, Sections
A5.106.5.1 and A5.106.5.3) and implement
through conditions of approval. Parking stalls shall
be marked “Clean Air Vehicle.”
Measure E-1.1: Tree Planting Program:

Through the development review process, require
new development to plant at minimum one 15-
gallon non-deciduous, umbrella-form tree per 30
linear feet of boundary length near buildings, per
the Municipal Code. Trees shall be planted in
strategic locations around buildings or to shade
pavement in parking lots
and streets.

Consistent: The project would comply with all
applicable Municipal Code policies related to tree
planting. The project would include a number of
street trees and trees throughout the parking lot
and adjacent to proposed structures.

Measure E-1.2: Cool Roof Requirements: Consistent: The project’s roofing material would be reviewed and approved for compliance with
Amend the City Municipal Code to require new the City’s Municipal Code. The proposed Project non-residential development to use roofing elements would be required to comply with the materials having solar reflectance, thermal City ordinances and conditions of approval. As emittance or Solar Reflectance Index (SRI)3 such, the proposed project would not conflict with consistent with CalGreen Tier 1 values (Table this measure.

A5.106.11.2.1) and implement through conditions
of approval.
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Measure E-3.2: Energy Efficient Street and Traffic Consistent: The project would be required to Signal Lights: comply with the City’s conditions of approval related to new streetlights.

Work with Southern California Edison to replace
existing high pressure sodium streetlights and
traffic lights with high efficiency alternatives, such
as Low Emitting Diode (LED) lights. Replace
existing City owned traffic lights with LED lights.

Require any new street and traffic lights to be LED
and implement through conditions of approval.

Measure E-4.1: Landscaping Ordinance: Consistent: The project’s landscape plan would be reviewed and approved by the City’s Planning and
Through the development review process, enforce Public Works Department for compliance with the City’s Assembly Bill 1881 Landscaping Assembly Bill 1881 and the City’s Landscaping Ordinance; implement through conditions of Ordinance.
approval.

Measure S-1.4: Construction and Demolition Consistent: A Waste Management Plan would be Waste Diversion: prepared for the project, reviewed by the City for consistency with the City’s Municipal Code, and be
Amend the Municipal Code to require subject to City approval. development projects to divert to recycle or
salvage non-hazardous construction and
demolition debris generated at the site, resulting
in at least a 65% reduction by 2020 (consistent
with CalGreen Tier 1, Section A5.408.3.1). Require
all new projects to be accompanied by a waste
management plan for the project and a copy of the
completed waste management report shall be
provided upon completion.

The Proposed Project would be consistent with the applicable local measures provided in the Climate Action Plan. Therefore, potential impacts associated with conflict with a plan, policy, or regulation to reduce greenhouse gas emissions would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: Sources: Sources: Air Quality and Greenhouse Gas Assessment, Proposed Commercial Development SE Corner of Cambern Ave and Central Ave, Lake Elsinore, Salem Engineering Group, May 20, 2022 (Appendix A).
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IX. HAZARDS AND HAZARDOUS MATERIALS
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
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
materials 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 two 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?
☐ ☐ ☒ ☐
A Phase I Environmental Site Assessment (ESA) was completed to determine potential impacts to hazards and hazardous materials associated with the development of the Project Site (Appendix F - Phase I Environmental Site Assessment Report, Proposed Commercial Development, East Corner of Central Avenue and Cambern Avenue, Lake Elsinore, California 92530, Salem Engineering Group, March 11, 2022 and Appendix F-1 – Geophysical Investigation Report, Proposed Commercial Development, NEC Central Avenue and Cambern Avenue, Lake Elsinore, California, Salem Engineering Group, May 14, 2021).
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a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
Less Than Significant Impact: During construction, there would be a minor level of transport, use, and disposal of hazardous materials and wastes that are typical of construction projects. This would include fuels and lubricants for construction machinery, coating materials, etc., as well as for the transport of the gas and diesel fuels to the Project Site. The proposed fuel storage tanks associated with the service stations would be required to follow specific protocols for handling, transporting, and storing the fuel onsite. All hazardous materials are required to be utilized and transported in accordance with their labeling pursuant to federal and state law. Routine construction control measures and best management practices for hazardous materials storage, application, waste disposal, accident prevention and clean-up would be enough to reduce potential impacts to less than significant.

The operation of the proposed commercial center in general would not be expected to generate hazardous waste or create the routine transport, use, or disposal of hazardous materials. The use would be required to comply with the Lake Elsinore Municipal Code, including Chapter 14.08 – Stormwater/Urban Runoff Management and Discharge Controls.

The operation of the proposed convenience store would not be expected to generate hazardous waste or create the routine transport, use, or disposal of hazardous materials. The Proposed Project would involve the installation of Underground Storage Tanks (USTs) to serve the fueling station. Rule 461 of the South Coast Air Quality Management District (SCAQMD) governs the operation of gasoline stations and requires that all underground storage tanks are equipped with a “CARB certified” enhanced vapor recovery system, all fill tubes are equipped with vapor tight caps, all dry breaks are equipped with vapor tight seals, a spill box shall be installed to capture any gasoline spillage, and all equipment is required to be properly maintained per CARB regulations. All gasoline dispensing units are required to be equipped with a “CARB certified” vapor recovery system, the dispensing system components shall always maintain vapor and liquid tight connections and the breakaway coupling shall be equipped with a poppet valve that shall close when coupling is separated. Rule 461 also provides several additional requirements including detailed maintenance, testing, reporting and recordkeeping requirements for all gas stations.

The gas station would also be subject to permit and inspection by the Hazardous Materials Division of the County Fire Department. Sections 2729 through 2732 of the California Code of Regulations (CCR) provide requirements for the reporting, inventory, and release response plans for hazardous materials. These requirements establish procedures and minimum standards for hazardous material plans, inventory reporting and submittal requirements, emergency planning/response, and training. In addition, all regulated substance handlers are required to register with local fire or emergency response departments per the California Accidental Release Prevention Program (CalARP). Locally, this is overseen by the Riverside County Department of Environmental Health, Hazardous Materials Branch. The division reviews and approves an 92 | Page

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Emergency/Contingency Plan for regulated facilities. The plan outlines precautions and procedures necessary to protect the facility from accidental release of hazardous materials and provides emergency remediation to minimize effects should an accidental spill occur. Annual updates and review of the plan are required to ensure compliance and adequacy. The Riverside County Department of Environmental Health, Hazardous Materials Branch administers the CalARP Program in the area. The CalARP Program was established to prevent accidental release of substances that pose the greatest risk of immediate harm to the public and the environment.

The Program requires facilities to proactively prevent and prepare for chemical accidents. The proposed facility would be subject to Program requirements for regulated substances including preparation of a risk management plan (RMP) to include an off-site consequence analysis, compliance audit, certified program elements, and a seismic assessment. Existing risk management and response requirements would ensure potential risks associated with accidental releases of hazardous materials are minimized. Therefore, potential impacts associated with the risk of exposure of the public and/or the environment to hazardous waste, either used or transported on site, would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: CCR, Code of Federal Regulations, Health and Safety Code, and Phase I Environmental Site Assessment Report, Proposed Commercial Development, East Corner of Central Avenue and Cambern Avenue, Lake Elsinore, California 92530, Salem Engineering Group, March 11,2022 (Appendix F)
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?
Less Than Significant Impact: The Proposed Project would be required to comply with all applicable federal, state, and local laws and regulations pertaining to the transport, use, disposal, handling, and storage of hazardous waste during the construction phase to reduce the likelihood and severity of accidents during transit. Proper handling of the use and disposal of hazardous materials associated with the gas station would reduce the potential for exposure. Once the fuel storage tanks are constructed, there would be continued routine maintenance. Rule 461 of the SCAQMD governs the operation of gasoline stations and requires that all underground storage tanks are equipped with a “CARB certified” enhanced vapor recovery system, all fill tubes are equipped with vapor tight caps, all dry breaks are equipped with vapor tight seals, a spill box shall be installed to capture any gasoline spillage, and all equipment is required to be properly maintained per CARB regulations.

The operation of the proposed convenience store would not be expected to generate hazardous waste or create the routine transport, use, or disposal of hazardous materials. The operation of the proposed commercial center in general would not be expected to generate hazardous waste or create the routine transport, use, or disposal of hazardous materials. The use would be required to comply with the Lake Elsinore Municipal Code, including Chapter 14.08 – 93 | Page

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Stormwater/Urban Runoff Management and Discharge Controls. The use of hazardous materials on the Project Site post-construction would consist of those commonly used in a light commercial setting for routine maintenance and cleaning. Proper handling of the use and disposal of hazardous materials would reduce the potential for exposure. Therefore, potential impacts associated with accidental release of hazardous materials into the environment would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: CCR, Code of Federal Regulations, Health, and Safety Code c) Emit hazardous emissions or handle hazardous materials or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact: There are no existing or proposed schools within a quarter mile of the Proposed Project. The closest school site is Ortega High School, located approximately 1 mile to the southeast. As previously discussed, the Proposed Project would be required to comply with all applicable federal, state, and local laws and regulations pertaining to the transport, use, disposal, handling, and storage of hazardous waste during the construction phase to reduce the likelihood and severity of accidents during transit. Proper handling of the use and disposal of hazardous materials associated with the gas station would reduce the potential for exposure of any school in proximity to the Project Site to hazardous materials. Therefore, no impact associated with hazardous materials within on-quarter mile of a school would occur.

Mitigation Measures: No mitigation measures are required.

Sources: Google Maps
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?
Less Than Significant Impact: Based on the database search conducted in Appendix F, which included the California Department of Toxic Substances Control, EnviroStor Site/Facility Search, the Project Site is not included on a list of hazardous materials sites pursuant to Government Code Section 65962.5. The Project Site was not identified in the database search as a site of environmental concern. No evidence was observed that the Project Site has been adversely impacted by contamination and no evidence of recognized environmental conditions existing on the Project Site (Appendix F).

The Phase I Environmental Site Assessment (Appendix F) did identify that a review of historical aerial photographs and topographic maps, between at least 1949 and until at least 1974, the northwestern portion of the Project Site appeared to have been occupied by a rectangularshaped pit that is deeper in the center and slopes out on each side. During this time period, the 94 | Page

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subject property is associated with the clay pit mining operations located adjoining to the northwest across Central Avenue. By 1978, the pit had been backfilled and the subject property appeared to have been graded. The Phase 1 Environmental Site Assessment (Appendix F) identified that the pit may have been utilized for the disposal of waste generated by the clay pit mining operations.

A geophysical survey was conducted in the area of the former clay mining pit (Appendix F-1). The geophysical survey did not identify any subsurface anomalies of potential environmental concern such as waste materials or other debris that may have been placed in the former pit on the northwestern portion n is warranted and was found to not be of a concern.

Therefore, potential impacts associated with hazardous materials sites would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: Phase I Environmental Site Assessment Report, Proposed Commercial Development, East Corner of Central Avenue and Cambern Avenue, Lake Elsinore, California 92530, Salem Engineering Group, March 1,2022 (Appendix F) and Geophysical Investigation Report, Proposed Commercial Development, NEC Central Avenue and Cambern Avenue, Lake Elsinore, California, Salem Engineering Group, May 14, 2021 (Appendix F-1)
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? No Impact: The Proposed Project is not located within an airport land use plan or within two miles of a public airport or public use airport. Therefore, no impacts associated with safety hazards or excessive noise in proximity to an airport would occur.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan, Google Earth, Evergreen Commercial Development Project, Noise and Vibration Study, Rincon Consultants, May 2022 (Appendix H). f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less Than Significant Impact: The Proposed Project would be required to comply with all applicable fire code requirements for construction and access to the Project Site and would be reviewed by the City Fire Department to determine the specific fire requirements applicable to ensure compliance with these requirements. This review would ensure that the Proposed Project would provide adequate emergency access to and from the Project Site. The City Engineer and the City Fire Department would review any modifications to existing roadways to ensure that adequate emergency access and/or emergency response would be maintained. The Proposed 95 | Page

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Project does not propose any changes that would impact the City’s Emergency Preparedness Plan or the Riverside County Operational Area Multi-Jurisdictional Local Hazard Mitigation Plan.

Therefore, potential impacts associated with interference with an adopted emergency response or evacuation plan would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan EIR
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
Less Than Significant Impact: According to the California Department of Forestry and Fire Protection and the City of Lake Elsinore General Plan EIR Figure 3.10-2 - City of Lake Elsinore Wildfire Susceptibility, the Project Site is in a Moderate Fire Hazard Severity Zone. The Project Site is bounded to the north by Central Avenue/SR-74 and undeveloped land designated as General Commercial (C-2) beyond, to the east by single-family residential properties zoned Residential Estate (R-E), to the south by residential properties zoned Medium Density Residential (R-2) and vacant land zoned High Density Residential (R-3) and to the west by Cambern Avenue and commercial properties zoned General Commercial (C-2) beyond. Vehicular Access to the Project Site would be immediately taken from Central Avenue and Cambern Avenue. The Proposed Project would be subject to the plan check process and would undergo a fire, life, and safety review by the City Fire Department to determine the specific fire requirements applicable to ensure compliance with Fire Department requirements. Additional specific analysis of Wildfire hazards is provided in Section XX of this report. The Proposed Project would not involve the construction or operation of a use which involves open flame or a fire related use. The proposed site plan would include landscaped areas with irrigation to ensure vegetation does not dry out and become susceptible to immediate combustion. Therefore, potential impacts associated with wildland fires would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: California Department of Forestry and Fire Protection, General Plan EIR 96 | Page

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X. HYDROLOGY AND WATER QUALITY
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground water
quality?
☐ ☐ ☒ ☐
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater
recharge, such that the project may impede
sustainable groundwater management of the
basin?
☐ ☐ ☒ ☐
c) Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the course of a stream or river or
through the addition of impervious surfaces, in a
manner which would:
i. result in substantial erosion or siltation onor off-site; ☐ ☐ ☒ ☐
ii. substantially increase the rate or amount of
surface runoff in a manner which would
result in flooding on- or offsite;
☐ ☐ ☒ ☐
iii. create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff; or
☐ ☐ ☒ ☐
iv. impede or redirect flood flows? ☐ ☐ ☒ ☐
d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation? ☐ ☐ ☒ ☐ e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?
☐ ☐ ☒ ☐
A Preliminary Water Quality Management Plan (PWQMP) (Appendix G - Preliminary Water Quality Management Plan, Evergreen Development – Cambern & Central, DRC Engineering Inc., July 26, 2022, and Appendix G-1 – Preliminary Hydrology Study, Evergreen Development – Cambern & Central, DRC Engineering, Inc., December 17, 2021) was completed to determine potential impacts associated with hydrology and water quality. 97 | Page

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a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Less than Significant Impact: The Santa Ana Regional Water Quality Control Board (SARWQCB) sets water quality standards for all ground and surface waters within the Project’s region. Water quality standards are defined under the Clean Water Act to include both the beneficial uses of specific water bodies and the levels of water quality that must be met and maintained to protect those uses (water quality objectives). Construction of the Proposed Project would include grading, excavation, and other earthmoving activities that have the potential to cause erosion that could subsequently degrade water quality and/or violate water quality standards. As required by the Clean Water Act, the Proposed Project would comply with the Santa Ana Municipal Separate Storm Sewer (MS4) National Pollution Discharge Elimination System (NPDES) Permit. The NPDES MS4 Permit Program, which is administered in the project area by Riverside County and is issued by the Santa Ana Regional Water Quality Control Board (RWQCB), regulates storm water and urban runoff discharges from developments to natural and constructed storm drain systems in the City of Lake Elsinore. Since the Proposed Project would disturb one or more acres of soil, construction activities would be subject to the Construction General Permit (NPDES General Permit No. CAS000002, Waste Discharge Requirements, Order No. 2009-0009-DWQ, adopted September 2, 2009, and effective as of July 2, 2010) issued by the State Water Resources Control Board (SWRCB). The Construction General Permit requires implementation of a Storm Water Pollution Prevention Plan (SWPPP) for site clearing, grading, and disturbances such as stockpiling or excavation. The SWPPP would contain a site map showing the construction perimeter, proposed buildings, storm water collection and discharge points, general pre- and post-construction topography, drainage patterns across the Project Site, and adjacent roadways.

Development of the Project Site would add impervious surfaces through associated parking lot and parking, sidewalks, and drive aisles. By increasing the percentage of impervious surfaces on the Project Site, less water would percolate into the ground and more surface runoff would be generated. Paved areas and streets would collect dust, soil and other impurities that would then be assimilated into surface runoff during rainfall events. Operation of the Proposed Project has the potential to release pollutants resulting from replacing vacant land with buildings, walkways, and parking lots. These improvements may potentially impact water quality. However, according to the Project Specific Water Quality Management Plan (Appendix G), the impervious area would be 7.38 acres impervious, and the balance of the Project Site of 1.50 acres would be pervious with the use of landscape areas. All drainage flows would be captured by, and a private underground storm drain system with five separate underground detention systems and five separate proprietary water quality treatment units dedicated to each of the separate parcels.

The Preliminary WQMP has been submitted to the City Public Works Department for review.

Prior to issuance of a grading or building permit, the Property Owner/Developer would be required to submit a final WQMP to the City for approval.

The Proposed Project incorporates site design, source controls and treatment control BMPs to address storm water runoff. The building rooftops shall drain back to landscape areas, where 98 | Page

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possible, for natural filtration. Most of the flows from the Project Site would occur over impervious surfaces that discharge the proposed subsurface infiltration/detention facilities.

Infiltration and Bioretention BMPs are also included to treat storm water runoff before it leaves the Project Site. Therefore, potential impacts associated with violations of water quality or water discharge requirements would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: Preliminary Water Quality Management Plan, Evergreen Development – Cambern & Central, DRC Engineering Inc., July 26, 2022 (Appendix G) b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge, such that the project may impede sustainable groundwater management of the basin?
Less Than Significant Impact: According to General Plan EIR, the Project Site is located within the Warm Springs Valley Groundwater Management Zone (GMZ). Since the City has a large amount of vacant land, substantial changes to recharge systems could occur from development of the vacant parcels. For example, Lake Elsinore is evaporating faster than runoff from natural precipitation can recharge it. Requiring infiltration of runoff for projects tributary to Lake Elsinore, without consideration of potential contamination due to land use, would only exacerbate current water quality problems associated with pollutant concentration due to lake water evaporation.

Groundwater quality management is considered as a part of the General Plan policies. In order to reduce pollutants, the City has implemented policies to minimize pollutants in the local and regional waterways, which includes water that percolates into the groundwater through Water Resources Policies 4.1, 4.2, and 4.3. Water Resources Policies 4.1 and 4.2 require development projects to acquire a National Pollutant Discharge Elimination System (NPDES) permit and implement Best Management Practices (BMPs) to reduce pollutants. Water Resources Policy 4.3 requires the City to review future development project’s beneficial uses during the environmental review stage.

Test boring locations on the Project Site were checked for the presence of groundwater during and after the drilling operations. Free groundwater was encountered at a depth of approximately 29 feet below ground surface during this time of investigation. The historically highest groundwater is estimated to be at a depth of approximately 20 feet below ground surface according to the County of Riverside Geologic Hazards Map (2004) and regional groundwater well data. Based on the soil condition and percolation test results, the Project Site is considered to be technically infeasible to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining the stormwater quality design volume (SWQDv) on site.
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In order to prevent potential pollution caused by runoff of surface pollutants during rain events due to impermeable surface added to the Project Site due to development, the grading of the Project Site is designed to best resemble the natural drainage patterns of the existing site condition and balance on-site detention and storm drain runoff in compliance with NPDES and applicable BMPs. All runoff in the proposed condition drains to the same outlet as the existing site condition. The proposed onsite underground storm drain system implements five (5) proposed detention systems and outlet control manholes that would provide storage capacity for 2-year and 100- year peak flows. Runoff volumes generated in the proposed condition do not exceed the peak flows and runoff volumes generated from the existing site condition.

Therefore, potential impacts associated with depletion of or interference with groundwater would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan EIR and Preliminary Water Quality Management Plan, Evergreen Development – Cambern & Central, DRC Engineering Inc., July 26, 2022 (Appendix G); Preliminary Hydrology Study, Evergreen Development – Cambern & Central, DRC Engineering, Inc., December 17, 2021 (Appendic G-1)
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) Result in substantial erosion or siltation on- or off-site; Less Than Significant Impact: The Proposed Project would preserve the existing drainage pattern on the Project Site. Per the PWQMP, currently the east corner and southeast side of the Project Site consists of a portion of an existing natural drainage course that conveys stormwater from the Third Street Channel Watershed, as referenced in the Technical Drainage Study (JN 148215) prepared by Michael Baker International dated April 11, 2016. In the Proposed Condition, the proposed grocery building with associated paved drive aisles and parking stalls would be constructed at the location of this on-site portion of the existing natural drainage course. A proposed headwall and City storm drain pipe would be designed and constructed to intercept the specific portion of stormwater from the existing natural drainage course that drained onto the Project Site in the existing condition. Stormwater would drain into the existing underground RCFC&WCD 78-inch storm drain pipe on Cambern Avenue. Additionally, screen walls around the perimeter of the Project Site at the east and southeast property line would be designed and constructed to prevent offsite flows from entering the Project Site.

The Proposed Project involves an alteration of the course of the natural drainage course that exists on site by modifying the drainage from an open system to a closed system. Based on the biological resources report in Appendix B, the existing vegetation within drainage course includes 100 | Page

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scale broom scrub. The proposed improvements for the Project Site would remove the existing vegetation located on the on-site portion of the existing drainage course.

The off-site portion of the existing natural drainage course will remain in place.

Erosion and siltation impacts potentially resulting from the Proposed Project would, for the most part, occur during the Proposed Project’s site preparation and earthmoving phase. However, implementation of the NPDES permit requirements, as they apply to the Project Site, would reduce potential erosion, siltation, and water quality impacts. Therefore, potential impacts associated with erosion or siltation would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: PWQMP (Appendix J)
ii) Substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site?
Less Than Significant Impact: Although the Project would add approximately 7.38 acres of impervious surface to the currently vacant site, site layout was designed to minimize impervious area through the integration of proposed landscape areas and various landscape planters throughout the Project Site, resulting in approximately 1.50 acres of pervious surfaces. To reduce surface runoff, the Project includes the installation of a private underground storm drain system with five separate underground detention systems and five separate proprietary water quality treatment units dedicated to each of the separate parcels. Stormwater would drain into the existing underground RCFC&WCD 78-inch Storm Drain Pipe on Cambern Avenue. Additionally, screen walls around the perimeter of the Project Site at the east and southeast property line would be designed and constructed to prevent offsite flows from entering the Project Site.

Therefore, potential impacts associated with an increase in the rate or amount of surface runoff resulting in flooding would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan EIR and Preliminary Water Quality Management Plan, Evergreen Development – Cambern & Central, DRC Engineering Inc., February 10, 2022 (Appendix G) iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; Less Than Significant Impact: The amount of water runoff is not expected to exceed stormwater drainage capacity or provide substantial additional sources of polluted runoff. A portion of stormwater discharge from the Third Street Channel Watershed (as referenced in the Technical Drainage Study (JN 148215) prepared by Michael Baker International dated April 11th, 2016) drains onsite at the east most corner of the Project Site in the Existing Condition. 101 | Page

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In the Proposed Condition, a proposed concrete gutter and headwall would be constructed at the east corner of the Project Site to capture the specific portion of stormwater that previously drained from the Third Street Channel Watershed onto the Project Site. Stormwater would be conveyed underground through a proposed storm drain system that will be sloped to drain southwesterly into the existing underground RCFC&WCD 78-inch Storm Drain Pipe on Cambern Ave. then southeasterly along Cambern Avenue and eventually connecting to the existing RCFC&WCD 78-inch storm drain under Cambern Avenue.

The proposed onsite underground storm drain system implements two proposed detention systems and outlet control utility access holes that are sized to provide a storage capacity such that the 2-year and 100-year peak flows and runoff volumes generated in the Proposed Condition do not exceed the peak flows and runoff volumes generated from the Existing Condition (Appendix G-1).

The Property Owner/Developer must also prepare a SWPPP for construction activity associated with the Proposed Project. The SWPPP shall be maintained at the construction site for the entire duration of construction. The objectives of the SWPPP are to identify pollutant sources that may affect the quality of storm water discharge and to implement BMPs to reduce pollutants in storm water discharges during construction and post construction in compliance with NPDES. Projects that comply with NPDES standards would result in a less than significant impact. In addition, storm drains located within the City limits are maintained by the City as well as by the Riverside County Flood Control and Water Conservation District. Storm runoff within the City is intercepted by a network of City facilities and then conveyed into regional facilities. All downstream conveyance channels that would receive runoff from the Project Site are engineered and regularly maintained to ensure flow capacity. Therefore, potential impacts associated with runoff would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan EIR, Preliminary Hydrology Study, Evergreen Development – Cambern & Central, DRC Engineering, Inc., December 17, 2021 (Appendix G-1). iv. Impede or redirect flood flows?
Less Than Significant Impact: According to the Federal Emergency Management Agency (FEMA), Flood Insurance Rate Map panel 06065C2029G (08/28/2008), a small area along the central portion of the Project Site adjacent to Central Avenue/SR-74 is within the special flood hazard area, Zone A, and the remainder of the Project Site is within a 1-percent annual chance flood hazard area, Zone X. The portion of the Project Site designated as Zone A is consistent with the City’s designation of 100-year flood plain area according to the General Plan EIR. The Proposed Project is designed to include subsurface drainage basins that would reduce post-development runoff rates in accordance with the requirements of the City of Lake Elsinore and RCFCWCD.

Because the Proposed Project has been designed to attenuate post-development runoff from the Project Site, Project-related runoff would not substantially increase the rate or amount of surface runoff in downstream areas in a manner that would result in flooding on- or off-site. Additionally, 102 | Page

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the Proposed Project would not impede or redirect flood flows. Therefore, potential impacts associated with flood flows would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: FEMA and General Plan EIR
d) In flood, tsunami, or seiche zones, risk release of pollutants due to project inundation? Less Than Significant Impact: According to the City’s General Plan EIR, Figure 4.4 – Hydrological Resources, a portion of the western area of the Project Site is within a 100-year flood hazard area.

Appendix G details no change in drainage flows for the Project Site under the Proposed Project and that the Proposed Project would employ infiltration BMPs to retain the Proposed Project’s BMP volume and also retain the difference in pre and developed condition project runoff, up to the 100-year event. Seiches are large waves generated in enclosed bodies of water in response to ground shaking. The Project Site is surrounded by a relatively flat area with a small natural drainage that flows on the southeast portion of the Project Site. The Project Site is located approximately 1.7 miles north of Lake Elsinore, which lacks significant potential for a damaging seiche because of its low depth, and presence of flood control devices constructed by the U.S.

Army Corps of Engineers, including the berm fill at the southern end of the lake. The Project Site is located more than 25 miles from the ocean and approximately 1,330 feet above mean sea level (MSL). Due to the location of the Project Site, and topography of the surrounding locale, it is also not likely that mudflows would inundate the Project Site. Therefore, potential impacts associated with inundation by flood, tsunami, or seiche would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan EIR
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Less than Significant Impact: The Project Site is located within the Santa Ana River watershed, which is regulated by the Santa Ana Regional Water Quality Control Board (RWQCB). The RWQCB has developed a “Water Quality Control Plan” for the Santa Ana River Basin (herein, “Basin Plan”).

The Basin Plan establishes water quality standards for the ground and surface waters of the region. The Basin Plan includes an implementation plan describing the actions by the RWQCB and others that are necessary to achieve and maintain the water quality standards. The RWQCB regulates waste discharges to minimize and control their effects on the quality of the region’s ground and surface water. Permits are issued under several programs and authorities. The terms and conditions of these discharge permits are enforced through a variety of technical, administrative, and legal means. The RWQCB ensures compliance with the Basin Plan through its issuance of National Pollutant Discharge Elimination System (NPDES) Permits, issuance of Waste Discharge Requirements (WDR), and Water Quality Certifications pursuant to Section 401 of the Clean Water Act (CWA). In conformance with these requirements, the Applicant has prepared a 103 | Page

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Preliminary WQMP (Appendix G), which demonstrates that the Proposed Project’s drainage plan would meet all applicable requirements of the Basin Plan, including requirements and conditions of approval associated with NPDES permits, issuance of WDRs, and Water Quality Certifications.

Therefore, the Proposed Project would not conflict with the Basin Plan, and potential impacts associated with implementation of a water quality control plan would be less than significant.

According to General Plan EIR, the Project Site is located within the Warm Springs Valley Groundwater Management Zone (GMZ). Since the City has a large amount of vacant land, substantial changes to recharge systems could occur from development of the vacant parcels. In order to reduce pollutants, the City has implemented policies to minimize pollutants in the local and regional waterways, which includes water that percolates into the groundwater through Water Resources Policies 4.1, 4.2, and 4.3. Water Resources Policies 4.1 and 4.2 require development projects to acquire a National Pollutant Discharge Elimination System (NPDES) permit and implement Best Management Practices (BMPs) to reduce pollutants. Water Resources Policy 4.3 requires the City to review future development project’s beneficial uses during the environmental review stage. Therefore, the Proposed Project would not conflict with any sustainable groundwater management plans, and potential impacts associated with implementation of a groundwater management plan would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan EIR
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XI. LAND USE AND PLANNING
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Physically divide an established community? ☐ ☐ ☐ ☒
b) Cause a significant environmental conflict with
any land use plan, policy, or regulation adopted
for the purpose of avoiding or mitigating an
environmental effect?
☐ ☐ ☒ ☐
a) Physically divide an established community?
No Impact. The Project Site is located on the southeast corner of Cambern Avenue and Central Avenue/SR-74, within the northernmost portion of the City’s C-2 zone along Central Avenue/SR74, adjacent to residential zoning. The southeast and southwest corners of Cambern Avenue and Central Avenue/SR-74 is fully developed with large commercial centers. The northwest side of Central Avenue/SR-74 consists of undeveloped land designated as General Commercial (C-2). The east side of the Project Site consists of single-family residential properties zoned Residential Estate (R-E), and the adjacent south side of the Project Site consists of residential properties zoned Medium Density Residential (R-2) and vacant land zoned High Density Residential (R-3).

The Zoning Code divides the City into districts, or zones, and regulated land use activity in each district, specifying the permitted uses of land and buildings, density, bulk, and other regulations.

The Proposed Project includes the request for approval of a Tentative Tract Map that would modify the existing five parcels into different sizes and construct commercial center. These modifications only pertain to the parcels on the existing Proposed Project site and therefore would not physically divide any established community. In addition, the Proposed Project has been designed to provide adequate buffer and screening for the adjacent residential properties.

The Proposed Project would not divide any established biological communities as analyzed in Section IV, Biological Resources. The Proposed Project would not include any changes to the existing circulation network that would divide an existing community. Therefore, no impacts associated with the division of an established community would occur.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan EIR, Zoning Map
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact: The General Plan Land Use Designation of the Project Site is General Commercial (GC) and it is zoned General Commercial (C-2). The GC designation provides for retail, services, restaurants, professional and administrative offices, hotels and motels, mixeduse projects, public and quasi-public uses, and similar and compatible uses. The Lake Elsinore 105 | Page

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Municipal Code (LEMC) Chapter 17.124.010 describes that the C-2 is intended to accommodate a full range of retail stores, offices, personal and business service establishments offering commodities and services scaled to meet the needs of the residents of the entire City. The Proposed Project consists of construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, several quick-serve restaurants with drive-through lanes, a gas station with a convenience store with concurrent sale of beer and wine for off-site consumption, and a separate drive-through car wash, which would be constructed in two phases over a total of 8.863 acres. The proposed grocery store is a permitted use the C-2 zone. The car wash, the drive-through restaurants, and the gas station and convenience store with concurrent sale of beer and wine for off-site consumption are permitted subject to the approval of a Conditional Use Permit. The Proposed Project as designed meets all development standards as identified in the C-2, including but not limited to setbacks, building heights, parking spaces, drive aisles, and floor area ratio. Additionally, the Proposed Project has been designed to provide adequate buffering and screening for existing adjacent residential developments. The Proposed Project is consistent with all applicable existing and planned land use policies and regulations of the LEMC and the General Plan. Therefore, potential impacts associated with conflict with a land use plan, policy or regulation would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan EIR, General Plan Land Use Map, Zoning Map 106 | Page

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XII. MINERAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
☐ ☐ ☒ ☐
b) Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific plan,
or other land use plan?
☐ ☐ ☒ ☐
The City of Lake Elsinore lies within the Temescal Valley Area, Riverside County, California. Special Report No. 165, prepared in 1991 by the State Department of Conservation, Division of Mines and Geology, identifies that the Project Site is designated as Mineral Resource Zone (MRZ-2). This zone is identified by the State Mining and Geology Board as areas underlain by mineral deposits where geologic data show that significant measured or indicated resources are present. MRZ-2 is divided on the basis of both degree of knowledge and economic factors. Areas classified MRZ2a contain discovered mineral deposits that are either measured or indicated reserves as determined by such evidence as drilling records, sample analysis, surface exposure, and mine information. Areas classified MRZ-2b contain discovered deposits that are either inferred reserves or deposits that are presently sub-economic as determined by limited sample analysis, exposure, and past mining history.
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
Less Than Significant Impact: The County’s principal mineral resources include clay, limestone, iron ore, sand, and construction aggregate. As of 2010, six mines were active in the Lake Elsinore area, producing clay, stone/rock, and sand and gravel. Decomposed granite has also been mined in the Lake Elsinore area in recent years. According to Figure 3.12-1 of the General Plan EIR, the Project Site is located within the Mineral Resource Zone 3 Area (MRZ-3), or areas containing mineral deposits, the significance of which cannot be evaluated from available data.

Historical records identified that the Project Site was subject to clay mining between approximately 1949 and 1974, and the site closed in 1978 (Appendix F). Significant clay resources are associated with the Alberhill area in the north portion of the City, and classified by the State since 1982. Pacific Clay Products deposits are located within the approved Alberhill Specific Plan and pending Alberhill Villages Specific Plan. The mining activity is being phased out in accordance with approved permits, and the continued use and ultimate reclamation of these lands has been or will be addressed in the specific plans prepared for these areas. (General Plan 4.5.2, Mineral Resource Areas)
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The Project Site’s General Plan land use designation is General Commercial (GC) and the zoning designation is General Commercial (C-2). Mining for mineral resources is not a permitted use in the City’s General Plan or zoning code for this property, nor would such a use be permitted in the future. The property is also not within a specific plan area identified as having significant clay deposits eligible for commercial mining. Therefore, potential impacts associated with the loss of availability of a known mineral resource that would be of value to the region and the residents of the state would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan, General Plan EIR, Phase I ESA (Appendix F) b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Less Than Significant Impact: The City’s General Plan delineates mining operations areas by an overlay land use for mining purposes. The Proposed Project is not located within any of those overlays. As such, the Proposed Project would not result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan. Therefore, potential impacts associated with loss of a mineral resource recovery site would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan, General Plan EIR, Phase I ESA (Appendix F) 108 | Page

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XIII. NOISE
Would the project result in:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in
the vicinity of the project excess of standards
established in the local general plan or noise
ordinance, or other 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?
☐ ☐ ☐ ☒
A Noise Impact Analysis was completed to determine potential impacts to noise associated with the development of the Proposed Project (Appendix H – Evergreen Commercial Development Project, Noise and Vibration Study, Rincon Consultants, May 2022).

The Project involves development of five lots with six commercial buildings/structures (totaling 57,254 square feet). These commercial buildings include a 43,050-square foot grocery store, a 4,116-square foot car wash, a 4,088-square foot convenience store with eight fueling stations (sixteen total dispensers), and two drive-thru restaurants (3,000 square feet each). The remainder of the Project Site would be paved and utilized as parking lots for the various businesses on the property. A total of 369 parking spaces would be distributed throughout the Project Site. The Project Site would include five ingress/egress points - three on Cambern Avenue and two on Central Avenue. An 8-foot-tall block wall along the eastern and southern project boundary lines is proposed. An emergency access gate is proposed at the terminus of Allan Street along on the eastern Project boundary. Additional improvements would include curb and sidewalk enhancements and landscaping. The Project would be constructed in two phases. The lots adjacent to Central Avenue would be developed in the first phase of construction and the remainder of the site constructed as the second phase. Figure 5 shows the Project plan layout.

The most common source of noise in the Project site vicinity is vehicular traffic from Central Avenue (Appendix H). To characterize ambient sound levels at and near the Project Site, sound level measurements were conducted on July 19, 2021, at the eastern boundary of the Project Site north of Allan Street to capture noise levels at adjacent residential uses, which are currently exposed to noise from Central Avenue, the busiest street next to the Project Site. 109 | Page

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a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or other applicable standards of other agencies? Less Than Significant Impact With Mitigation Incorporated: The following section calculates the potential noise emissions associated with the construction and operations of the Proposed Project and compares the noise levels to the City standards.

Construction-Related Noise
The Project involves development of five lots with six commercial buildings/structures (totaling 57,254 square feet). These commercial buildings include a 43,050-square foot grocery store, a 4,116-square foot car wash, a 4,088-square foot convenience store with eight fueling stations (sixteen total dispensers), and two drive-thru restaurants (3,000 square feet each). The remainder of the Project Site would be paved and utilized as parking lots for the various businesses on the property. A total of 369 parking spaces would be distributed throughout the Project Site. The Project Site would include five ingress/egress points - three on Cambern Avenue and two on Central Avenue. An 8-foot-tall block wall along the eastern and southern project boundary lines is proposed. An emergency access gate is proposed at the terminus of Allan Street along on the eastern project boundary. Additional improvements would include curb and sidewalk enhancements and landscaping. The Project would be constructed in two phases. The lots adjacent to Central Avenue would be developed in the first phase of construction and the remainder of the site constructed as the second phase. Noise impacts from construction activities associated with the Proposed Project would be a function of the noise generated by construction equipment, including a combination of trucks, power tools, concrete mixers, and portable generators. Noise impacts from this equipment is impacted by equipment location, sensitivity of nearby land uses, and the timing and duration of the construction activities.

The nearest sensitive receptors to the Project include potentially sensitive receivers in the area include single-family residences adjacent to the east and south of the Project Site.

The Project would be constructed over two phases. The lots adjacent to Central Avenue would be constructed during the first phase and the lots containing the proposed grocery store and quick service restaurant on the southern portion of the Project Site would be constructed during the second phase. Noise levels at the nearest sensitive receivers would be loudest when construction occur near to single-family residences to the east and south of the Project Site.

Construction equipment would be located as close as 20 feet to these properties but over the course of a typical construction day would typically be located at an average distance farther away due to the nature of construction and the lot size of the project. For example, during a typical construction day, the equipment may operate across the horizontal and vertical distance of the site (630 and 600 feet) from a nearby noise receiver. Therefore, it is assumed that the acoustical center would be at an average distance of 150 feet from adjacent single-family residences.
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Construction noise is typically loudest during activities that involve excavation and move soil, such as site preparation and grading. A typical construction scenario would include a grader, a dozer, a front-end loader, a scraper, and a dump truck working during grading to excavate and move soil. At a distance of 50 feet, a grader, a dozer, a front-end loader, a scraper, and a dump truck would generate a noise level of 84 dBA Leq and at a distance of 150 feet, noise levels would attenuate to 74 dBA Leq (Appendix H). For affected residential land uses adjacent to construction sites, Lake Elsinore’s construction noise limit is 75 dBA; therefore, Project construction noise levels would not exceed construction noise thresholds during both phases of construction.

Therefore, impacts from construction noise would be less than significant.

Operational-Related Noise
The Project would introduce sources of operational noise to the site, including car wash, vacuums, drive-thru speaker boxes, loading docks, and mechanical equipment. Assumptions for these sources are discussed in (Appendix H). Receiver locations and noise level contours are shown on Figure 12 - Operational Noise Contours and Table 9 – Operational Noise Levels Off-Site Land Uses identifies the results of the noise modeling.

Table 9 – Operational Noise Levels Off-Site Land Uses
Noise Level (dBA Leq)
Exceeds Exceeds
Receiver Description Daytime Nighttime1 Daytime Nighttime Threshold2 Threshold?3
R-1 Residence-east 41 34 No No
R-2 Residence-east 61 33 Yes No
R-3 Residence-east 52 34 No No
R-4 Residence-east 53 38 No No
R-5 Residence-south 39 36 No No
R-6 Residence-south 40 36 No No
R-7 Vacant- north 59 33 No No
R-8 Vacant- north 46 32 No No
R-9 Commercial- west 34 33 No No
R-10 Commercial- west 48 34 No No
1 Combined noise levels reflect that the car wash and loading dock are not in operation. 2 Daytime thresholds would be exceeded if exterior noise levels exceed 56 dBA at residential uses and 65 dBA at commercial uses from 7:00 a.m. to 10:00 p.m.
3 Nighttime thresholds would be exceeded if exterior noise levels exceed 46 dBA at residential uses and 60 dBA at commercial uses from 10:00 p.m. to 7:00 a.m.

See Figure 5 for receiver locations.

Section 17.176.060(A) of the Municipal Code limits onsite noise sources to 65 dBA between 7:00 a.m. and 10:00 p.m. and 60 dBA between 10:00 p.m. and 7:00 a.m. Section 8.06.060(A). As shown 111 | Page

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in Table 8, combined operational activities on the Project Site would generate noise levels up to 61 dBA Leq at nearby residential properties during daytime hours and up to 38 dBA Leq during the nighttime hours. The combined operational noise from car wash, vacuums, drive-thru speaker boxes, loading docks, and mechanical equipment would exceed Lake Elsinore’s daytime noise standard of 56 dBA at one residential receivers (one to the east of the Project Site).

However, nighttime noise levels would not exceed the nighttime noise standard of 46 dBA at any residences adjacent to the Project Site.

In order to reduce potential impacts from operational noise to the adjacent residences, MM NOI1 requires that noise attenuation be included in the final site design to attenuate noise to levels consistent with the City of Lake Elsinore’s General Plan. These attenuation features could include, but not be limited to, a 12-foot sound wall to be installed along the eastern curb of the car wash tunnel, which willlimit noise impacts to below code-required levels.

Table 10 – Operational Noise Levels Off-Site Land Uses with Recommendations Noise Level (dBA Leq)
Exceeds Exceeds
Receiver Description Daytime Nighttime Daytime Nighttime Threshold1 Threshold?2
R-1 Residence-east 41 34 No No
R-2 Residence-east 53 33 No No
R-3 Residence-east 46 34 No No
R-4 Residence-east 48 38 No No
R-5 Residence-south 40 36 No No
R-6 Residence-south 42 36 No No
R-7 Vacant- north 59 33 No No
R-8 Vacant- north 48 32 No No
R-9 Commercial- west 38 33 No No
R-10 Commercial- west 50 34 No No
1 Daytime thresholds would be exceeded if exterior noise levels exceed 56 dBA at residential uses and 65 dBA at commercial uses from 7:00 a.m. to 10:00 p.m.
2 Nighttime thresholds would be exceeded if exterior noise levels exceed 46 dBA at residential uses and 60 dBA at commercial uses from 10:00 p.m. to 7:00 a.m. 112 | Page

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Traffic
Appendix H also modeled potential impacts from on-site traffic noise and parking lot noise. Traffic noise increases would range from less than 1 dBA to 2 dBA for all but one of the segments analyzed which would not exceed the 3 dBA criterion for offsite traffic noise impacts. The segment of Cambern Avenue from Central Avenue to Driveway 1 shows an increase of 3 dBA, however, noise levels would not exceed 5 dBA, and commercial uses are adjacent to this roadway segment and noise sensitive uses would not be exposed to this project generated traffic noise increase. Therefore, impacts from traffic noise would be less than significant.

Therefore, potential impacts associated with the generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Proposed Project in excess of standards established would be less than significant with mitigation.

Parking Lot Noise
The Noise and Vibration Study (Appendix H) also modeled potential impacts from noise from the parking lot. There are no large gathering areas on the Project Site, and conversational noise would be transient in nature as people transit from vehicles to the store or fuel pumps. Therefore, general conversations would not represent a substantial noise source. Landscape maintenance and waste hauling are regulated by the noise ordinance with allowable hours and other limitations as discussed in Lake Elsinore Municipal Codes 17.176.080(L) and 17.176.090(A). Thus, the primary noise sources of concern would be associated with the car wash, vacuums, drivethru speaker boxes, loading docks, and mechanical equipment. The Project would also generate noise from parking lot activity such as car alarms, car horns, and door slams. Parking lot noise would range from 30 to 63 dBA at 100 feet (Appendix H). Parking lot noise would occur within 15 feet of the nearest property line. Therefore, noise levels would range from 47 to 80 dBA at 15 feet. However, parking lot noise sources would be instantaneous noise sources, such as car door slams and horns, which would not result in an exceedance of the hourly noise level limits in Chapter 17.176.060 of the City’s Municipal Code. Therefore, there would be a less than significant impact from noise generated from the parking lot.

Mitigation Measures:

MM NOI-1: Prior to issuance of a building permit, ensure that the sound attenuation features are identified on the plans and implemented to reduce noise impacts to off-site receptors to levels which comply with the City’s General Plan. These measures may include but not be limited to the following:
• Construct a twelve (12)-foot-tall soundwall along the eastern curb of the car wash tunnel exit for a distance of 20 feet to the south to shield residential receivers east of the Project Site. The soundwall shall connect to the car wash building at the tunnel exit; • Limit car wash operations to daytime hours of 7:00 a.m. to 10:00 p.m. 113 | Page

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Sources: Evergreen Commercial Development Project, Noise and Vibration Study, Rincon Consultants, May 16, 2022 (Appendix H), LEMC, General Plan b) Generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact With Mitigation Incorporated: The Proposed Project would not expose persons to or generation of excessive groundborne vibration or groundborne noise levels.

The following section analyzes the potential vibration impacts associated with the construction and operations of the Proposed Project.

Construction-Related Vibration Impacts
Construction activities known to generate excessive groundborne vibration, such as pile driving, would not be conducted by the Project. The greatest anticipated source of vibration during general project construction activities would be from a large vibratory roller, which may be used within 15 feet of the nearest residential property line. A vibratory roller creates approximately

0.211 in./sec. PPV at a distance of 25 feet (Caltrans 2020). This would equal a vibration level of

0.368 in./sec. PPV at 15 feet. This vibration level would exceed the threshold of 0.25 in./sec. PPV.

Therefore, temporary impacts associated with operation of a large vibratory roller during construction activities within 25 feet of the adjacent residential property lines would be significant.

In order to reduce potential impacts from operational noise to the adjacent residences, MM NOI2 would require that construction noise vibration attenuation be included on the construction plans to attenuate vibration to levels consistent with the most recent Caltrans standards. These attenuation features could include but not be limited use of smaller equipment near property lines.

The Project does not include any substantial vibration sources associated with operation.

Therefore, operational vibration impacts would be less than significant with mitigation.

Mitigation Measures:

MM NOI-2: Prior to issuance of a building permit, ensure that the vibration attenuation features are identified on the plans and implemented to reduce potential vibration levels at property lines adjacent to residential uses. These measures may include but not be limited to implementation of a small vibratory roller when compacting activities are conducted within 25 feet of an adjacent residential property line. A small vibratory roller creates approximately 0.101 in./sec. PPV at a distance of 25 feet (Caltrans 2020). This would equal a vibration level of 0.177 in./sec. PPV at 15 feet. This vibration level would not exceed the threshold of 0.25 in./sec. PPV.

Sources: Sources: Evergreen Commercial Development Project, Noise and Vibration Study, Rincon Consultants, May 16, 2022 (Appendix H), LEMC, General Plan 114 | Page

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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?
No Impact: The Perris Airport is the nearest public airport, located approximately 7.8 miles to the northeast of the Project Site. The Skylark Airport is the nearest private airport, located approximately 4.3 miles to the southeast of the Project Site. According to the noise compatibility contours figure for the Perris Airport in the Riverside County Airport Land Use Compatibility Plan Policy Document (Riverside County Airport Land Use Commission 2004), the Project Site is located outside the airport’s 60 CNEL noise contour. The Skylark Airport is not included in the County Airport Land Use Compatibility Plan Policy Document; however, the airport is primarily used for recreational skydiving and has limited flights because it is not open to the public. Both airports are located over 2 miles from the Project Site. Therefore, no substantial noise exposure from airport noise would occur to construction workers, users, or employees of the project, and no impacts would occur.

Mitigation Measures: No mitigation measures are required.

Sources: Evergreen Commercial Development Project, Noise and Vibration Study, Rincon Consultants, May 16, 2022 (Appendix H)
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-- Site Plan
-- Noise Protection Wall
•
•
Receivers
Blowers -- 40dBA Leq
HVAC -- 45 dBA Leq -- 75 dBA Leq
Loading Dock -- 5o dBA Leq -- 80 dBA Leq
Speaker Box -- 55 dBA Leq -- 85 dBA Leq
Vacuums 60 dBA Leq
Imagery provided by Google Earth and its /icensors © 2021 . 0 160 N
Feet A
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Figure 12: Operational Noise Contours
Source: Appendix H, Figure 5, Rincon Consultants, Inc

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XIV POPULATION AND HOUSING
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
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?
☐ ☐ ☐ ☒
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)?
Less than Significant Impact: The Proposed Project consists of construction of a 57,254 SF commercial center that consists of an anchor grocery store, several quick-serve restaurants, a gas station with a convenience store, and a separate drive-through car wash, which would be constructed in two phases over a total of 8.863 acres. The Proposed Project may directly induce growth through the addition of new businesses. The population is expected to increase from approximately 38,185 in the City in 2005 to 85,376 in the City in 2030. Residents who work within Lake Elsinore are primarily employed in services positions, manufacturing businesses, construction, and retail trade. The proposed Project is consistent with the existing General Plan land use designation (General Commercial) and Zoning classification (General Commercial). No new expanded infrastructure is proposed in conjunction with the proposed Project that could accommodate additional growth in the area that is not already possible with existing infrastructure. Any potential impacts would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan Land Use Map, Zoning Map, General Plan EIR, Project Description b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
No Impact: The Project Site is currently undeveloped and would be subdivided into five lots and developed with a 57,254 SF commercial center that consists of an anchor grocery store, several quick-serve restaurants, a gas station with a convenience store, and a separate drive-through car wash, which would be constructed in two phases over a total of 8.863 acres. In addition, the Project Site is designated General Commercial (GC) per City’s General Plan. Therefore, the development of a commercial use on-site would not result in the displacement of substantial numbers of existing people or housing, which could necessitate the construction of replacement 117 | Page

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housing elsewhere. Therefore, no impacts associated with the displacement of substantial numbers of people or housing would occur.

Mitigation Measures: No mitigation measures are required.

Sources: Project Description, General Plan Land Use Map, Zoning Map 118 | Page

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a)
b)
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XV. PUBLIC SERVICES
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
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:

Fire protection? ☐ ☐ ☒ ☐
Police protection? ☐ ☐ ☒ ☐
c) Schools? ☐ ☐ ☒ ☐
d) Parks? ☐ ☐ ☒ ☐
e) Other public services/facilities? ☐ ☐ ☒ ☐
Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
a) Fire protection?
Less Than Significant Impact: The City contracts for fire services from the Riverside County Fire Department and the California Department of Forestry and Fire Protection (CalFire). The nearest fire station is Station No. 97, located approximately 0.7 mile southwest of the Project Site as shown on Figure 3.7 of the General Plan. The fire department currently serves the existing parcel, and the Proposed Project is consistent with the General Plan land use designation for the Project Site. Therefore, the construction of the Proposed Project would not represent a significant increase in fire service.

Chapter 16.74 of the City of Lake Elsinore Municipal Code establishes a program for the adoption and administration of development impact fees by the City for the benefit of the citizens whereby as a condition to the issuance of a building permit or certificate of occupancy by the City the Property Owner/Developer would be required to pay development impact fees or provide other consideration to the City for the purpose of defraying the costs of public expenditures for capital improvements (and operational services to the extent allowed by law) which would benefit such new development. Section 16.74.049 includes a “Fire facilities fee” to mitigate the additional burdens created by new development for City fire facilities. The Proposed Project would also be 119 | Page

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required to comply with all applicable fire code requirements for construction and access to the Project Site and would be reviewed by the City Fire Department to determine the specific fire requirements applicable to ensure compliance with these requirements. The Proposed Project would not result in substantial adverse physical impacts related to fire protection. Therefore, potential impacts associated with fire protection would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan Figure 3.7 – City of Lake Elsinore, Police and Fire Stations, LEMC b) Police protection?
Less Than Significant Impact: Police protection services are provided by the Lake Elsinore Police Department (LEPD) under contract by the Riverside County Sheriff's Department (RCSD). The Lake Elsinore Police Department/Sheriff's Station is located at 333 Limited Avenue, approximately 2 miles southeast of the Project Site. Chapter 16.74 of the City’s Municipal Code establishes a program for the adoption and administration of development impact fees by the City for the purpose of defraying the costs of public expenditures for capital improvements (and operational services to the extent allowed by law) which would benefit such new development.

The Proposed Project would participate in this development impact fee program to mitigate impacts to police protection resources. Any potential impacts would be considered incremental and can be offset through the payment of the development impact fee. The Proposed Project would not result in substantial adverse physical impacts related to police protection. Therefore, potential impacts associated with police projection would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan Figure 3.7 – City of Lake Elsinore, Police and Fire Stations, LEMC c) Schools?
Less Than Significant Impact: The Project Site is located within the Lake Elsinore Unified School District (LEUSD) which serves most of the City of Lake Elsinore, all of the cities of Canyon Lake and Wildomar, and a portion of unincorporated Riverside County. The Property Owner/Developer would be required to pay school impact fees as levied by the LEUSD, which would provide funding for school facilities. The Proposed Project would not result in substantial adverse physical impacts related to schools. Therefore, potential impacts associated with schools would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan Figure 3.8 – City of Lake Elsinore Schools and District Boundaries d) Parks?
Less Than Significant Impact: Since the Proposed Project does not propose residential uses, a 120 | Page

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direct increase in park uses is not expected as a result of Project implementation. Indirect impacts to park facilities from commercial development would be the occasional use of a park during a lunch or dinner break.

Section 16.34.060 in Chapter 16.34 (Required Improvements) for the City’s Municipal Code requires that prior to the issuance of a building permit, the Property Owner/Developer pay fees for the purposes set forth in that section. Paragraph D of Section 16.34.060 describes the City’s Park Capital Improvement Fund and describes that the City Council has the option to request dedication for park purposes or in lieu thereof, request that the Property Owner/Developer pay a fee for the purpose of purchasing the land and developing and maintaining the City park system.

As is consistent with all commercial projects, the Property Owner/Developer would be required to pay park fees to the City for the purpose of establishing, improving, and maintaining park land within the City, which would apply to all phases of the Project. The Proposed Project would not result in substantial adverse physical impacts related to parks. Therefore, potential impacts associated with parks would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan EIR, LEMC
e) Other public services/facilities?
Less Than Significant Impact: The City of Lake Elsinore is part of the Riverside County Library System. The nearest City of Lake Elsinore library to the Project Site is the Vick Knight Community Library at 32593 Riverside Drive, approximately 2 miles southeast of the Project Site. Section

16.34.060 in Chapter 16.34 (Required Improvements) of the City’s Municipal Code requires that prior to the issuance of a building permit, the Property Owner/Developer pay fees for the purposes set forth in that section. Paragraph B of Section 16.34.060 describes the City’s Library Mitigation Fee and states that an in-lieu fee for future construction of library improvements shall be paid to the City to assure the necessary library facilities are provided the community.

Therefore, potential impacts associated with libraries would be less than significant.

Chapter 16.74 of the City’s Municipal Code establishes a program for the adoption and administration of development impact fees by the City for the purpose of defraying the costs of public expenditures for capital improvements (and operational services to the extent allowed by law) which would benefit such new development. Section 16.74.048 includes an “Animal shelter facilities fee” to mitigate the additional burdens created by new development for animal facilities. In addition, the Property Owner/Developer would be required to pay City Hall & Public Works fees, Community Center Fees, and Marina Facilities Fees prior to the issuance of building permits, which would apply to all phases of construction. Therefore, potential impacts associated with other public services and facilities would be less than significant.

Mitigation Measures: No mitigation measures are required. 121 | Page

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Sources: General Plan EIR, LEMC
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XVI. RECREATION
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Increase the use of existing neighborhood and
regional parks or other recreational facilities
such that substantial physical deterioration of
the facility would occur or be accelerated?
☐ ☐ ☒ ☐
b) Include recreational facilities or require the
construction or expansion of recreational
facilities which might have an adverse physical
effect on the environment?
☐ ☐ ☐ ☒
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?
Less Than Significant Impact. The City of Lake Elsinore Parks and Recreation Master Plan 2008 – 2030 establishes a goal of providing 5 acres of park space per 1,000 residents. The Proposed Project does not include elements (e.g., residential development) that would result in substantial increased demands for neighborhood or regional parks or other recreational facilities. Indirect impacts to park facilities from commercial development would be the occasional use of a park during a lunch or dinner break. As shown on Figure 3.15-1 – Parks of the General Plan EIR, the Rosetta Canyon Sports Park is located within one-half mile of the Project Site. As described in Section XIV(d), the Property Owner/Developer would be required to pay park fees to the City for the purpose of establishing, improving, and maintaining parkland within the City, which would apply to all phases of development. The Proposed Project would not 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. Therefore, potential impacts associated with parks or recreational facilities would be less than significant.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan EIR Figure 3.15-1 – Parks
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? No Impact. The Proposed Project consists of the construction of a 57,254 SF commercial center that consists of an anchor grocery store, several quick-serve restaurants, a gas station with a convenience store, and a separate drive-through car wash, which would be constructed in two phases over a total of 8.863 acres. The Property Owner/Developer would be required to pay park fees to the City for the purpose of establishing, improving, and maintaining park land within the City, which would apply to all phases of construction. The Proposed Project does not include 123 | Page

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recreational facilities and does not require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. Therefore, no impacts associated with recreational facilities would occur.

Mitigation Measures: No mitigation measures are required.

Sources: General Plan EIR, Project Description
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XVII. TRANSPORTATION
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Conflict with program plan, ordinance or policy
addressing the circulation system, including
transit, roadway, bicycle, and pedestrian
facilities?
☐ ☐ ☒ ☐
b) Conflict or be inconsistent with CEQA Guidelines
section 15064.3, subdivision (b)? ☐ ☐ ☒ ☐
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses
(e.g., farm equipment)?
☐ ☐ ☒ ☐
d) Result in inadequate emergency access? ☐ ☐ ☒ ☐
A Traffic Impact Analysis (TIA) was completed to determine potential impacts to traffic associated with the development of the Proposed Project (Appendix I – Central and Cambern Retail Traffic Analysis, Urban Crossroads, July 5, 2022). The TIA focuses on Level of Service (LOS) changes at local intersections and on local roadways as a result of Project-generated traffic. However, the CEQA thresholds of significance for transportation and traffic impacts have changed in recent years. In the past, the CEQA analysis focused on LOS which measures congestion at local intersections and roadway segments. The emphasis of these past studies was to assure the street grid network functioned well and allowed for efficient movement of vehicles. The current focus is to encourage active transportation (e.g., pedestrians, bicyclists, etc.) and transit, and to limit increases in Vehicle Miles Travelled (VMT). A key part of this analysis is to determine if a proposed action is consistent with both the vehicular and non-vehicular aspects of the General Plan. Thus, the LOS analysis using a threshold of LOS D is provided to describe the project effect on local intersections and project consistency with the General Plan circulation requirement.

The Proposed Project consists of construction of a 57,254 SF commercial center that consists of an anchor grocery store, several quick-serve restaurants, a gas station with a convenience store, and a separate drive-through car wash, which would be constructed in two phases over a total of 8.863 acres. The Project would construct the following improvements as design features in conjunction with development of Phase 1 of the site:
• Project to construct Central Avenue (SR-74) to its ultimate half-section width as an augmented urban arterial (134-foot right-of-way) from Cambern Avenue to the eastern Project boundary in compliance with the circulation recommendations found in the City of Lake Elsinore’s General Plan.
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• Project to construct Cambern Avenue to its ultimate half-section width as a secondary highway (90-foot right-of-way and 70-foot curb-to-curb) from Central Avenue (SR-74) to the southern boundary of Phase 1 with two lanes of travel in each direction in compliance with the circulation recommendations found in the City of Lake Elsinore’s General Plan. • Project to implement intersection improvements to the intersection of Cambern Avenue at Central Avenue (SR-74) and other Project driveways (as needed for site access at Driveways 1, 4 and 5).

The Project would construct the following improvements as design features in conjunction with development of the remainder of the site (Project Buildout):
• Project to construct Cambern Avenue to its ultimate half-section width as a secondary highway (90-foot right-of-way and 70-foot curb-to-curb) with two lanes of travel in each direction, in compliance with the circulation recommendations found in the City of Lake Elsinore’s General Plan.
• Project to implement intersection improvements at Project driveways (as needed for site access at Driveways 2 and 3).

For purposes of the traffic analysis in Appendix I, it is anticipated that the Project would be developed with an anticipated Opening Year of 2023. The Project is proposed to take access via the following roadways:
• Driveway 1 on Cambern Avenue: right-in/right-out access only • Driveway 2 on Cambern Avenue: full access
• Driveway 3 on Cambern Avenue: right-in/right-out only • Driveway 4 on Central Avenue (SR-74): right-in/right-out only • Driveway 5 on Central Avenue (SR-74): right-in/right-out/left-in only Existing Conditions
Roadway Classifications
Central Ave/SR-74 is classified in the City of Lake Elsinore Circulation Element of the General Plan as an Urban Arterial Highway, which are six lanes with a minimum right-of-way of 120-feet. These highways are primarily for through traffic where traffic volumes exceed four-lane capacities.

Access from other streets or highways are limited to approximately one-quarter mile intervals.

Cambern Avenue is classified as a Secondary Highway, which has four travel lanes with right-ofway of 90-feet. A Street east of Lake Street is classified as Secondary. Additional four-lane roads in the Alberhill Villages Specific Plan area include A Street, B Street, D Street, and Nichols Road west of Lake Street.
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Bicycle & Pedestrian Facilities
There are no bike lanes on either Central Avenue/SR-74 or Cambern Avenue. The Proposed Project would add a Class II bike lane along Cambern Avenue. Existing pedestrian facilities include a sidewalk along Central Avenue/SR-74, but none exists along Cambern Avenue. The Proposed Project would also add a sidewalk along the Project boundary along Cambern Avenue.

Transit Service
The study area is served by the Riverside Transit Authority (RTA), a public transit agency serving the unincorporated Riverside County region. RTA Route 8 runs along Riverside Drive (SR-74), Collier Avenue, Central Avenue (SR-79), and through parts of Cambern Avenue, 3rd Street, and Dexter Avenue. This route would likely serve the Project in the future. Existing transit routes in the vicinity of the study area are illustrated on Exhibit 3-7. As shown on Exhibit 3-7, there are existing bus stops along the Project’s frontage at Cambern Avenue and Central Avenue. RTA reviews transit service periodically to address ridership, budget, and community demand needs.

Changes in land use can affect these periodic adjustments which may lead to either enhanced or reduced service where appropriate.

Traffic Projection and Impact Analysis Methodology
Several methods are utilized to determine the traffic a potential project would generate and the potential impacts of that new traffic.

Level of Service Evaluation Method
The Level of Service (LOS) method is defined in the Highway Capacity Manual 6 and assigns a qualitative letter grade that represents the operations of the intersection, ranging from LOS A (minimal delay) to LOS F (excessive congestion). LOS E represents at-capacity operations.

Descriptions of the LOS letter grades for signalized and unsignalized intersections are provided in Table 11 - Level of Service Descriptors. The City of Lake Elsinore’s General Plan Circulation Element identifies a LOS “D” as generally acceptable. As discussed below, CEQA and the CEQA Guidelines were recently amended to specify that automobile delay, as described by LOS or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment. Pursuant to CEQA Guideline Section 15064.3(a), generally vehicle miles traveled is the most appropriate measure of transportation impacts. 127 | Page

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Table 11 – Level of Service Descriptors
LOS Description
A Represents free flow. Individual users are virtually unaffected by the presence of others in the traffic stream.

B
In the range of stable flow, but the presence of other users in the traffic stream begins to be noticeable. Freedom to select desired speeds is relatively unaffected, but there is a slight decline in the freedom to maneuver.

C
In the range of stable flow, but this level marks the beginning of the range of flow in which the operation of individual users becomes significantly affected by interactions with others in the traffic stream.

D Represents high-density but stable flow. Speed and freedom to maneuver are severely restricted, and the driver experiences a generally poor level of comfort and convenience.

E
Represents operating conditions at or near the capacity level. All speeds are reduced to a low but relatively uniform value. Small increases in flow will cause breakdowns in traffic movement.

F
Used to define forced or breakdown flow. This condition exists wherever the amount of traffic approaching a point exceeds the amount that can traverse the point. Queues form behind such locations.

Vehicle Miles Traveled Evaluation Method
Senate Bill (SB) 743 was adopted in 2013 requiring the Governor’s Office of Planning and Research (OPR) to identify new metrics for identifying and mitigating transportation impacts within the California Environmental Quality Act (CEQA). For land use projects, OPR has identified Vehicle Miles Traveled (VMT) as the new metric for transportation analysis under CEQA. The regulatory changes to the CEQA guidelines that implement SB 743 were approved on December 28th, 2018, with an implementation date of July 1st, 2020, as the new metric. The City of Lake Elsinore adopted its revised Traffic Impact Analysis Guide on June 23, 2020. The document outlines guidelines for CEQA analysis including screening criteria and requirements for VMT assessment of land use projects based on the Western Riverside Council of Governments (WRCOG) Implementation Pathway Study issued in March 2019.

To aid in the transition to VMT analysis, the Governor’s Office of Planning and Research (OPR) released a Technical Advisory and the City of Lake Elsinore recently adopted new City Guidelines which document the City’s VMT analysis methodology and approved impact thresholds. The following VMT analysis was prepared for the Project based on the newly adopted City Guidelines.

The City Guidelines provides details on appropriate “screening thresholds” that can be used to identify when a proposed land use project is anticipated to result in a less than significant impact.

City Guidelines list the screening thresholds in the following three steps:
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• Transit Priority Area (TPA) Screening
• Low VMT Area Screening
• Project Type Screening
• Small Project/Low GHG Emissions Screening
A land use project need only to meet one of the above screening thresholds to result in a less than significant impact.

Regulatory Setting
Senate Bill 743
Senate Bill 743, adopted in 2013, added section 21099 to the Public Resources Code, which states that automobile delay, as described by level of service (LOS) or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment.

The law also directed the Office of Planning and Research (OPR) to amend the CEQA Guidelines to establish new metrics for determining the significance of transportation impacts of projects.

The California Natural Resources Agency certified and adopted the amended CEQA Guidelines in December 2018. In the amended CEQA Guidelines, OPR selected vehicle miles traveled (VMT) as the preferred transportation impact metric and applied its discretion to require use of VMT statewide, beginning in July 2020. Accordingly, jurisdictions must now use the VMT methodology as the metric for evaluating the environmental impacts on transportation under CEQA instead of the traditional level of service (LOS) methodology. A project’s environmental impacts can no longer focus on vehicle delay at street intersections or on roadway segments but must use the miles a vehicle must travel between a dwelling and commerce, recreation and/or work. The intent of this shift in methodology is to encourage different land use and transportation decisions to reduce greenhouse gas emission, support in-fill development and improve public health through active transportation.

Regional Transportation Plan
The Southern California Association of Governments (SCAG) is a council of governments representing the six-county region of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura counties. Every four years SCAG updates the Regional Transportation Plan (RTP) for the six-county region. On April 7, 2016, the SCAG’s Regional Council adopted the 2016-2040 Regional Transportation Plan / Sustainable Communities Strategy (2016 RTP/SCS). The SCS outlines a development pattern for the region, which, when integrated with the transportation network and other transportation measures and policies, would reduce greenhouse gas emissions from transportation (excluding goods movement). 129 | Page

SAGECREST
PLANNING+ ENYIRONMENIAL
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Local and Regional Traffic Fee Mitigation Programs
Transportation Uniform Mitigation Fee (TUMF) Program
The WRCOG is responsible for establishing and updating TUMF rates. The County may grant to developers a credit against the specific components of fees for the dedication of land, or the construction of facilities identified in the list of improvements funded by each of these fee programs. Fees are based upon projected land uses and a related transportation needs to address growth based upon a 2015 Nexus study update.

TUMF is an ambitious regional program created to address impacts of growth throughout Western Riverside County. Program guidelines are being handled on an iterative basis.

Exemptions, credits, reimbursements, and local administration are being deferred to primary agencies. The County of Riverside serves this function for the proposed Project. Fees submitted to the County are passed on to the WRCOG as the ultimate program administrator.

TUMF guidelines empower a local zone committee to prioritize and arbitrate certain projects.

The Project Site is in the Southwest Zone. The zone has developed a 5-year capital improvement program to prioritize public construction of certain roads. TUMF is focused on improvements necessitated by regional growth.

City of Lake Elsinore Traffic Infrastructure Fee (TIF) Program The City of Lake Elsinore has created its own local Traffic Infrastructure Fee (TIF) program to impose and collect fees from new residential, commercial, and industrial development for the purpose of funding roadways and intersections necessary to accommodate City growth as identified in the City’s General Plan Circulation Element. The City of Lake Elsinore’s TIF program includes facilities that are not part of, or which may exceed improvements identified and covered by the TUMF program.

The City of Lake Elsinore provides a more comprehensive funding and implementation plan to ensure an adequate and interconnected transportation system. Under the City of Lake Elsinore’s TIF program, the City of Lake Elsinore may grant to developers a credit against specific components of fees when those developers construct certain facilities and landscaped medians identified in the list of improvements funded by the TIF program.

The timing to use the TIF fees is established through periodic capital improvement programs which are overseen by the City of Lake Elsinore’s Public Works Department. Periodic traffic counts, review of traffic accidents, and a review of traffic trends throughout the City of Lake Elsinore are also periodically performed by City of Lake Elsinore staff and consultants. The City of Lake Elsinore uses this data to determine the timing of implementing the improvements listed in its facilities list.
130 | Page

SAGECREST
PLANNING+ ENYIRONMENIAL
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Impact Analysis
a) Conflict with program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facility?
Less Than Significant Impact: The City of Lake Elsinore General Plan was established to provide for a safe, convenient, and efficient transportation system for the City. In order to meet this objective, the Circulation Element has been designed to accommodate the anticipated transportation needs based on the estimated intensities of various land uses within the region.

The City of Lake Elsinore utilizes the County of Riverside standards to establish acceptable levels of service along various roadways throughout the City. Riverside County has established, as a countywide target, an LOS “C” on all County-maintained roads and conventional state highways.

As an exception, LOS “D” may be allowed in Community Development areas at intersections with any combination of secondary highways, major highways, arterials, urban arterials, expressways, conventional state highways or at freeway ramp intersections. LOS “E” may be allowed in designated community centers to the extent that it would support transit-oriented development and walkable communities. LOS “D” with a delay of less than 45 seconds per vehicle (midpoint of LOS “D”) is acceptable to Caltrans at signalized intersections. The traffic report in Appendix I further defines the level of service criteria.

The traffic impact study in Appendix I studied a total of 17 intersections, three urban arterial roadways, one major highway, and two secondary roadways. The Existing Conditions and Proposed Conditions are identified in Table 12 – Existing and Proposed Levels of Service.

The Project proposes a Class II bike lane along Cambern Avenue and will be improving pedestrian facilities.
131 | Page

SAGECREST
PLANNING + ENYIRONMENIAL
i Intersection Approach Lanes1 Delay2 Level of
Traffic Nort hbound Southbound Eastbound West bound (secs.) Service # Intersection Control3 L I T I R I L I T I R I L I T I R I L I T I R AM I PM I AM I PM 1 Gunnerson St/Strickland Av. & Rivers ide Dr. (SR-74)
Existing Without Improvements: css 0 1 1 0 1 1 1 1 0 1 1 0 56 .6 108.4 F F EAP (2023) Phase 1 Improvements : Th 0 1 1 0 1 1 1 1. 0 1 1. 0 6.8 8.2 A A EAP (2023) Project Buil dout Improvements : TS 0 1 1 0 1 1 1 2 0 1 2 0 6.9 8.4 A B 2 Coll ier Av. & Riverside Dr. (SR-74)
Existing Without Improvements: TS 1 1 0 1 1 1 0 1 1> 0 1 0 24.9 54.7 C D EAP (2023) Phase 1 Improvements : TS 1. 1 0 1 1 1 0 1 1> 0 1 0 40.6 43.7 D D EAP {2023) Project Buil dout Improvements: TS 2 1 0 1 1 1 0 1 2> 0 1 0 14.3 19.5 B B 3 Coll ier Av. (SR-74) & Central Av. (SR-74)
Existing Without Improvements: TS 1 2 2> 2 2 1 2 2 0 2 1 2> 43.0 50.3 D D EAP (2023) Phase 1 lmprovements:4 TS 1 2 2> 1 2 1 2 2 0 2 1 2> 34.3 43.6 C D EAP (2023) Project Buil dout lmprovements: 4 TS 1 2 2> 3 2 1 2 2 0 2 1 2> 35.3 45.7 D D 6 Dexter Av. & Central Av. (SR-74)
Existing Without Improvements : TS 1 1 0 1 1 1> 1 3 1 1 4 1 38.5 60.9 D E EAP (2023) Phase 1 Improvements : TS 1 1 0 1 1 1> 1. 3 1 1 4 1 28.5 54.1 C D EAP (2023) Project Buil dout Improvements : TS 1 1 0 1 1 1> 2 3 1 2 4 1 27.7 50.5 C D 7 Cambern Av. & Centra l Av. (SR-74)
Existing Without Improvements: TS 1 2 0 1 1 0 2 2 1> 1 2 1 62.2 60.5 E E EAP (2023) Phase 1 Improvements : TS I 1 1 1 1 0 2 1 1> 1 1 1 19.3 26.6 B C EAP (2023) Project Buil dout Improvements: TS 2 1 1 1 1 0 2 3 1> 1 3 1 23.2 43.6 C D 17 Ca mi no Del Norte & Ma in St.

Existing Without Improvements : AWS 0 1 0 0 1 0 1 0 1 0 0 0 12.2 30.6 B D EAP (2023) Pha se 1 Improvements : AWS 1 1 0 0 1 1 1 0 1 0 0 0 12.8 20.2 B C EAP (2023) Project Buil dout Improvements : AWS 1 1 0 0 1 1 1 0 1 0 0 0 13.3 21.5 B C Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Table 12 – Existing and Proposed Levels of Service
Notes:
1 When a right turn is designated, the lane can either be striped or unstriped. To function as a right turn lane there must be sufficient width for right turning vehicles to travel outside the through lanes.

L = Left; T = Through; R = Right; > = Right Turn Overlap; 1 = Improvement 2 Per the Highway Capacity Manual (6th Edition), overall average intersection delay and level of service are shown for intersections with a traffic signal, or all way stop control. For intersections with cross street stop control, the delay and level of service for the worst individual movement (or movements sharing a single lane) are shown. 3 AWS = All-way Stop; CSS = Cross-street Stop; TS = Traffic Signal; TS = Improvement 4 It may not be feasible to accommodate a 3rd southbound left turn lane within the existing right-of-way. Restriping should also be considered to eliminate a southbound through lane to accommodate the third southbound left turn lane.

Table 13 – Existing Plus Ambient Growth Plus Project Plus Cumulative (EPAC) Conditions With Improvements, identifies the potential impacts of the Proposed Project, considering other projects that are known to be in the planning stages in the Project vicinity in the next five years, and includes the Project’s identified improvements.
132 | Page

SAGECREST
PLANNING + ENYIRONMENIAL
• lntersedion A,pproach Lanes:1 Delay' Level of
Traffic Northbound Southbound Eastbound Westbound (secs.) Service II Intersection Controt' L I r l R I L I r l 1R I L I r l R I L l r l R AM I PM IAM IPM 1 Gunn-on SL/Strickland As. & Riseo-s ide Dr. (Sit-74)
El<PC (20 23 1 Ph ase 1 Improvements : TI. 0 1 1 0 1 1 1 1 0 1 1 0 10.7 17.4 :s El El<PC 120 23 1 Proiect Eluildout lmorovements : TS 0 1 1 0 1 1 1 2 0 1 2 0 11.3 20.6 :s C 2 Collier Av. & Ri seo-s ide Dr. (SR-741
El<PC (20 23) Ph ase 1 Improvements : TS ! 1 0 1 1 1 0 1 ~ 0 1 0 14.3 31.1 :s C EJ>:PC (20 23 1 Proj ect Eluildout Improvement s: TS z 1 0 1 1 1 0 1 Z> 0 1 0 16.7 31.3 :s D 3 Collier Av. (SR-74) & Cenlr-al Av. (SR-74)
El<PC (20 23) Ph ase 1 l mprovements :
5 TS 1 2 2> .1 2 1 2 2 0 2 1 2> 35.4 4 1.1 0 D
El<PC (20 23 1 Proj ect Eluildout Improvement s:' -' TS 1 2 2> 3 2 1 2 2 0 2 1 2> 35.S 4 2.1 0 D 4 1-15 SB Ramps & Central Av. (SR-74)
El<PC (20 23) Ph ase 1 Improvements : TS 0 0 0 1 1 1 0 3 1 2 1 0 52.0 53.6 0 D EJ>:PC !20 231 Proiect Elu ildout lmorovement s:' TS 0 0 0 2 1 1 0 3 1 2 3 0 54 .6 54.4 0 D 5 1-15 NEI Ra mps & Central Av. (SR-74)
El<PC (20 23 1 Ph ase 1 Improvements : TS 1 1 1 0 0 0 1 3 0 0 3 1 52.3 52.5 0 D El<PC (20 23 1 Proj ect Eluildout Improvement s:' TS 1 1 2 0 0 0 2 3 0 0 3 1 53.3 54.5 0 D 6 Dexter As. & Cenlr-a l As. (SR-74)
El<PC (20 23) Ph ase 1 Improvements : TS 2. 1 0 1 1 1> 2 .i ll 2 4 1 25.7 32.7 C C EJ>:PC (20 23 1 Proj ect Eluildout Improvement s:' TS z 1 0 1 1 1> 2 4 1> 2 4 1 26.0 49.9 C D 7 Cambem As. & Cenlr-a l As. (SR-74)
El<PC (20 23) Phase 1 Improvements : TS ! ! ! 1 1 0 2 1 l > 1 1 1 29.0 44 .6 C D El<PC (20 23 1 Project Eluildout Improvement s:' TS 2 1 1 2 1 0 2 3 1> 1 3 1 37.3 20 .4 0 C 8 Dexter As. & 3rd St
EJ>:PC (20 23) Ph ase 1 Improvements : TI. 1 1 0 1 1 0 0 1 0 0 1 0 8.5 12.2 A El El<PC (20 23 1 Proj ect Eluildout Improvement s: TS 1 1 0 1 1 0 0 1 0 0 1 0 8.7 13.2 A El 12 cambem As. & Driveway 2
EJ>:PC (20 23) Ph ase 1 Improvements : css 0 0 ! 0 0 0 0 1 ! 0 2 0 12.3 18 .2 :s C El<PC (20 23 1 Proj ect Eluildout Improvement s: css 0 0 1 0 0 0 0 3 1 0 2 0 12.8 19 .6 :s C 11 Ori seway 5 & Cenlr-a l As. (SR-74)
EJ>:PC (20 23) Ph ase 1 Improvements : css 0 0 ! 0 0 0 0 1 ! 0 1 0 13.1 23 .1 :s C EJ>:PC !20 23 1 Proiect Eluildout lmorovement s: css 0 0 1 0 0 0 0 3 1 0 3 0 13.2 17.5 C C 14 Conard Av. & Centra l As. (SR-74)
EJ>:PC (20 23) Phase 1 Improvements : TS 0 1 0 0 1 0 1 1 0 1 1 0 11.2 7.6 :s A El<PC (20 23) Proj ect Eluildout Improvement s:' TS 0 1 0 0 1 0 1 3 0 1 3 0 11.7 7.8 :s A 16 Rosetta Canyon Or. & Cenlr-al As. (SR-74}
El<PC (20 23 1 Ph ase 1 Improvements : TS 2 0 1 0 0 0 0 3 0 1 1 0 51.l 32 .1 0 C El<PC (20 23 1 Proj ect Eluildout Improvements : TS 2 0 1 0 0 0 0 3 0 1 3 0 51.4 32.9 0 C 17 Camino Del Norte & Main SL
EJ>:PC (20 23) Ph ase 1 Improvements : TI. ! 1 0 0 1 ! 1 0 1 0 0 0 12.2 16.4 :s El El<PC !20 23 1 Project Elu ildout Improvement s: IS. 1. 1 0 0 1 1 1 0 1 0 0 0 12.4 17.0 :s El 1 Whe n a tightlunl'I l~ de:sigRa i ed, tti.e- ~arie ai.nejther be striped 01unu1ipe:d. To flJnc:Hon a.s a, right t um la me there must be swffii:l enl width for right turning vehlde:s. 10 tra ve•ouu.lde the throui;hfanes .

L = Left; T = th/ Oi:lgh; R .=. Right; > = Right Tum °'1erta p; !. .: lmpw vemerit :t f et tll'le tlighwa v cape city Manua 1,otti fdilionj. over.a IE .a u"e ra.ge i.nte1se<1lon delia '/ a,t1d ~ \!'el of se1vtce are shown forinters eetlons with a, tr.a tile sl£nitl 0 1 .a II w.a '/ stop control. fi:ir l.nterseetioIu with criMs n reet :s.top conuol, llhe delay .a nd le-ve~ of servi ce for the-wont indi,vi dua~ movement (or motte meinu sh.a ring a, single t ne).a re shown.

I, AWS. = Al l-w fj stOp; CSS. = O'OU-itree-t 5.tttp; n.=.TrafteSigM I~ TI.= lmprovem.enl '" lm.ptov.e m.eints alongcenttal Avenue (Sll-74)fon he PM pea-li:t'low includes liw:reasi.ng the cyde le,ngt.hfro,m 100~,e,c:onds 10 120-seronds.

S, It nwi '{no1 be feasible to accommodate ,a 3 rd soothbo.undl eft tum •ane within the e,i:istlt1g 1ight--ol--way. As s« h, resuiping shoold al:i o be ,cons ideredto e limlt1 .at• a southbound ttlt Ol!l@!h laine to .accommodat e the t hit d soo 1hbou111d le ft trunn ta ne.

Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Table 13 – Existing Plus Ambient Growth Plus Project Plus Cumulative (EPAC) Conditions With Improvements
As shown in Tables 12 and 13, several of the intersections currently do not meet the LOS standard. Project improvements would allow for proposed Project traffic to be consistent with the City’s General Plan.
133 | Page

SAGECREST
PLANNING+ ENYIRONMENIAL
I I
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
The Project will be subject to the City of Lake Elsinore’s TIF fee program and will pay the requisite City of Lake Elsinore TIF fees at the rates then in effect pursuant to the City of Lake Elsinore’s ordinance. Table 14 – Project Fair Share Calculations represents how the analysis in the Traffic Impact Study (Appendix I) identified that the Project would contribute to the City’s planned intersection improvements, which would occur above and beyond the Project’s improvements.

The TIF network improvement needs were last updated in 2002 with an expected completion date by 2025. Improvements are identified in the Nexus Study by location rather than with specific geometrics. Table E of that study identifies TIF improvement locations and eligible program costs but does not provide discrete improvements. As a result, the City of Lake Elsinore, as program administrator, can distinguish if the program fees are sufficient to cover the fair share impacts for proportionality.

Table 14 - Project Fair Share Calculations
# Intersection Existing
Project
Buildout EAPC (2023)
Net New
Traffic
Project % of
New Traffic
2 Collier Av. & Riverside Dr. (SR-74)
AM:

PM:
2,182
3,015
67 88
2,900
4,066
718
1,051

9.3%

8.4%
3 Collier Av. (SR-74) & Central Av. (SR-74)
AM:

PM:
3,806
3,805
83 111
4,783
5,314
977
1,509

8.5%

7.4%
6 Dexter Av. & Central Av. (SR-74)
AM:

PM:
5,152
6,167
256
342
6,446
8,166
1,294
1,999

19.8%

17.1%
7 Cambern Av. & Central Av. (SR-74)
AM:

PM:
4,131
4,035
263
351
5,439
5,995
1,308
1,960

20.1%

17.9%
8 Dexter Av. & 3rd St.

AM:

PM:
505
931
54 74
694
1,224
189
293

28.6%

25.3%
17 Camino Del Norte & Main St.

AM:

PM:
751
1,465
55 75
950
1,779
199
314

27.6%

23.9%
BOLD = Denotes highest fair share percentage
In order to provide for optimum traffic flow conditions, Condition of Approval TRANS-1 was included to require the Property Owner/Developer to pay its fair share of improvements costs for the improvements identified in Table 14.
134 | Page

SAGECREST
PLANNING+ ENYIRONMENIAL
Evergreen Commercial Development Project
Initial Study/Mitigated Negative Declaration
Bicycle & Pedestrian Facilities
There are no bike lanes on either Central Avenue/SR-74 or Cambern Avenue. The Proposed Project would add a Class II bike lane along Cambern Avenue. When the bike paths are completed the Project area will have adequate bicycle circulation for future Project workers and visitors.

Existing pedestrian facilities include a sidewalk along Central Avenue/SR-74, but none exists along Cambern Avenue. The Proposed Project would also add a sidewalk along the Project boundary along Cambern Avenue. Therefore, the Project will have adequate pedestrian access.

Transit Service
The study area is served by the Riverside Transit Authority (RTA), a public transit agency serving the unincorporated Riverside County region. RTA Route 8 runs along Riverside Drive (SR-74), Collier Avenue, Central Avenue (SR-79), and through parts of Cambern Avenue, 3rd Street, and Dexter Avenue. This route would likely serve the Project in the future. Existing transit routes in the vicinity of the study area are illustrated on Exhibit 3-7. As shown on Exhibit 3-7, there are existing bus stops along the Project’s frontage at Cambern Avenue and Central Avenue. RTA reviews transit service periodically to address ridership, budget, and community demand needs.

Changes in land use can affect these periodic adjustments which may lead to either enhanced or reduced service where appropriate.

The preceding analysis demonstrates the Project does not conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities. Therefore, impacts will be less than significant.

Condition of Approval:

The following Condition of Approval is required by the City as part of implementation of the project to assist in meeting the City’s LOS requirements.

COA TRANS-1: Prior to the issuance of a building permit, the Property Owner/Developer shall pay its fair share of the cost of the improvements identified in the Project’s traffic study, to the City of Lake Elsinore.

Source: Traffic Impact Analysis (Appendix I)
b) Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Less Than Significant Impact. CEQA Guidelines Section 15064.3 - Determining the Significance of Transportation Impacts states that VMT is the most appropriate measure of transportation impacts and provides lead agencies with the discretion to choose the most appropriate methodology and thresholds for evaluating VMT. The City of Lake Elsinore Traffic Impact Analysis Guidelines for Vehicle Miles Traveled and Level of Service Assessment, dated June 23, 2020 provides the following VMT screening criteria from Western Riverside Council of Governments (WRCOG) to assess the potential for VMT impacts:
135 | Page