Agenda packet — Lake Elsinore City Council, December 10, 2024 (part 2 of 6)

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Candice Alvarez, MMC, City Clerk
Date: December 10, 2024
Subject: Appointments to the Measure Z Citizens Committee and Planning Commission
Recommendation
Reappoint Israel Ceballos (District 1) and appoint Michele Munoz (District 3) to serve on the Lake Elsinore Measure Z Citizens Committee for terms expiring December 31, 2026; reappoint John C. Gray (District 3) to serve on the Lake Elsinore Planning Commission for a term expiring December 31, 2026; and reappoint Myles Ross (District 5) and Michael Carroll (District 4) and appoint Jason Devor (District 2) to serve on the Lake Elsinore Planning Commission for terms expiring December 31, 2028.

Background
The Measure Z Citizens Committee was established following the passage of Measure Z in November 2020. Its purpose is to provide financial transparency and ensure Measure Z funding is used appropriately to achieve the community’s goals and needs as outlined in the Ordinance establishing the transactions and use tax.

City Council Policy No. 200-5A outlines the qualifications for members of the Measure Z Citizens Committee:
• Members must be at least 18 years old.
• Members cannot serve on another commission, hold a City officer position, be a City employee, or be under an employment contract with the City. • Members must reside within the City Council District represented by the appointing Council Member.
• Members are subject to a background check administered by the Police Department.

Commission Appointments

Page 2 of 2 ends

The Lake Elsinore Planning Commission, per Municipal Code Section 2.24.020, consists of five members who:
• Must be at least 18 years old.
• Must legally reside within the City limits of Lake Elsinore. • Cannot be City officials or employees.

Planning Commissioners are appointed by the City Council by district, with one representative per district. Commissioners are generally appointed to four-year terms; however, on June 13, 2023, the City Council adopted Ordinance No. 2023-1485, which extended the current term for the District 3 Planning Commission representative to December 31, 2024, followed by a two-year term ending December 31, 2026, to align with the 2026 election cycle for the District 3 City Council Member.

Discussion
The City Clerk’s Office posted a Notice of Accepting Applications from October 7, 2024, through November 8, 2024, receiving eleven applications. For the Measure Z Citizens Committee, Mayor Pro Tem Tisdale nominated Israel Ceballos to represent District 1, and Council Member Sheridan nominated Michele Munoz to represent District 3. For the Planning Commission, Mayor Manos nominated Jason Devor to represent District 2, Council Member Sheridan nominated John C.

Gray to represent District 3, Council Member Johnson nominated Michael Carroll to represent District 4, and Council Member Magee nominated Myles Ross to represent District 5.

Based on the application review and nominations, appointments include a reappointment and a new appointment for the Measure Z Citizens Committee and reappointments for Districts 3, 4, and 5, as well as a new appointment for District 2 for the Planning Commission.

Fiscal Impact
There are no fiscal impacts related to this item at this time.

Attachments
Attachment 1 - Israel Ceballos Application
Attachment 2 - Michele Munoz Application
Attachment 3 - John C. Gray Application
Attachment 4 - Myles Ross Application
Attachment 5 - Jason Devor Application
Attachment 6 – Michael Carroll Application
City Clerk’s Office
From: [email protected]
To: City Clerk
Subject: [External]Online Form Submittal: Commission / Committee Application Date: Thursday, October 10, 2024 2:23:46 PM
Message from external sender. Use Caution.

Commission / Committee Application
The City currently has two active Commissions/Committees: the Planning Commission and the Measure Z Citizen Committee. All commissions/committees consist of five members who shall not be officials or employees of the City. Applicants for the Planning Commission shall legally reside within the City limits or be the owner of a business that is established and currently licensed within the City limits (LEMC Section 2.24.020). Applicants for the Measure Z Citizen Committee must legally reside within the City limits. Each commission/committee serves as an advisory body to the City Council on policy matters or reviewing specific issues as directed by the City Council or prescribed by law. Currently, all Planning Commissioners are appointed at-large by a City Council Subcommittee. However, members of the Measure Z Citizen Committee are appointed by district by their elected council representative.

Instructions
Please answer each question completely. This application will be maintained until December 31st of each year. After December 31st, it is necessary to file a new application for another year of eligibility. Please be advised that the City Clerk's Department uses Voter Registration information for verification of residency. Note: This application is subject to the Public Records Act and may be released to the public.

Additional Resources to Assist in Completing Application View a map showing the City limits (PDF).

Find out which City Council District you live in.
(Section Break)
Commission / Committee
Applying For
Planning Commission, Measure Z Citizen Committee
Applicant Eligibility City Resident
(Section Break)
Applicant Information
First Name ISREAL
Last Name CEBALLOS
Address
City Lake Elsinore
State California
Zip Code 92530
Phone Number
Email Address
Length of Residency in
Lake Elsinore
4 years
Length in California 47 years
What City Council
District do you live in?
1 (Section Break)
Business Information (if Applicable)
Business Name Field not completed.

Business Type Field not completed.

Business Address Field not completed.

Lake Elsinore Business
License Number
Field not completed.

Expiration Date Field not completed.

Phone Number Field not completed.

Date Business
Established
Field not completed.
(Section Break)
Education Information
Name of School
Attended
San Bernardino Community College
City & State San Bernardino
Degree Earned Associate
Number of Units
Completed
80 Name of School
Attended
Crafton Hills Community College
City & State Yucaipa
Degree Earned Associate
Number of Units
Completed
12 Certificates Attained Criminal Justice
Philosophy
Religious Studies
(Section Break)
Do you have Economic
Interests, such as
income, investments,
real or personal property,
or outstanding loans
which might present a
potential conflict of
interest?
Yes
(Section Break)
Work History
Current Employer In Home Supportive Services
Address Field not completed.

Dates Worked 12/1/2008 - 10/10/2024
Position Caregiver
Duties Performed Assistance for Reciipient
Daily Living, Daily Chores
Cleaning and Running Errands for Recipient.

Previous Employer Field not completed.

Address Field not completed.

Dates Worked Field not completed.

Position Field not completed.

Duties Performed Field not completed.
(Section Break)
References
Preferably local residents or stakeholders who are qualified to comment on your capabilities
Name Maria Guadalupe Lopez
Address
Phone Number
Name Field not completed.

Address Field not completed.

Phone Number Field not completed.

Name Field not completed.

Address Field not completed.

Phone Number Field not completed.
(Section Break)
Community Service Participation
Please describe types of service you have performed, if any.

Organization Measure Z Committee Member
Types of Service Responsibility of overseeing financial allocation of funds for distribution in our city of Lake Elsinore
Organization Concerned Citizens Of South Central Los Angeles Types of Service Assisting community leaders in outreaching local citizens to assist in the betterment of the city and lowering crime and dilapidated properties in the city
Organization Los Ángeles Soccer League
Types of Service Assisted in the organization and development of soccer programs in the city of Los Angeles in order to better the community and involvement of kids in order to detour said kids from criminal activities through soccer..

Additional
Documentation
Field not completed.
(Section Break)
Are you an Officer or
Member of a policymaking board of a nonprofit organization which receives funding from
the City?
No
If Yes, please list all organizations.

Organization Field not completed.

Position Field not completed.

Organization Field not completed.

Position Field not completed.

Organization Field not completed.

Position Field not completed.

Additional Information Field not completed.
(Section Break)
Have you ever been
convicted of violating any
Federal, State, County or
Municipal law, regulation
or Ordinance, excluding
minor traffic violations?
No
If Yes, please explain. Field not completed.
(Section Break)
I would like to be a positive contributor for the betterment of our Why are you interested
in serving on this
Commission/Committee?
city and be intricate in making Lake Elsinore a safer and productive city for all its residents and visitors.

Please list any
qualifications you may
have to serve on the
Commission/Committee
you are applying for, i.e.
education, related
service or work
experience, budgeting or
financial experience,
community involvement,
etc.

Currently serving on the Measure Z Committee for District #1 (Section Break)
Please note
Appointees will be required to take an Oath of Office and file a completed Statement of Economic Interest form, if appointed to a position specified in the City’s Conflict of Interest Code. Appointees are not considered to be City employees for purposes of benefits, such as workers compensation and health insurance.

Applicant's Declaration and Signature
I certify under penalty of the perjury laws of the State of California that all information on this form is true and correct. By typing my name and the date completed on this form, I am affirming my intent to be a candidate for appointment to a Commission for the City of Lake Elsinore. If appointed I pledge to follow the laws of the City of Lake Elsinore, the policies as set forth by the City Council and to conduct myself in such a manner as to be a good representative of the City.

Signature (Please type
your name)

ISREAL CARLOS CEBALLOS
Date 10/10/2024
Email not displaying correctly? View it in your browser.

From: [email protected]
To: City Clerk
Subject: [External]Online Form Submittal: Commission / Committee Application Date: Thursday, December 5, 2024 11:43:03 AM
Message from external sender. Use Caution.

Additional Resources to Assist in Completing Application View a map showing the City limits (PDF).

Find out which City Council District you live in.
(Section Break)
Commission / Committee
Applying For
Measure Z Citizen Committee
Applicant Eligibility City Resident, Business Owner
(Section Break)
Applicant Information
First Name Michele
Last Name Munoz
Address
City Lake Elsinore
State CA
Zip Code 92532
Phone Number
Email Address
Length of Residency in
Lake Elsinore
30 Length in California 53
What City Council
District do you live in?
Lake Elsinore
(Section Break)
Business Information (if Applicable)
Business Name Muñoz Insurance Agency
Business Type Insurance
Business Address Field not completed.

Lake Elsinore Business
License Number
Field not completed.

Expiration Date Field not completed.

Phone Number Field not completed.

Date Business
Established
9/25/2007
(Section Break)
Education Information
Name of School
Attended
University of Farmers
City & State CA
Degree Earned Business Administration
Number of Units
Completed
Field not completed.

Name of School
Attended
Field not completed.

City & State CA
Degree Earned Field not completed.

Number of Units
Completed
Field not completed.

Certificates Attained Field not completed.
(Section Break)
Do you have Economic
Interests, such as
income, investments,
real or personal property,
or outstanding loans
which might present a
potential conflict of
interest?
No
(Section Break)
Work History
Current Employer Muñoz Insurance Agency
Address
Dates Worked 9/25/2007
Position CEO
Duties Performed Own and operate insurance agency
Previous Employer Field not completed.

Address Field not completed.

Dates Worked Field not completed.

Position Field not completed.

Duties Performed Field not completed.
(Section Break)
References
Preferably local residents or stakeholders who are qualified to comment on your capabilities
Name Kim Cousins
Address Field not completed.

Phone Number
Name Natasha Johnson
Address Field not completed.

Phone Number
Name Tim Sheridan
Address Field not completed.

Phone Number
(Section Break)
Community Service Participation
Please describe types of service you have performed, if any.

Organization Lake Elsinore chamber of commerce
Types of Service Former chairwoman of the board and have served on the board for 15 years.

Organization Lake Elsinore Rotary
Types of Service Have been a member and have served as chair for youth services and vocation. I am also our RYLA chair which is a leadership camp for juniors in high school. We sponsor and send students from our school district. I interview, send and work those students involved.

Organization Tri-Lakes football
Types of Service Served as team mom, athletic director and coach for several years when my children were involved
Additional
Documentation
Field not completed.
(Section Break)
Are you an Officer or
Member of a policymaking board of a nonprofit organization which receives funding from
the City?
Yes
If Yes, please list all organizations.

Organization Lake Elsinore Chamber of Commerce
Position Past chairwoman of the board
Organization Field not completed.

Position Field not completed.

Organization Field not completed.

Position Field not completed.

Additional Information Field not completed.
(Section Break)
Have you ever been
convicted of violating any
Federal, State, County or
Municipal law, regulation
or Ordinance, excluding
minor traffic violations?
No
If Yes, please explain. Field not completed.
(Section Break)
Why are you interested
in serving on this
Commission/Committee?
I have lived in Lake Elsinore since 1994 and love our
community. I also have a business here since 2007. I want to continue to give back and serve my community so that it continues to grow and improve.

I run a successful insurance agency with a staff of 4 for the past 17 years. I also have my bachelor’s degree in business administration. I have been involved in many different levels in our community from little league, para educator, football boosters, coaching, chamber, rotary, Cops for kids, HOPE but I’m most involved in RYLA.
(Section Break)
Please note
Appointees will be required to take an Oath of Office and file a completed Statement of Economic Interest form, if appointed to a position specified in the City’s Conflict of Interest Code. Appointees are not considered to be City employees for purposes of benefits, such as workers compensation and health insurance.

Signature (Please type
your name)
Michele Muñoz
Date 12/5/2024
Email not displaying correctly? View it in your browser.

From: [email protected]
To: City Clerk
Subject: [External]Online Form Submittal: Commission / Committee Application Date: Wednesday, October 9, 2024 5:56:40 AM
Message from external sender. Use Caution.

Additional Resources to Assist in Completing Application View a map showing the City limits (PDF).

Find out which City Council District you live in.
(Section Break)
Commission / Committee
Applying For
Planning Commission
Applicant Eligibility City Resident
(Section Break)
Applicant Information
First Name John C
Last Name Gray
Address
City Lake Elsinore
State CA
Zip Code 92532
Phone Number
Email Address
Length of Residency in
Lake Elsinore
27 years
Length in California 48 years
What City Council
District do you live in?
3 (Section Break)
Business Information (if Applicable)
Business Name Field not completed.

Business Type Field not completed.

Business Address Field not completed.

Lake Elsinore Business
License Number
Field not completed.

Expiration Date Field not completed.

Phone Number Field not completed.

Date Business
Established
Field not completed.
(Section Break)
Education Information
Name of School
Attended
University of Cincinnati
City & State Cincinnati, OH
Degree Earned BS Industrial Management
Number of Units
Completed
Field not completed.

Name of School
Attended
Field not completed.

City & State Field not completed.

Degree Earned Field not completed.

Number of Units
Completed
Field not completed.

Address Field not completed.

Dates Worked Field not completed.

Position Field not completed.

Duties Performed Field not completed.

Previous Employer Glen Ivy Hot Springs
Address
Dates Worked 3/1/1977 - 12/31/2010
Position Field not completed.

Duties Performed CEO
(Section Break)
References
Preferably local residents or stakeholders who are qualified to comment on your capabilities
Name Tim Sheridan
Address Tuscany Hills
Phone Number
Name Amy Hickman
Address Tuscany Hills
Phone Number
Name Myles Ross
Address Lake Elsinore
Phone Number
(Section Break)
Community Service Participation
Please describe types of service you have performed, if any.

Organization City of Lake Elsinore Planning Commission
Types of Service Commissioner since 2012
Organization Field not completed.

Types of Service Field not completed.

Organization Field not completed.

Types of Service Field not completed.

Organization Field not completed.

Position Field not completed.

Organization Field not completed.

Position Field not completed.

Organization Field not completed.

Position Field not completed.

Additional Information Field not completed.
(Section Break)
Have you ever been
convicted of violating any
Federal, State, County or
Municipal law, regulation
or Ordinance, excluding
minor traffic violations?
No
If Yes, please explain. Field not completed.
(Section Break)
Why are you interested
in serving on this
Commission/Committee?
I have enjoyed and, frankly, have felt honored, being of service to the City Council and to the Lake Elsinore community for the past dozen years. My previous background and my Planning Commission experience and competence are my highest
qualifications. I wish to continue as a Planning Commissioner for another term.

Please list any
qualifications you may
have to serve on the
Thirty years' experience as CEO of a successful $25 million (in 2010 when I retired) company, Glen Ivy Hot Springs in Corona, CA. I led the growth of the business from re-startup in 1977 Commission/Committee
you are applying for, i.e.
education, related
service or work
experience, budgeting or
financial experience,
community involvement,
etc.
until 2010. As CEO I was responsible for all facets of the business including facilities design, finance and operations. (Section Break)
Please note
Appointees will be required to take an Oath of Office and file a completed Statement of Economic Interest form, if appointed to a position specified in the City’s Conflict of Interest Code. Appointees are not considered to be City employees for purposes of benefits, such as workers compensation and health insurance.

Signature (Please type
your name)
John C Gray
Date 10/9/2024
Email not displaying correctly? View it in your browser.

From: [email protected]
To: City Clerk
Subject: [External]Online Form Submittal: Commission / Committee Application Date: Thursday, October 31, 2024 1:18:05 PM
Message from external sender. Use Caution.

Additional Resources to Assist in Completing Application View a map showing the City limits (PDF).

Find out which City Council District you live in.
(Section Break)
Commission / Committee
Applying For
Planning Commission
Applicant Eligibility City Resident
(Section Break)
Applicant Information
First Name MYLES
Last Name ROSS
Address
City LAKE ELSINORE
State CA
Zip Code 92532
Phone Number
Email Address
Length of Residency in
Lake Elsinore
12 YEARS
Length in California 64 YEARS
What City Council
District do you live in?
DISTRICT 5
(Section Break)
Business Information (if Applicable)
Business Name Field not completed.

Business Type Field not completed.

Business Address Field not completed.

Lake Elsinore Business
License Number
Field not completed.

Expiration Date Field not completed.

Phone Number Field not completed.

Date Business
Established
Field not completed.
(Section Break)
Education Information
Name of School
Attended

UNIVERSITY OF PHOENIX
City & State PHOENIX, AZ
Degree Earned MBA
Number of Units
Completed
Field not completed.

Name of School
Attended
Field not completed.

City & State Field not completed.

Degree Earned Field not completed.

Number of Units
Completed
Field not completed.

Certificates Attained Field not completed.
(Section Break)
Do you have Economic
Interests, such as
income, investments,
real or personal property,
or outstanding loans
which might present a
potential conflict of
interest?
No
(Section Break)
Work History
Current Employer SELF
Address
Dates Worked 1/1/2012 - 10/31/2024
Position BUSINESS BROKER
Duties Performed BUSINESS SALES AND SERVICES
Previous Employer Field not completed.

Address Field not completed.

Dates Worked Field not completed.

Position Field not completed.

Duties Performed Field not completed.
(Section Break)
References
Preferably local residents or stakeholders who are qualified to comment on your capabilities
Name ROBERT BOB MCGEE
Address ON FILE
Phone Number
Name BRIAN TISDALE
Address ON FILE
Phone Number
Name TIM SHERIDAN
Address ON FILE
Phone Number
(Section Break)
Community Service Participation
Please describe types of service you have performed, if any.

Organization NAACP BRANCH 1034/LAKE ELSINORE
Types of Service CIVIL RIGHTS
Organization Field not completed.

Types of Service Field not completed.

Organization Field not completed.

Types of Service Field not completed.

Organization Field not completed.

Position Field not completed.

Organization Field not completed.

Position Field not completed.

Organization Field not completed.

Position Field not completed.

MY INTEREST IS TO CONTINUE TO SERVICE MY CITY IN

THE CAPACITY AS A COMMISSION AND NUISANCE
ABATEMENT DIRECTOR.

Please list any
qualifications you may
have to serve on the
Commission/Committee
you are applying for, i.e.

MY QUALIFICATIONS ARE THAT OF AN EXPERIENCED
CURRENT AND PAST PLANNING COMMISSIONER.
education, related
service or work
experience, budgeting or
financial experience,
community involvement,
etc.
(Section Break)
Please note
Appointees will be required to take an Oath of Office and file a completed Statement of Economic Interest form, if appointed to a position specified in the City’s Conflict of Interest Code. Appointees are not considered to be City employees for purposes of benefits, such as workers compensation and health insurance.

Signature (Please type
your name)

MYLES F ROSS
Date 10/31/2024
Email not displaying correctly? View it in your browser.

From: [email protected]
To: City Clerk
Subject: [External]Online Form Submittal: Commission / Committee Application Date: Monday, November 25, 2024 6:43:07 PM
Message from external sender. Use Caution.

Additional Resources to Assist in Completing Application View a map showing the City limits (PDF).

Find out which City Council District you live in.
(Section Break)
Commission / Committee
Applying For
Planning Commission
Applicant Eligibility City Resident, Business Owner
(Section Break)
Applicant Information
First Name Jason
Last Name Devor
Address
City Lake Elsinore
State CA
Zip Code 92530
Phone Number
Email Address
Length of Residency in
Lake Elsinore
10 years
Length in California 36 years
What City Council
District do you live in?
4 (Section Break)
Business Information (if Applicable)
Business Name Field not completed.

Business Type Field not completed.

Business Address Field not completed.

Lake Elsinore Business
License Number
Field not completed.

Expiration Date Field not completed.

Phone Number Field not completed.

Date Business
Established
Field not completed.
(Section Break)
Education Information
Name of School
Attended
None
City & State N\A
Degree Earned Nome
Number of Units
Completed
Field not completed.

Name of School
Attended
Field not completed.

City & State Field not completed.

Degree Earned Field not completed.

Number of Units
Completed
Field not completed.

Certificates Attained Field not completed.
(Section Break)
Do you have Economic
Interests, such as
income, investments,
real or personal property,
or outstanding loans
which might present a
potential conflict of
interest?
Yes
(Section Break)
Work History
Current Employer Hit Print
Address
Dates Worked 12/31/2020
Position CEO
Duties Performed Field not completed.

Previous Employer Field not completed.

Address Field not completed.

Dates Worked Field not completed.

Position Field not completed.

Duties Performed Field not completed.
(Section Break)
References
Preferably local residents or stakeholders who are qualified to comment on your capabilities
Name Ken Devor
Address
Phone Number
Name Shaun Brock
Address Field not completed.

Phone Number
Name Mike Norkin
Address Field not completed.

Phone Number
(Section Break)
Community Service Participation
Please describe types of service you have performed, if any.

Organization Cops 4 kids
Types of Service On board of directors
Organization LEGS softball
Types of Service Coach
Organization Field not completed.

Types of Service Field not completed.

Organization Field not completed.

Position Field not completed.

Organization Field not completed.

Position Field not completed.

Organization Field not completed.

Position Field not completed.

Additional Information Field not completed.
(Section Break)
Have you ever been
convicted of violating any
Federal, State, County or
Municipal law, regulation
or Ordinance, excluding
minor traffic violations?
No
If Yes, please explain. Field not completed.
(Section Break)
Why are you interested
in serving on this
Commission/Committee?
I love this city and look to further my involvement to see its successful growth. I have hosted and organized a multitude of free community events just to give back. This would be a wonderful opportunity to serve the community in a more official capacity.

Please list any
qualifications you may
have to serve on the
Commission/Committee
I own and operate 2 successful businesses with experience in budgeting, operations and negotiations. I also have deep ties to the business community.
you are applying for, i.e.
education, related
service or work
experience, budgeting or
financial experience,
community involvement,
etc.
(Section Break)
Please note
Appointees will be required to take an Oath of Office and file a completed Statement of Economic Interest form, if appointed to a position specified in the City’s Conflict of Interest Code. Appointees are not considered to be City employees for purposes of benefits, such as workers compensation and health insurance.

Signature (Please type
your name)
Jason Devor
Date 11/25/2024
Email not displaying correctly? View it in your browser.

From: [email protected]
To: City Clerk
Subject: [External]Online Form Submittal: Commission / Committee Application Date: Thursday, November 7, 2024 7:28:17 PM
Message from external sender. Use Caution.

Additional Resources to Assist in Completing Application View a map showing the City limits (PDF).

Find out which City Council District you live in.
(Section Break)
Commission / Committee
Applying For
Planning Commission
Applicant Eligibility City Resident, Business Owner
(Section Break)
Applicant Information
First Name Michael
Last Name Carroll
Address
City Lake Elsinore
State California
Zip Code 92530
Phone Number
Email Address
Length of Residency in
Lake Elsinore
20 Years
Length in California 30 Years
What City Council
District do you live in?
Lakeside
(Section Break)
Business Information (if Applicable)
Business Name Nucor Rebar Fabrication
Business Type Rebar
Business Address
Lake Elsinore Business
License Number
Field not completed.

Expiration Date Field not completed.

Phone Number Field not completed.

Date Business
Established
Field not completed.
(Section Break)
Education Information
Name of School
Attended
UNLV
City & State Las Vegas, NV
Degree Earned University Studies
Number of Units
Completed
157
Name of School
Attended
Field not completed.

City & State Lakeside
Degree Earned Field not completed.

Number of Units
Completed
Field not completed.

Certificates Attained Bachelors
(Section Break)
Do you have Economic
Interests, such as
income, investments,
real or personal property,
or outstanding loans
which might present a
potential conflict of
interest?
No
(Section Break)
Work History
Current Employer Nucor
Address
Dates Worked 9/25/2023 - 11/7/2024
Position District Sales Manager
Duties Performed Managing sales of Southern California in total of Approx. $200,000,000 Annually
Previous Employer BuildersMax
Address 1207 N East St. Anaheim, Ca. 92805
Dates Worked 7/1/2022 - 9/25/2023
Position Field not completed.

Duties Performed Business Development Manager. In charge of developing and help sell Concrete forming and Rebar products throughout the Southwest US.
(Section Break)
References
Preferably local residents or stakeholders who are qualified to comment on your capabilities
Name Mathew Dobler
Address
Phone Number
Name Kim Cousins
Address
Phone Number
Name Nicole Carroll
Address
Phone Number
(Section Break)
Community Service Participation
Please describe types of service you have performed, if any.

Organization California Land Conservancy
Types of Service Land Conservation around California. Serves as board member Organization Field not completed.

Types of Service Field not completed.

Organization Field not completed.

Types of Service Field not completed.

Organization Field not completed.

Position Field not completed.

Organization Field not completed.

Position Field not completed.

Organization Field not completed.

Position Field not completed.

Additional Information Field not completed.
(Section Break)
Have you ever been
convicted of violating any
Federal, State, County or
Municipal law, regulation
or Ordinance, excluding
minor traffic violations?
No
If Yes, please explain. Field not completed.
(Section Break)
Why are you interested
in serving on this
Commission/Committee?
I have served this City via the Planning Commision for 12 years. The City has trained me in many areas including CEQA, Land Zoning and future needs of the residents. I have lived in this City for over 20 years and look foreword to helping my kids understand the great qualities this City has.

Please list any
qualifications you may
I have deep knowledge of Land Development. Including CEQA and Enviromental Habitat and Restoration of the habitat. I have have to serve on the
Commission/Committee
you are applying for, i.e.
education, related
service or work
experience, budgeting or
financial experience,
community involvement,
etc.
deep knowledge of zoning and the history of Lake Elsinore. (Section Break)
Please note
Appointees will be required to take an Oath of Office and file a completed Statement of Economic Interest form, if appointed to a position specified in the City’s Conflict of Interest Code. Appointees are not considered to be City employees for purposes of benefits, such as workers compensation and health insurance.

Signature (Please type
your name)
Michael Carroll
Date 11/7/2024
Email not displaying correctly? View it in your browser. 13) Public Works Construction Agreement for Endresen Development Inc. Bid Set ‘E’ and ‘F’ Cement Plaster and Exterior Brick Walls on the New City Hall Project (CIP Project #Z20006)
Approve and authorize the City Manager to execute a Public Works Construction Agreement with Endresen Development Inc. in an amount not to exceed $960,000.00 for Bid set ‘E’ and ‘F’ Cement Plaster and Exterior Brick Walls on the new City Hall Project (CIP Project #Z20006) in such final form as approved by the City Attorney.

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: December 10, 2024
Subject: Public Works Construction Agreement for Endresen Development Inc. Bid Set ‘E’ and ‘F’ Cement Plaster and Exterior Brick Walls on the New City Hall Project (CIP Project #Z20006)
Recommendation
Approve and authorize the City Manager to execute a Public Works Construction Agreement with Endresen Development Inc. in an amount not to exceed $960,000.00 for Bid set ‘E’ and ‘F’ Cement Plaster and Exterior Brick Walls on the new City Hall Project (CIP Project #Z20006) in such final form as approved by the City Attorney.

Background
On September 10, 2024, the City posted on PlanetBids the notice inviting bids for the City Hall, Bid Set ‘E’ and ‘F,’ Cement Plaster and Exterior Brick Walls. During the open bid time frame, seven prospective contractors reviewed the bid document; however, on the bid date deadline of October 9, 2024, no bids were submitted. Although several of the prospective bidders were contractors that have provided bids and were awarded contracts with the City in the past, it was determined through discussions with them that these contractors are currently heavily committed and unable to take on additional work of this scale.

City Hall Cement Plaster and Exterior Brick Walls
Discussion
Following these efforts to receive competitive bidding, the City engaged and negotiated an agreement amount to satisfy all of the requirements in Bid Set ‘E’ and ‘F’’, Cement Plaster and Exterior Brick Walls on the new City Hall Project (CIP Project #Z20006). If no bids are received, the California Contract Code Chapter 22038 provides exceptions to notices inviting bids. Stated, “If no bids are received through the formal or informal procedure, the project may be performed by the employees of the public agency by force account or negotiated contract without further complying with this contract code article.” Therefore, the City has negotiated a change order for the entire scope. This negotiated amount is well within the designed architectural anticipated cost and stucco, as well as masonry standards for comparable work.

In this negotiated agreement, all the scope of work elements in the notice inviting bid, Bid Set ‘E’ and ‘F,’ Cement Plaster and Exterior Brick Walls, are sustained. The Lake Elsinore City Hall Complete Bid Set ‘E’ and ‘F’, Cement Plaster, and Exterior Brick Walls is available upon request.

Due to its large size, it will not be attached. It is further understood that the Contractor, Endresen Development Inc., will provide a fully bonded (Labor, Material, and Performance bonds) agreement from a California-admitted surety for the additional scope of work.

Fiscal Impact
The City Hall Project (CIP Project Z20006) is included in the Fiscal Year 24/25 – 28/29 Capital Improvement Plan (CIP) budget.

Attachments
Attachment 1 - Agreement
Exhibit A - Negotiated Proposal Dated November 7, 2024
City Manager’s Office
1 Agreement No. __________

AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Endrensen Development Inc.

For the
City Hall Bid Set ‘E’ and ‘F’
Cement Plaster and
Exterior Brick Walls
CIP PROJECT NO. Z20006
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of December 10, 2024 by and between the City of Lake Elsinore, a municipal corporation (“City”) and Endresen Development Inc. (“Contractor”).

The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows:

1. The Project and Project Documents. Contractor agrees to construct the following public improvements (“work”) identified as:

City Hall Bid Set ‘E’ and ‘F’ Cement Plaster and Exterior Brick Walls(the “Project”) The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Staff, are identified as:

Bid Set ‘E’ and ‘F’ Cement Plaster and Exterior Brick Walls The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein.

2. Compensation.
a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being nine hundred sixty thousand dollars and no cents ($960,000.00).
2 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

3. Completion of Work.
a. Contractor shall perform and complete all work within 65 working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of $1,000 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 3 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor.

Any change to the work shall be by way of a written instrument (“change order”) signed by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance.

The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the City’s approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes.

5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney.

6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.

7. Licenses. Contractor represents and warrants to City that it holds the contractor’s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license.

8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to
4 property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause.

This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
5 iv. Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). v. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants.

The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of 6 performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Endresen Development Inc.

Attn: Josh Endresen
15301 Alvarado Street
Lake Elsinore CA 92530

11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 7 17. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of the City.

20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

22. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. 8 b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810.

23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page]
9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Endresen Development Inc.

City Manager
ATTEST:

By: Josh Endresen
Its: Owner
City Clerk
APPROVED AS TO FORM:

By: Click or tap here to enter text.

Its: Click or tap here to enter text.

City Attorney
Assistant City Manager

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]
Endresen Development Inc
15301 Alvarado Street
Lake Elsinore, CA 92530

ADDRESS
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Proposal # 1533
DATE 11/07/2024

PROJECT
City Hall Stucco

DESCRIPTION QTY RATE AMOUNT
New construction Lath & Stucco
• Finish Smooth Stucco
• Lath, Self Furring Structalath Attached with Staples, 2 Layers of 60 minute Grade D Weather Resistant Building
Paper, Galvanized Corner and Weep Screed.
• Crack Reduction System with Embedded mesh
• Samples, We provide up to Three
1’x1’ Samples for Color and Texture. Each Additional
Sample will Cost $65.
• Cracking, Stucco will Crack, we will do
our Best to Minimize Cracking.
• Debris, Debris to be Placed in Container Supplied by
GC/Owner
1 470,000.00 470,000.00
-Thin Brick
Running Bond.

Pacific Clay, Norman
Red Flashed Mortar
-Thin Brick
Soldier Course.

Pacific Clay, Norman
Red Flashed Mortar
-Thin Brick
Medallion
Pacific Clay, Norman
Red Flashed Mortar
1 490,000.00 490,000.00
TOTAL $960,000.00
Accepted By Accepted Date
14) Amendment No. 1 to the Professional Services Agreement with Inland Foundation Engineering, Inc. for Geotechnical Services on the City Hall Project #Z20006 Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Inland Foundation Engineering, Inc. in an amount not to exceed $75,000.00 for geotechnical services related to the City Hall project in such final form as approved by the City Attorney.

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: December 10, 2024
Subject: Amendment No. 1 to the Professional Services Agreement with Inland Foundation Engineering, Inc. for Geotechnical Services on the City Hall Project #Z20006
Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Inland Foundation Engineering, Inc. in an amount not to exceed $75,000.00 for geotechnical services related to the City Hall project in such final form as approved by the City Attorney.

Background
On August 27, 2024, the City entered into a professional services agreement with Inland Foundation Engineering, Inc. to provide geotechnical engineering services with valued engineering concepts. These services are needed to create an engineered building site and satisfy ongoing structural inspections of concrete, steel, and framing on the project. Inland Foundation Engineering, Inc.

Discussion
This agreement contains standard geotechnical engineering services for construction projects and will include the needed geotechnical engineering construction documentation to affect structural certification. These tasks are included in the following:

Change Order #1 Inland Foundation Engineering

Page 2 of 2 ends

Geotechnical Observation, Testing, and Sampling
• Geotechnical evaluation of building area excavation bottoms • Compaction testing during fill placement
• Compaction testing of footing excavations and floor slab subgrade • Concrete Inspection, Sampling, and Testing
• Mix design review and verification
• Concrete sampling and testing for slump, temperature, and air content during the construction of foundations, floor slabs, and other structural concrete. • Batch plant inspection
Reinforced Masonry Inspection and Testing
• Verification of reinforcement placement
• Inspection of anchor and other embedded placement
• Sampling and fabrication of concrete masonry units (CMU), grout, mortar Structural Steel and Welding Inspection
• Verify WPS, welder qualifications, and equipment
• Verify heat numbers and mill certification information for all materials Welding Inspection during Shop Fabrication of Structural Steel Components • Site welding inspection
• High-strength bolt sampling, testing, and material verification Laboratory Testing
• Reinforcing steel – bend and tensile strength
• High-strength bolts and nuts – hardness and tensile strength • Concrete – compressive strength
• Masonry core shear strength
• Soil and aggregate base – optimum moisture content, maximum density The Inland Foundation Engineering, Inc. amendment will include all of the originally proposed services in greater quantity, specifically the structural steel and welding Inspection and welding inspection during shop fabrication of structural steel components.

Fiscal Impact
Funding costs are included in the Fiscal Year 24/25 – 28/29 Capital Improvement Plan (CIP) budget, CIP Project #Z20006.

Attachments
Attachment 1 – Amendment No. 1
Attachment 2 – Original Agreement
City Manager's Office
AMENDMENT NO. 1

TO AGREEMENT FOR PROFESSIONAL SERVICES
Inland Foundation Engineering, Inc.

Geotechnical Engineering Services for City Hall (Project #Z20006) This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 12/10/2024, by and between the City of Lake Elsinore, a municipal corporation (“City), and Inland Foundation Engineering, Inc., a corporation (“Consultant”).

RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 8/27/2024, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

B. The Original Agreement provided for compensation to Consultant in an amount of fifty thousand dollars ($50,000.00).

C. The parties now desire to increase the payment for such services as set forth in this Amendment No 1.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows:

1. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:

Notwithstanding the foregoing, for purposes of Amendment No. 1 and the term thereof, compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Consultant’s Proposal (Exhibit A). In no event shall Consultant’s compensation related to Exhibit A exceed one hundred twenty-five thousand dollars ($125,000.00) without additional written authorization from the City Council.

Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A respectively, shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

2. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONSULTANT”
Inland Foundation Engineering, Inc.

City Manager
Date:

Allen D. Evans P.E., Principal
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager

15) Purchase of Mobile Nanobubble System
Approve and authorize the City Manager to execute a purchase order with Moleaer, Inc., in an amount not to exceed $262,685 plus applicable sales tax for the purchase of a mobile nanobubble system in such final form as approved by the City Attorney, and waive the formal bidding process per Municipal Code Section 3.08.070(G) for the purchase since it is a non-replicable, custom water treatment system.

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Adam Gufarotti, Community Support Manager
Date: December 10, 2024
Subject: Purchase of Mobile Nanobubble System
Recommendation
Approve and authorize the City Manager to execute a purchase order with Moleaer, Inc., in an amount not to exceed $262,685 plus applicable sales tax for the purchase of a mobile nanobubble system in such final form as approved by the City Attorney, and waive the formal bidding process per Municipal Code Section 3.08.070(G) for the purchase since it is a non-replicable, custom water treatment system.

Background
As Southern California’s largest freshwater lake, Lake Elsinore is crucial for wildlife and recreation. Situated at the bottom of the San Jacinto Watershed, the lake has faced algae blooms and water quality issues due to nutrient-rich sediment from the watershed.

In 2023, the City Council passed our first Lake Management Plan and has since installed three nanobubble barges that inject oxygen into the lake and prevent phosphorus release from the sediment. Early results show promising improvements in the lake’s appearance, dissolved oxygen levels, and Oxidative Reduction Potential (ORP).

Purchase of Mobile Nanobubble System

Page 2 of 2 ends

Discussion
In September 2024, a minor fish die-off in the lake caused by the Airport Fire led to the installation of a temporary nanobubble system to increase oxygen levels. Our current shore-powered barges are immobile, creating a need for a mobile nanobubble unit to improve oxygen levels in poorly mixed areas like the northwest corner, inlet channel, coves near the levee, and back basin, which are prone to algal blooms. Additionally, the Summerly Detention Ponds required additional support, and this unit was deployed in late November 2024 to provide H2S (odor) control, algae mitigation, muck digestion, and nutrient management.

To address these problem areas and enhance our treatment capacity, staff recommends purchasing a mobile nanobubble trailer. This trailer, equipped with the same advanced nanobubble technology as our floating barges, can pump 1.4 million gallons per day and be deployed to target specific hot spots.

Investing in this mobile nanobubble unit will allow us to efficiently treat the entire lake and respond to emergencies like the Airport Fire’s effects.

Fiscal Impact
Funding costs are included in the Fiscal Year 2024/2025 Measure Z Budget.

Attachments
Attachment 1 - Quote
City Manager’s Office

CITY OF LAKE ELSINORE
- USED/DEMO NBG4 O2
O3 TRAILER
#20241116-140257861
Issued
November 16, 2024
Expires
December 31, 2024
Moleaer Inc
3232 W El Segundo Blvd
Hawthorne, California 90250
United States
Chris Stephan
[email protected]
About Moleaer
Moleaer is the category creator and global leader in Nanobubble Technology, a rapidly emerging class of science that offers sustainable, cost-effective alternatives to conventional chemicals for treating water and wastewater, cleaning surfaces, increasing food production, improving natural resource recovery and producing advanced materials. With over 3,000 nanobubble systems deployed globally – in greenhouses, open-field farms, aquaculture facilities, large lakes and reservoirs, wastewater treatment plants, and consumer applications like home spas – Moleaer is helping customers maximize every drop of water, enabling them to do more, using less. Industries worldwide are leveraging Moleaer's solutions, which enhance the value of water, to boost productivity and efficiency while minimizing their water, chemical and energy footprint – contributing to a more resilient and sustainable future.

Project Application
Moleaer is pleased to offer this proposal to the City of Lake Elsinore for a trailer mounted Moleaer NBG4 O2 O3 nanobubble system to provide H2S (odor) control, algae mitigation, muck digestion and nutrient management.

Purchase Terms
Payment Terms:

Prepared for
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
United States
Adam Gufarotti
Community Support Manager
[email protected]
19516743124
-Upon City Council approval
Lead Time:
- To be delivered wk of Nov 25, 2024 for rental, then client would be in possession if/when approved at City Council vote on Dec 10, subject to documentation Contact:

Adam Gufarotti
Moleaer is to provide:
-Tandem axle, 7500?# gvwr, enclosed trailer with rear door and walk in man door, roof top HVAC unit, interior lights and breaker panel. Normal small dents, scratches from use
-Touchscreen HMI control screen
-Self priming Gorman Rupp T6 pump
-Ingersoll Rand Rotary Screw Compressor with receiver tank -Air Sep AS-E Oxygen Concentrator, 13#/hr
-PTI 50g/hr Ozone Generator (up to .2ppm)
-Moleaer NBG4 SS316 Nanobubble Generator
-6" Flange Fittings on exterior of trailer
-Intake screen with foot valve
-1 yr parts and labor warranty
-On Site commissioning support for initial installation -Arrange freight from MN, customer to pay freight amount -Supply of 100' of 6" suction hose with fittings
Customer is to provide:
-Payment per terms above
-Any/all necessary permits and permissions for use
-Access to site for Moleaer service and support
-Level installation site, less than 20' from waters edge and less than 6' suction lift -Supply and connection of 3ph 480V 65A power, expected operating to be ~45A -Installation of intake screen in area free of aquatic vegetation. If vegetation, use with proper additional fencing/netting/screen to handle any free floating deleterious materials
-Monthly CIP (Clean in Place) of nanobubble generator with 30% vinegar or approved cleaning solution
-Maintenance of air system/compressor and pump per manufacturers recommendations (compressor 4x per year filters etc, annual service of air sep sieves and annual inspection of pump alignment and seals. Or may contract with Moleaer or outside vendors
Products & Services
Products &
Services
Product
ID Quantity Unit price Price
Trailer
7' x 16', enclosed,
walk and rear open
doors, HVAC
1 $252,685.00 $252,685.00
Moleaer NBG4
SS316 Nanobubble
Generator
~1,000 gpm flow
1 $0.00 $0.00
Gorman Rupp T-6
positive suction
pump
~1,000 gpm
1 $0.00 $0.00
Air Sep AS-E
Oxygen
Concentrator
160-195 scfh
1 $0.00 $0.00
PTI Ozone
Generator
50g/hr with ambi‐
ent safety
monitoring
1 $0.00 $0.00
Ingersoll Rand Air
Compressor
1 $0.00 $0.00
Touchscreen HMI
Controls with
Alarms
Includes 1st year
remote monitoring
1 $0.00 $0.00
Products &
Services
Product
ID Quantity Unit price Price
6" Suction and
Discharge Hose
100' with fittings
1 $6,200.00 $6,200.00
Intake Screen and
check valve
~1,000 gpm, NOT
NOAA compliant
1 $0.00 $0.00
Freight from MN to
CA
1 $3,800.00 $3,800.00
One-time subtotal $262,685.00
Total $262,685.00
Total contract value $262,685.00

MOLEAER STANDARD TERMS AND CONDITIONS OF SALE
(2024)

1. CONDITIONS. These Standard Terms and Conditions of Sale (these “Conditions”) govern the sale of products (the “Goods”) by Moleaer, Inc. (“Moleaer”) to the entity (“Buyer” and, with Moleaer, the “Parties”) identified in the proposal, sales quote or agreement to which these Conditions are attached and any purchase order issued with respect thereto (such proposal, sales quote or agreement and each order with respect thereto, the “Order” and, together with these Conditions as one integrated agreement, this “Contract”). Unless otherwise stated herein, Buyer's execution or issuance of the Order or receipt of any portion of the Goods shall constitute acceptance of these Conditions. This Contract constitutes the entire agreement between the Parties, supersedes all prior written or oral communications or understandings concerning the subject matter herein and takes precedence over and controls any different or conflicting terms or conditions of Buyer’s purchase order or acceptance. In the event of a conflict between these Conditions and the Order, these Conditions control unless the Order expressly modifies same, specifically references the term of these Conditions that is so modified and is signed by the Parties. No waiver or amendment of any of the provisions of this Contract shall be effective unless in writing and executed by both Parties.
. PRICES AND PAYMENT. All prices are quoted on a EXW, CIF, CFR or FCA basis.

Unless otherwise specified in the Order, all freight and other transportation and insurance charges and costs shall be borne by Buyer and Buyer will be liable for any sales, use or excise tax, custom, inspection or testing fee, import duty, clearance expense or any other tax, fee, or charge imposed by any governmental authority upon the sale, purchase, delivery, storage, processing, use or consumption of the Goods. Unless otherwise specified in the Order, payment shall be required upon delivery of the Goods. Buyer shall pay interest on any overdue amount at the rate of one-percent (1%) per month, prorated weekly, without prejudice to any other rights of Moleaer.

3. DELIVERY. Unless specified in the Order, delivery of the Goods to a carrier at Moleaer’s factory shall constitute “delivery” to Buyer. If Buyer or its carrier does not take delivery of the Goods on the date scheduled by Moleaer, then Buyer shall promptly pay to Moleaer an inventory carrying cost equal to one-third of a percent (0.333%) of the purchase price for each unit of Goods held per day of delay. Title to and all risks of loss and/or damage to the Goods shall pass to Buyer upon delivery. Moleaer does not guarantee any delivery date unless specified in the Order.

4. LIMITED WARRANTY. Moleaer warrants that the Goods will be free from defects in material and workmanship for a period of twelve (12) months from delivery (the “Warranty Period”). Moleaer shall in no event be liable for defects or damage attributable to modifications performed or repair work done other than by Moleaer personnel, use of service parts or components not authorized by Moleaer, or abuse, accident, negligence, catastrophe, force majeure event, shipment, improper use including but not limited to circumstances where pumps and/or compressors included in the Goods are not operated in accordance with the original pump or compressor manufacturer’s specifications, maintenance, storage or application or any other external cause.

EXCEPT FOR ANY WRITTEN PERFORMANCE WARRANTY THAT MOLEAER HAS

EXPRESSLY INCORPORATED IN THIS CONTRACT, THE GOODS ARE PROVIDED BY MOLEAER “AS IS” AND WITH ALL FAULTS, AND MOLEAER SPECIFICALLY

DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS,

IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY

WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR

PURPOSE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ANY IMPLIED WARRANTY THAT CANNOT BE

DISCLAIMED BY LAW IS LIMITED TO THE DURATION OF THE WARRANTY PERIOD. MOLEAER DOES NOT WARRANT THAT THE GOODS WILL MEET BUYER’S REQUIREMENTS OR ACHIEVE ANY SPECIFIC RESULTS. WITHOUT

LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES

AND AGREES THAT BUYER IS SOLELY RESPONSIBLE FOR USE OF THE GOODS COMPLIANCE WITH APPLICABLE LAWS, RULES AND REGULATIONS.

5. CLAIMS; EXCLUSIVE REMEDY. Any warranty claim must be made to Moleaer in writing within ten (10) days of discovery of the alleged defect. After obtaining prior written authorization from Moleaer, Buyer shall return all allegedly defective Goods, freight pre-paid, for examination by Moleaer. If Moleaer finds that the Goods are defective and covered by the warranty, Moleaer’s sole obligation shall be, at Moleaer’s option, to repair or replace the Goods (which replacement may include refurbished Goods), or to refund the purchase price therefor, and to reimburse Buyer’s reasonable shipping costs. Buyer shall be responsible for all charges for handling of returned items not found defective.

The remedy set forth in this paragraph 4 is Buyer’s sole and exclusive remedy for any breach of warranty or claim related to the Goods other than pursuant to any written performance warranty that Moleaer has expressly incorporated in this Contract.

6. LIMITED LIABILITY. MOLEAER SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT,

CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FOR LOST

OR PROSPECTIVE PROFITS OR OTHER ECONOMIC DAMAGES, ARISING OUT OF OR RELATED TO THIS CONTRACT OR THE GOODS. MOLEAER’S TOTAL LIABILITY,

WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE

PORTION OF THE PRICE PAID BY BUYER ALLOCABLE TO THE GOODS GIVING RISE TO THE LIABILITY. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. This limitation shall not apply to claims for personal injury directly caused by Moleaer’s willful or reckless acts.

7. INTELLECTUAL PROPERTY; CONFIDENTIALITY. Nothing in this Contract conveys any license, right, title or interest in or to the intellectual property of Moleaer to Buyer or any other person or entity. To the extent Buyer is (or has been) provided or accesses (or has accessed) any Confidential Information (defined below), Buyer shall not (i) use any Confidential Information other than to perform under this Contract or (ii) disclose or provide access to any Confidential Information to any other person or entity. Without limiting the foregoing, Buyer shall not, and shall not permit or assist any other person or entity to, reverse engineer or otherwise attempt to extract, learn or derive Confidential Information with respect to the Goods, in whole or in part, or otherwise attempt to use the Confidential Information or the Goods to unfairly compete directly or indirectly with Moleaer. These restrictions shall not apply to information that Buyer can demonstrate (1) is in the public domain through no fault of Buyer or persons to whom it disclosed such information, (2) was independently developed by or for Buyer prior to receipt from Moleaer or (3) was disclosed to Buyer by a third party with the legal right to do so, free of any restrictions on subsequent disclosure. Buyer also may disclose Confidential Information to the extent compelled by court order or applicable law, provided that it shall provide Moleaer with prior (or if not legally permitted, then as soon as practicable) written notice thereof and shall cooperate with Moleaer to obtain confidential treatment or a protective order therefor. For purposes of this Agreement, “Confidential Information” means all nonpublic or proprietary information (such as pricing), content, formulae, schematics, instructions, operating conditions or functional criteria or features of the Goods, in each case that are disclosed or provided by Moleaer or its designees or otherwise accessed by Buyer, and that are designated as confidential or that, given their nature or the circumstances surrounding their disclosure or provision to or access by Buyer, reasonably should be considered as confidential or proprietary.

8. TERMINATION OR CANCELLATION. Moleaer may terminate this Contract if Buyer fails to cure a material breach within fifteen (15) days after receiving written notice of the breach, or if Buyer becomes unable to meet its obligations as they mature, or if any proceeding under bankruptcy or insolvency laws is brought by or against Buyer, or if a receiver for Buyer is appointed or applied for or if an assignment for the benefit of creditors is made by Buyer. Buyer may cancel orders made pursuant to this Contract, provided that Buyer shall promptly pay cancellation charges as follows: (i) any Goods that are completed will be paid for in full at the quoted price whether shipment is accepted or not, and (ii) any work in process and any materials or supplies on hand or for which commitments have been made are to be paid for on the basis of Moleaer’s total cost plus thirty-five percent (35%). This Section 8 and Sections 7, 11 and 12 of these Conditions shall survive any termination or expiration of this Contract.

9. FORCE MAJEURE. Neither Party shall be liable for any loss or damage of any nature whatsoever incurred or suffered as a result of any failures or delays in performance caused by strikes, lockouts or labor disputes, acts of God, epidemics, earthquakes, power failures or other disasters, riots, acts of civil or military authorities, acts of war or terrorism, compliance with laws, orders or policies of any governmental authority, delays in transit, delivery or communications facilities, failures of sources of materials or other events outside such Party’s reasonable control.

10. ASSIGNMENTS. This Contract shall not be assigned by Buyer without the prior written consent of Moleaer. Moleaer may assign this Contract to any affiliate or subsidiary of Moleaer or to a person or entity acquiring all or substantially all of the stock, assets or business of Moleaer to which this Contract relates.

11. COMPLIANCE; USE; RESALE. Except as otherwise agreed in writing by Moleaer, Buyer shall use the Goods only at Buyer’s facility and only for the application for which they were sold by Moleaer. Buyer has full responsibility for obtaining any licenses, permits and inspections required for and for complying with all applicable laws, regulations, and ordinances in connection with the installation and use of the Goods. Without limiting the foregoing, Buyer shall comply with all applicable laws, regulations, and ordinances when using any hazardous gas, including but not limited to ozone, and shall be fully responsible for such compliance regardless of whether such gas is sourced from a third party provider or generated onsite by a gas generator or concentrator that is included in the Goods or acquired separately. Buyer shall take all necessary measures to ensure any hazardous gas is used in a safe manner consistent with industry best practices. Buyer acknowledges and agrees to follow and comply with the operating instructions provided by Moleaer and shall be fully responsible for the health and safety of Buyer’s employees, consultants, service providers and other representatives. Without Moleaer’s prior written approval, Buyer shall not resell, transfer, exchange or otherwise assign the Goods to any other person or entity.

Buyer shall ensure that any export of the Goods is made in accordance with all applicable export regulations, including the U.S. Department of Commerce’s Export Administration Regulations. Diversion or re-export contrary to U.S. law is prohibited. Buyer agrees that, in the performance of this Contract, neither it nor any of its officers, representatives or agents shall make, authorize, permit or offer any payments, loans, gifts or other value in violation of the laws or policies of the U.S.A. (including, but not limited to, the Foreign Corrupt Practices Act of 1977, as amended) or of any other country.

12. NOTICES. All notices required or permitted under this Contract and all requests for approvals, consents, and waivers must be in writing and delivered to the Parties at their respective addresses set forth on the Order by a method providing for proof of delivery. Any notice or request will be deemed to have been given on the date of receipt.

13. GOVERNING LAW AND JURISDICTION. This Contract shall be construed and enforced in accordance with the laws of the State of California, U.S.A., without reference to its conflict of laws principles. Any legal action or proceeding relating to this Contract shall be subject to the exclusive general jurisdiction of the courts of the State of California and the federal courts of the United States of America located in Los Angeles, California, and the appellate courts thereof. This Contract shall not be governed by the U.N. Convention & Contracts for the International Sale of Goods, the application of which is expressly excluded. The Parties agree that Moleaer would suffer irreparable harm, the amount of damages for which would be difficult to calculate, in the event that Buyer breaches or threatens to breach Section 7 or 10 of these Conditions, and in the event of same, Moleaer may be awarded preliminary or permanent injunctive relief without the need to post bond or additional security.

Download

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Damaris Abraham, Community Development Director Date: December 10, 2024
Subject: Notice of Decision – Planning Commission Approval of Planning Application No. 2023-19 for a Construction Contractor Business (Fleming and Son's Concrete Pumping) with a 7,500 sq. ft. Building and Outdoor Storage on a 1.65-acre Site located at the Southwest Corner of the West Minthorn Street and North Riley Street Intersection
Applicant: Kim Quon, Kim Quon Architect, LLC
Recommendation
Receive and File the Notice of Decision for Planning Application No. 2023-19 approved by the Planning Commission on November 19, 2024.

Background
Planning Application No. 2023-19 is a request for a Conditional Use Permit (CUP No. 2023-09) and an Industrial Design Review (IDR No. 2023-02) to develop a heavy construction equipment yard and office for Fleming and Sons Concrete Pumping, Inc. (Fleming and Sons). Fleming and Sons is an established business offering a selection of concrete pumping and related equipment and services for a variety of construction jobs. Fleming and Sons intends to utilize the subject property to expand their business to Lake Elsinore. In addition, due to a recent Code Enforcement code violation for commencing a business without the required City approvals, the CUP and IDR is to legalize Fleming and Sons’ business operations to be compliant with the LEMC. The project proposes the following construction and improvements:
• Install a one-story 7,500-square-foot (sq. ft.) pre-manufactured steel industrial building with an 850-sq. ft. administrative office and three vehicle bays used for vehicle maintenance; and
• Related site improvements including 25 new parking spaces (13 spaces for passenger vehicles and 12 spaces for concrete pump trucks) as well as new hardscaping and landscaping.

PA 2023-19 (Fleming and Sons’ Concrete Yard)

Page 2 of 2 ends

The project site is located on the southwest corner of the West Minthorn Street and North Riley Street intersection. The project site encompasses Assessor Parcel Numbers (APNs) 377-232- 006, 377-232-007, and 377-232-009. The project site will be accessed by one full-movement driveway on North Riley Street and one Right-In Right-Out driveway on North Riley Street.

On November 19, 2024, the Planning Commission took the following action by a 5-0 vote:

1. Found that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 (In-Fill Development Projects);

2. Adopted A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2023-09 TO ESTABLISH AND OPERATE A CONTRACTOR YARD WITH A ONE-STORY 7,500 SQ.

FT. PRE-MANUFACTURED STEEL INDUSTRIAL BUILDING WITH AN
ADMINISTRATIVE OFFICE IN THE LIMITED MANUFACTURING (M-1) DISTRICT LOCATED AT APNs 377-232-006, 377-232-007, and 377-232-009; and

3. Adopted A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING INDUSTRIAL DESIGN REVIEW NO. 2023-02 TO INSTALL A ONE-STORY 7,500 SQ.FT. PREMANUFACTURED STEEL INDUSTRIAL

BUILDING WITH AN ADMINISTRATIVE OFFICE AND RELATED SITE IMPROVEMENTS LOCATED AT APNs 377-232-006, 377-232-007, and 377-232-009.

Discussion
The Planning Commission voted 5-0 to approve the project at its regular meeting on November 19, 2024. There were no public comments and the project’s team were the only people in attendance.

The Planning Commission’s decision is final, and no action by the City Council is required unless the City Council, by majority vote, elects to review and reconsider the Planning Commission’s decision by ordering the matter set for a future noticed public hearing according to Section

17.410.110.F of the Lake Elsinore Municipal Code (LEMC), or the applicant or an interested person files a complete appeal application within 15 days of this notice appearing on the City Council’s Agenda.

Fiscal Impact
The time and cost related to processing this application have been covered by fees paid for by the applicant. No General Fund budgets have been allocated or used in the processing of this application. Project approval does not fiscally impact the City’s General Fund. Mitigation measures to protect the City fiscally have already been included in the Conditions of Approval.

Attachments
Attachment 1 – Planning Commission Staff Report

Page 1 of 4 ends

REPORT TO PLANNING COMMISSION
To: Honorable Chair and Members of the Planning Commission From: Damaris Abraham, Community Development Director
Prepared by: Carlos Serna, Associate Planner
Date: November 19, 2024
Subject: Planning Application No. 2023-19 (Fleming and Sons' Concrete Yard) - Proposal to Operate a Construction Contractor Business with a 7,500 sq. ft.

Building and Outdoor Storage on a 1.65-acre Site located at the Southwest Corner of the West Minthorn Street and North Riley Street Applicant: Kim Quon, Kim Quon Architect, LLC
Recommendation

1. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 (In-Fill Development Projects);

2. Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2023-09 TO ESTABLISH AND OPERATE A CONTRACTOR YARD WITH A ONE-STORY 7,500 SQ.

FT. PRE-MANUFACTURED STEEL INDUSTRIAL BUILDING WITH AN
ADMINSTRATIVE OFFICE IN THE LIMITED MANUFACTURING (M-1) DISTRICT LOCATED AT APNs 377-232-006, 377-232-007, and 377-232-009; and

3. Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING INDUSTRIAL DESIGN REVIEW NO. 2023-02 TO INSTALL A ONE-STORY 7,500 SQ.FT. PREMANUFACTURED STEEL INDUSTRIAL

BUILDING WITH AN ADMINSTRATIVE OFFICE AND RELATED SITE IMPROVEMENTS LOCATED AT APNs 377-232-006, 377-232-007, and 377-232-009.

Project Location
The project site is located on the southwest corner of the West Minthorn Street and North Riley Street intersection. The project site encompasses Assessor Parcel Numbers (APNs) 377-232- 006, 377-232-007, and 377-232-009.

PA 2023-19 (Fleming and Sons’ Concrete Yard)

Page 2 of 4 ends

Environmental Setting

EXISTING

LAND USE GENERAL PLAN ZONING
Project
Site Commercial Business Professional (BP) Limited Manufacturing (M-1) North Residential Light Industrial (LI) Limited Manufacturing (M-1) South Commercial Business Professional (BP) Limited Manufacturing (M-1) East Commercial Business Professional (BP) Limited Manufacturing (M-1) West Open Space Floodway (F) Open Space (Floodway) (OS) Table 1: Environmental Setting
Project Description
Planning Application No. 2023-19 is a request for a Conditional Use Permit (CUP No. 2023-09) and an Industrial Design Review (IDR No. 2023-02) to develop a heavy construction equipment yard and office for Fleming and Sons Concrete Pumping, Inc. (Fleming and Sons). Fleming and Sons is an established business offering a selection of concrete pumping and related equipment and services for a variety of construction jobs. Fleming and Sons intends to utilize the subject property to expand their business to Lake Elsinore. In addition, due to a recent Code Enforcement code violation for commencing a business without the required City approvals, the CUP and IDR is to legalize Fleming and Sons’ business operations to be compliant with the LEMC.

The project proposes the following construction and improvements:
• Install a one-story 7,500-square-foot (sq. ft.) pre-manufactured steel industrial building with an 850-sq. ft. administrative office and three vehicle bays used for vehicle maintenance; and
• Related site improvements including 25 new parking spaces (13 spaces for passenger vehicles and 12 spaces for concrete pump trucks) as well as new hardscaping and landscaping.

The project site will be accessed by one full-movement driveway on North Riley Street and one Right-In Right-Out driveway on North Riley Street.

Analysis
The following analysis below provides a discussion of the proposed project’s consistency with the General Plan and the Lake Elsinore Municipal Code (LEMC) including the nonresidential development standards. In addition, the Design Review Committee, including Staff from Planning, Building and Safety, Fire, and Engineering Departments and the Elsinore Valley Municipal Water District, has reviewed the project and have included recommended conditions of approval to ensure compliance with adopted plans, policies, and regulations.

General Plan Consistency
The subject site has a General Plan Land Use Designation of Business Professional (BP) and is PA 2023-19 (Fleming and Sons’ Concrete Yard)

Page 3 of 4 ends

located in the Historic District. The BP Land Use Designation provides for office and administrative uses, light industrial, research and development, office-based firms, including office support facilities, restaurants, medical clinics, public and quasi-public uses, and similar and compatible uses with a maximum 0.45 Floor Area Ratio (FAR). The project is proposing a premanufactured light industrial building with a 0.10 FAR. The proposed end user, Fleming and Sons, and the use of the property are light industrial in nature; therefore, the project is consistent with the General Plan.

Municipal Code Consistency
The current zoning designation of the subject site is Limited Manufacturing (M-1). Pursuant to Section 17.136.030.C of the LEMC, heavy equipment sales and rental is a conditionally permitted use in the M-1 zoning district subject to an approval of a Conditional Use Permit. The project proposes to develop a heavy construction equipment yard and office that offers a selection of concrete pumping and related equipment and services for a variety of construction jobs.

Staff has reviewed the submitted development plans for compliance with the M-1 development standards including the minimum parking requirements and has determined that the proposed development conforms to the M-1 provisions as shown in Table 2.

Development Standard Required/Allowed Proposed
Floor Area Ratio (FAR) 0.45 Maximum 0.10
Front Setback Average of 20 ft. but not less
than 15 ft.
58 ft. – 9 in.

Side Setback 0 ft. Along Minthorn Street: 58 ft. – 9 in.

Along Riley Street: 73 ft. – 3 in.

Rear 0 ft. 15 ft.

Building Height 40 ft. Maximum 20 ft. – 6 in.

Landscape Improvements:

Parking area from Right-ofWay15 ft. Minimum 15 ft. to 25 ft. (average of 20 ft.) Parking One (1) space per 500 sq. ft.
of unit area plus one (1)
space per 1,000 sq. ft. of
warehousing floor area
Unit Area: 1,260 sq. ft. = 2.5 spaces
Warehouse: 6,240 sq. ft. = 6.2 spaces
Total Required = 9
Total Provided = 25
Table 2: Development Standards
Architecture and Site Design
The architectural design of the proposed building complies with the Nonresidential Development Standards (Chapter 17.112) of the LEMC. The proposed premanufactured steel building will be modified to include fiber cement panels with channels to enhance the steel buildings architectural elevations. The use of these cement panels also limits long expanses of open wall spaces visible from adjoining rights-of-way. Furthermore, the building will be situated to the rear of the property and will be screened by a six-foot CMU block along the perimeter of the property with perimeter landscaping.

PA 2023-19 (Fleming and Sons’ Concrete Yard)

Page 4 of 4 ends

Outdoor Storage
The proposed outdoor storage area will house 12 concrete pump trucks. The area will be screened by a 15-foot landscape buffer and a six-foot CMU block wall along North Riley Street and is situated to the rear of the property. The storage area will not encroach on the 13 proposed passenger vehicle parking spaces, nor does it encroach on any required loading areas, or drive aisles. Furthermore, the storage area is not located within 50 feet of a property upon which there is a residential use and is consistent with LEMC 17.136.040.A.

Environmental Determination
The proposed project is exempt is exempt from the California Environmental Quality Act (Cal.

Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15332 (In-Fill Development) because the project (a) is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, (b) the site of the proposed development is within city limits on a project site of less than five acres substantially surrounded by urban uses, (c) the project site has no value as habitat for endangered, rare or threatened species, (d) the project will not result in any significant effects relating to traffic, noise, air quality, or water quality, and (e) the site can be adequately served by all required utilities and public services. A categorical exemption checklist documenting project eligibility for the Class 32 exemption is attached to this report (Attachment 4).

MSHCP Consistency
The proposed project is consistent with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). The subject property is not located in an MSHCP criteria cell and is not subject to the City’s LEAP and the Western Riverside County Regional Conservation Authority’s (RCA) JPR process. The project complies with all other applicable requirements of the MSHCP.

Public Notice
Notice of the public hearing for this application has been published in the Press-Enterprise newspaper and mailed to property owners within 300 feet of the subject property. As of the writing of this report, no written comments concerning this application have been received by staff.

Attachments
Attachment 1 - CUP Resolution
Attachment 2 - IDR Resolution
Attachment 3 - Conditions of Approval
Attachment 4 - Class 32 CEQA Exemption Checklist
Attachment 5 - GIS Package
Attachment 6 - Design Review Package
Attachment 7 - Public Notice Package
RESOLUTION NO. 2024-

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2023-09

TO ESTABLISH AND OPERATE A CONTRACTOR YARD WITH A ONE-STORY 7,500 SQ. FT. PRE-MANUFACTURED STEEL INDUSTRIAL BUILDING WITH AN ADMINSTRATIVE OFFICE IN THE LIMITED MANUFACTURING (M-1) DISTRICT LOCATED AT APNS 377-232-006, 377-232-007, AND 377-232-009 Whereas, Kim Quon, Kim Quon Architect, has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2023-19 which includes Industrial Design Review (IDR No. 2023-02) and Conditional Use Permit (CUP No. 2023-09) to establish and operate a contractor yard and administrative office with an outdoor storage area for heavy construction equipment on a 1.65-acre site in the Limited Manufacturing (M-1) District for Fleming and Sons Concrete Pumping, Inc. (Fleming and Sons);
Whereas, the project is located on the southwest corner of the West Minthorn Street and North Riley Street intersection and includes Assessor Parcel Numbers (APNs) 377-232-006, 377- 232-007, and 377-232-009;
Whereas, pursuant to Section 17.136.030.C of the Lake Elsinore Municipal Code (LEMC), a CUP is required to allow a heavy equipment sales and rental use within the M-1 zoning district.

Fleming and Sons proposes to develop a heavy construction equipment yard with an ancillary administrative office to offer a selection of concrete pumping and related heavy equipment and construction services for a variety of construction jobs; Whereas, Section 17.415.070 of the 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;
Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) process to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria;
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;
Whereas, pursuant to Section 17.415.070.B of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying Conditional Use Permits; and
Whereas, on November 19, 2024, 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.

PC Reso. No. 2024-____

Page 2 of 5 ends

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: The Commission has considered the project and has found it acceptable.

Section 2: That in accordance with the MSHCP, the Commission makes the following findings for MSHCP consistency:

1. The project is not subject to the City’s LEAP and the Western Riverside County Regional Conservation Authority’s (RCA) JPR processes as it is not located within a Criteria Cell.

2. The Project site is flat, heavily disturbed and devoid of vegetation and the site has been fully developed for commercial uses. The project is proposing to construct a new lightindustrial building and other improvements throughout the Project site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable.

3. The project is consistent with the Protection of Narrow Endemic Plant Species Guidelines as set forth in MSHCP Section 6.1.3 and the Additional Survey Needs and Procedures as set forth in MSHCP Section 6.3.2 because the project is not located within any Narrow Endemic Plant Species Survey Areas or Critical Species Survey Areas.

4. The project is consistent with the Fuels Management Guidelines because the project site is not within or adjacent to any MSHCP Criteria Cell or conservation areas.

5. The project has been conditioned to pay any applicable MSHCP Local Development Mitigation fees.

Section 3: The Commission 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 4: The Commission finds that the proposed project is exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15332 (In-Fill Development) because the project (a) is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, (b) the site of the proposed development is within city limits on a project site of less than five acres substantially surrounded by urban uses, (c) the project site has no value as habitat for endangered, rare or threatened species, (d) the project will not result in any significant effects relating to traffic, noise, air quality, or water quality, and (e) the site can be adequately served by all required utilities and public services.

Section 5: That in accordance with LEMC Section 17.415.070.C. Findings, the Commission makes the following findings regarding CUP No. 2023-09:

PC Reso. No. 2024-____

Page 3 of 5 ends

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 Business Professional (BP) and is located within the Historic District. The BP Land Use designation provides for office and administrative uses, light industrial, research and development, office-based firms, including office support facilities, restaurants, medical clinics, public and quasi-public uses, and similar and compatible uses with a maximum 0.45 Floor Area Ratio (FAR). The project is proposing a one-story 7,500 sq. ft. premanufactured light industrial steel building with a 0.10 FAR to establish a construction yard with outdoor storage for heavy equipment rental including an ancillary administrative office. Therefore, the project is consistent with the BP General Plan Land Use designation as well as the purpose of the Historic District since light and limited industrial uses are contemplated within that district along with a mixture of commercial and residential uses to support the historic downtown area.

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 construction contractor yard would not cause either direct or indirect detrimental impacts to the existing surrounding community because the design of the parking lot layout and circulation was designed to allow multiple points of egress and ingress for both emergency and pedestrian vehicles. The proposed business will be compatible with the surrounding uses which also includes other light industrial uses with outdoor storage. Furthermore, the project has also been conditioned as such to avoid any potential 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 and design have been analyzed and staff has determined that the site is compatible and adequate in size and shape to accommodate the proposed use and project design. The design meets all applicable sections of the LEMC including the nonresidential development standards. As designed the project would not encroach on any setback as prescribed by the LEMC and sufficient landscaping has been provided throughout the site. Furthermore, the proposed use and design will complement the existing light industrial uses within the vicinity.

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 proposed use is located within an existing built environment, inclusive of streets. The existing streets are of adequate size to facilitate safe and convenient transportation to and from the site.

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.

PC Reso. No. 2024-____

Page 4 of 5 ends

The proposed project has been thoroughly reviewed and conditioned by all applicable City departments thereby eliminating the potential for any adverse effects. Furthermore, the outdoor storage area of the heavy equipment will be adequately screened from public view including adjacent properties by a 15-foot landscape buffer and six-foot block wall along North Riley Street and has been designed to be consistent with Section 17.136.040.A of the LEMC.

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.

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 November 19, 2024 and appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare. Further, compliance with the conditions of approval will be reviewed during the plan check and inspection review process prior to commencing operations.

Section 6: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the project, the Commission hereby approves Conditional Use Permit No. 2023-09.

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

Passed and Adopted on this 19th day November, 2024.

Jodi Peters, Chair
Attest:
___________________________________
Damaris Abraham,
Community Development Director

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Damaris Abraham, Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2024-__ was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held November 19, 2024 and that the same was adopted by the following vote:

PC Reso. No. 2024-____

Page 5 of 5 ends

AYES
NOES:

ABSTAIN:

ABSENT:

Damaris Abraham,
Community Development Director
RESOLUTION NO. 2024-

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING INDUSTRIAL DESIGN REVIEW NO. 2023- 02 TO INSTALL A ONE-STORY 7,500 SQ.FT. PREMANUFACTURED STEEL

INDUSTRIAL BUILDING WITH AN ADMINSTRATIVE OFFICE AND RELATED SITE IMPROVEMENTS LOCATED AT APNs 377-232-006, 377-232-007, AND 377-232- 009
Whereas, Kim Quon, Kim Quon Architect, has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2023-19 which includes Industrial Design Review (IDR No. 2023-02) and Conditional Use Permit (CUP No. 2023-09) to establish and operate a contractor yard and administrative office with an outdoor storage area for heavy construction equipment on a 1.65-acre site in the Limited Manufacturing (M-1) District for Fleming and Sons Concrete Pumping, Inc. (Fleming and Sons);
Whereas, the project is located on the southwest corner of the West Minthorn Street and North Riley Street intersection and includes Assessor Parcel Numbers (APNs) 377-232-006, 377- 232-007, and 377-232-009;
Whereas, pursuant to Section 17.415.050.B of the Lake Elsinore Municipal Code (LEMC), a Major Design Review is required for development proposals and design concepts in order to ensure that new development occurs in a manner which enhances the character and quality of surrounding properties and that the scale, special relationships and architectural treatment of structures including materials, colors, and design, visually contribute to the area and environment in which they are located;
Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) process to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria;
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;
Whereas, pursuant to Section 17.415.050.E of the LEMC, the Planning Commission (Commission) has the responsibility of reviewing and approving, conditionally approving, or denying design review applications; and
Whereas, on November 19, 2024, 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.

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

Section 1: The Commission has considered the project and its consistency with the MSHCP prior to adopting Findings of Consistency with the MSHCP.

PC Reso. No. 2024-____

Page 2 of 4 ends

Section 2: That in accordance with the MSHCP, the Commission makes the following findings for MSHCP consistency:

1. The project is not subject to the City’s LEAP and the Western Riverside County Regional Conservation Authority’s (RCA) JPR processes as it is not located within a Criteria Cell.

4. The project is consistent with the Fuels Management Guidelines because the project site is not within or adjacent to any MSHCP Criteria Cell or conservation areas.

5. The project has been conditioned to pay any applicable MSHCP Local Development Mitigation fees.

Section 5: That in accordance with Section 17.415.050.G of the LEMC, the Commission makes the following findings regarding Industrial Design Review No. 2023-02:

1. The project, as approved, will comply with the goals and objectives of the General Plan and the zoning district in which the project is located.

Page 3 of 4 ends

project is proposing a one-story 7,500 sq. ft. premanufactured light industrial steel building with a 0.10 FAR to establish a construction yard with outdoor storage for heavy equipment rental including an ancillary administrative office. Therefore, the project is consistent with the BP General Plan Land Use designation.

The current zoning designation of the subject site is Limited Manufacturing (M-1).

Pursuant to Section 17.136.030.C of the LEMC, heavy equipment sales and rental is a conditionally permitted use in the M-1 zoning district subject to an approval of a CUP. The project proposes to develop a heavy construction equipment yard and office that offers a selection of concrete pumping and related equipment and services for a variety of construction jobs. The project also includes an outdoor storage area which has been reviewed and found consistent with Section 17.136.040.A of the LEMC. Therefore, the project is consistent with the M-1 zoning district.

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

The project is appropriate to the site and surrounding developments. The architectural design of the proposed buildings conforms to the Nonresidential Development Standards (Chapter 17.112) of the LEMC. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets. 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 nonresidential 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 November 19, 2024. The project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. Further, compliance with the conditions of approval will be reviewed during the plan check and inspection review process prior to commencing operations.

Section 6: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the project, the Commission hereby approves Industrial Design Review No. 2023-02.

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

PC Reso. No. 2024-____

Page 4 of 4 ends

Passed and Adopted on this 19th day of November, 2024.

Jodi Peters, Chair
Attest:
___________________________________
Damaris Abraham,
Community Development Director

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSTAIN:

ABSENT:

Damaris Abraham,
Community Development Director
Applicant’s Initials: _____ Page 1 of 17

CONDITIONS OF APPROVAL
PROJECT: PA 2023-19 | CUP-2023-09 & IDR-2023-
02 PROJECT NAME: Fleming and Sons’ Concrete Yard
PROJECT LOCATION: APNs: 377-232-006, -007, and -009
APPROVAL DATE:

EFFECTIVE DATE:

EXPIRATION DATE:

GENERAL

1. Planning Application No. 2023-19 consists of a request for Design Review approval (IDR 2023-02) to install a one-story 7,500 square-foot premanufactured light industrial building with related site improvements, in conjunction with a request for a Conditional Use Permit (CUP 2023-09) to establish and operate a contractor yard and administrative office with an outdoor storage area on a 1.65-acre site in the Limited Manufacturing (M-1) District. The project is located on the southwest corner of the West Minthorn Street and North Riley Street intersection and includes Assessor Parcel Numbers (APNs) 377-232-006, 377-232-007, and 377-232-009;

2. The applicant shall defend (with counsel acceptable to the City), 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 CUP 2021-06 and IDR 2021-04, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167, including the approval, extension or modification of CUP 2021-06 and IDR 2021-04 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.

PLANNING DIVISION

4. Conditional Use Permit No. 2023-09 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 PA 2023-19 | CUP 2023-09 & IDR 2023-02 PC: November 19, 2024 Conditions of Approval CC: TBD
Applicant’s Initials: _____ Page 2 of 17
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.

5. Industrial Design Review No. 2023-02 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 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.

6. 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.

7. If operation of this use triggers concerns related to parking, noise, traffic, or other impacts, at the discretion of the Community Development Director, this 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 said Conditional Use Permit.

8. 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 and release of utilities.

9. 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.

10. 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. Grading plan revisions shall be reviewed by the City Engineer.

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

12. Provisions of the City’s Noise Ordinance shall be satisfied during all site preparation and construction activity. 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 7:00 a.m. – 5:00 p.m., Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 a.m. and shall cease no later than 4:00 p.m. with no construction activity to occur on Sundays or legal holidays.

The sign shall identify the name and phone number of the development manager to address PA 2023-19 | CUP 2023-09 & IDR 2023-02 PC: November 19, 2024 Conditions of Approval CC: TBD
Applicant’s Initials: _____ Page 3 of 17
any complaints. The project shall also comply with the following requirements to minimize noise caused by construction activities:
a. Staging areas should be placed as far as possible from residential receivers. b. Turn off equipment when not in use.
c. Limit the use of enunciators or public address systems, except for emergency notifications.
d. Equipment used in construction should be maintained in proper operating condition, and all loads should be properly secured, to prevent rattling and banging. e. Schedule work to avoid simultaneous construction activities that both generate high noise levels.
f. Use equipment with effective mufflers.
g. Minimize the use of backup alarms.

13. 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.

14. Graffiti shall be removed within 24 hours.

15. All materials and colors depicted on the approved plans shall be used. If the applicant wishes to modify any of the approved materials or colors depicted on the plans, the applicant shall submit a proposal setting forth the modifications for review by the Community Development Director or his designee

16. 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.

17. The outdoor storage area is subject to the following requirements:
a) The storage yard shall be enclosed on all sides with a screen a minimum of six feet in height as measured from the highest grade elevation either side of the screen. The screen shall be a decorative, solid masonry wall or chain link with redwood or cedar slats or wood fencing.
b) No materials shall be stored higher than the screen. c) Storage areas shall not encroach upon parking, landscaping, drive aisles, required truck loading areas or required yard areas.
d) No storage of scrap, waste or other material not utilized in the production process is permitted.

18. 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 all approvals herein granted, deny or further condition issuance of all future building permits, deny revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation.

Prior to Issuance of Grading Permits/Building Permits
PA 2023-19 | CUP 2023-09 & IDR 2023-02 PC: November 19, 2024 Conditions of Approval CC: TBD
Applicant’s Initials: _____ Page 4 of 17

19. Prior to issuance of a building permit, the applicant shall pay Development Impact Fees (DIF) and MSHCP Fees per LEMC Section 16.85, at the rate in effect at the time of payment.

20. 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.

21. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed to ensure that all exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture.

22. The project shall meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards.

23. 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.

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

25. Prior to issuance of a building permit, one (1) set of the Final Landscaping / Irrigation Detail Plans along with a digital copy (in .pdf format) shall be submitted to the Community Development Department 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.
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 landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. j. Final landscape plan must be consistent with approved site plan. k. Final landscape plans to include planting and irrigation details.

PA 2023-19 | CUP 2023-09 & IDR 2023-02 PC: November 19, 2024 Conditions of Approval CC: TBD
Applicant’s Initials: _____ Page 5 of 17
l. 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.
m. No turf shall be permitted.

26. 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 developer or any successors in interest.

27. 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

28. 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.

29. 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.

30. Green Measures. The application shall provide 10% voluntary green measures on the project, as stipulated by the 2022 California Green Building Standards.

31. 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. e. Path of travel from public right-of-way to all public areas on site, such as club house, trach enclosure tot lots and picnic areas.

32. 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 PA 2023-19 | CUP 2023-09 & IDR 2023-02 PC: November 19, 2024 Conditions of Approval CC: TBD
Applicant’s Initials: _____ Page 6 of 17
[email protected] or 951-674-3124 X 277.

33. Clearance from LEUSD. A receipt or clearance letter from the Lake Elsinore School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees.

34. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work.

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

36. 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.

37. 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 how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed.

At Plan Review Submittal

38. 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

5.507, 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)

39. 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.

40. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Asbestos report and lead base paint reports are required before demo permit will be issued.

Prior to Issuance of Building Permit(s)

41. 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.

PA 2023-19 | CUP 2023-09 & IDR 2023-02 PC: November 19, 2024 Conditions of Approval CC: TBD
Applicant’s Initials: _____ Page 7 of 17
Prior to Beginning of Construction

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

ENGINEERING DIVISION
General

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

44. All plans (Street, Storm Drain, Improvement, Grading) shall be prepared by a Registered Civil Engineer using the City’s standard title block.

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

46. 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 maintenance entity approved by the City Council.

47. 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 property owner’s association.

48. In accordance with the City’s Franchise Agreement for waste disposal & 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.

49. 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.

50. 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.

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

FEES

52. Applicant 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.

53. Applicant shall pay all applicable Mitigation and Development Impact Fees at the prevalent rate at time of payment in full. Mitigation and Development Impact Fees include without PA 2023-19 | CUP 2023-09 & IDR 2023-02 PC: November 19, 2024 Conditions of Approval CC: TBD
Applicant’s Initials: _____ Page 8 of 17
limitation:
a. Master Plan of Drainage Fee – Due prior to Grading Permit issuance b. Traffic Infrastructure Fee (TIF) – Due prior to Building Permit issuance c. Transportation Uniform Mitigation Fee (TUMF) – Due prior to Occupancy d. Stephens’ Kangaroo Habitat Fee (K-Rat) – Due prior to Grading Permit issuance

LAND DIVISION-DEDICATION

54. Applicant s hall submit and complete plan check review and approval for a parcel merger for APNs 377-232-006, 377-232-007, and 377-232-009. Parcel merger shall be recorded prior to issuance of the building permit.

55. Project is required to provide the ultimate corner cutback dedication at Minthorn Avenue and Riley Street per City Standards. Minthorn Avenue and Riley Street are classified as Local Roads in the General Plan Circulation Element with a 60 feet full-width right-of-way and 40 feet curb-to-curb width.

56. All required public right-of-way dedications and parcel mergers shall be prepared by the applicant or his agent and shall be submitted to the Engineering Department for review and approval.

57. All required public right-of-way dedications shall be recorded prior to issuance of Building Permit.

STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES
Design

58. 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.

59. A Final Water Quality Management Plan (WQMP) will be required and 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. The Final WQMP shall be approved by the City prior rough grading plan approval or issuance of any permit for construction.

60. The Final WQMP shall document the following:
a. Detailed site and project description.
b. Potential stormwater pollutants.
c. Post-development drainage characteristics.
d. Low Impact Development (LID) BMP selection and analysis. e. Structural and non-structural source control BMPs.
f. Treatment Control BMPs.
g. Site design and drainage plan (BMP Exhibit).
h. Documentation of how vector issues are addressed in the BMP design, operation and maintenance.
i. GIS Decimal Minute Longitude and Latitude coordinates for all LID and Treatment Control BMP locations.
j. Hydraulic Conditions of Concern (HCOC) – demonstrate that discharge flow rates, PA 2023-19 | CUP 2023-09 & IDR 2023-02 PC: November 19, 2024 Conditions of Approval CC: TBD
Applicant’s Initials: _____ Page 9 of 17
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).
k. 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.

61. Parking lot landscaping areas shall be designed to provide for treatment, retention or infiltration of runoff.

62. Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape.

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

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

65. The project site shall implement full trash capture methods/devices approved by the Region Water Quality Control Board. This shall include installation of connector pipe screens on all onsite and offsite catch basins to which the project discharges.

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

Construction

67. 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.

68. 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.

69. 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 PA 2023-19 | CUP 2023-09 & IDR 2023-02 PC: November 19, 2024 Conditions of Approval CC: TBD
Applicant’s Initials: _____ Page 10 of 17
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.

Post-Construction

70. Prior to the issuance of a certificate of use and/or occupancy, the applicant shall demonstrate compliance with applicable NPDES permits for construction, industrial/commercial, MS4, etc. to include:
a. Demonstrate that the project has compiled with all non-structural BMPs described in the project’s WQMP.
b. 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.
c. 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.
d. 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.
e. Provide documentation of annexation into a CFD for funding facilities to be maintained by the City.
f. 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. g. 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. h. Provide the City with a digital .pdf copy of the Final WQMP.

UTILITIES

71. 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).

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

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

73. 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.

PA 2023-19 | CUP 2023-09 & IDR 2023-02 PC: November 19, 2024 Conditions of Approval CC: TBD
Applicant’s Initials: _____ Page 11 of 17

74. 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

75. A Construction of ultimate half-width improvements adjacent to the project frontage on Riley Street and Minthorn Avenue. Improvements shall include AC pavement construction and base material, curb and gutter, sidewalks, driveway approaches, parkway landscaping, utility underground and/or relocation, signage relocations, ADA curb ramps, and streetlights.  Improvements on Riley Street shall include construction of full-width asphalt pavement of 40 feet.

76. Sight distance into and out and throughout the project location shall comply with City or Caltrans standards. Project shall ensure facilities are installed in the line of sight of drivers.

77. 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.

78. 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.

79. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. Storm drain easements will be required for facilities constructed on private property.

80. 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

81. 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.

82. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area.

83. The site shall be planned and developed to keep surface water from entering buildings (California Green Building Standards Code 4.106.3).

84. 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).

PA 2023-19 | CUP 2023-09 & IDR 2023-02 PC: November 19, 2024 Conditions of Approval CC: TBD
Applicant’s Initials: _____ Page 12 of 17

85. 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.

86. Project will be responsible to design and install street lights along project frontages. Street light system shall be designed as LS-2B system. Street light plans shall include but are 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 plan set.

PERMITTING/CONSTRUCTION

87. 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.

88. 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

89. 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.

90. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern.

91. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance.

92. 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.

93. 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.

94. Applicant shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage.

95. 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 PA 2023-19 | CUP 2023-09 & IDR 2023-02 PC: November 19, 2024 Conditions of Approval CC: TBD
Applicant’s Initials: _____ Page 13 of 17
conveyed to a drainage easement as approved by the City Engineer.

Permit/Construction

96. Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance.

97. 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.

98. A preconstruction meeting with the City Engineering Inspector (Engineering Department) is required prior to commencement of any grading activity.

99. Prior to commencement of grading operations, developer is to 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 15.72.065).
100. Export sites located within the Lake Elsinore City limits must have an active grading permit. 101. Applicant to provide to the City a video record of the condition of all proposed 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. 102. 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.
103. 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.
104. Approval of the project Final Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading or building permit. 105. Applicant shall obtain and submit applicable environmental clearance document to the Engineering Department. This approval shall specify that the project is in compliance with any and all required environmental mitigation triggered by the proposed grading activity.

PRIOR TO BUILDING PERMIT
106. Provide soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. 107. A copy of the recorded Parcel Merger, and subsequent perfecting grant deed must be submitted to the City.
108. All street improvement plans and signing and striping plans shall be completed and PA 2023-19 | CUP 2023-09 & IDR 2023-02 PC: November 19, 2024 Conditions of Approval CC: TBD
Applicant’s Initials: _____ Page 14 of 17
approved by the City Engineer.
109. All required parcel mergers shall be recorded prior to the issuance of the first building permit.
110. All required public right-of-way dedications and easements shall be recorded prior to issuance of the building permit.

PRIOR TO OCCUPANCY / FINAL APPROVAL
111. 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. 112. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided.
113. Covenants, Conditions and Restrictions (CC&Rs) shall be recorded prior to occupancy if not recorded with the final map. A digital copy shall be provided to the Engineering Department. 114. 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. 115. In the event of the damage to City roads from hauling or other construction related activity, applicant shall pay full cost of restoring public roads to the baseline condition. 116. 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.
117. Applicant shall pay all outstanding applicable processing and development fees prior to occupancy and/or final approval.
118. Applicant shall submit documentation pursuant to City’s Security Release handout. 119. Applicant 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. 120. Applicant 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 Code Enforcement
121. Prior to the issuance of the grading permit, all outstanding administrative citations must be paid in full. Questions should be directed to City of Lake Elsinore’s Code Enforcement PA 2023-19 | CUP 2023-09 & IDR 2023-02 PC: November 19, 2024 Conditions of Approval CC: TBD
Applicant’s Initials: _____ Page 15 of 17
Manager Fred Lopez at 130 S. Main St., Lake Elsinore, CA 92530. Phone: (951) 674-3124 Ext. 275.

CITY OF LAKE ELSINORE FIRE MARSHAL
122. 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) 674-3124 Ext. 225. 123. Prior to building permit issuance, install the approved water system, approved access roads, and contact the Fire Department for a verification inspection. 124. Prior to building permit issuance, the applicant must provide a fire flow letter from the local water purveyor. The available fire hydrant system shall be capable of delivering fire flow as required by the California Fire Code and Fire Department standards and fire hydrants shall be spaced in accordance with the California Fire Code. Based on current standards, the required fire flow is estimated to be 1,500 GPM at 20 PSI for a 2 hour duration. Fire flow is based on a 7,500 square foot building area with Type V-B construction and the building having a fire sprinkler system per 2022 California Fire Code.
125. In all new buildings and structures which are 5,000 square feet or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where Sections 903.2.1 – 903.2.21 of the California Fire Code have more restrictive requirements than those listed below, the more restrictive requirements shall take precedence. 126. Gates must meet Fire Department standards at the time of building permit application.

Current standards require that gates have a Knox rapid entry system, an infrared gate opener, and be set back up to 35 feet allow emergency vehicles to safely stop away from traffic flow. 127. Prior to issuance of Building Permits, the applicant/developer shall provide the Office of the Fire Marshal with an approved site plan for Fire Lanes and signage. (CFC 501.3) 128. Prior to issuance of Certificate of Occupancy, approval shall be required from the Office of the Fire Marshal to maintain, store, use, or handle hazardous materials regulated by the fire code and to install equipment used in connection with such activities. (CFC 105)

DEPARTMENT OF ADMINISTRATIVE SERVICES
Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services)
129. Prior to issuance of a building permit, 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 rightof-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 PA 2023-19 | CUP 2023-09 & IDR 2023-02 PC: November 19, 2024 Conditions of Approval CC: TBD
Applicant’s Initials: _____ Page 16 of 17
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.

PA 2023-19 | CUP 2023-09 & IDR 2023-02 PC: November 19, 2024 Conditions of Approval CC: TBD
Applicant’s Initials: _____ Page 17 of 17
I hereby state that I acknowledge receipt of the approved Conditions of Approval for the abovenamed 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:

FLEMING AND SONS CONCRETE YARD PROJECT
CLASS 32 EXEMPTION CHECKLIST
Planning Application No. 2023-19
Industrial Design Review No. 2023-02
Conditional Use Permit No. 2023-09
Lead Agency:

City of Lake Elsinore
Community Development Department
130 S Main Street
Lake Elsinore, CA 92530
Project Contact:

Carlos I. Serna, MPP, Associate Planner
[email protected]
951-674-3124 ext. 916
CEQA Consultant:
[email protected]
August 2024
Page Intentionally Left Blank
Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore i
Table of Contents
1 INTRODUCTION .................................................................................................................................. 1

1.1 PURPOSE OF THE NOTICE OF EXEMPTION .............................................................................................. 1

1.2 DOCUMENT ORGANIZATION........................................................................................................................ 1 2 PROJECT SETTING............................................................................................................................. 3

2.1 PROJECT LOCATION..................................................................................................................................... 3

2.2 EXISTING PROJECT SITE ............................................................................................................................. 3

2.2 EXISTING LAND USE AND REGULATORY SETTING OF THE PROJECT SITE.......................................... 3

2.4 SURROUNDING LAND USES ........................................................................................................................ 3 3 PROJECT DESCRIPTION.................................................................................................................... 9

3.1 PROJECT OVERVIEW.................................................................................................................................... 9

3.2 PROJECT FEATURES.................................................................................................................................... 9

3.3 PROJECT OPERATIONS .............................................................................................................................10

3.4 GENERAL PLAN LAND USE AND ZONING................................................................................................. 11

3.5 PROJECT CONSTRUCTION.......................................................................... ............................................. 11

3.6 DISCRETIONARY APPROVALS AND PERMITS ........................................... ............................................. 11 4 CLASS 32 INFILL EXEMPTION REQUIREMENTS............................................................................ 17 5 PROPOSED PROJECT CEQA EXEMPTION COMPLIANCE ANALYSIS.......................................... 19 a. CRITERION SECTION 15332(a): GENERAL PLAN AND ZONING CONSISTENCY................................... 19 b. CRITERION SECTION 15332(b): PROJECT LOCATION, SIZE, AND CONTEXT .......................................19 c. CRITERION SECTION 15332(c): ENDANGERED, RARE, OR THREATENED SPECIES........................... 20 d. CRITERION SECTION 15332(d): SIGNIFICANT EFFECTS......................................................................... 20 TRAFFIC........................................................................................................................................................ 20 NOISE............................................................................................................................................................ 24 AIR QUALITY ................................................................................................................................................ 33 WATER QUALITY ......................................................................................................................................... 42 e. CRITERION SECTION 15332(e): UTILITIES................................................................................................ 44

5.1 EXCEPTIONS FOR EXEMPTIONS ................................................................................................................... 44 a. CRITERION SECTION 15300.2(a): LOCATION ........................................................................................... 44 b. CRITERION SECTION 15300.2(b): CUMULATIVE IMPACT ........................................................................ 45 c. CRITERION SECTION 15300.2(c): SIGNIFICANT EFFECTS......................................................................45 d. CRITERION SECTION 15300.2(d): SCENIC HIGHWAYS............................................................................45 e. CRITERION SECTION 15300.2(e): HAZARDOUS WASTE SITES ..............................................................46 f. CRITERION SECTION 15300.2(f): HISTORICAL RESOURCES.................................................................. 46 6 REFERENCES ................................................................................................................................... 48 Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of lake Elsinore ii
Appendices
APPENDIX A: GENERAL BIOLOGICAL ASSESSMENT AND WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES

HABITAT CONSERVATION PLAN (MSHCP) CONSISTENCY ANALYSIS
APPENDIX B: VEHICLE MILES TRAVELED (VMT) SCREENING EVALUATION APPENDIX C: NOISE IMPACT ANALYSIS
APPENDIX D: AIR QUALITY AND GREENHOUSE GAS ASSESSMENT
Figures
FIGURE 1. REGIONAL LOCATION..................................................................................................................5 FIGURE 2. LOCAL VICINITY..........................................................................................................................6 FIGURE 3. AERIAL VIEW..............................................................................................................................7 FIGURE 4. PROJECT SITE AND SURROUNDING ZONING DESIGNATIONS..…………………………………………...8 FIGURE 5. CONCEPTUAL SITE PLAN………………………………………………………………………………..12 FIGURE 6. BUILDING ELEVATIONS.….………………………….…………………………………………………..13 FIGURE 7. NORTHEAST ELEVATION ……….…………………..…………………………………………………..14 FIGURE 8. SOUTHWEST ELEVATION........................................................................................................ …15 FIGURE 9. CONCEPTUAL LANDSCAPE PLAN................................................................................................ 16 FIGURE T-1. LOW VMT SCREENING ............................................................................................................. 23 FIGURE N-1. NOISE MEASUREMENT LOCATIONS ............................................................................................ 28 FIGURE N-2. OPERATIONAL NOISE LEVELS .................................................................................................... 31 FIGURE AQ-1.AIR QUALITY RECEPTOR LOCATIONS.......................................................................................... 36 Tables
TABLE 1 SURROUNDING EXISTING LAND USES AND DESIGNATIONS ............................................................3 TABLE 2 CONSTRUCTION SCHEDULE...................................................................................................... 11 TABLE 3 CONSISTENCY WITH APPLICABLE LAND USE AND ZONING DEVELOPMENT STANDARDS .................. 19 TABLE T-1 PROJECT TRIP GENERATION ................................................................................................... 21 TABLE N-1 LAKE ELSINORE MUNICIPAL CODE RESIDENTIAL EXTERIOR NOISE LEVEL STANDARDS ................. 25 TABLE N-2 CALTRANS CONSTRUCTION VIBRATION DAMAGE CRITERIA ......................................................... 26 TABLE N-3 CALTRANS CONSTRUCTION VIBRATION ANNOYANCE CRITERIA ................................................... 26 TABLE N-4 SHORT-TERM NOISE MEASUREMENT SUMMARY (DBA) .............................................................. 26 TABLE N-5 LONG-TERM NOISE MEASUREMENT SUMMARY (DBA) ................................................................ 26 TABLE N-6 PROJECT CONSTRUCTION NOISE LEVELS AT NEAREST SENSITIVE NOISE RECEPTORS.................. 29 TABLE N-7 PROJECT OPERATION NOISE LEVELS AT NEAREST SENSITIVE NOISE RECEPTORS........................ 30 TABLE N-8 PROJECT TRAFFIC NOISE LEVELS AT NEAREST SENSITIVE NOISE RECEPTORS............................. 30 TABLE N-9 CONSTRUCTION EQUIPMENT VIBRATION SOURCE LEVELS........................................................... 32 TABLE N-10 CONSTRUCTION EQUIPMENT VIBRATION LEVELS AT NEAREST STRUCTURES ................................ 32 TABLE AQ-1 REGIONAL CONSTRUCTION EMISSIONS SUMMARY ..................................................................... 34 TABLE AQ-2 SUMMARY OF REGIONAL OPERATIONAL EMISSIONS ................................................................... 35 TABLE AQ-3 LOCALIZED CONSTRUCTION EMISSIONS .................................................................................... 37 TABLE AQ-4 LOCALIZED OPERATIONAL EMISSIONS ...................................................................................... 37 TABLE AQ-5 PROJECT TOTAL GHG EMISSIONS ........................................................................................... 38 Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of lake Elsinore iii
TABLE AQ-6 PROJECT CONSISTENCY WITH THE CITY’S CLIMATE ACTION PLAN .............................................. 39 Acronym List
ADA Americans with Disabilities Act
ADT Average Daily Trips
AQMP Air Quality Management Plan
AB Assembly Bill
AFY Acre-Feet Yearly
APN Assessor Parcel Number
BMPs Best Management Practices
CAA Clean Air Act
CAAQS California Ambient Air Quality Standards
CARB California Air Resources Board
CBC California Building Code
CCR California Code of Regulations
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CFR Code of Federal Regulations
CNEL Community Noise Equivalent Level
CNPS California Native Plant Society
CMU Concrete Masonry Unit
CO Carbon Monoxide
CY Cubic Yards
dBA A-weighted decibel
EIR Environmental Impact Report
EPA Environmental Protection Agency
FAR Floor Area Ratio
FEMA Federal Emergency Management Agency
FIRM Flood Insurance Rate Maps
FTA Federal Transit Administration
GPCD Gallons per day per capita
GHG Greenhouse Gas
HVAC Heating, Ventilation and Air Conditioning
ITE Institute of Transportation Engineers
kBTU thousand British thermal units
kWh kilowatt-hour
LCFS Low Carbon Fuel Standard
LEMC Lake Elsinore Municipal Code
LID Low Impact Development
LOS Level of Service
LST Local Significance Thresholds
MBTA Migratory Bird Treaty Act
MG Million Gallons
mgd million gallons per day
MLD Most Likely Descendant
MTCO2e metric tons carbon dioxide equivalent
NAAQS National Ambient Air Quality Standards
NPDES National Pollutant Discharge Elimination System
Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of lake Elsinore iv
NAHC Native American Heritage Commission
NOx Nitrous Oxides
OPR Governor’s Office of Planning and Research
PM Particulate Matter
PPV peak particle velocity
PRC Public Resources Code
RWQCB Regional Water Quality Control Board
SB Senate Bill
SCAB South Coast Air Basin
SCAG Southern California Association of Governments
SCAQMD South Coast Air Quality Management District
SCH State Clearinghouse
SLF Sacred Lands File
SOx Oxides of Sulfur
SR State Route
SRA Source Receptor Area
SWPPP Storm Water Pollution Prevention Plan
TAC Toxic Air Contaminant
TAZ Traffic Analysis Zone
VdB velocity in decibels
VMT Vehicle Miles Traveled
TIA Traffic Impact Analysis
USFWS U.S. Fish and Wildlife Service
USGS U.S. Geologic Survey
UWMP Urban Water Management Plan
WDRs Waste Discharge Requirements
WQMP Water Quality Management Plan
Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 1

1.0 INTRODUCTION
The applicant for the proposed Project is requesting approval from the City of Lake Elsinore to construct a onestory 7,500 square foot building with associated parking, circulation, landscaping, and infrastructure. The site would be used for parking, maintenance, and administrative functions for a concrete pump truck business. The City of Lake Elsinore is the Lead Agency for the proposed Project. The Lead Agency will utilize this document as evidence that the proposed Project qualifies for a Class 32 Infill Exemption, which is further described below.

1.1 PURPOSE OF THE NOTICE OF EXEMPTION
This Class 32 Infill Exemption has been prepared in accordance with the following:
• California Environmental Quality Act (CEQA) of 1970 (Public Resources Code Sections 21000 et seq.) • California Code of Regulations, Title 14, Division 6, Chapter 3 (CEQA Guidelines, Sections 15000 et seq.).

Article 19 of the California Environmental Quality Act (CEQA) Guidelines includes, as required by Public Resources Code Section 21084, a list of classes of projects which have been determined not to have a significant effect on the environment. This document demonstrates that the proposed Project qualifies for a CEQA Exemption as an Infill Development Project (Class 32 Exemption), consistent with the provisions of CEQA Guidelines Sections 15332 and 15300.2 and provides information for City decision-makers to find that the proposed Project is exempt under CEQA.

Pursuant to CEQA Guidelines Section 15332, the Project qualifies for a Class 32 Exemption because it is: (1) consistent with the General Plan designation and policies and zoning regulations; (2) is located within the City limits, surrounded by urban uses and is less than 5 acres in size; (3) has no value for endangered, rare or threatened species; (4) would not result in any significant effects related to traffic, noise, air quality or water quality; and (5) can be adequately served by all required utilities and public services. Additionally, this document demonstrates that the Project and its circumstances would not result in any exceptions identified in CEQA Guidelines Section 15300.2.

Existing Regulations that Reduce Potential Impacts
Throughout the analysis in this Class 32 Exemption Checklist, reference is made to requirements that are applied to all development on the basis of federal, state, or local law, which effectively reduce the potential for environmental impacts to occur. Where applicable, these existing regulations are listed to show their effect in reducing potential environmental impacts.

1.2 DOCUMENT ORGANIZATION
This Class 32 Exemption Checklist includes the flowing sections:

Section 1.0 Introduction
Provides information about CEQA, its requirements for environmental review, and explains the Exemption Checklist that evaluates the potential impacts of the proposed Project to the physical environment.

Section 2.0 Project Setting
Provides information about the Project’s location, a description of existing site uses, and identifies the existing General Plan and zoning designations.

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 2
Section 3.0 Project Description
Includes a description of the Project’s physical features, along with construction and operational activities.

Describes anticipated approvals and permits needed for implementation of the proposed Project.

Section 4.0 Class 32 Infill Exemption Requirements
Provides the CEQA Guidelines detailing the types of projects exempt from CEQA review related to urban infill development and exceptions to the exemptions.

Section 5.0 Proposed Project CEQA Exemption Compliance Analysis Includes the Exemption Checklist and evaluates the Project’s potential to result in significant adverse effects to the physical environment and identifies applicable regulations.

Section 6.0 References
Includes a list of sources that were used in preparation of this CEQA document.

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 3

2.0 PROJECT SETTING

2.1 PROJECT LOCATION
The Project site is located to the southwest of the W. Minthorn Street and N. Riley Street intersection in the southcentral portion of the City of Lake Elsinore, as shown in Figure 1, Regional Location. Regional access to the site is provided by Interstate 15 (I-15) and the Main Street interchange, which is located approximately 0.3 mile east/northeast of the site. The Project location is shown in Figure 2, Local Vicinity.

The Project site is identified as Assessor Parcel Numbers (APNs): 377-232-006, 007, and 009; and is located within the La Laguna (Stearns) land grant of the Elsinore United States Geological Survey (USGS) 7.5’ topographic quadrangle. The center point latitude and longitude for the Project site are 33° 40' 39.7418” North, 117° 19' 37.8928” West.

2.2 EXISTING PROJECT SITE
The 1.65-acre Project site is an undeveloped triangular shaped parcel that is located adjacent to two roadways and a paved trail/bikeway that is followed by the Temescal Wash, as shown in Figure 3, Aerial View. The site is covered in gravel and comprised of sparse non-native vegetation. Two of the three sides of the site are bound by chain linked fencing. The site is relatively flat with elevations ranging from 1,263 feet to 1,283 feet above mean sea level (AMSL).

2.3 EXISTING LAND USES AND REGULATORY SETTING OF THE PROJECT SITE The Project site has a City of Lake Elsinore General Plan land use designation of Historic District Business Professional and a Zoning designation of Limited Manufacturing District (M-1) and surrounding development consists of light industrial uses, undeveloped parcels, and a paved trail/bikeway that is followed by an undeveloped easement and then the Temescal Wash that is identified as a floodway. Zoning of the Project site and surrounding areas are shown in Figure 4

2.4 SURROUNDING LAND USES
The Project site is located within a fully developed area. The surrounding land uses and zoning are described in Table 1.

Table 1: Surrounding Existing Land Uses and Designations Direction Existing Land Use General Plan Land Use
Designation Zoning Designations
North Light industrial and undeveloped
parcel Limited Industrial (LI) Manufacturing District (M-1) East Light industrial Historic District
Business Professional (BP)
Manufacturing District
(M-1)
Southeast Light industrial and undeveloped
parcel
Historic District
Business Professional (BP)
Manufacturing District
(M-1)
Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 4
Direction Existing Land Use General Plan Land Use
Designation Zoning Designations
Southwest/West
Paved trail/bikeway that is
followed by an undeveloped
easement and the Temescal
Wash.

Historic District Floodway (F) Floodway (F)
Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 5
Figure 1: Regional Location
Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 6
Figure 2: Local Vicinity
Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 7
Figure 3: Aerial View
Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 8
Figure 4: Project Site and Surrounding Zoning Designations Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 9

3.0 PROJECT DESCRIPTION

3.1 PROJECT OVERVIEW
The proposed Project would develop the site with a new concrete pumping truck parking yard with a one-story 7,500 square foot premanufactured steel building, parking for 12 concrete pump trucks, 13 passenger vehicles, one loading space, and site landscaping. The Project site would be bound by walls and landscape buffers along W. Minthorn Street and N. Riley Street. Other improvements include installation of a bioretention basin to capture, filter, and infiltrate stormwater; and curb, and gutter improvements. Access to the Project site would be provided by two driveways along N. Riley Street. The proposed Project would result in a Floor Area Ratio (FAR) of 0.10, which is within the allowable FAR of 0.45 of the M-1 zone. The Project requires approval of a Conditional Use Permit (CUP) and Industrial Design Review (IDR).

3.2 PROJECT FEATURES
Building Structure
The proposed Project would develop the site with a one-story 7,500 square foot premanufactured steel building that would be 125 feet in length and 60 feet in width, as shown in Figure 5, Conceptual Site Plan. The building would have a maximum height of 20-feet 6-inches. The building would contain approximately 1,000 square feet of office space, three concrete truck vehicle maintenance bays with roll up doors, restrooms, and storage areas.

The building would be constructed with galvanized metal panel walls and painted fiber cement wall panels.

Windows and doors would have painted steel awnings, and business signage would be provided on the north, south, and east sides of the building, as shown in Figures 6 through 8. The proposed building would have a minimum front setback of 20 feet in compliance with Lake Elsinore Municipal Code (LEMC) Chapter

17.136.070.

Off-Street Parking
The Project includes 12 concrete pump truck parking spaces, 13 vehicle parking spaces, and one loading space.

Access and Circulation
The proposed Project would be accessed through two gated driveways along N. Riley Street that would provide turnaround circulation. Entrance to the site would be provided by a 40-foot-wide right-in-right-out driveway that would have a 6-foot-wide landscaped median and rolling gates. Concrete truck exit from the site would be provided by a 36-foot-wide gated driveway, as shown in Figure 5 Conceptual Site Plan. An interior driveway would provide access to the parking areas and the maintenance bays and would be a minimum of 24 feet wide and meet emergency access requirements.

Lighting
Outdoor lighting included as part of the Project would be typical of light industrial uses and would consist of primarily wall-mounted lighting and parking lot lighting. All the Project’s outdoor lighting would be directed downward and shielded to minimize off-site spill in compliance with LEMC Section 17.112.040.

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 10
Landscaping
The proposed Project would include landscaping around the proposed building, parking areas, and driveways.

The Project would have a 6-foot-wide landscape median and 15 to 25-foot-wide landscape buffers along N.

Riley Street and W. Minthorn Street. As shown in Figure 9, Conceptual Landscape Plan, the landscaping would include 15-gallon and 24-inch box trees, various shrubs, and ground cover per LEMC Section 17.136.100.

Landscaping would be drought tolerant, in compliance with the City’s landscaping regulations.

Walls and Gates
The Project includes installation of a 6-foot-high concrete masonry unit (CMU) retaining wall to be located along the western boundary of the site. The proposed retaining wall would replace the existing chain linked fence and would be adjacent to the existing off-site paved trail/bikeway and set back 20 to 25-feet from the start of the slope that leads down to Temescal Wash.

The Project would also install a 6-foot-high CMU wall along N. Riley Street and an 8-foot-high CMU wall along W. Minthorn Street, which would both be set back behind 15 to 25-foot-wide landscape buffers. The Project would install 6-foot-high rolling gates at both of the proposed driveways on N. Riley Street.

Infrastructure Improvements
The proposed Project would install new utilities on the Project site that would serve the Project and connect to existing offsite infrastructure.

Water and Sewer: The proposed Project would install onsite water lines and sewer lines that would connect to the existing water and sewer lines in N. Riley Street.

Drainage: The proposed Project would install an onsite drainage and bioretention system to capture and treat stormwater. Stormwater on the Project site would be conveyed to landscape areas and onsite storm drains that would drain to two proposed bioretention basins that would collect, treat, and infiltrate runoff into the site soils.

Roadway Improvements: The proposed Project would remove and replace the existing roadway pavement along the street frontages of N. Riley Street and W. Minthorn Street and would install a sidewalk with a curb and gutter.

3.3 PROJECT OPERATIONS
The Project would provide for storage and operation of 10-12 concrete pump trucks. Each day most of the trucks would leave the site for work. Trucks that are not working would receive light duty maintenance such as tires, pipes, hoses, check and maintain fluids, fix mirrors or windshields, etc. to be ready for use the following day. No major repair work would be completed on the site and no fueling would occur onsite.

After leaving the Project site, concrete pump trucks meet concrete mixing trucks at jobsites to mix and convey concrete to construction areas. The concrete pump trucks would be washed offsite before returning to the Project site. The proposed office area would be used by sales and parts ordering personnel. Typical operations are planned to occur from 4:00 AM to 6:00 PM and would involve approximately 10-12 employees working on the site and an additional 12 truck drivers.

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 11

3.4 GENERAL PLAN LAND USE AND ZONING
The Project site has City of Lake Elsinore General Plan land use designation of Historic District Business Professional. The General Plan states that the Business Professional designation provides for office and administrative uses, light industrial, research and development, office-based firms, including office support facilities, restaurants, medical clinics, public and quasi-public uses, and similar and compatible uses. The General Plan states that the FAR shall not exceed 0.45. The Project proposes to develop a 7,500 square foot building on the 1.65-acre site, which would result in a FAR of 0.10.

The Project site has a zoning designation of Limited Manufacturing District (M-1), which allows the development of light industrial uses that are relatively free of nuisance or hazardous characteristics and to protect these areas from intrusion by residential, commercial, and other inharmonious uses. The M-1 zone allows buildings to be a maximum of 40-feet in height. As further detailed herein, the Project is consistent with the M-1 development standards. Thus, the proposed Project is consistent with the existing land use and zoning designations of the Project site.

3.5 PROJECT CONSTRUCTION
Construction activities for the Project would occur over one phase lasting approximately eight months and in the following stages: (1) site preparation; (2) grading and excavation; (3) building construction; (4) paving; and (5) application of architectural coatings. The Project would require 2,500 cubic yards of exported soil during the grading phase. Table 2 details total working days for each phase of construction for analytical purposes.

Construction activities would be limited to the hours allowable by LEMC Section 17.176.080, which prohibits construction activities between the hours of 7:00 p.m. and 7:00 a.m. or at any time on weekends or on holidays.

Table 2: Construction Schedule
Construction Phase Working Days
Site Preparation 2
Grading 4
Building Construction 200
Paving 10
Architectural Coating 10

3.6 DISCRETIONARY APPROVALS AND PERMITS
The following discretionary approval and permits are anticipated from the City of Lake Elsinore to be necessary for implementation of the proposed Project:
• Approval of a Conditional Use Permit (CUP) for outdoor storage • Approval of an Industrial Design Review (IDR) for construction of a new industrial building • Adoption of this Class 32 Exemption with the determination that the exemption has been prepared in compliance with the requirements of CEQA
• Approvals and permits necessary to execute the proposed Project, including but not limited to, grading permit, building permit, etc.

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 12
Figure 5: Conceptual Site Plan
Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 13
Figure 6: Building Elevations
Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 14
Figure 7: Northeast Elevation
Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 15
Figure 8: Southwest Elevation
Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 16
Figure 9: Conceptual Landscape Plan
Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 17

4.0 CLASS 32 INFILL EXEMPTION REQUIREMENTS
Article 19 of the California Environmental Quality Act (CEQA Guidelines Sections 15300 to 15333), includes a list of classes of projects that have been determined to not have a significant effect on the environment and as a result, are exempt from review under CEQA.

Class 32 Infill Exemption
One of the classes of projects exempt from CEQA review are projects that are specified as urban infill development. CEQA Guidelines Section 15332 defines the Class 32 Infill Exemption as a project that meets the following five requirements:
a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
c) The project site has no value as habitat for endangered, rare, or threatened species. d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
e) The site can be adequately served by all required utilities and public services.

Exceptions
In addition to meeting the requirements listed above, the CEQA Guidelines Section 15300.2 provides specific instances where exceptions apply to a project that would otherwise meet the requirements for an exemption.

These exceptions are:
a) Location: Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.
b) Cumulative Impact: All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. c) Significant Effects: A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.
d) Scenic Highways: A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR. e) Hazardous Waste Sites: A categorical exemption shall not be used for a project located on a site which is included on any list complied pursuant to Section 65962.5 of the Government Code.

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 18
f) Historical Resources: A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 19

5.0 PROPOSED PROJECT CEQA EXEMPTION
The analysis below provides substantial evidence that the Project properly qualifies for an exemption under CEQA Guidelines Section 15332 (i.e., Class 32) and, as a result, would not have a significant effect on the environment. Additionally, the analysis shows there are no exceptions to qualifying for the categorical exemption, as identified in CEQA Guidelines Section 15300.2. a. Criterion Section 15332(a): General Plan and Zoning Consistency: The Project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations.

The Project site has City of Lake Elsinore General Plan land use designation of Historic District Business Professional that allows development at a FAR of 0.45. The zoning designation of the site is Limited Manufacturing District (M-1), which allows for a variety of light industrial uses with buildings up to 40-feet in height. Table 3 shows the Project’s consistency with the Business Professional land use and M-1 zoning development standards. As shown, the proposed Project would meet all of the proposed development standards, including density, setbacks, lot area, building height, street frontage, and landscape buffer requirements. Therefore, the Project would be consistent with the applicable zoning regulations.

Table 3: Consistency with Applicable Land Use and Zoning Development Standards b. Criterion Section 15332(b): Project Location, Size, and Context: The proposed development occurs within City limits on a Project site of no more than five acres substantially surrounded by urban uses.

The Project is within the City limits of the City of Lake Elsinore, on an approximately 1.65-acre site. As shown in Figure 3 and detailed in Section 2.4, the site is surrounded by roadways to the north and east, that are followed by light industrial uses. A paved trail/bikeway that is followed by the Temescal Wash and then light Development Feature
General Plan or Zoning
Requirement Proposed Project Consistency
Maximum Density FAR of up to 0.45 Consistent. The proposed Project would result in a FAR of 0.10
Maximum Building Height 40 feet Consistent. The proposed building would be 20- feet 6-inches high.

Minimum Lot Area 20,000 SF Consistent. The proposed Project site is approximately 71,874 SF.

Minimum Street Frontage 100 feet Consistent. The Project site has an approximate frontage of 377 feet along W. Minthorn Street and
465 feet along N. Riley Street.

Front Setback Average of 20-feet, no less
than 15-feet in width
Consistent. The Project would install 15 to 25-
foot-wide landscape buffer setbacks along N.

Riley Street and W. Minthorn Street.

Streetside Parcel Landscaping Minimum of 15 feet and an average of 20 feet in depth,
between the parking areas and
the public right-of-way
Consistent. The Project would install 15 to 25-
foot-wide landscape buffer setbacks along N.

Riley Street and W. Minthorn Street between the
parking areas and the public right-of-way.

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 20
industrial uses are located to the west of the site. As the Project site is less than five acres and substantially surrounded by urban uses, it meets the criteria of CEQA Guidelines Section 15332(b). c. Criterion Section 15332(c): Endangered, Rare, or Threatened Species: The Project site was determined to have no value as habitat for endangered, rare, or threatened species.

A General Biological Assessment and Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Consistency Analysis was prepared for the Project site, which is included as Appendix A. The 1.65- acre Project site is undeveloped, and the site consists of disturbed/developed habitat. The General Biological Assessment describes that the site is covered in gravel with sparse non-native vegetation such as tree of heaven (Ailanthus altissima), shortpod mustard (Hirschfeldia incana), California buckwheat (Eriogonum fasciculatum), and saltcedar (Tamarix sp.). The General Biological Assessment did not identify any sensitive species on the site or with the potential to be present on the site and determined that impacts to sensitive species would not occur from implementation of the Project.

The General Biological Assessment also determined that the Project site does not contain any streams or drainages or riparian habitat. There are no California Department of Fish and Wildlife (CDFW), United States Army Corps of Engineers (USACE), or Regional Water Quality Control Board (RWQCB) jurisdictional waters within the Project site boundaries; and that the site does not contain any wetlands or vernal pools. Thus, no aquatic, riparian, or wetland related resources would be impacted by the proposed Project.

In addition, as a standard condition of approval, the Applicant is required to comply with Sections 3503, 3503.5, and 3513 of the California Fish and Game Code and the Migratory Bird Treaty Act (MBTA). Compliance with the California Fish and Game Code and MBTA would ensure that impacts to nesting birds and raptors, which may use vegetation, including existing scattered non-native trees, on or near the Project site for nesting, during construction would not occur.

The MSHCP Consistency Analysis (Appendix A) determined that the Project site is located outside of a MSHCP Criteria Cell. The Project site is not located within a Cell Group, or within plan-defined areas requiring surveys for criteria area species, narrow endemic species, burrowing owl (Athene cunicularia), amphibian species, or mammalian species. Additionally, the Project site does not contain any habitat that would be considered riparian/riverine areas as defined in Section 6.1.2 of the Western Riverside MSHCP, and no vernal pools were observed within the Project boundaries. Thus, no impacts related to MSHCP compliance would occur from implementation of the Project.

The proposed Project site has no value as habitat for endangered, rare, or threatened species and meets the criteria of CEQA Guidelines Section 15332(c).
d. Criterion Section 15332(d): Significant Effects: Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

TRAFFIC
The Project proposes the construction of a light industrial development that would be used for concrete trucking related uses on the Project site. The Project would provide for storage and operation of 10-12 concrete pump trucks that would travel to and from jobsites daily. In addition, office staff would travel to and from the Project site daily.

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 21
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. A VMT Screening Analysis was prepared (included in Appendix B) using trip rates from the Institute of Transportation Engineers (ITE) Trip Generation, 11th Edition (2021) and the City of Lake Elsinore Traffic Impact Analysis Guidelines for Vehicle Miles Traveled and Level of Service Assessment (June 2020).

As shown in Table T-1, the operation of the proposed Project would generate 88 daily trips including 7 trips during the AM peak hour and 17 trips during the PM peak hour as calculated using trip rates from the ITE.

Table T-1: Project Trip Generation
Land Use1 Units
ITE LU
Code
AM Peak Hour PM Peak Hour
In Out Total In Out Total
Daily
Actual Vehicle Trip Generation Rates
Specialty Trade Contractor Employees 180 0.451 0.159 0.610 0.230 0.490 0.720 3.630 Passenger Cars 0.208 0.073 0.281 0.225 0.485 0.710 3.420 4+-Axle Trucks 0.005 0.005 0.010 0.005 0.005 0.010 0.210 Actual Vehicles:

Concrete Pump Truck Storage Yard 24 Employees
Passenger Cars: 5 2 7 5 12 17 82
4+-axle Trucks: 0 0 0 0 0 0 6
Total Trips (Actual Vehicles)2 5 2 7 5 12 17 88 1 Trip Generation & Vehicle Mix Source: Institute of Transportation Engineers (ITE), Trip Generation Manual, Eleventh Edition (2021). 2 Total Trips = PassengerCars + Truck Trips.

Source: VMT Screening Analysis, Appendix B.

The City of Lake Elsinore’s criteria to identify projects that would have a less-than significant impact on VMT and therefore could be screened out from further analysis includes the following:

1. Transit Priority Area (TPA) Screening: Projects which are located within a TPA are presumed to have a less than significant impact on VMT.

2. Low VMT Area Screening: This screening threshold applies to residential or office projects that are located within a low VMT-generating area, which are identified by WRCOG as traffic analysis zones (TAZ) where total daily VMT per service population performs at or below the jurisdictional average of total VMT per service population under base year (2012) conditions. Projects which are located within a low VMT-generating area are presumed to have a less than significant impact on VMT.

3. Project Type Screening: Local serving projects listed in the TIA Guidelines and projects that generate fewer than 110 net new daily vehicle trips (or 11 single-family residences) are presumed to have a less than significant impact on VMT. Also, projects that generate less than 3,000 MTCO2e per year are considered to have a less than significant impact related to VMT.

The applicability of each criterion to the proposed Project is discussed below.

Screening Criteria 1 – TPA Screening: According to the City’s guidelines, projects located in a TPA may be presumed to have a less than significant impact if the floor area ratio (FAR) is 0.75 or higher, includes no more parking for residents, customers, or employees than the City code mandates, and is consistent with the Sustainable Communities Strategy (SCS). The proposed Project is not located in a TPA. The proposed Project Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 22
site is not located within 0.5 mile of an existing major transit stop or an existing stop along a high-quality transit corridor. Therefore, the Project would not meet the TPA Screening Criteria.

Screening Criteria 2 - Low VMT Area Screening: The City Guidelines states that “Residential and office projects located within a low VMT- generating area are presumed to have a less than significant impact absent substantial evidence to the contrary. In addition, other employment-related and mixed-use land use projects may qualify for the use of screening if the project can reasonably be expected to generate VMT per service population that is similar to the existing land uses in the low VMT area.” City Guidelines identifies low VMT generating traffic analysis zones as those that generate VMT per service population below the City of Lake Elsinore’s baseline’s VMT per service population.

The Western Riverside Council of Governments (WRCOG) Transportation Model was used to determine the existing VMT per service population for TAZ 1025, where the Project is located. TAZ 1025 was found to generate 29.6 VMT per service population, which is below the City of Lake Elsinore's current citywide average VMT per service population of 35.5. The Project's proposed construction-related land use is consistent with the existing land uses in TAZ 1025, such as construction and industrial employees, and is not anticipated introduce changes travel patterns in the area. The Project is located in a low VMT-generating area based on VMT per service population. Figure T-1 provides the Screening Tool output for the Project’s TAZ. Therefore, the proposed Project would meet Screening Criteria 2, and impacts would be less than significant.

Screening Criteria 3 – Project Trip Generation Screening: The City’s guidelines state that local serving retail projects less than 50,000 square feet, local serving projects, and projects generating fewer than 110 daily vehicle trips may be presumed to have a less than significant impact. As shown in Table T-1, the Project would generate 88 daily trips, which is less than 110. Therefore, the Project would also meet Screening Criteria 3, and impacts related to VMT would be less than significant.

Transit Services. There is no existing bus service within the Project vicinity. The closest existing bus stop is approximately 0.8 mile from the site at West Pottery Street and North Kellogg Street, which is served by Riverside Transit Agency Bus Route 8 that runs every 30 to 90 minutes, 7 days per week. The existing transit services could serve Project site employees. The proposed Project would not alter or conflict with existing transit stops and schedules, and impacts related to transit services would not occur.

Bicycle and Pedestrian Facilities. There is no existing bicycle infrastructure such as bicycle trails/lanes on the surrounding streets. Therefore, the Project would not alter or conflict with any bicycle facilities. The Project includes installation of a new sidewalk along the site frontage of the site along both N. Riley Street and W.

Minthorn Street. This would facilitate pedestrian use and walking to nearby locations. Therefore, the proposed Project would install and improve, and not conflict with, pedestrian facilities.

Emergency Access. The proposed construction activities, including equipment and supply staging and storage, would occur within the Project site, and would not restrict access of emergency vehicles to the Project site or adjacent areas. The connections to existing infrastructure systems and roadway improvements that would be implemented during construction of the proposed Project could require the temporary closure of one side or portions of N. Riley Street and W. Minthorn Street for a short period of time (i.e., hours or a few days).

However, the construction activities would be required to ensure emergency access in accordance with Section 503 of the California Fire Code (Title 24, California Code of Regulations, Part 9), which would be ensured through the City’s permitting process. The construction permitting process would ensure provision adequate Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 23
and safe circulation to, from, and through the Project site, and would provide routes for emergency responders to access different portions of the Project site. N. Riley Street and W. Minthorn Street would normally remain open and accessible to all vehicle traffic including emergency responders, except for possibly interim or partial closures for construction activities for a few hours or days with a City permit. Because the Project is required to comply with all applicable City codes, as verified by the City, potential impacts related to inadequate emergency access would be less than significant.

The proposed Project would not result in any significant effects relating to traffic; therefore, the proposed Project meets the traffic related criteria of CEQA Guidelines Section 15332(d).

Figure T-1: Low VMT Screening
Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 24
NOISE
A Noise Impact Analysis (Appendix C) was prepared for the proposed Project to assess the project’s potential noise and vibration related impacts. The following analysis incorporates information from the study.

Noise Terminology
• Leq: The equivalent sound level, which is used to describe noise over a specified period of time, typically 1-hour, in terms of a single numerical value. The Leq of a time-varying signal and that of a steady signal are the same if they deliver the same acoustic energy over a given time. The Leq may also be referred to as the average sound level.
• Lmax: The instantaneous maximum noise level experienced during a given period of time. • Lmin: The instantaneous minimum noise level experienced during a given period of time. • CNEL: The Community Noise Equivalent Level, which, similar to the Ldn, is the average A-weighted noise level during a 24-hour day that is obtained after an addition of 5 dBA to measured noise levels between the hours of 7:00 pm to 10:00 pm and after an addition of 10 dBA to noise levels between the hours of 10:00 pm to 7:00 am to account for noise sensitivity in the evening and nighttime, respectively. • Ambient Noise: The “ambient noise level” is the background noise level associated with a given environment at a specified time and is usually a composite of sound from many sources from many directions.

Noise Regulations
General Plan
The City’s General Plan Public Safety and Welfare Element includes a compatibility matrix (Table 3-1) to determine if new land uses are compatible with the existing noise environment. The table identifies noise environments that are less than 70 dBA CNEL to be normally compatible with residential uses, and areas that have existing ambient noise levels above 75 dBA CNEL are considered clearly incompatible with residential uses. Commercial and industrial uses are normally compatible with noise levels up to 85 dBA CNEL.

Lake Elsinore Municipal Code
Section 17.176.060, Exterior Noise Limits, identifies the maximum permissible sound levels by receiving land use. For light industrial uses, noise levels can be 70 dBA at any time. For residential land uses, the noise level limits for the daytime (7:00 a.m. to 10:00 p.m.) hours of 50 dBA L50 and 40 dBA L50 during the nighttime (10:00 p.m. to 7:00 a.m.) hours for:
• a cumulative period of 30 minutes in any hour (L₅₀); or • the standard plus 5 dBA for a cumulative period of more than 15 minutes in any hour (L₂₅); or • the standard plus 10 dBA for a cumulative period of more than 5 minutes in any hour (L8); or • the standard plus 15 dBA for a cumulative period of more than 1 minute in any hour (L2); or • the standard plus 20 dBA for any period of time (Lmax).

LEMC Section 17.176.060 for residential and light industrial uses are detailed in Table N-1.

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 25
Table N-1: LEMC Residential Exterior Noise Level Standards Receiving Land Use Condition
Based Exterior Noise Level Standards (dBA)
L50 L25 L8 L2 Lmax
(30 mins) (15 mins) (5 mins) (1 min) (Anytime)
Single-Family Residential Daytime 50 55 60 65 70
Nighttime 40 45 50 55 60
Light Industrial Anytime 70 75 80 85 90
Section 17.176.080.F, Construction/Demolition, states that the following is prohibited:

1. Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of 7:00 p.m. and 7:00 a.m., or at any time on weekends or holidays, such that the sound therefrom creates a noise disturbance across a residential or commercial real property line, except for emergency work of public service utilities or by variance issued by the City.

2. Noise Restrictions at Affected Properties. Where technically and economically feasible, construction activities shall be conducted in such a manner that the maximum noise levels at affected residential properties will not exceed those listed in the following schedule:

Mobile Equipment: Maximum noise levels for nonscheduled, intermittent, short‐term operation (less than 10 days) of mobile equipment:

Type I Areas
Single‐Family
Residential
Type II Areas
Multifamily
Residential
Type III Areas
Semi‐Residential/
Commercial
Daily, except Sundays and Legal Holidays 7:00
a.m. to 7:00 p.m. 75 dBA 80 dBA 85 dBA
Daily, 7:00 p.m. to 7:00 a.m. and all day
Sunday and Legal Holidays 60 dBA 65 dBA 70 dBA
Stationary Equipment: Maximum noise levels for repetitively scheduled and relatively long‐term operation (period of 10 days or more) of stationary equipment:

Type I Areas
Single‐Family
Residential
Type II Areas
Multifamily
Residential
Type III Areas
Semi‐Residential/
Commercial
Daily, except Sundays and Legal Holidays 7:00
a.m. to 7:00 p.m. 60 dBA 65 dBA 70 dBA
Daily,7:00 p.m. to 7:00 a.m. and all day
Sunday and Legal Holidays 50 dBA 55 dBA 60 dBA
Section 17.176.080.G, Vibration, states that it is prohibited to operate any device that creates a vibration which is above the vibration perception threshold of any individual at or beyond the property boundary of the source if on private property or at 150 feet (46 meters) from the source if on public space or public right-of-way.

However, the LEMC does not define a quantitative vibration threshold. The California Department of Transportation (Caltrans) has published thresholds that are used for construction analyses. As shown in Table N-2, the threshold at which there is a risk to older residential structures is a peak particle velocity (PPV) of 0.3.

Table N-3 shows that a PPV of 0.04 is the threshold at which groundborne vibration becomes distinctly perceptible and results in an annoyance impact (California Department of Transportation, 2020).

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 26
Table N-2: Caltrans Construction Vibration Damage Criteria Building Category PPV (in/sec)
Extremely fragile historic buildings, ruins, ancient monuments 0.08 Fragile buildings 0.10
Historic and some old buildings 0.25
Older residential structures 0.30
Source: Noise Impact Analysis, Appendix C.

Table N-3: Caltrans Construction Vibration Annoyance Criteria Human Perception Maximum PPV (in/sec)
Barely perceptible 0.01
Distinctly perceptible 0.04
Strongly perceptible 0.10
Severe 0.40
Source: Noise Impact Analysis, Appendix C.

Existing Ambient Noise Levels
To document existing ambient noise levels at existing sensitive receptors in the Project area, three 15-minute daytime noise measurements were taken on November 28, 2023 and one long-term 24-hour noise measurement was taken from November 28, 2023, to November 29, 2023. Figure N-1 shows the noise measurement locations. As shown in Table N-4, the short-term ambient noise levels ranged between 53 and

67.7 dBA Leq. Table N-5 shows that the long-term measurements of hourly noise levels ranged from 49.7 to

61.3 dBA Leq. The dominant noise source is vehicle traffic associated with the I-15 Freeway, W. Flint Street, N. Spring Street, N. Langstaff and other surrounding roadways.

Table N-4: Short-Term Noise Measurement Summary (dBA)
Site Location Time Started Leq Lmax Lmin L(2) L(8) L(25) L(50) STNM1 12:23 PM 53.0 57.6 49.0 55.9 54.8 53.6 52.7
STNM2 1:17 PM 60.9 76.9 46.5 67.6 64.7 61.3 56.9
STNM3 1:50 PM 67.7 81.9 51.3 74.5 71.6 68.2 65.2
Source: Noise Impact Analysis, Appendix C.

Table N-5: Long-Term Noise Measurement Summary (dBA)
Time Started Leq Lmax Lmin L(2) L(8) L(25) L(50)
Summary 57.3 83.5 42.8 63.1 61.1 58.2 55.3
4:00 PM 49.7 64.7 44.6 55.1 51.4 50.0 48.7
5:00 PM 55.1 77.4 44.4 61.9 55.7 53.8 50.3
6:00 PM 57.2 69.6 50.9 61.5 59.3 57.8 56.2
7:00 PM 61.3 71.1 53.8 64.4 63.3 62.0 60.8
8:00 PM 58.7 70.8 51.7 63.4 62.1 59.5 57.5
9:00 PM 58.6 64.5 50.8 62.7 61.4 59.6 57.9
10:00 PM 58.3 65.7 51.5 62.0 60.7 59.0 57.6
11:00 PM 57.1 65.2 47.7 61.6 60.1 58.5 56.4
12:00 AM 55.3 61.5 47.6 59.1 57.7 56.1 54.8
1:00 AM 55.3 62.1 46.2 59.5 57.9 56.3 54.7
2:00 AM 54.2 61.2 47.0 58.1 56.7 55.1 53.7
Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 27
Time Started Leq Lmax Lmin L(2) L(8) L(25) L(50)
3:00 AM 56.4 62.8 48.1 60.1 59.0 57.4 55.8
4:00 AM 59.8 69.7 54.4 62.8 61.6 60.6 59.5
5:00 AM 60.0 70.2 52.8 63.5 62.5 61.2 59.5
6:00 AM 61.1 76.3 53.0 64.7 63.6 62.4 60.6
7:00 AM 59.2 71.0 51.0 63.8 61.9 60.3 58.8
8:00 AM 54.7 67.3 47.8 58.8 57.1 55.6 54.0
9:00 AM 54.0 78.4 43.9 57.6 55.5 53.8 51.7
10:00 AM 53.0 62.2 42.8 58.0 56.7 54.5 51.3
11:00 AM 56.8 72.1 49.8 64.4 57.5 55.8 54.6
12:00 PM 55.2 70.2 47.7 60.3 57.7 55.5 53.9
1:00 PM 54.1 66.9 46.8 58.8 56.7 55.1 53.4
2:00 PM 58.0 83.5 44.0 63.0 56.5 52.4 49.5
3:00 PM 53.9 75.7 44.1 61.2 56.9 52.1 49.0
Source: Noise Impact Analysis, Appendix C.

Sensitive Receivers
Noise sensitive receivers are defined as locations where people reside or where the presence of unwanted sound could otherwise adversely affect the use of the land, including: residences, schools, hospitals, churches, libraries, and recreation areas. The closest noise sensitive receptors to the Project site are the existing residences that are as close as 300 feet from the Project site.

Construction Noise Impacts
The construction noise from the proposed Project would occur throughout various portions of the Project site over an eight-month period. Noise generated by construction equipment would include a combination of trucks, power tools, concrete mixers, and portable generators that when combined can reach high levels. Construction is expected to occur in the following stages: site preparation, grading, building construction, paving, and architectural coating. Construction noise would not be stationary, as construction equipment would move throughout the site during various stages of each activity.

The modeled construction noise levels reach up to 66.3 dBA Leq at the nearest residential property line to the northeast (131 Minthorn Street), 65.4 dBA Leq at the nearest residential property line to the east, 62.2 dBA Leq at the nearest residential property line to the southeast, 62.6 dBA Leq at the nearest residential property line to the southwest, 69.1 dBA Leq at the nearest single-family residential property line to the west, and 66.9 dBA Leq at the nearest multi-family residential property line to the west of the Project site, as shown on Table N-6.

This is below the allowable construction noise level of 75 dBA in residential areas per LEMC Section

17.167.080(f). Therefore, impacts related to construction noise would be less than significant.

In addition, construction noise would be temporary in nature as the operation of each piece of construction equipment would not be constant throughout the construction day, and equipment would be turned off when not in use. Further, per LEMC Section 17.176.080, construction activities are prohibited between the hours of 7:00 p.m. and 7:00 a.m. or at any time on weekend or on holidays. The construction activities would be in compliance with the City’s construction-related noise standards.

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 28
Figure N-1: Noise Measurement Locations
Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 29
Table N-6: Project Construction Noise Levels at Nearest Sensitive Noise Receptors Phase Receptor Location
Noise Levels
(dBA Leq)
Site Preparation
Residence to the East (131 W Minthorn St) 65.0
Residence to East (520 N Spring St) 64.2
Residence to Southeast (109 W Flint St) 61.0
Residence to Southwest (416 N Langstaff St) 61.3
Residence to West (513 N Langstaff St) 67.9
Residence to West (508 N Langstaff St) 65.6
Grading
Residence to the east (131 W Minthorn St) 66.3
Residence to East (520 N Spring St) 65.4
Residence to Southeast (109 W Flint St) 62.2
Residence to Southwest (416 N Langstaff St) 62.6
Residence to West (513 N Langstaff St) 69.1
Residence to West (508 N Langstaff St) 66.9
Building
Construction
Residence to the east (131 W Minthorn St) 63.7
Residence to East (520 N Spring St) 62.8
Residence to Southeast (109 W Flint St) 59.6
Residence to Southwest (416 N Langstaff St) 60.0
Residence to West (513 N Langstaff St) 66.5
Residence to West (508 N Langstaff St) 64.3
Paving
Residence to the east (131 W Minthorn St) 63.4
Residence to East (520 N Spring St) 62.6
Residence to Southeast (109 W Flint St) 59.4
Residence to Southwest (416 N Langstaff St) 59.7
Residence to West (513 N Langstaff St) 66.3
Residence to West (508 N Langstaff St) 64.0
Architectural
Coating
Residence to the east (131 W Minthorn St) 54.4
Residence to East (520 N Spring St) 53.5
Residence to Southeast (109 W Flint St) 50.3
Residence to Southwest (416 N Langstaff St) 50.7
Residence to West (513 N Langstaff St) 57.2
Residence to West (508 N Langstaff St) 55.0
Source: Noise Impact Analysis, Appendix C.

Operation Noise Impacts
Onsite Operational Noise. Onsite operational noise would largely be generated by vehicles and trucks moving on the site and from heating and air conditioning units. The mechanical equipment used for maintaining the cement pump trucks would be located inside of the proposed building. Modeling of the proposed uses identified that operational noise is expected to range between 35.8 and 43.9 dBA Leq at nearby land uses and would not exceed the applicable stationary noise standards, as shown on Table N-7 and shown on Figure N-2. Therefore, impacts would be less than significant.

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 30
Table N-7: Project Operational Noise Levels At Nearest Sensitive Noise Receptors Receiving Land Use Time Period
Ordinance Noise
Level Limits
(dBA)
Measured
Noise
Levels
Adjusted
Noise Level
Limits
Project Operational
Noise Level
(dBA, Leq)
Exceed
Threshold?
R1 Single-Family
Residential
10 PM to 7 AM 40 53 55 37.8 No
7 AM to 10 PM 50 54 55 No
R2 Single-Family
Residential
10 PM to 7 AM 40 53 65 36.5 No
7 AM to 10 PM 50 54 55 No
R3 Single-Family
Residential
10 PM to 7 AM 40 68 70 39.6 No
7 AM to 10 PM 50 54 55 No
R4 Single-Family
Residential
10 PM to 7 AM 40 68 70 39.6 No
7 AM to 10 PM 50 54 55 No
R5 Light Industrial Anytime 70 68 70 43.9 No
R6 General
Commercial
10 PM to 7 AM 60 68 70 35.8 No
7 AM to 10 PM 65 54 65 No
R7 Single-Family
Residential
10 PM to 7 AM 40 50 50 43.3 No
7 AM to 10 PM 50 54 55 No
R8 Multiple Dwelling
Residential
10 PM to 7 AM 45 50 50 41.2 No
7 AM to 10 PM 50 54 55 No
Source: Noise Impact Analysis, Appendix C.

1. If the measured ambient level differs from that permissible, the allowable noise exposure standard shall be adjusted in 5 dB increments in each category as appropriate to encompass or reflect said ambient noise level.

Traffic Noise. Vehicle and truck trips from operation of the Project would generate offsite noise. During operation, the proposed Project is expected to generate approximately 88 average daily trips with 7 trips during the AM peak-hour and 17 trips during the PM peak-hour. As shown in Table N-8, modeled existing traffic noise levels range between 71.14 and 72.18 dBA CNEL and the modeled Existing Plus Project traffic noise levels range between 71.24 and 72.24 dBA CNEL at the right-of-way of each study roadway segment. Thus, with implementation of the Project, offsite traffic noise levels would increase by 0.10 dBA CNEL, which is less than the 1.5 dBA CNEL threshold. Therefore, impacts related to operational traffic noise would be less than significant.

Table N-8: Project Traffic Noise Levels at Nearest Sensitive Noise Receptors Roadway
Distance
from
roadway
centerline to
right-of-way
(feet)
Modeled Noise Levels (dBA CNEL)
Existing
Without
Project at
right-ofway
Existing
Plus
Project at
right-ofway
Change in
Noise
Level
Increase of

1.5 dB or More?
Minthorn Street near the Project site 25 71.14 71.24 0.10 No Riley Street south of Minthorn Street 20 72.18 72.24 0.06 No Source: Noise Impact Analysis, Appendix C.

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 31
Figure N-2: Operational Noise Levels
Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 32
Vibration Impacts
Construction Vibration. Construction activities for development of the Project would include excavation and grading, which have the potential to generate low levels of groundborne vibration. People residing in close proximity to the construction could be exposed to the generation of excessive groundborne vibration or groundborne noise levels related to construction activities. The results from vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibrations at moderate levels, to slight structural damage at the highest levels. As shown in Table N-9, a vibratory roller could generate up to 0.21 in/sec PPV at and operation of a large bulldozer could generate up to 0.089 PPV at a distance of 25 feet (two of the most vibratory pieces of construction equipment). Groundborne vibration at sensitive receptors associated with this equipment would drop off as the equipment moves away. For example, as the vibratory roller moves further than 100 feet from the sensitive receptors, the vibration associated with it would drop below

0.0026 in/sec PPV. It should be noted that these vibration levels are reference levels and may vary slightly depending upon soil type and specific usage of each piece of equipment.

Table N-9: Construction Equipment Vibration Source Levels Equipment PPV at 25 ft, in/sec Approximate Lv* at 25 ft Vibratory Roller 0.210 94
Hoe Ram 0.089 87
Large Bulldozer 0.089 87
Loaded Trucks 0.076 86
Jackhammer 0.035 79
Small Bulldozer 0.003 58
Source: Noise Impact Analysis, Appendix C.

Based on the groundborne vibration modeling, use of a vibratory roller is expected to generate a PPV of 0.104 in/sec and use of a bulldozer is expected to generate a PPV of 0.044 in/sec at the closest off-site building, which is a commercial use located approximately 40 feet east of the Project site, which is less than the threshold of 0.3 PPV. In addition, the vibration level at the closest residence would be 0.005 PPV, which is less than the vibration annoyance criteria of 0.04 PPV. Therefore, impacts related to construction vibration would be less than significant.

Table N-10: Construction Vibration Levels at Nearest Structures Receptor Location
Property Line
to Nearest
Structure
(feet) Equipment
PPV
(in/sec)
Threshold
Exceeded?
Commercial/Public Works to West
(521 N Langstaff Street)
225 Vibratory Roller 0.008 No
225 Large Bulldozer 0.003 No
Single-Family Residence to West
(513 N Langstaff Street)
363 Vibratory Roller 0.004 No
363 Large Bulldozer 0.002 No
Multi-Family Residence to West
(508 N Langstaff Street)
352 Vibratory Roller 0.004 No
352 Large Bulldozer 0.002 No
Single-Family Residence to Southwest
(416 N Langstaff Street)
322 Vibratory Roller 0.005 No
322 Large Bulldozer 0.002 No
Commercial to East (522 N Riley Street) 40 Vibratory Roller 0.104 No Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 33
Receptor Location
Property Line
to Nearest
Structure
(feet) Equipment
PPV
(in/sec)
Threshold
Exceeded?
40 Large Bulldozer 0.044 No
Commercial to Northeast (233 Minthorn Street)
152 Vibratory Roller 0.014 No
152 Large Bulldozer 0.006 No
Commercial to North (311 Minthorn Street)
43 Vibratory Roller 0.093 No
43 Large Bulldozer 0.039 No
Source: Noise Impact Analysis, Appendix C.

Overall, the proposed Project would not result in any significant effects relating to noise or vibration; therefore, the proposed Project meets the noise related criteria of CEQA Guidelines Section 15332(d).

AIR QUALITY
This section is based on the Air Quality and Greenhouse Gas Assessment prepared for the proposed Project that is provided in Appendix D. The Project’s construction and operational emissions were calculated using the California Emissions Estimator Model (CalEEMod) Version 2022.1.1.20 pursuant to the South Coast Air Quality Management District (SCAQMD) methodology criteria.

Air Quality Management Plan. The Project site is located in the South Coast Air Basin, which is under the jurisdictional boundaries of the SCAQMD. The SCAQMD and Southern California Association of Governments (SCAG) are responsible for preparing the Air Quality Management Plan (AQMP), which addresses federal and state Clean Air Act (CAA) requirements. The AQMP details goals, policies, and programs for improving air quality in the Basin. In preparation of the AQMP, SCAQMD and SCAG use land use designations contained in General Plan documents to forecast, inventory, and allocate regional emissions from land use and development-related sources.

As described in Chapter 12, Section 12.2 and Section 12.3 of the SCAQMD’s CEQA Air Quality Handbook (1993), for purposes of analyzing consistency with the AQMP, if a proposed project would have a development density and vehicle trip generation that is substantially greater than what was anticipated in the General Plan, then the proposed project would conflict with the AQMP. On the other hand, if a project’s density is consistent with the General Plan, its emissions would be consistent with the assumptions in the AQMP, and the project would not conflict with SCAQMD’s attainment plans. In addition, the SCAQMD considers projects consistent with the AQMP if the project would not result in an increase in the frequency or severity of existing air quality violations or cause a new violation.

The Project site has a General Plan land use designation of Business Professional that allows development at a FAR of 0.45. The Project proposes to develop a 7,500 square foot building on the 1.65-acre site, which would result in a FAR of 0.10; and therefore, is consistent with the allowable density and would not conflict with the AQMP.

Also, as described in the analysis below, emissions generated by construction and operation of the proposed Project would not exceed thresholds. Thus, the Project would not result in an increase in the frequency or severity of existing air quality violations or cause a new violation, and no impacts would occur.

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 34
Construction Emissions. Construction activities associated with the proposed Project would generate pollutant emissions from the following construction activities: demolition, site preparation, grading, building construction, paving, and architectural coating. The volume of emissions generated on a daily basis would vary, depending on the intensity and types of construction activities occurring. Construction activities would generate emissions from onsite construction equipment, haul of soils export and import of construction materials, and construction worker vehicle trips to and from the Project site during the estimated eight months of construction.

It is mandatory for all construction projects to comply with several SCAQMD Rules, including Rule 403 for controlling fugitive dust, PM10, and PM2.5 emissions from construction activities. Rule 403 requirements include, but are not limited to, applying water in sufficient quantities to prevent the generation of visible dust plumes, applying soil binders to uncovered areas, reestablishing ground cover as quickly as possible, utilizing a wheel washing system to remove bulk material from tires and vehicle undercarriages before vehicles exit the proposed project site, covering all trucks hauling soil with a fabric cover and maintaining a freeboard height of 12-inches, and maintaining effective cover over exposed areas. Compliance with Rule 403 was accounted for in the construction emissions modeling and is ensured through the City’s development permitting process.

In addition, implementation of SCAQMD Rule 1113 that governs the volatile organic compounds (VOC) content in architectural coating, paint, thinners, and solvents, would be required and is also ensured through the City’s development permitting process. As shown in Table AQ-1, CalEEMod modeling results show that construction emissions generated by the proposed Project would not exceed SCAQMD regional thresholds. Therefore, construction activities would result in a less than significant impact.

Table AQ-1: Regional Construction Emissions Summary
Source
Maximum Daily Emissions (lbs/day)
VOC NOx CO SOx PM10 PM2.5
2024 Summer 2.13 24.74 18.57 0.06 4.79 2.38
2024 Winter 7.80 17.80 21.40 0.04 0.95 0.73
Maximum Daily Emissions 7.80 24.74 21.40 0.06 4.79 2.38 SCAQMD Regional Threshold 75 100 550 150 150 55
Threshold Exceeded? No No No No No No
Source: Air Quality and Greenhouse Gas Assessment, Appendix D Operational Emissions. Implementation of the Project would result in long-term regional emissions of criteria air pollutants and ozone precursors associated with area sources, such as natural gas and electricity consumption, landscaping, applications of architectural coatings, and consumer products. However, operational vehicular emissions would generate a majority of the emissions generated from the Project.

Operational emissions associated with the proposed Project were modeled using CalEEMod and are presented in Table AQ-2. As shown, the proposed Project would result in long-term regional emissions of the criteria pollutants that would be below the SCAQMD’s applicable thresholds. Therefore, the Project’s operational emissions would not exceed the national ambient air quality standards (NAAQS) or the California Ambient Air Quality Standards (CAAQS) and would not result in a cumulatively considerable net increase of any criteria pollutant. Impacts would be less than significant.

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 35
Table AQ-2: Summary of Regional Operational Emissions
Operational Source
Maximum Daily Emissions (lbs/day)
VOC NOx CO SOx PM10 PM2.5
Summer
Mobile 0.35 1.06 3.99 0.02 0.95 0.25
Area 0.23 2.75E-03 0.33 1.95E-05 5.80E-04 4.38E-04
Energy 3.06E-03 0.06 0.05 3.33E-04 4.22E-03 4.22E-03
Total Maximum Daily Emissions 0.59 1.12 4.37 0.02 0.95 0.26 SCAQMD Significance Thresholds 55 55 550 150 150 55
Threshold Exceeded? No No No No No No
Winter
Mobile 0.33 1.12 3.32 0.01 0.95 0.25
Area 0.18 0.00 0.00 0.00 0.00 0.00
Energy 3.06E-03 0.06 0.05 3.33E-04 4.22E-03 4.22E-03
Total Maximum Daily Emissions 0.52 1.17 3.37 0.02 0.95 0.26 SCAQMD Significance Thresholds 55 55 550 150 150 55
Threshold Exceeded? No No No No No No
Source: Air Quality and Greenhouse Gas Assessment, Appendix D Local Emissions. The SCAQMD recommends the evaluation of localized NOx, CO, PM10, and PM2.5 construction-related impacts to sensitive receptors in the immediate vicinity of the Project site. Such an evaluation is referred to as a localized significance threshold (LST) analysis. The impacts were analyzed pursuant to the SCAQMD’s Final Localized Significance Threshold Methodology. According to the LST Methodology, off-site mobile emissions from the Project should not be included in the emissions compared to the LSTs. SCAQMD has developed LSTs that represent the maximum emissions from a project that are not expected to cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standards, and thus would not cause or contribute to localized air quality impacts. LSTs are developed based on the ambient concentrations of NOx, CO, PM10, and PM2.5 pollutants for each of the 38 source receptor areas (SRAs) in the SCAB. The Project site is located in SRA 25, Lake Elsinore.

Sensitive receptors include uses such as residences, schools, playgrounds, childcare centers, and athletic facilities. The nearest LST sensitive receptors to the Project site are the residences to the west and southwest.

In addition, non-sensitive receptors are adjacent to the site, as listed below and shown in Figure AQ-1:
• Receptor R1 represents the residence at 508-C North Langstaff Street, approximately 355 feet west of the Project site.
• Receptor R2 represents the residence at 416 North Langstaff Street, approximately 455 feet southwest of the Project site.
• Receptor R3 represents a light industrial commercial building at 522 North Riley Street, approximately 61 feet east of the Project site.
• Receptor R4 represents the commercial building at 18921 Collier Avenue, approximately 65 feet north of the Project site.
• Receptor R5 represents the building at the City of Lake Elsinore Public Works facility located at 521 North Langstaff Street, approximately 212 feet west of the Project site.

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 36
Figure AQ-1: Air Quality Receptor Locations
Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 37
Construction LST. The localized thresholds from the mass rate look-up tables in SCAQMD’s Final Localized Significance Threshold Methodology document, were developed for use on projects that are less than or equal to 5-acres in size or have a disturbance of less than or equal to 5 acres daily and were used to evaluate LSTs.

The maximum number of acres disturbed on the peak day of construction was calculated from the CalEEMod model construction equipment list, which identifies that crawler tractors, graders, and rubber-tired dozers disturb 0.5-acre in an 8-hour day and scrapers disturb 1.0-acre in an 8-hour day. It was determined that the Project’s construction activities could disturb a maximum of approximately 1.5 acres per day for site preparation and 2 acres per day for grading activities. As shown in Table AQ-3, with implementation of SCAQMD Rules 403 and 1113, the maximum daily construction emissions from the proposed Project would not exceed the applicable SCAQMD LST thresholds. Therefore, impacts would be less than significant.

Table AQ-3: Localized Construction Emissions
Emissions
Maximum Daily Emissions (lbs/day)
NOx CO PM10 PM2.5
Site Preparation
Maximum Daily Emissions 16.14 14.15 2.81 1.67
SCAQMD Significance Thresholds 198 925 20 37
Threshold Exceeded? No No No No
Grading
Maximum Daily Emissions 18.50 16.24 3.13 1.85
SCAQMD Significance Thresholds 234 1,110 24 41
Threshold Exceeded? No No No No
Source: Air Quality and Greenhouse Gas Assessment, Appendix D Operational LST. The localized operational emissions from the proposed Project were modeled to identify a maximum potential impact from the Project. Table AQ-4 shows all of the onsite stationery and mobile sources of emissions. As detailed, emissions resulting from operation of the proposed Project would not exceed the localized thresholds of significance established by the SCAQMD for any criteria pollutant. Thus, operational LST impacts would be less than significant.

Table AQ-4: Localized Operational Emissions
Onsite Emissions
Maximum Daily Emissions (lbs/day)
NOX CO PM10 PM2.5
MaximumDaily Emissions 0.20 0.98 0.02 0.01
SCAQMD Localized Threshold 371 1,965 15 4
Threshold Exceeded? No No No No
Source: Air Quality and Greenhouse Gas Assessment, Appendix D Greenhouse Gas Emissions: The City of Lake Elsinore has not adopted a numerical significance threshold to evaluate greenhouse gas (GHG) impacts. SCAQMD does not have approved thresholds; however, it does have draft thresholds that provides a tiered approach to evaluate GHG impacts, which includes the following:
• Tier 1 consists of evaluating whether or not the project qualifies for any applicable exemption under CEQA.
• Tier 2 consists of determining whether the project is consistent with a GHG reduction plan. If a project is consistent with a qualifying local GHG reduction plan, it does not have significant GHG emissions.

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 38
• Tier 3 consists of screening values, which the lead agency can choose, but must be consistent with all projects within its jurisdiction. A project’s construction emissions are averaged over 30 years and are added to the project’s operational emissions. If a project’s emissions are below one of the following screening thresholds, then the project is less than significant:
o Residential and Commercial land use: 3,000 metric tons of carbon dioxide equivalent (MTCO2e) per year
o Industrial land use: 10,000 MTCO2e per year
o Based on land use type: residential: 3,500 MTCO2e per year; commercial: 1,400 MTCO2e per year; or mixed use: 3,000 MTCO2e per year
The SCAQMD’s draft threshold uses the Executive Order S-3-05 year 2050 goal as the basis for the Tier 3 screening level. Achieving the Executive Order’s objective would contribute to worldwide efforts to cap CO2 concentrations at 450 parts per million (ppm), thus stabilizing global climate. Therefore, for purposes of examining potential GHG impacts from implementation of the proposed Project, and to provide a conservative analysis of potential impacts, the Tier 3 screening level for all land use projects of 3,000 MTCO2e was selected as the significance threshold. In addition, SCAQMD methodology for evaluating a project’s construction emissions are to amortize them over 30-years and then add them to the project’s operational emissions to determine if the project would exceed the screening values listed above.

Project GHG Emissions. Construction activities generate sources of GHG emissions from construction equipment and workers’ commutes to and from the site. The combustion of fossil-based fuels creates GHGs such as CO2, CH4, and N2O. As shown on Table AQ-5, construction of the Project is estimated to generate

6.52 MTCO2e per year from construction emissions amortized over 30 years per SCAQMD methodology.

During operations, the proposed Project would generate long-term GHG emissions from vehicular/truck trips, mechanical operations related to truck maintenance; water, natural gas, and electricity consumption; and solid waste generation. Water use results in indirect GHG emissions from the energy required to transport water from its source. Natural gas use results in the emission of two GHGs: CH4 (the major component of natural gas) and CO2 (from the combustion of natural gas). Electricity use can result in GHG production if the electricity is generated by combusting fossil fuel. As shown in Table AQ-5, the Project would generate approximately 246.65 MTCO2e per year, which is less than the SCAQMD threshold of 3,000 MTCO2e. Therefore, impacts would be less than significant.

Table AQ-5: Project Total GHG Emissions
Source
Emission (lbs/day)
CO2 CH4 N2O R Total CO2e
Annual construction-related emissions
amortized over 30 years

6.48 2.54E-04 1.21E-04 6.40E-04 6.52
Mobile 187.83 0.01 0.02 0.25 193.74
Area 0.15 6.38E-06 1.31E-06 0.00 0.15
Energy 40.60 3.78E-03 3.61E-04 0.00 40.80
Water 1.86 0.04 1.05E-03 0.00 3.26
Waste 0.62 0.06 0.00 0.00 2.18
Refrigerants 0.00 0.00 0.00 2.05E-03 2.05E-03
Total CO2e (All Sources) 246.65
Source: Air Quality and Greenhouse Gas Assessment, Appendix D Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 39
Project Compliance with Applicable GHG Policies. The proposed development Project would comply with state programs that are designed to be energy efficient. The proposed Project would comply with all mandatory measures under the California Title 24, California Energy Code, and the CalGreen Code, which would provide efficient energy and water consumption. The City’s administration of the requirements includes review of the energy conservation measures during the permitting process, which ensures that all requirements are met.

The City of Lake Elsinore adopted a Climate Action Plan (CAP) in 2011. Table AQ-6 provides an analysis of the proposed Project’s consistency with the policies in the City’s CAP.

Table AQ-6: Project Consistency with the City’s Climate Action Plan CAP Measure Applicability to
Proposed Project Consistency
Measure T-1.2: Pedestrian
Infrastructure Not Applicable
Not Applicable. This measure requires the installation of sidewalks along new and reconstructed streets and
sidewalks or paths to internally link all uses and provide connections to neighborhood activity centers, major
destinations, and transit facilities contiguous with the project site.

The Project site is located within a light industrial area that does not include neighborhood activity centers, major
destinations, and transit facilities contiguous with the site.

However, the Project would provide pedestrian/ADA paths of travel from the vehicular parking lot to the proposed building.

As such, the proposed Project would not conflict with this measure.

Measure T-1.4: Bicycle
Infrastructure Not Applicable
Not Applicable. This measure requires new development to implement and connect to the network of Class I, II and III bikeways, trails and safety features identified in the General Plan, Bike Lane Master Plan, Trails Master Plan and Western Riverside County Non- Motorized Transportation plan.

The General Plan Figure 3.4-11 does not identify any new planned bicycle lanes along the Project site frontages. The Project does not involve bicycle infrastructure. As such, the proposed Project would not conflict with this measure.

Measure T-1.5: Bicycle
Parking Standards Not Applicable
Not Applicable. This measure requires the City to enforce short-term and long-term bicycle parking standards for new non- residential developments. This measure is not
applicable to the concrete pump truck Project. As such, the proposed Project would not conflict with this measure.

Measure T-2.1: Designated
Parking for Fuel Efficient
Vehicles
Applicable
Consistent. This measure requires new non-residential
developments to designate 10% of total parking spaces for low-emitting, fuel-efficient vehicles. The Project would provide a total of 13 passenger vehicle spaces and 4 of these Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 40
CAP Measure Applicability to
Proposed Project Consistency
would be EV parking spaces. As such, the proposed Project would not conflict with this measure.

Measure T-4.1: Commute
Trip Reduction Program Applicable
Consistent. This measure requires the City to institute a commute trip reduction program for employers with fewer than 100 employees. This measure would be implemented
with the Project’s occupancy permits. As such, the proposed Project would not conflict with this measure.

Measure E-1.1: Tree
Planting Requirements Applicable
Consistent. This measure requires new developments to
plant at minimum one 15-gallon non-deciduous, umbrellaform tree per 30 linear feet of boundary length near buildings.

The Project would comply with this measure as shown on
Figure 9, Conceptual Landscape Plan. This measure is
implemented by the City through the development review
process, and conditions of approval. As such, the proposed Project would not conflict with this measure.

Measure E-1.2: Cool Roof
Requirements Applicable
Consistent. This measure requires new non-residential
development to use roofing materials having solar
reflectance, thermal emittance, or Solar Reflectance Index consistent with CALGreen Tier 1 values. This measure would be implemented by the proposed Project and verified during the development permitting process.

Measure E-1.3: Energy
Efficient Building Standards Applicable
Consistent. This measure requires that new construction exceed the California Energy Code requirements through
either the performance-based or prescriptive approach
described in the California Green Building Code. This
measure is implemented by the Departments of Planning,
Public Works, and Building through the development review process, and conditions of approval. As such, the proposed Project would not conflict with this measure.

Measure E-3.2: Energy
Efficient Street and Traffic
Signal Lights
Applicable
Consistent. This measure requires the City to 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. This measure is currently being implemented by the Department of Public Works through renovation. This measure would
apply to any street and/or traffic lights replaced or installed as part of the Project. This measure is implemented by the Departments of Planning, Public Works, and Building
through the development review process, and conditions of Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 41
CAP Measure Applicability to
Proposed Project Consistency
approval. As such, the proposed Project would not conflict with this measure.

Measure E-4.1:

Landscaping Ordinance Applicable
Consistent. This measure requires the City to enforce the City’s AB 1881 Landscaping Ordinance, which requires that landscaping be water efficient, thereby consuming less
energy and reducing emissions. The proposed Project is
consistent with the City’s landscaping and irrigation
requirements. This measure is verified by the Departments of Planning, Public Works, and Building through the
development review process, and conditions of approval. As such, the proposed Project would not conflict with this measure.

Measure E-4.2: Indoor
Water Conservation
Requirements
Applicable
Consistent. This measure requires that development
projects reduce indoor water consumption. The proposed
Project is designed to be consistent with the Title 24 water conservation requirements. This measure would be verified by the Departments of Building and Planning through project permitting. As such, the proposed Project would not conflict with this measure.

Measure E-5.1: Renewable
Energy Incentives Applicable
Consistent. This measure facilitates the voluntary
installation of small-scale renewable energy systems, such as solar photovoltaic and solar hot water systems, by
connecting residents and businesses with technical and
financial assistance through the City website. This measure is implemented by the Departments of Building and Planning through outreach and incentive programs. The proposed
Project is designed to be consistent with the Title 24 energy requirements. The proposed Project would not conflict with this measure.

Measure S-1.4:

Construction and
Demolition Waste Diversion
Applicable
Consistent. This measure requires development projects to divert, recycle or salvage nonhazardous construction and demolition debris generated at the site, and requires all construction and demolition projects to be accompanied by a waste management plan for the project. This measure is
implemented by the Departments of Planning and Building through City contracts, LEMC amendments, development
and review process, and conditions of approval. The
proposed Project would implement construction and
demolition waste diversion, as required by Section 5.408.1 of the California Green Building Standards Code. As such, the proposed Project would not conflict with this measure.

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 42
Overall, the proposed Project would not result in any significant effects relating to air quality or greenhouse gas emissions; therefore, the proposed Project meets the air quality related criteria of CEQA Guidelines Section 15332(d).

WATER QUALITY
The Project site is located within the Santa Ana River Watershed, which includes the approximately 100-milelong Santa Ana River and more than 50 tributaries, making it the largest river basin in Southern California. The City of Lake Elsinore is underlain by the Elsinore Groundwater Basin, which covers 40.2 square miles in western Riverside County. The City is within the jurisdiction of the Santa Ana Regional Water Quality Control Board (RWQCB), which sets water quality standards for all ground and surface waters within its region. Water quality standards are defined under the Clean Water Act (CWA) 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). Water quality standards for all ground and surface waters overseen by the RWQCB are documented in its Basin Plan, and the regulatory program of the RWQCB is designed to minimize and control discharges to surface and groundwater, largely through permitting, such that water quality standards are effectively attained.

Construction. Construction of the proposed Project would require grading and excavation of soils, which would loosen sediment, and then have the potential to mix with surface water runoff and degrade water quality. The Project includes development of a retaining wall that would be 20-25-feet from the start of the slope that leads down to Temescal Wash. Additionally, construction would use heavy equipment and construction-related chemicals, such as concrete, cement, asphalt, fuels, oils, antifreeze, transmission fluid, grease, solvents, and paints. These potentially harmful materials could be accidentally spilled or improperly disposed of during construction and, if mixed with surface water runoff could wash into and pollute waters.

These types of water quality impacts during construction of the Project would be prevented through implementation of a stormwater pollution prevention plant (SWPPP). Construction of the Project would disturb more than one acre of soil; therefore, the proposed Project would be required to obtain coverage under the NPDES General Permit for Discharges of Storm Water Associated with Construction Activity (and LEMC Section 14.08). Construction activity subject to this permit includes clearing, grading, and ground disturbances such as trenching, stockpiling, or excavation. The Construction General Permit requires implementation of a SWPPP that is required to identify all potential sources of pollution that are reasonably expected to affect the quality of storm water discharges from the construction site. The SWPPP would generally contain a site map showing the construction perimeter, proposed buildings, stormwater collection and discharge points, general pre- and post-construction topography, drainage patterns across the site, and adjacent roadways. An Erosion and Sediment Transport Control Plan is also required to be prepared by a qualified SWPPP developer (QSD) to be included in the SWPPP for the Project with construction Best Management Practices (BMPs) such as:
• Prompt revegetation of proposed landscaped areas;
• Perimeter gravel bags or silt fences to prevent off-site transport of sediment; • Storm drain inlet protection (filter fabric gravel bags and straw wattles), with gravel bag check dams within paved roadways;
• Regular sprinkling of exposed soils to control dust during construction and soil binders for forecasted wind storms;
Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 43
• Specifications for construction waste handling and disposal; • Contained equipment wash-out and vehicle maintenance areas; • Erosion control measures including soil binders, hydro mulch, geotextiles, and hydro seeding of disturbed areas ahead of forecasted storms;
• Construction of stabilized construction entry/exits to prevent trucks from tracking sediment on City roadways;
• Construction timing to minimize soil exposure to storm events; and • Training of subcontractors on general site housekeeping.

Adherence to the existing requirements and implementation of the appropriate BMPs as ensured through the City’s construction permitting process would ensure that the Project would not violate any water quality standards or waste discharge requirements, potential water quality degradation associated with construction activities would be minimized, and impacts (including those to Temescal Wash) would be less than significant.

Operations. The proposed Project includes operation of truck parking and maintenance, vehicle parking, and landscaping. Potential pollutants associated with the proposed uses include various chemicals from cleaners; truck maintenance oils, lubricants, fluids; sediment from landscaping; trash and concrete debris; and oil and grease from vehicles in the parking lots. If these pollutants discharge into surface waters, it could result in degradation of water quality. However, operation of the proposed Project would be required to comply with the requirements of the Santa Ana Regional MS4 Permit through preparation of a project-specific Hydrology Study and Water Quality Management Plan (WQMP) that describes the low-impact development (LID) infrastructure and non-structural, structural, and source control and treatment control BMPs that are included in the Project’s design to protect water quality.

The Santa Ana Regional MS4 Permit regulations are included in the LEMC in Chapter 14.08. The MS4 Permit:
• Provides the framework for the program management activities and plan development; • Provides the legal authority for prohibiting unpermitted discharges into the storm drain system and for requiring BMPs in new development and significant redevelopment; • Ensures that all new development and significant redevelopment incorporates appropriate Site Design, Source Control, and Treatment Control BMPs to address specific water quality issues; and • Ensures that construction sites implement control practices that address construction related pollutants including erosion and sediment control and onsite hazardous materials and waste management.

The Santa Ana Regional MS4 Permit requires that new development and significant redevelopment projects (or priority projects), such as the proposed Project, develop and implement a WQMP that includes BMPs and LID design features that would provide onsite treatment of stormwater to prevent pollutants from onsite uses from leaving the site. A WQMP is required to be approved prior to the issuance of a building or grading permit.

The proposed Project would install an onsite drainage and bioretention system to capture and treat stormwater.

Stormwater on the Project site would be conveyed to landscape areas and onsite storm drains that would drain to two proposed bioretention basins that would collect, treat, and infiltrate runoff into the site soils. The system Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 44
is required to be sized to treat runoff from the Design Capture Storm (85th percentile, 24-hour) from the Project site. The Project’s WQMP would be reviewed and approved by the City to ensure it complies with the Santa Ana RWQCB MS4 Permit regulations. In addition, the City’s permitting process would ensure that all BMPs in the WQMP would be implemented with the Project. Overall, implementation of the WQMP pursuant to the existing regulations would ensure that operation of the proposed Project would not violate any water quality standards, waste discharge requirements, or otherwise degrade water quality; and no new impacts would occur.

The proposed Project would not result in any significant effects relating to water quality; therefore, the proposed Project meets the water quality related criteria of CEQA Guidelines Section 15332(d). e. Criterion Section 15332(e): Utilities: The site can be adequately served by all required utilities and public services.

The utilities necessary to construct and operate the proposed Project (electric, natural gas, trash, water, and sewage) would be adequately provided by existing utility service systems. The Project site is located in an urbanized and developed area. The proposed Project would connect to existing utility service lines surrounding the Project site. The proposed Project would install onsite 6-inch domestic water lines and 8-inch sewer lines that would connect to the existing water main and sewer line in N. Riley Street. Similarly, onsite electrical systems would be installed on the site and would connect to existing infrastructure within N. Riley Street. Trash collection services would be arranged prior to the issuance of building permits. All service confirmations would be addressed prior to occupancy. Given the Project size and its location within an area that is currently served by utilities, the site can be adequately served by all required utilities and public services. Therefore, the proposed Project meets the criteria of CEQA Guidelines Section 15332(e).

5.1 EXCEPTIONS FOR EXEMPTIONS
In addition to investigating the applicability of CEQA Guidelines Section 15332 (Class 32), this CEQA document also assesses whether any of the exceptions to qualifying for the Class 32 categorical exemption for an Infill Project are present. The following analysis compares the criteria of CEQA Guidelines Section 15300.2 (Exceptions) to the Project.
a. Criterion 15300.2(a): Location: Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.

The Project does not qualify for an exemption under Classes 3, 4, 5, 6 or 11. The Project is located within an urban area, and as detailed previously, is not located within a sensitive environment. In addition, the Project would not result in any impacts on an environmental resource of hazardous or critical concern, as described throughout this Exemption Checklist document. Therefore, the exception under criterion 15300.2(a) is not applicable.
b. Criterion 15300.2(b): Cumulative Impact: All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 45
The proposed Project would create needed employment and light industrial uses within the City on an underutilized parcel of land that is planned for Limited Manufacturing District (M-1) uses. The proposed Project would redevelop a site that is disturbed, vacant, and undeveloped, and is adjacent to existing utility infrastructure, transportation infrastructure, and within public service areas. Any construction effects would be temporary, confined to the Project vicinity, and reduced to a less than significant level by implementing existing applicable regulatory requirements, such as SCAQMD Rules and RWQCB regulations that are implemented and verified through the City’s development permitting process. The Project would develop the site consistent with the City’s land use plan, which would implement the City’s General Plan and Zoning Code. Thus, the potential cumulative impacts of the Project have been previously evaluated in the City’s General Plan EIR (SCH # 2005121019). No additional potential cumulative impacts would result from the Project. Therefore, the exception under CEQA Guidelines Section 15300.2 (b) does not apply to the proposed Project. c. Criterion 15300.2(c): Significant Effects: A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

There are no known unusual circumstances that are applicable to the Project, and which may result in a significant effect on the environment. The proposed Project consists of the development of the site for light industrial uses within a developed area that is served by utilities and transportation. The Project site would be consistent with the City’s General Plan land use and the Zoning Code requirements. Implementation of the proposed Project in a manner consistent with existing City planning and zoning would not introduce a new activity to the area that could result in a significant effect on the environment. Therefore, the exception under CEQA Guidelines Section 15300.2(c) does not apply to the Project. d. Criterion 15300.2(d): Scenic Highways: A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.

The Project site is not located within a state scenic highway. However, Interstate 15 (I-15) is an Eligible State Scenic Highway and is located approximately 420 feet to the northeast of the Project site and is separated from the site by three roadways, two-story commercial/industrial buildings, landscaping, an embankment adjacent to the I-15, freeway facing billboard signs, and various powerlines and power poles. Due to the elevation difference between the site and the I-15 embankment, the angle of views from the freeway, and the intervening structures and landscaping, the potential views of the Project site from motorists on the I-15 is limited.

The proposed Project would develop the gravel covered, partially chain linked, undeveloped site with a onestory building that would be 20-feet 6-inches high. The proposed size and height of the building would blend into the existing views of the urban area and would not encroach into views related to I-15. The building would be consistent with the height of existing nearby buildings and the mature landscaping in the area. The existing buildings, billboard signs, fences, and other such structures located between the Project site and I-15 would screen views of the proposed Project. Thus, views from the I-15 of the Project site would not substantially change; and the proposed Project would not result in damage to scenic resources related to the Eligible State Scenic Highway.

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 46
In addition, the Project site is undeveloped and does not contain any historic-period structures. Similarly, the developed areas surrounding the Project site contain modern structures, manufacturing buildings, and industrial facilities that are not historic buildings. Therefore, the proposed Project would not cause damage to historic buildings within a state scenic highway. In addition, the Project site and surrounding areas are developed and do not contain rock outcroppings. Thus, scenic resources related to rock outcroppings would not occur from implementation of the Project. The trees that are located within and surrounding the Project site are non-native ornamental landscaping, which do not consist of significant scenic resources. The Project would install new drought tolerant low water use ornamental landscaping that would include groundcovers, shrubs, and trees that would be consistent with the City’s landscaping requirements. The Project would not damage scenic resources related to trees within a state scenic highway. As such, no impacts to scenic resources within a state scenic highway would occur from implementation of the proposed Project. Therefore, the exception under CEQA Guidelines Section 15300.2(d) does not apply to the Project. e. Criterion 15300.2(e): Hazardous Waste Sites: A categorical exemption shall not be used for a project located on a site which is included on any list complied pursuant to Section 65962.5 of the Government Code.

The Project site is a vacant undeveloped site that does not contain any identified hazardous waste. A review of the California Department of Toxic Substances Control EnviroStor database identifies that the Project site and adjacent areas do not contain hazardous waste sites and are not on any list complied pursuant to Section 65962.5 of the Government Code. Therefore, this exception is not applicable. f. Criterion 15300.2(f): Historical Resources: A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resources.

CEQA defines a historical resource as something that meets one or more of the following criteria: (1) listed in, or determined eligible for listing in, the California Register of Historical Resources; (2) listed in a local register of historical resources as defined in Public Resources Code (PRC) Section 5020.1(k); (3) identified as significant in a historical resource survey meeting the requirements of PRC Section 5024.1(g); or (4) determined to be a historical resource by a project’s Lead Agency (PRC Section 21084.1 and CEQA Guidelines Section 15064.5[a]).

The California Register defines a “historical resource” as a resource that meets one or more of the following criteria: (1) associated with events that have made a significant contribution to the broad patterns or local or regional history of the cultural heritage of California or the United States; (2) associated with the lives of persons important to local, California, or national history; (3) embodies the distinctive characteristics of a type, period, region, or method of construction or represents the work of a master or possesses high artistic values; or (4) has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation.

The Project site is a vacant undeveloped site that does not contain any structures or historic resources. The site is covered in gravel and comprised of sparse non-native vegetation. Two of the three sides of the site are bound by chain linked fencing. Thus, there are no historic or potentially historic resources on the Project site that could be impacted. The Project site is located adjacent to two roadways and a paved trail/bikeway that is followed by the Temescal Wash. Buildings beyond the adjacent roadways consist of light industrial buildings, modern commercial buildings, and undeveloped parcels; and buildings beyond the Temescal Wash consist of City Public Works uses and additional light industrial uses. Neither the site or the surrounding properties are Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 47
strongly associated with events that have made a significant contribution to the broad patterns of national or state history or with significant persons from the past. The site does not contain historic resources or yield information important to history of prehistory. As a result, the Project would not result in impacts to historic resources; and this exception under CEQA Guidelines Section 15300.2(e) does not apply to the Project.

Conclusion
On the basis of the evidence provided above, the Project is eligible for a Class 32 Categorical Exemption in accordance with Section 15332, Infill Development Projects, of the CEQA Guidelines. Because the proposed Project meets the criteria for categorically exempt infill development projects listed in CEQA Guidelines Section 15332 and it would not have a significant effect on the environment, this analysis finds that a Notice of Exemption may be prepared for the Project.

Fleming and Sons Concrete Yard Project Class 32 Exemption Checklist City of Lake Elsinore 48

6.0 REFERENCES
Air Quality & Greenhouse Gas Assessment, 2024. Prepared by Urban Crossroads. Appendix D CalTrans. California State Scenic Highway System Map.
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa City of Lake Elsinore General Plan. Accessed: https://www.lake-elsinore.org/465/Lake-Elsinore-General-Plan City of Lake Elsinore General Plan EIR (SCH Number 2005121019). Accessed: https://www.lakeelsinore.org/467/General-Plan---Certified-EIR City of Lake Elsinore Municipal Code. Accessed: https://www.lake-elsinore.org/252/Municipal-Code City of Lake Elsinore Existing Conditions Atlas Lake Elsinore General Plan Update, February 2024. Accessed:
https://www.lake-elsinore.org/DocumentCenter/View/3596/Lake-Elsinore-Existing-Conditions-Atlas---Final Department of Toxic Substances Control EnviroStor, July 2024. Accessed: https://www.envirostor.dtsc.ca.gov/ General Biological Assessment (GBA) and Western Riverside County MSHCP Consistency Analysis, prepared by Hernandez Environmental Services. Appendix A
Noise Impact Analysis, 2024. Prepared by Ganddini. Appendix C NETROnline. Historic Aerials (NETROnline 2022). Accessed: https://www.historicaerials.com/ VMT Screening Evaluation, 2024. Prepared by Urban Crossroads. Appendix B.

Fleming and Sons Concrete Yard Project Appendix A
City of Lake Elsinore Class 32 Exemption Checklist
Appendix A: General Biological Assessment and
Western Riverside County MSHCP Consistency
Analysis

GENERAL BIOLOGICAL ASSESSMENT
AND

WESTERN RIVERSIDE COUNTY MSHCP

CONSISTENCY ANALYSIS
FOR
TENTATIVE TRACT MAP (TTM) 33356

CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, CALIFORNIA
Prepared for:

Mr. Allen Fleming
AF Properties, LLC
P.O. Box 1854
Santa Ana, CA 92702
Prepared by:

Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, CA 92530
DECEMBER 2023
Page | 1 TTM 33356
General Biological Assessment
MSHCP Consistency Analysis
Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, CA 92530
Table of Contents
Table of Contents .......................................................................................................................... 1

1.0 Introduction.......................................................................................................................... 3

1.1 Project Site Location ....................................................................................................... 3

1.2 Project Description........................................................................................................... 3

2.0 Methodology........................................................................................................................ 3

2.1 Literature Review............................................................................................................. 3

2.1.1 Western Riverside County MSHCP.......................................................................... 3

2.1.2 Project Relationship to the Western Riverside County MSHCP .............................. 4

2.2 Field Survey ..................................................................................................................... 4

3.0 Existing Conditions and Results.......................................................................................... 5

3.1 Environmental Setting...................................................................................................... 5

3.2 Soils.................................................................................................................................. 5

3.3 Plant and Habitat Communities ....................................................................................... 5

3.4 Wildlife............................................................................................................................. 6

3.5 Regional Connectivity/Wildlife Movement ..................................................................... 6

3.6 Sensitive Biological Resources........................................................................................ 6

3.6.1 Sensitive Plant Resources......................................................................................... 6

3.6.2 Sensitive Animal Resources...................................................................................... 9

3.6.3 Nesting Birds .......................................................................................................... 13

3.7 Jurisdictional Waters ...................................................................................................... 13

4.0 Project Impacts................................................................................................................... 13

4.1 Impacts to Habitats......................................................................................................... 13

4.2 Impacts to Sensitive Species.......................................................................................... 13

4.3 Impacts to Nesting Birds................................................................................................ 13

4.4 Impacts to Critical Habitat ............................................................................................. 13

4.5 Impacts to Wildlife Movement Corridors ...................................................................... 13

4.6 Conflict with Local Policies or Ordinances Protecting Biological Resources............... 14

4.7 Conflict with the Provisions of an Adopted Habitat Conservation Plan, Natural Community Conservation Plan, or Other Approved Local, Regional, or State Habitat Conservation Plan ..................................................................................................................... 14

4.8 State and Federal Drainages........................................................................................... 14

5.0 Western Riverside County MSHCP Consistency Analysis................................................ 14

5.1 MSHCP Requirements................................................................................................... 14 Page | 2 TTM 33356
General Biological Assessment
MSHCP Consistency Analysis
Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, California 92530
Tel. 909.772.9009

6.0 Recommendations.............................................................................................................. 15

7.0 Certification ....................................................................................................................... 17

8.0 References......................................................................................................................... 18

FIGURES
Figure 1 – Location Map
Figure 2 – Vicinity Map
Figure 3 – Project Plans
Figure 4 – Habitat Map
Figure 5 – Impacts Map

APPENDICES
Appendix A – Species List
Appendix B – Species Probability List
Appendix C – Site Photographs
Appendix D – Soils Map
Page | 3 TTM 55356
General Biological Assessment
MSHCP Consistency Analysis
Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, California 92530
Tel. 909.772.9009

1.0 Introduction
HES was contracted to prepare a General Biological Assessment (GBA) and Western Riverside County MSHCP Consistency Analysis for Assessor’s Parcel Numbers (APNs) 377-232-006, 377- 232-007, and 377-232-009. The project site consists of approximately 1.65 acres located south of W Minthorn Street in the City of Lake Elsinore, County of Riverside, California.

1.1 Project Site Location
The project site consists of Riverside County Assessor’s Parcel Numbers (APNs) 377-232-006, 377-232-007, and 377-232-009. The 1.65-acre property is located southwest of the intersection of W Minthorn Street and N Riley Street in the City of Lake Elsinore, County of Riverside, California. Specifically, the project site is located within La Laguna (Stearns) land grant of the Elsinore United States Geological Survey (USGS) 7.5’ topographic quadrangle. The center point latitude and longitude for the project site are 33° 40' 39.7418” North, 117° 19' 37.8928” West (Figures 1 and 2, Location Map and Vicinity Map).

1.2 Project Description
The proposed project includes the construction of a new concrete pumping truck parking yard with a one-story 7,500 SF maintenance and administrative office building. The project also includes a site retaining wall along Temescal Wash, related parking lots, and storm drains (Figure 3, Project Plans). The project will result in impacts to the entire 1.65-acre site.

2.0 Methodology

2.1 Literature Review
HES conducted a literature review and reviewed aerial photographs and topographic maps of the project site and surrounding areas. A five-mile radius was used to identify sensitive species with the California Natural Diversity Data Base (CNDDB), the U.S. Fish and Wildlife Service (USFWS) Endangered Species Lists, and the California Native Plant Society (CNPS) rare plant lists to obtain species information for the project area. The CNDDB and USFWS critical habitat databases were utilized, together with Geographic Information System (GIS) software, to locate the previously recorded locations of sensitive plant and wildlife occurrences and designated critical habitat and determine the distance from the project site. Additionally, the Western Riverside County MSHCP was reviewed for information on known occurrences of sensitive species within Riverside County.

2.1.1 Western Riverside County MSHCP
The Western Riverside County MSHCP (Dudek and Associates 2003) is a comprehensive, multijurisdictional habitat conservation planning program for western Riverside County, California. The purpose of the Western Riverside County MSHCP is to preserve native habitats, Page | 4 TTM 33356
General Biological Assessment
MSHCP Consistency Analysis
Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, California 92530
Tel. 909.772.9009
and to this end, the plan focuses upon the habitat needs of multiple species rather than one species at a time. The Western Riverside County MSHCP provides coverage/take authorization for some species listed under the federal or state Endangered Species Act (ESA) as well as nonlisted special-status plant and wildlife species. It also provides mitigation for impacts to specialstatus species and their associated habitats.

Through agreements with the USFWS and California Department of Fish and Wildlife (CDFWG), 146 listed and special-status plant and animal species receive some level of coverage under the Western Riverside County MSHCP. Of the 146 covered species, the majority have no additional survey needs or conservation requirements. Furthermore, the Western Riverside County MSHCP provides mitigation for project-specific impacts to these species, thereby reducing the degree of impact to below a level of significance, pursuant to the California Environmental Quality Act (CEQA).

Several of the species covered under the Western Riverside County MSHCP have additional survey requirements. These include the riparian communities and associated species addressed in Section 6.1.2 of the Western Riverside County MSHCP document (“Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools”), plants identified in Section 6.1.3 (“Narrow Endemic Plant Species”); and plants and animal species addressed in Section 6.3.2 (“Additional Survey Needs and Procedures”).

2.1.2 Project Relationship to the Western Riverside County MSHCP The project area is located within the Western Riverside County MSHCP boundaries. The City of Lake Elsinore, acting as the lead agency for the proposed project, is a permittee under the Western Riverside County MSHCP and, therefore, is afforded coverage under the state or federal ESAs for impacts to listed species covered by the plan. The City is required to document consistency with the Western Riverside County MSHCP in conjunction with any discretionary approvals for the project. As such, this report was prepared to provide all necessary information required to determine project consistency with the Western Riverside County MSHCP.

The project site is located outside of a MSHCP Criteria Cell. The project site is not located within a Cell Group, or within plan-defined areas requiring surveys for criteria area species, narrow endemic species, burrowing owl (Athene cunicularia), amphibian species, or mammalian species. Additionally, the project area does not contain any habitat that would be considered riparian/riverine areas as defined in Section 6.1.2 of the Western Riverside MSHCP, and no vernal pools were observed within the project boundaries.

2.2 Field Survey
On October 27, 2023, HES conducted a field survey of the site. Ambient temperature at 12:00 P.M. was 69 degrees Fahrenheit, clear skies, with winds ranging from 0 to 2 miles per hour to the northeast. The purpose of the field survey was to document the existing habitat conditions, obtain Page | 5 TTM 33356
General Biological Assessment
MSHCP Consistency Analysis
Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, California 92530
Tel. 909.772.9009
plant and animal species information, view the surrounding land uses, assess the potential for state and federal waters, assess the potential for wildlife movement corridors, and assess the presence of constituent elements for critical habitat if present.

Linear transects spaced approximately 50 feet apart were walked across the project site for 100 percent coverage. All species observed were recorded. Global Positioning System (GPS) waypoints were taken to delineate specific habitat types, species locations, state or federal waters, and any other information that would be useful for the assessment of the project site. A comprehensive list of all plant and wildlife species that were detected during the field survey within the project site is included in Appendix A, Species List. Sensitive plant and wildlife species with the potential to occur within the project area are listed in Appendix B, Species Probability List. Representative site photographs were taken and are included within Appendix C, Site Photographs.

3.0 Existing Conditions and Results

3.1 Environmental Setting
The 1.65-acre project site is located adjacent to Temescal Wash, west of N Riley Street, and south of W Minthorn Street in the City of Lake Elsinore, County of Riverside, California. The site consists of commercial development to the north, Temescal Wash to the west, undeveloped land to the south, and the Interstate 15 Freeway to the north. The property is relatively flat with elevations ranging from 1,263 feet to 1,283 feet above mean sea level (AMSL).

3.2 Soils
Two soil classes are identified to occur on the project site by the USDA Web Soil Survey (Appendix D, Soils Map). Soils at the project site are classified as follows:
• Garretson gravelly very fine sandy loam (GdC), 2 to 8 percent slopes; and • Waukena loamy fine sand (Wa), saline-alkali.

The soils above are not classified as hydric soils.

3.3 Plant and Habitat Communities
The 1.65-acre project site consists of disturbed/developed habitat (Figure 4, Habitat Map).

Following is a description of this habitat type:

Disturbed/Developed
The project site contains approximately 1.65 acres of ruderal habitat. This area is covered in gravel and comprised of sparse non-native vegetation such as tree of heaven (Ailanthus altissima), shortpod mustard (Hirschfeldia incana), California buckwheat (Eriogonum Page | 6 TTM 33356
General Biological Assessment
MSHCP Consistency Analysis
Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, California 92530
Tel. 909.772.9009
fasciculatum), and saltcedar (Tamarix sp.). The property is open but has a chain link fence around portions of the border.

3.4 Wildlife
General wildlife species documented on the project site or within the vicinity of the site includes the common raven (Corvus corax), American crow (Corvus brachyrhynchos) and American bushtit (Psaltriparus minimus).

3.5 Regional Connectivity/Wildlife Movement
Wildlife movement corridors link together areas of suitable habitat that are otherwise separated by rugged terrain, changes in vegetation, or human disturbances. The project area was evaluated for its function as a wildlife corridor that species use to move between wildlife habitat zones.

Usually, mountain canyons or riparian corridors are used by wildlife as corridors.

The project area was evaluated for its function as a wildlife corridor that species use to move between wildlife habitat zones. The project site consists of flat, ruderal land surrounded by urban development, including disturbed land, commercial buildings, and Interstate 215. No wildlife movement corridors were found to be present on the project site.

3.6 Sensitive Biological Resources
According to the CNDDB, a total of 58 sensitive species of plants and 59 sensitive species of animals has the potential to occur on or within the vicinity of the project area. These include those species listed or candidates for listing by the U. S. Fish and Wildlife Service (USFWS), California Department of Fish and Wildlife (CDFW) and California Native Plant Society (CNPS). All habitats with the potential to be used by sensitive species were evaluated during the site visit and a determination has been made for the presence or probability of presence within this report. This section will address those species listed as Candidate, Rare, Threatened, or Endangered under the state and federal endangered species laws or directed to be evaluated under the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP). Sensitive species which have a potential to occur will also be discussed in this section. Other special status species are addressed within Appendix B, Species Probability List.

3.6.1 Sensitive Plant Resources
A total of nineteen plant species are listed as state and/or federal Threatened, Endangered, or Candidate species; are 1B.1 listed plants on the CNPS Rare Plan Inventory; or have been found to have a potential to exist on the project site. Below are descriptions of these species:

Chaparral sand-verbena
Page | 7 TTM 33356
General Biological Assessment
MSHCP Consistency Analysis
Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, California 92530
Tel. 909.772.9009
Chaparral sand-verbena (Abronia villosa var. aurita) is ranked 1B.1 in the CNPS Rare Plant Inventory. It is found in sandy areas of chaparral, coastal scrub, and desert dunes habitats. No habitat for this species is present on the project site. This species is not present.

Munz’s onion
Munz’s onion (Allium munzii) is a federally Endangered, state Threatened, and CNPS 1B.1 listed plant species. It is found in chaparral, coastal scrub, valley and foothill grasslands, cismontane woodland, and pinyon and juniper woodland. The project site does not have suitable habitat for this species. This species is not present.

San Diego ambrosia
San Diego ambrosia (Ambrosia pumila) is listed as federally Endangered and ranked 1B.1 in the CNPS Rare Plant Inventory. Its habitat includes wetlands in chaparral, coastal sage scrub, valley and foothill grassland. It is commonly found in sandy loam or clay soil and sometimes in alkaline soils. This species persists where disturbance has been superficial. It is also sometimes found on margins or near vernal pools. No habitat for this species is present on the project site.

This species is not present.

Rainbow manzanita
Rainbow Manzanita (Arctostaphylos rainbowensis) is ranked 1B.1 in the CNPS Rare Plant Inventory. It is usually found in gabbro chaparral habitat. No habitat for this species is present on the project site. This species is not present.

San Jacinto Valley crownscale
San Jacinto Valley crownscale (Atriplex coronata var. notatior) is a federally listed endangered species and is ranked 1B.1 in the CNPS Rare Plant Inventory. Its habitat includes playas, valley and foothill grassland, and vernal pools. It is commonly found in the alkaline areas in the San Jacinto River Valley. No habitat for this species is present on the project site. This species is not present.

Parish’s brittlescale
Parish’s brittlescale (Atriplex parishii) is ranked 1B.1 in the CNPS Rare Plant inventory. Its habitat includes shadescale scrub, alkali sink, riparian, playas, vernal pools and wetland. It is usually found on drying alkali flats with fine soils. No habitat for this species is present on the project site. This species is not present.

Thread-leaved brodiaea
The thread-leaved brodiaea (brodiaea filifolia) is a federally Threatened and state Endangered Species and is ranked 1B.1 in the CNPS Rare Plant Inventory. It is found in chaparral, Page | 8 TTM 33356
General Biological Assessment
MSHCP Consistency Analysis
Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, California 92530
Tel. 909.772.9009
cismontane woodlands, coastal sage scrub, valley and foothill grasslands, vernal pools and wetland. No habitat for this species is present on the project site. This species is not present.

Smooth tarplant
Smooth tarplant (Centromadia pungens ssp. laevis) is ranked 1B.1 in the CNPS Rare Plant Inventory. The species occurs in habitats that include alkali playa, chenopod scrub, meadows and seeps, riparian woodlands, wetlands, and valley and foothill grasslands. No habitat for this species is present on the project site. This species is not present.

Parry’s spineflower
Parry’s spineflower (Chorizanthe parryi var. parryi) is ranked 1B.1 in the CNPS Rare Plant Inventory. The species occurs in dry, sandy soils on dry slopes and flats, sometimes at the interface of two vegetations types, such as chaparral and oak woodland. Its habitat includes coastal scrub, chaparral, cismontane woodland, valley and foothill grassland. No habitat for this species is present on the project site. This species is not present.

Slender-horned spineflower
Slender - horned spineflower (Dodecahema leptoceras) is a federally and state listed Endangered Species and is ranked 1B.1 in the CNPS Rare Plant Inventory. Its habitat includes chaparral, cismontane woodland, and coastal scrub (alluvial fan sage scrub). No habitat for this species exists on the project site. This species is not present.

San Diego button-celery
San Diego button-celery (Eryngium aristulatum var. parishii) is a federally and state listed Endangered Species and is ranked 1B.1 in the CNPS Rare Plant Inventory. Its habitat includes coastal scrub, valley & foothill grasslands, vernal pools, and wetlands. No habitat for this species is present on the project site. This species is not present.

Campbell’s liverwort
Campbell’s liverwort (Geothallus tuberosus) is ranked 1B.1 in the CNPS Rare Plant Inventory.

Its habitat includes coastal scrub, and vernal pools. No habitat for this species is present on the project site. This species is not present.

Tecate cypress
Tecate cypress (Hesperocyparis forbesii) is ranked 1B.1 in the CNPS Rare Plant Inventory. It is found on clay or gabbro, primarily on north-facing slopes and in groves often associated with chaparral habitat. Its habitat includes closed-cone coniferous forest, and chaparral. No habitat for this species is present on the project site. This species is not present.

Mesa horkelia
Page | 9 TTM 33356
General Biological Assessment
MSHCP Consistency Analysis
Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, California 92530
Tel. 909.772.9009
Mesa horkelia (Horkelia cuneate var. puberula) is ranked 1B.1 in the CNPS Rare Plant Inventory. It is typically found in sandy or gravelly sites. Its habitat includes chaparral, cismontane woodland, and coastal scrub. No habitat for this species is present on the project site.

This species is not present.

Coulter’s goldfields
Coulter’s goldfields (Lasthenia glabrata ssp.coulteri) is ranked 1B.1 in the CNPS Rare Plant Inventory. This species is usually found on alkaline soils in playas, sinks, and grasslands and flowers during April through May. Its habitat includes alkali playas, marsh, swamp, salt marsh, vernal pool, and wetland. No habitat for this species is present on the project site. This species is not present.

Parish’s meadowfoam
Parish’s meadowfoam (Limnanthes alba ssp. parishii) is a state listed Endangered species. It is ranked 1B.2 in the CNPS Rare Plant Inventory. This species is typically found in vernally moist areas and temporary seeps of highland meadows and plateaus. They are also often found bordering lakes and streams. It is found in lower montane coniferous forest, meadows and seeps, wetland, and vernal pools. No habitat for this species exists on the project site. This species is not present.

Spreading navarretia
Spreading navarretia (Navarretia fossalis) is a federally listed Threatened Species and is ranked 1B.1 in the CNPS Rare Plant Inventory. Its habitat includes alkali playa, chenopod scrub, marsh and swamp, vernal pools, and wetlands. This species is typically found in swales and vernal pools, often surrounded by other habitat types. No habitat for this species is present on the project site. This species is not present.

California Orcutt grass
California Orcutt grass (Orcuttia californica) is a federally and state listed Endangered Species and is ranked 1B.1 in the CNPS Rare Plant Inventory. It is found in vernal pools. No habitat for this species is present on the project site. This species is not present.

Bottle liverwort
Bottle liverwort (Sphaerocarpos drewiae) is ranked 1B.1 in the CNPS Rare Plant Inventory. It is typically found in chaparral and coastal scrub in openings on soil. No habitat for this species is present on the project site. This species is not present.

3.6.2 Sensitive Animal Resources
A total of sixteen animal species listed as state and/or federal Threatened, Endangered, Candidate will be reviewed in this section. Sensitive species which have a potential to occur will also be Page | 10 TTM 33356
General Biological Assessment
MSHCP Consistency Analysis
Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, California 92530
Tel. 909.772.9009
discussed in this section. All sensitive species within a 5-mile radius of project area were reviewed and a complete list of those species are discussed within Appendix B, Species Probabilty List. Below are descriptions of these species:

Tricolored blackbird
Tricolored blackbird (Agelaius tricolor) is a state listed Threatened Species and listed by the CDFW as a Species of Special Concern. The species occupies freshwater marshes with canopies of willows and other riparian trees. This species requires open accessible water and suitable foraging space. There is no habitat for this species on the project site. This species is not present.

Arroyo Toad
Arroyo Toad (Anaxyrus californicus) is a federally listed Endangered Species and a CDFW Species of Special Concern. The most favorable breeding habitat for this species consists of slow-moving shallow pools, nearby sandbars, and adjacent stream terraces. There is no habitat for this species on the project site. The species is not present.

Crotch bumble bee
Crotch bumble bee (Bombus crotchii) is a state Candidate Endangered species. Its located in coastal California east to the Sierra-Cascade crest and south into Mexico. Its food plan genera include Antirrhinum, Phacelia, Clarkia, Dendromecon, Eschscholzia, and Eriogonum. There is no habitat for this species on the project site. This species is not present.

Burrowing owl
Burrowing owl (Athene cunicularia) is a CDFW Species of Special Concern. This species is found in coastal prairie, coastal scrub, great basin grassland, great basin scrub, Mojave Desert scrub, Sonoran Desert scrub, and valley and foothill grassland. This species is typically found in open and dry annual or perennial grasslands, deserts, and scrublands characterized by lowgrowing vegetation. It is a subterranean nester and is dependent upon burrowing mammals, most notably the California ground squirrel. No ground squirrel activity or burrows were observed onsite and the site was covered in gravel. The project site appears to be disturbed by weed abatement and grading. The project site does not contain suitable habitat for this species. This species is not present.

Vernal pool fairy shrimp
Vernal pool fairy shrimp (Branchinecta lynchi) is a federally listed Threatened Species. This species is found in seasonal pools of water in valley and foothill grasslands. This species typically inhabits small, clear-water sandstone-depression pools and grassed swale, earth slump, or basalt-flow depression pools. The project site does not contain suitable habitat for this species. This species is not present.

Page | 11 TTM 33356
General Biological Assessment
MSHCP Consistency Analysis
Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, California 92530
Tel. 909.772.9009
San Diego fairy shrimp
San Diego fairy shrimp (Branchinecta sandiegonensis) is a federally listed Endangered Species.

This species is found in chaparral, coastal scrub, vernal pool, and wetland habitats. There is no habitat for this species on the project site. The species is not present.

Swainson’s hawk
Swainson’s hawk (Buteo swainsoni) is a state listed Threatened Species. This species favors open grasslands for foraging but also occurs in agricultural settings. It relies on scattered stands of trees near agricultural fields and grasslands for nesting sites. Its habitats include great basin grassland, riparian forest, riparian woodland, and valley and foothill grassland. The project site does not contain suitable habitat for this species. This species is not present.

Western snowy plover
Western snowy plover (Charadrius alexandrinus nivosus) is federally listed Threatened species and a CDFW Species of Special Concern. It is found in great basin standing waters, sand shore, and wetland. This species needs sandy, gravelly, or friable soils for nesting. The project site does not contain suitable habitat for this species. This species is not present.

San Bernardino kangaroo rat
San Bernardino kangaroo rat (Dipodomys merriami parvus) is a federally listed Endangered Species, state listed Candidate Endangered Species, and a CDFW Species of Special Concern. It is found in coastal scrub habitat. This species is found in alluvial scrub vegetation on sandy loam substrates, characteristic of alluvial fans and flood plains. It needs early to intermediate seral stages. The project site does not contain suitable habitat for this species. This species is not present.

Stephen’s kangaroo rat
Stephens’ kangaroo rat (Dipodomys stephensi) is a federally listed Endangered and state listed Threatened Species. This species is found in coastal sage scrub with sparse vegetation cover, and in valley and foothill grasslands. This species prefers buckwheat, chamise, brome grass, and filaree and will burrow into firm soil. The project site does not have suitable habitat for this species. This species is not present.

Quino checkerspot butterfly
Quino checkerspot butterfly (Euphydryas editha quino) is a federally listed Endangered Species.

It is found in chaparral and coastal sage scrub. This species requires high densities of food plants, including Plantago erecta, P. insularis, and Orthocarpus purpurescens. The project site does not have suitable habitat for this species. This species is not present.

Page | 12 TTM 33356
General Biological Assessment
MSHCP Consistency Analysis
Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, California 92530
Tel. 909.772.9009
Bald eagle
Bald eagle (Haliaeetus leucocephalus) is a state listed Endangered and CDFW Fully Protected species. This species is found in lower montane coniferous forest and old growth. They nest in large old-growth or tress with open branches, especially ponderosa pine (Pinus ponderosa). The project site does not contain suitable habitat for this species. This species is not present.

Steelhead-southern California DPS
Steelhead-southern California DPS (Oncorhynchus mykiss irideus pop. 10) is a federally listed endangered species. This species is likely to have greater physiological tolerances to warmer water and more variable conditions. Its habitats include aquatic and south coast flowing waters.

The project site does not have suitable habitat for this species. This species is not present.

Coastal California gnatcatcher
Coastal California gnatcatcher (Polioptila californica californica) is a federally listed Threatened Species and CDFW Species of Special Concern. This species is found in coastal bluff scrub and coastal scrub habitat. This species is typically found in low, coastal sage scrub in arid washes, on mesas and slopes. The project site does not have suitable habitat for this species. This species is not present.

California red-legged frog
California red-legged frog (Rana draytonii) is a federally Threatened Species and a CDFW Species of Special Concern. It is found in a variety of aquatic habitats, flowing waters, and standing waters, and requires 11-20 weeks of permanent water for larval development. The project site does not contain suitable habitat for this species. This species is not present.

Riverside fairy shrimp
Riverside fairy shrimp (Streptocephalus woottoni) is a federally listed Endangered Species. This species is found in coastal scrub, valley and foothill grassland, vernal pool, and wetland habitat.

This species typically inhabits seasonally astatic pools filled by winter/spring rains. The project site does not contain suitable habitat for this species. This species is not present.

Least Bell’s vireo
Least Bell’s vireo (Vireo bellii pusillus) is a federal and state listed Endangered Species. This species is found in riparian forest, riparian scrub, and riparian woodland. Nesting habitat of this species is restricted to willow and/or mulefat dominated riparian scrub along permanent or nearly permanent streams. The project site does not contain suitable habitat for this species. This species is not present.

Page | 13 TTM 33356
General Biological Assessment
MSHCP Consistency Analysis
Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, California 92530
Tel. 909.772.9009

3.6.3 Nesting Birds
Migratory non-game native bird species are protected under the federal Migratory Bird Treaty Act. Additionally, Sections 3503, 3503.5, and 3513 of the California Fish and Game Code prohibit take of all birds and their active nests. The project site contains or is bordered by trees that can support nesting songbirds during the nesting bird season of February 1 through September 15.

3.7 Jurisdictional Waters
The project area does not contain any streams or drainages or riparian habitat. There are no CDFW, United States Army Corps of Engineers (USACE), or Regional Water Quality Control Board (RWQCB) jurisdictional waters within the project boundaries. Further, the project area does not contain any wetlands or vernal pools.

4.0 Project Impacts

4.1 Impacts to Habitats
The 1.65-acre project site contains disturbed/developed habitat. The construction of the pumping truck parking yard and associated development is expected to impact the entire 1.65 acres of disturbed/developed habitat on site (Figure 5, Impacts Map).

4.2 Impacts to Sensitive Species
No sensitive species were found to be present or have the potential to be present on site.

Therefore, future development of the site will not result in impacts to sensitive species.

4.3 Impacts to Nesting Birds
Potential impacts to nesting birds may occur if ground disturbing activities or vegetation removal occur during the bird nesting season. Implementation of the measures identified in the Recommendations section of this report will ensure that potential impacts to nesting birds are less than significant.

4.4 Impacts to Critical Habitat
The project is not located within designated federal critical habitat. No impact to critical habitat is expected to occur.

4.5 Impacts to Wildlife Movement Corridors
Wildlife movement corridors link together areas of suitable habitat that are otherwise separated by rugged terrain, changes in vegetation, or human disturbances. The project site was evaluated for its function as a wildlife corridor that species would use to move between wildlife habitat zones. Typically, mountain canyons or riparian corridors are used by wildlife as corridors; the Page | 14 TTM 33356
General Biological Assessment
MSHCP Consistency Analysis
Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, California 92530
Tel. 909.772.9009
project site does not contain these features. The project site consists of flat, ruderal land. No wildlife movement corridors were found to be present on the project site. No impacts to wildlife movement corridors are expected.

4.6 Conflict with Local Policies or Ordinances Protecting Biological Resources Should the proposed project result in the removal of trees, it will be required to comply with County of Riverside Ordinance No. 559.

4.7 Conflict with the Provisions of an Adopted Habitat Conservation Plan, Natural Community Conservation Plan, or Other Approved Local, Regional, or State Habitat Conservation Plan
The project is within the Western Riverside MSHCP. If Western Riverside MSHCP guidelines and requirements are followed, no conflicts are expected.

4.8 State and Federal Drainages
The project area does not contain any streams, drainages, or riparian habitat; therefore, no impacts to state or federal jurisdictional drainages will result from project implementation.

5.0 Western Riverside County MSHCP Consistency Analysis

5.1 MSHCP Requirements
The project site is located outside of a MSHCP Criteria Cell. The project site is not located within a Criteria Cell or Cell Group. A discussion of the applicable Western Riverside County MSHCP requirements follows:

Section 6.1.2 Species Associated with Riparian/Riverine Habitat and Vernal Pools The project site does not contain habitat that may be considered riparian/riverine areas as defined in Section 6.1.2 of the Western Riverside County MSHCP. Due to the lack of suitable riparian habitat on the project site, focused surveys for riparian/riverine bird species listed in Section 6.1.2 of the MSHCP are not warranted.

Vernal pools are seasonal depressional wetlands that occur under Mediterranean climate conditions of the west coast and in glaciated conditions of northeastern and midwestern states.

They are covered by shallow water for variable periods from winter to spring but may be completely dry most of the summer and fall. Vernal pools are usually associated with hard clay layers or bedrock, which helps keep water in the pools. Vernal pools and seasonal depressions are usually dominated by hydrophytic plants, hydric soils, and evidence of hydrology.

The entire project area was evaluated for habitat that is suitable for fairy shrimp. The project area does not contain any vernal pools or seasonal depressions that can hold water at a sufficient Page | 15 TTM 33356
General Biological Assessment
MSHCP Consistency Analysis
Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, California 92530
Tel. 909.772.9009
depth and duration so that a large branchiopod to complete its lifecycle. Further, the project area did not contain any anthropogenic features such as tire ruts, agriculture, and construction ditches, borrow pits, or cattle troughs that have the potential to hold water for a significant period of time.

The project site contains no habitat suitable for large branchiopods such as fairy shrimp.

Section 6.1.3 Sensitive Plant Species
The project site is not located within the Western Riverside County MSHCP Narrow Endemic Plant Species Survey Area (NEPSSA) pursuant to Section 6.1.3 of the MSHCP. Therefore, the NEPSSA requirements are not applicable to the project.

Section 6.1.4 Urban/Wildlands Interface Guidelines
The project site is not located within or adjacent to a Western Riverside County MSHCP Conservation Area; therefore, the project site is not required to address Section 6.1.4 of the Western Riverside County MSHCP.

Section 6.3.2 Additional Surveys and Procedures
The project site is not located within the Western Riverside County MSHCP Additional survey areas for amphibians, burrowing owls, mammals, or any special linkage areas. In addition, the project site is not located within the Western Riverside County MSHCP Criteria Area Plant Species Survey Area (CAPSSA) pursuant to Section 6.3.2 of the Western Riverside County MSHCP.

The habitat assessment found that the project site does not provide suitable burrows/nesting opportunities for burrowing owl. No suitable burrowing owl habitat or burrow surrogates such as cement culverts, or debris piles were found on site. No signs of ground squirrels were identified on the project site. The project site appears to be disturbed by weed abatement and grading. Due to disturbance and lack of ground squirrel activity on the site, the habitat assessment resulted in the finding that there is no suitable habitat for this species present on the project site.

6.0 Recommendations
Implementation of the following measures will mitigate any potential impacts resulting from project activities.

Nesting Birds
• It is recommended that vegetation removal be conducted during the non-nesting season for migratory birds to avoid direct impacts. The non-nesting season is between September 16 to January 31.

Page | 16 TTM 33356
General Biological Assessment
MSHCP Consistency Analysis
Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, California 92530
Tel. 909.772.9009
• If vegetation removal will occur during the migratory bird nesting season, between February 1 and September 15, it is recommended that pre-construction nesting bird surveys be performed within three days prior to vegetation removal. • If active nests are found during nesting bird surveys, they shall be flagged, and a 200-foot buffer shall be fenced around the nests.
• A biological monitor shall visit the site once a week during ground disturbing activities to ensure all fencing is in place and no sensitive species are being impacted.

Page | 17 TTM 33356
General Biological Assessment
MSHCP Consistency Analysis
Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, California 92530
Tel. 909.772.9009

7.0 Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this biological evaluation, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief.

Date 12-15-2023 Signed

PROJECT MANAGER
Fieldwork Performed By:

Elizabeth Gonzalez

SENIOR BIOLOGIST
Sarah Vasquez

ASSOCIATE BIOLOGIST
Page | 18 TTM 33356
General Biological Assessment
MSHCP Consistency Analysis
Hernandez Environmental Services
17037 Lakeshore Drive
Lake Elsinore, California 92530
Tel. 909.772.9009

8.0 References
Burt, W. H., 1986. A Field Guide to the Mammals in North American North of Mexico.

Houghton Mifflin Company, Boston,Massachusetts.

California Department of Fish and Wildlife (CDFW), Natural Diversity Database (CNDDB).

Accessed November 2023. California Department of Fish and Wildlife, Sacramento, California.

Garrett, K. and J. Dunn, 1981. Birds of Southern California. Los Angeles Audubon Society. The Artisan Press, Los Angeles, California.

Grenfell, W. E., M. D. Parisi, and D. McGriff, 2003. A Check-list of the Amphibians, Reptiles, Birds and Mammals of California. California Wildlife Habitat Relationship System, California Department of Fish and Game, Sacramento, California.

Grinnell, J., 1933. Review of the Recent Mammal Fauna of California. University of California Publications in Zoology, 40:71-234.

Hickman, J. C., ed. 1993. The Jepson Manual: Higher Plants of California. University of California Press.

Peterson, R. 1990. A Field Guide to Western Birds. Houghton Mifflin Company, Boston, MA.

Riverside County Integrated Project (RCIP) 2003 Final Multiple Species Habitat Conservation Plan (MSHCP). Riverside, CA.

U.S. Fish and Wildlife Service, 1998b. Endangered and Threatened Wildlife and Plants; Final Rule to List the San Bernardino Kangaroo Rat as Endangered, Vol. 63, No. 185, pp. 51005 – 51017.

U.S Fish and Wildlife Service, 2014. Endangered and Threatened Wildlife and Plants. https://www.fws.gov/endangered/species/us-species.html. Accessed November 2023.

Web Soil Survey. Available online at http://websoilsurvey.nrcs.usda.gov/. Accessed October 2023.

Western Riverside County Multiple Species Habitat Conservation Plan. Burrowing Owl Instructions for Western Riverside Multiple Species Habitat Conservation Plan.

Western Riverside County Multiple Species Habitat Conservation Plan. Section 6.0 MSHCP Implementing Structure.

FIGURE 1
Figure 1 Legend
Location Map N
TTM No. 33356
City of Lake Elsinore
Riverside County, California
Project Site

33.40397418, -117.19378928
FIGURE 2
Figure 2 Legend
Vicinity Map N
TTM No. 33356
City of Lake Elsinore
Riverside County, California
Project Site
Palm Avenue

33.40397418, -117.19378928
FIGURE 3

NO PARKING NO PARKING EV CAPABLE

EV CAPABLE

EV CAPABLE
EV CAPABLE AF PROPERTIES, LLC TRUCK YARD 1" = 40' T-1
SITE PLAN SHEET SCALE: DRAWN: EDIT DATE: PROJECT: PLOT DATE: K.Q. 951 201 1271
www.kimquonarchitect.com [email protected]
kim quon architect, llc
4614 lackey rd. nw, lakebay, wa 98349
LAKE ELSINORE, CA 92530 2213
P.O. BOX 1854
SANTA ANA, CA 05/17/23 05/17/23 Digitally signed by Dennis Kim Quon Date: 2023.05.17 10:41:35 Email: [email protected]

AF PROPERTIES, LLC

FLEMING & SONS
CONCRETE PUMPING, INC.

WEST MINTHORN ST / NORTH RILEY ST LAKE ELSINORE, CA 92530 1" = 40' SITE PLAN PROJECT DATA VICINITY MAP PROJECT DIRECTORY PROJECT DESCRIPTION: OCCUPANCY AND TYPE CLASSIFICATION: SHEET INDEX PROPERTY INFORMATION: APPLICABLE CODES BUILDING: USE PERMIT: FLEMING AND SONS CONCRETE PUMPING, INC. NORTH RILEY ST C/L WEST MINTHORN ST C/L TEMESCAL WASH / LAKE ELSINORE OUTFLOW CHANNEL FIGURE 4
Figure 4 Legend
Habitat Map
N
TTM No. 33356
City of Lake Elsinore
Riverside County, California
Project Site
Disturbed/ Developed (1.65 Acres)
FIGURE 5
Figure 5 Legend
Impacts Map
N
TTM No. 33356
City of Lake Elsinore
Riverside County, California
Project Site
Disturbed/ Developed (1.65 Acres)

APPENDIX A
Species List
Plant List
Ailanthus altissima Tree of heaven
Eriogonum fasciculatum California buckwheat
Hirschfeldia incana Shortpod mustard
Ricinus communis Castor bean
Tamarix sp. Saltcedar
Animal List
Buteo jamaicensis Red-tailed hawk
Corvus brachyrhynchos American crow
Corvus corax Common raven
Psaltriparus minimus American bushtit

APPENDIX B
Scientific
Name
Common
Name Taxon Group Federal List State List
Rare
Plant
Rank
Other Status Habitats General
Habitat Microhabitat Presence/
Absence
Abronia
villosa var.
aurita
chaparral
sand-verbena Dicots None None 1B.1
BLM_SSensitive |
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
USFS_SSensitive
Chaparral |
Coastal scrub
| Desert
dunes
Chaparral,
coastal scrub,
desert dunes.

Sandy areas. -
60-1570 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Allium
marvinii
Yucaipa
onion Monocots None None 1B.2
BLM_SSensitive |
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
USFS_SSensitive
Chaparral Chaparral.

In openings on
clay soils. 850-
1070 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Allium munzii Munz's onion Monocots Endangered Threatened 1B.1 SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden
Chaparral |
Cismontane
woodland |
Coastal scrub
| Pinon &
juniper
woodlands |
Valley &
foothill
grassland
Chaparral,
coastal scrub,
cismontane
woodland,
pinyon and
juniper
woodland,
valley and
foothill
grassland.

Heavy clay
soils; grows in
grasslands and
openings
within
shrublands or
woodlands.
375-1040 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Almutaster
pauciflorus
alkali marsh
aster
Dicots None None 2B.2
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden
Meadow &
seep
Meadow and
seeps.

Alkaline. 60-
765 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Ambrosia
pumila
San Diego
ambrosia Dicots Endangered None 1B.1
SB_CRES-San
Diego Zoo
CRES Native
Gene Seed
Bank
Chaparral |
Coastal scrub
| Valley &
foothill
grassland
Chaparral,
coastal scrub,
valley and
foothill
grassland.

Sandy loam or
clay soil;
sometimes
alkaline. In
valleys;
persists where
disturbance
has been
superficial.

Sometimes on
margins or
near vernal
pools. 3-580
m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Arctostaphylo
s
rainbowensis
Rainbow
manzanita Dicots None None 1B.1
BLM_SSensitive |
SB_CRES-San
Diego Zoo
CRES Native
Gene Seed
Bank |
USFS_SSensitive
Chaparral |
Ultramafic Chaparral.

Usually found
in gabbro
chaparral. 100-
870 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Atriplex
coronata var.
notatior
San Jacinto
Valley
crownscale
Dicots Endangered None 1B.1
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden
Alkali playa |
Valley &
foothill
grassland |
Vernal pool |
Wetland
Playas, valley
and foothill
grassland,
vernal pools.

Alkaline areas
in the San
Jacinto River
Valley. 35-460
m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Usually on
drying alkali
flats with fine
soils. 4-1420
m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Atriplex
serenana var.
davidsonii
Davidson's
saltscale Dicots None None 1B.2
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden
Coastal bluff
scrub |
Coastal scrub
Coastal bluff
scrub, coastal
scrub.

Alkaline soil. 0-
480 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Ayenia
compacta
California
ayenia Dicots None None 2B.3
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden
Desert wash
| Mojavean
desert scrub
| Sonoran
desert scrub
Mojavean
desert scrub,
Sonoran
desert scrub.

Sandy and
gravelly
washes in the
desert; dry
desert
canyons. 60-
1830 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Brodiaea
filifolia
threadleaved
brodiaea
Monocots Threatened Endangered 1B.1
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
SB_CRES-San
Diego Zoo
CRES Native
Gene Seed
Bank
Chaparral |
Cismontane
woodland |
Coastal scrub
| Valley &
foothill
grassland |
Vernal pool |
Wetland
Chaparral
(openings),
cismontane
woodland,
coastal scrub,
playas, valley
and foothill
grassland,
vernal pools.

Usually
associated
with annual
grassland and
vernal pools;
often
surrounded by
shrubland
habitats.

Occurs in
openings on
clay soils. 15-
1030 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Brodiaea
santarosae
Santa Rosa
Basalt
brodiaea
Monocots None None 1B.2 USFS_SSensitive
Valley &
foothill
grassland
Valley and
foothill
grassland.

Santa Rosa
Basalt. 585-
1045 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Calochortus
weedii var.
intermedius
intermediate
mariposa-lily Monocots None None 1B.2
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
USFS_SSensitive
Chaparral |
Coastal scrub
| Valley &
foothill
grassland
Coastal scrub,
chaparral,
valley and
foothill
grassland.

Dry, rocky
calcareous
slopes and
rock outcrops.
60-1575 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Canyon Live
Oak Ravine
Forest
Canyon Live
Oak Ravine
Forest
Riparian None None Riparian
forest
This is not
present.

Caulanthus
simulans
Payson's
jewelflower Dicots None None 4.2
SB_CRES-San
Diego Zoo
CRES Native
Gene Seed
Bank |
USFS_SSensitive
Chaparral |
Coastal scrub
Chaparral,
coastal scrub.

Frequently in
burned areas,
or in disturbed
sites such as
streambeds;
also on rocky,
steep slopes.

Sandy, granitic
soils. 90-2200
m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Centromadia
pungens ssp.
laevis
smooth
tarplant Dicots None None 1B.1
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden
Alkali playa |
Chenopod
scrub |
Meadow &
seep |
Riparian
woodland |
Valley &
foothill
grassland |
Wetland
Valley and
foothill
grassland,
chenopod
scrub,
meadows and
seeps, playas,
riparian
woodland.

Alkali
meadow,
alkali scrub;
also in
disturbed
places. 5-1170
m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Chorizanthe
parryi var.
parryi
Parry's
spineflower Dicots None None 1B.1
BLM_SSensitive |
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
USFS_SSensitive
Chaparral |
Cismontane
woodland |
Coastal scrub
| Valley &
foothill
grassland
Coastal scrub,
chaparral,
cismontane
woodland,
valley and
foothill
grassland.

Dry slopes and
flats;
sometimes at
interface of 2
vegetation
types, such as
chaparral and
oak woodland.

Dry, sandy
soils. 90-1220
m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Chorizanthe
polygonoides
var. longispina
long-spined
spineflower Dicots None None 1B.2
BLM_SSensitive |
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
SB_CRES-San
Diego Zoo
CRES Native
Gene Seed
Bank
Chaparral |
Coastal scrub
| Meadow &
seep |
Ultramafic |
Valley &
foothill
grassland |
Vernal pool
Chaparral,
coastal scrub,
meadows and
seeps, valley
and foothill
grassland,
vernal pools.

Gabbroic clay.
30-1630 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Clinopodium
chandleri
San Miguel
savory
Dicots None None 1B.2
BLM_SSensitive |
SB_CRES-San
Diego Zoo
CRES Native
Gene Seed
Bank |
USFS_SSensitive
Chaparral |
Cismontane
woodland |
Coastal scrub
| Riparian
woodland |
Ultramafic |
Valley &
foothill
grassland
Chaparral,
cismontane
woodland,
coastal scrub,
riparian
woodland,
valley and
foothill
grassland.

Rocky,
gabbroic or
metavolcanic
substrate. 120-
975 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Comarostaphy
lis diversifolia
ssp.
diversifolia
summer holly Dicots None None 1B.2
BLM_SSensitive |
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
SB_CRES-San
Diego Zoo
CRES Native
Gene Seed
Bank
Chaparral |
Cismontane
woodland
Chaparral,
cismontane
woodland.

Often in mixed
chaparral in
California,
sometimes
post-burn. 30-
855 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Dodecahema
leptoceras
slenderhorned
spineflower
Dicots Endangered Endangered 1B.1
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden
Chaparral |
Cismontane
woodland |
Coastal scrub
Chaparral,
cismontane
woodland,
coastal scrub
(alluvial fan
sage scrub).

Flood
deposited
terraces and
washes;
associates
include
Encelia, Dalea,
Lepidospartu
m, etc. Sandy
soils. 200-765
m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Dudleya
multicaulis
manystemmed
dudleya
Dicots None None 1B.2
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
USFS_SSensitive
Chaparral |
Coastal scrub
| Valley &
foothill
grassland
Chaparral,
coastal scrub,
valley and
foothill
grassland.

In heavy, often
clayey soils or
grassy slopes.
1-910 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Dudleya
viscida
sticky
dudleya Dicots None None 1B.2
BLM_SSensitive |
SB_CRES-San
Diego Zoo
CRES Native
Gene Seed
Bank |
USFS_SSensitive
Chaparral |
Cismontane
woodland |
Coastal bluff
scrub |
Coastal scrub
Coastal scrub,
coastal bluff
scrub,
chaparral,
cismontane
woodland.

On north and
south-facing
cliffs and
banks. 20-870
m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Eryngium
aristulatum
var. parishii
San Diego
button-celery Dicots Endangered Endangered 1B.1
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
SB_CRES-San
Diego Zoo
CRES Native
Gene Seed
Bank
Coastal scrub
| Valley &
foothill
grassland |
Vernal pool |
Wetland
Vernal pools,
coastal scrub,
valley and
foothill
grassland.

San Diego
mesa hardpan
and claypan
vernal pools
and southern
interior basalt
flow vernal
pools; usually
surrounded by
scrub. 15-880
m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Geothallus
tuberosus
Campbell's
liverwort Bryophytes None None 1B.1
IUCN_CRCritically
Endangered
Coastal scrub
| Vernal pool
| Wetland
Coastal scrub,
vernal pools.

Liverwort
known from
mesic soil. 60-
610 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Harpagonella
palmeri
Palmer's
grapplinghoo kDicots None None 4.2
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
SB_CRES-San
Diego Zoo
CRES Native
Gene Seed
Bank
Chaparral |
Coastal scrub
| Valley &
foothill
grassland
Chaparral,
coastal scrub,
valley and
foothill
grassland.

Clay soils;
open grassy
areas within
shrubland. 20-
955 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Hesperocypari
s forbesii
Tecate
cypress
Gymnosperms None None 1B.1
BLM_SSensitive |
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
SB_CRES-San
Diego Zoo
CRES Native
Gene Seed
Bank |
SB_UCSC-UC
Santa Cruz |
SB_USDA-US
Dept of
Agriculture |
USFS_SSensitive
Chaparral |
Closed-cone
coniferous
forest
Closed-cone
coniferous
forest,
chaparral.

Primarily on
north-facing
slopes; groves
often
associated
with
chaparral. On
clay or gabbro.
60-1650 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Horkelia
cuneata var.
puberula
mesa
horkelia Dicots None None 1B.1
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
USFS_SSensitive
Chaparral |
Cismontane
woodland |
Coastal scrub
Chaparral,
cismontane
woodland,
coastal scrub.

Sandy or
gravelly sites.
15-1645 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Vernal pools,
ephemeral
drainages, wet
meadow
habitats and
streamsides.
280-2035 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Usually found
on alkaline
soils in playas,
sinks, and
grasslands. 1-
1375 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Lepechinia
cardiophylla
heart-leaved
pitcher sage Dicots None None 1B.2
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
SB_CRES-San
Diego Zoo
CRES Native
Gene Seed
Bank |
USFS_SSensitive
Chaparral |
Cismontane
woodland |
Closed-cone
coniferous
forest
Closed-cone
coniferous
forest,
chaparral,
cismontane
woodland.
115-1345 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Lepidium
virginicum
var. robinsonii
Robinson's
pepper-grass
Dicots None None 4.3 Chaparral |
Coastal scrub
Chaparral,
coastal scrub.

Dry soils,
shrubland. 4-
1435 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Lilium parryi lemon lily Monocots None None 1B.2
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
SB_CRES-San
Diego Zoo
CRES Native
Gene Seed
Bank |
USFS_SSensitive
Lower
montane
coniferous
forest |
Meadow &
seep |
Riparian
forest |
Upper
montane
coniferous
forest |
Wetland
Lower
montane
coniferous
forest,
meadows and
seeps,
riparian
forest, upper
montane
coniferous
forest.

Wet,
mountainous
terrain;
generally in
forested
areas; on
shady edges of
streams, in
open boggy
meadows and
seeps. 625-
2930 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Limnanthes
alba ssp.
parishii
Parish's
meadowfoa mDicots None Endangered 1B.2
BLM_SSensitive |
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
SB_USDA-US
Dept of
Agriculture |
USFS_SSensitive
Lower
montane
coniferous
forest |
Meadow &
seep | Vernal
pool |
Wetland
Lower
montane
coniferous
forest,
meadows and
seeps, vernal
pools.

Vernally moist
areas and
temporary
seeps of
highland
meadows and
plateaus;
often
bordering
lakes and
streams. 605-
1805 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Monardella
hypoleuca
ssp.
intermedia
intermediate
monardella Dicots None None 1B.3
Chaparral |
Cismontane
woodland |
Lower
montane
coniferous
forest
Chaparral,
cismontane
woodland,
lower
montane
coniferous
forest
(sometimes).

Often in steep,
brushy areas.
195-1675 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Monardella
macrantha
ssp. hallii
Hall's
monardella Dicots None None 1B.3
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
USFS_SSensitive
Broadleaved
upland forest
| Chaparral |
Cismontane
woodland |
Lower
montane
coniferous
forest |
Valley &
foothill
grassland
Broadleafed
upland forest,
chaparral,
lower
montane
coniferous
forest,
cismontane
woodland,
valley and
foothill
grassland.

Dry slopes and
ridges in
openings. 700-
1800 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Myosurus
minimus ssp.
apus
little
mousetail Dicots None None 3.1
SB_CRES-San
Diego Zoo
CRES Native
Gene Seed
Bank
Valley &
foothill
grassland |
Vernal pool |
Wetland
Vernal pools,
valley and
foothill
grassland.

Alkaline soils.
20-640 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Navarretia
fossalis
spreading
navarretia Dicots Threatened None 1B.1
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
SB_CRES-San
Diego Zoo
CRES Native
Gene Seed
Bank
Alkali playa |
Chenopod
scrub |
Marsh &
swamp |
Vernal pool |
Wetland
Vernal pools,
chenopod
scrub,
marshes and
swamps,
playas.

San Diego
hardpan and
San Diego
claypan vernal
pools; in
swales and
vernal pools,
often
surrouded by
other habitat
types. 15-850
m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Navarretia
prostrata
prostrate
vernal pool
navarretia
Dicots None None 1B.2
Coastal scrub
| Meadow &
seep | Valley
& foothill
grassland |
Vernal pool |
Wetland
Coastal scrub,
valley and
foothill
grassland,
vernal pools,
meadows and
seeps.

Alkaline soils
in grassland,
or in vernal
pools. Mesic,
alkaline sites.
3-1235 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Nolina
cismontana
chaparral
nolina Monocots None None 1B.2
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
SB_SBBGSanta
Barbara
Botanic
Garden |
USFS_SSensitive
Chaparral |
Coastal scrub
| Ultramafic
Chaparral,
coastal scrub.

Primarily on
sandstone and
shale
substrates;
also known
from gabbro.
140-1100 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Orcuttia
californica
California
Orcutt grass
Monocots Endangered Endangered 1B.1
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
SB_CRES-San
Diego Zoo
CRES Native
Gene Seed
Bank
Vernal pool |
Wetland Vernal pools. 10-660 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Pseudognaph
alium
leucocephalu
m
white rabbittobacco Dicots None None 2B.2
Chaparral |
Cismontane
woodland |
Coastal scrub
| Riparian
woodland
Riparian
woodland,
cismontane
woodland,
coastal scrub,
chaparral.

Sandy, gravelly
sites. 35-515
m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Scutellaria
bolanderi ssp.
austromontan a
southern
mountains
skullcap
Dicots None None 1B.2
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
USFS_SSensitive
Chaparral |
Cismontane
woodland |
Lower
montane
coniferous
forest
Chaparral,
cismontane
woodland,
lower
montane
coniferous
forest.

In gravelly
soils on
streambanks
or in mesic
sites in oak or
pine
woodland. 425-
2000 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Sibaropsis
hammittii
Hammitt's
clay-cress Dicots None None 1B.2
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
USFS_SSensitive
Chaparral |
Valley &
foothill
grassland
Valley and
foothill
grassland,
chaparral.

Mesic
microsites in
open areas on
clay soils in
Stipa
grassland.

Often
surrounded by
Adenostoma
chaparral. 715-
1040 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Southern
Coast Live Oak
Riparian
Forest
Southern
Coast Live
Oak Riparian
Forest
Riparian None None Riparian
forest
This is not
present.

Southern
Cottonwood
Willow
Riparian
Forest
Southern
Cottonwood
Willow
Riparian
Forest
Riparian None None Riparian
forest
This is not
present.

Southern
Interior Basalt
Flow Vernal
Pool
Southern
Interior
Basalt Flow
Vernal Pool
Herbaceous None None Vernal pool |
Wetland
This is not
present.

Southern
Riparian
Forest
Southern
Riparian
Forest
Riparian None None Riparian
forest
This is not
present.

Southern
Sycamore
Alder Riparian
Woodland
Southern
Sycamore
Alder
Riparian
Woodland
Riparian None None Riparian
woodland
This is not
present.

Southern
Willow Scrub
Southern
Willow Scrub Riparian None None Riparian scrub
This is not
present.

Sphaerocarpo
s drewiae
bottle
liverwort Bryophytes None None 1B.1 IUCN_ENEndangered
Chaparral |
Coastal scrub
Chaparral,
coastal scrub.

Liverwort in
openings; on
soil. 60-585 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Symphyotrich
um
defoliatum
San
Bernardino
aster
Dicots None None 1B.2
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
SB_CRES-San
Diego Zoo
CRES Native
Gene Seed
Bank |
USFS_SSensitive
Cismontane
woodland |
Coastal scrub
| Lower
montane
coniferous
forest |
Marsh &
swamp |
Meadow &
seep | Valley
& foothill
grassland
Meadows
and seeps,
cismontane
woodland,
coastal scrub,
lower
montane
coniferous
forest,
marshes and
swamps,
valley and
foothill
grassland.

Vernally mesic
grassland or
near ditches,
streams and
springs;
disturbed
areas. 3-2045
m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Tetracoccus
dioicus
Parry's
tetracoccus
Dicots None None 1B.2
BLM_SSensitive |
SB_CalBG/RS
ABGCalifornia/Ra
ncho Santa
Ana Botanic
Garden |
SB_CRES-San
Diego Zoo
CRES Native
Gene Seed
Bank |
USFS_SSensitive
Chaparral |
Coastal scrub
| Ultramafic
Chaparral,
coastal scrub.

Stony,
decomposed
gabbro soil.
135-705 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Texosporium
sancti-jacobi
wovenspored lichen Lichens None None 3 Chaparral Chaparral.

Open sites; in
California with
Adenostoma
fasciculatum,
Eriogonum,
Selaginella.

Found on soil,
small mammal
pellets, dead
twigs, and on
Selaginella. 60-
870 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Tortula
californica
California
screw moss
Bryophytes None None 1B.2 BLM_SSensitive
Chenopod
scrub |
Valley &
foothill
grassland
Chenopod
scrub, valley
and foothill
grassland.

Moss growing
on sandy soil.
45-750 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Trichocoronis
wrightii var.
wrightii
Wright's
trichocoronis Dicots None None 2B.1
Marsh &
swamp |
Meadow &
seep |
Riparian
forest |
Vernal pool |
Wetland
Marshes and
swamps,
riparian
forest,
meadows and
seeps, vernal
pools.

Mud flats of
vernal lakes,
drying river
beds, alkali
meadows. 5-
435 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Valley
Needlegrass
Grassland
Valley
Needlegrass
Grassland
Herbaceous None None
Valley &
foothill
grassland
This is not
present.

Viguiera
purisimae
La Purisima
viguiera Dicots None None 2B.3
Chaparral |
Coastal bluff
scrub
Coastal bluff
scrub,
chaparral.

Dry, rocky
places in open
shrubland. 365-
425 m.

There is
no
suitable
habitat on
site. This
species is
not
present.

Scientific
Name
Common
Name Taxon Group Federal List State List Other Status Habitats General Habitat Microhabitat Presence/ Absence
Accipiter
cooperii
Cooper's
hawk Birds None None
CDFW_WLWatch List |
IUCN_LCLeast
Concern
Cismontane
woodland |
Riparian forest |
Riparian
woodland |
Upper montane
coniferous
forest
Woodland,
chiefly of
open,
interrupted or
marginal type.

Nest sites
mainly in
riparian
growths of
deciduous
trees, as in
canyon
bottoms on
river floodplains; also,
live oaks.

There is
no
suitable
habitat on
site. This
species is
not
present.

Largely
endemic to
California.

Requires open
water,
protected
nesting
substrate, and
foraging area
with insect
prey within a
few km of the
colony.

There is
no
suitable
habitat on
site. This
species is
not
present.

Aimophila
ruficeps
canescens
southern
California
rufouscrowned
sparrow
Birds None None CDFW_WLWatch List
Chaparral |
Coastal scrub
Resident in
Southern
California
coastal sage
scrub and
sparse mixed
chaparral.

Frequents
relatively
steep, often
rocky hillsides
with grass and
forb patches.

There is
no
suitable
habitat on
site. This
species is
not
present.

Anaxyrus
californicus arroyo toad Amphibians Endangered None
CDFW_SSCSpecies of
Special
Concern |
IUCN_ENEndangered
Desert wash |
Riparian scrub |
Riparian
woodland |
South coast
flowing waters |
South coast
standing waters
Semi-arid
regions near
washes or
intermittent
streams,
including
valley-foothill
and desert
riparian,
desert wash,
etc.

Rivers with
sandy banks,
willows,
cottonwoods,
and
sycamores;
loose, gravelly
areas of
streams in
drier parts of
range.

There is
no
suitable
habitat on
site. This
species is
not
present.

Anniella
stebbinsi
Southern
California
legless lizard
Reptiles None None
CDFW_SSCSpecies of
Special
Concern |
USFS_SSensitive
Broadleaved
upland forest |
Chaparral |
Coastal dunes |
Coastal scrub
Generally
south of the
Transverse
Range,
extending to
northwestern
Baja California.

Occurs in
sandy or loose
loamy soils
under sparse
vegetation.

Disjunct
populations in
the Tehachapi
and Piute
Mountains in
Kern County.

Variety of
habitats;
generally in
moist, loose
soil. They
prefer soils
with a high
moisture
content.

There is
no
suitable
habitat on
site. This
species is
not
present.

Cliff-walled
canyons
provide nesting
habitat in most
parts of range;
also, large
trees in open
areas.

There is
no
suitable
habitat on
site. This
species is
not
present.

Arizona
elegans
occidentalis
California
glossy snake Reptiles None None
CDFW_SSCSpecies of
Special
Concern
Patchily
distributed
from the
eastern
portion of San
Francisco Bay,
southern San
Joaquin Valley,
and the Coast,
Transverse,
and Peninsular
ranges, south
to Baja
California.

Generalist
reported from
a range of
scrub and
grassland
habitats, often
with loose or
sandy soils.

There is
no
suitable
habitat on
site. This
species is
not
present.

Artemisiospiz
a belli belli Bell's sparrow Birds None None CDFW_WLWatch List Chaparral |
Coastal scrub
Nests in
chaparral
dominated by
fairly dense
stands of
chamise.

Found in
coastal sage
scrub in south
of range.

Nest located
on the ground
beneath a
shrub or in a
shrub 6-18
inches above
ground.

Territories
about 50 yds
apart.

There is
no
suitable
habitat on
site. This
species is
not
present.

Asio otus long-eared
owl Birds None None
CDFW_SSCSpecies of
Special
Concern |
IUCN_LCLeast
Concern |
USFWS_BCCBirds of
Conservatio
n Concern
Cismontane
woodland |
Great Basin
scrub | Riparian
forest | Riparian
woodland |
Upper montane
coniferous
forest
Riparian
bottomlands
grown to tall
willows and
cottonwoods;
also, belts of
live oak
paralleling
stream
courses.

Require
adjacent open
land,
productive of
mice and the
presence of old
nests of crows,
hawks, or
magpies for
breeding.

There is
no
suitable
habitat on
site. This
species is
not
present.

Aspidoscelis
hyperythra
orangethroated
whiptail
Reptiles None None
CDFW_WLWatch List |
IUCN_LCLeast
Concern |
USFS_SSensitive
Chaparral |
Cismontane
woodland |
Coastal scrub
Inhabits lowelevation
coastal scrub,
chaparral, and
valley-foothill
hardwood
habitats.

Prefers washes
and other
sandy areas
with patches of
brush and
rocks.

Perennial
plants
necessary for
its major food:
termites.

There is
no
suitable
habitat on
site. This
species is
not
present.

Aspidoscelis
tigris
stejnegeri
coastal
whiptail Reptiles None None
CDFW_SSCSpecies of
Special
Concern
Found in
deserts and
semi-arid
areas with
sparse
vegetation
and open
areas. Also
found in
woodland and
riparian areas.

Ground may be
firm soil,
sandy, or
rocky.

There is
no
suitable
habitat on
site. This
species is
not
present.

Subterranean
nester,
dependent
upon
burrowing
mammals,
most notably,
the California
ground
squirrel.

There is
no
suitable
habitat on
site. This
species is
not
present.

Bombus
crotchii
Crotch
bumble bee Insects None
Candidate
Endangered
IUCN_ENEndangered
Coastal
California east
to the SierraCascade crest
and south into
Mexico.

Food plant
genera include
Antirrhinum,
Phacelia,
Clarkia,
Dendromecon,
Eschscholzia,
and
Eriogonum.

There is
no
suitable
habitat on
site. This
species is
not
present.

Bombus
pensylvanicu s
American
bumble bee Insects None None IUCN_VUVulnerable
Coastal prairie |
Great Basin
grassland |
Valley & foothill
grassland
Long-tongued;
forages on a
wide variety of
flowers
including
vetches (Vicia),
clovers
(Trifolium),
thistles
(Cirsium),
sunflowers
(Helianthus),
etc. Nests
above ground
under long
grass or
underground.

Queens
overwinter in
rotten wood or
underground.

There is
no
suitable
habitat on
site. This
species is
not
present.

Branchinecta
lynchi
vernal pool
fairy shrimp Crustaceans Threatened None IUCN_VUVulnerable Valley & foothill
grassland |
Vernal pool |
Wetland
Endemic to
the grasslands
of the Central
Valley, Central
Coast
mountains,
and South
Coast
mountains, in
astatic rainfilled pools.

Inhabit small,
clear-water
sandstonedepression
pools and
grassed swale,
earth slump, or
basalt-flow
depression
pools.

There is
no
suitable
habitat on
site. This
species is
not
present.

Branchinecta
sandiegonen
sis
San Diego
fairy shrimp Crustaceans Endangered None IUCN_ENEndangered Chaparral |
Coastal scrub |
Vernal pool |
Wetland
Endemic to
San Diego and
Orange
County mesas.

Vernal pools.

There is
no
suitable
habitat on
site. This
species is
not
present.

Buteo regalis ferruginous
hawk Birds None None
CDFW_WLWatch List |
IUCN_LCLeast
Concern
Great Basin
grassland |
Great Basin
scrub | Pinon &
juniper
woodlands |
Valley & foothill
grassland
Open
grasslands,
sagebrush
flats, desert
scrub, low
foothills and
fringes of
pinyon and
juniper
habitats.

Eats mostly
lagomorphs,
ground
squirrels, and
mice.

Population
trends may
follow
lagomorph
population
cycles.

There is
no
suitable
habitat on
site. This
species is
not
present.

Buteo
swainsoni
Swainson's
hawk Birds None Threatened
BLM_SSensitive |
IUCN_LCLeast
Concern
Great Basin
grassland |
Riparian forest |
Riparian
woodland |
Valley & foothill
grassland
Breeds in
grasslands
with scattered
trees, junipersage flats,
riparian areas,
savannahs,
and
agricultural or
ranch lands
with groves or
lines of trees.

Requires
adjacent
suitable
foraging areas
such as
grasslands, or
alfalfa or grain
fields
supporting
rodent
populations.

There is
no
suitable
habitat on
site. This
species is
not
present.

Chaetodipus
californicus
femoralis
Dulzura
pocket mouse Mammals None None
Chaparral |
Coastal scrub |
Valley & foothill
grassland
Variety of
habitats
including
coastal scrub,
chaparral, and
grassland
primarily in
San Diego
County.

Attracted to
grass-chaparral
edges.

There is
no
suitable
habitat on
site. This
species is
not
present.

Chaetodipus
fallax fallax
northwestern
San Diego
pocket mouse
Mammals None None Chaparral |
Coastal scrub
Coastal scrub,
chaparral,
grasslands,
sagebrush,
etc. in western
San Diego,
Riverside, San
Bernardino,
and Los
Angeles
Counties,
inclusive of
Orange
County.

Sandy,
herbaceous
areas, usually
in association
with rocks or
coarse gravel.

There is
no
suitable
habitat on
site. This
species is
not
present.

Charadrius
nivosus
nivosus
western
snowy plover Birds Threatened None
CDFW_SSCSpecies of
Special
Concern
Great Basin
standing waters
| Sand shore |
Wetland
Sandy
beaches, salt
pond levees
and shores of
large alkali
lakes.

Needs sandy,
gravelly or
friable soils for
nesting.

There is
no
suitable
habitat on
site. This
species is
not
present.

Cicindela
senilis frosti
senile tiger
beetle Insects None None Mud shore/flats
| Wetland
Inhabits
marine
shoreline,
from Central
California
coast south to
salt marshes
of San Diego.

Also found at
Lake Elsinore.

Inhabits darkcolored mud in
the lower zone
and dried salt
pans in the
upper zone.

There is
no
suitable
habitat on
site. This
species is
not
present.

Coturnicops
noveboracen
sis
yellow rail Birds None None
CDFW_SSCSpecies of
Special
Concern |
IUCN_LCLeast
Concern |
USFS_SSensitive |
USFWS_BCCBirds of
Conservatio
n Concern
Freshwater
marsh |
Meadow & seep
Summer
resident in
eastern Sierra
Nevada in
Mono County.

Freshwater
marshlands.

There is
no
suitable
habitat on
site. This
species is
not
present.

Crotalus
ruber
red-diamond
rattlesnake Reptiles None None
CDFW_SSCSpecies of
Special
Concern |
IUCN_LCLeast
Concern |
USFS_SSensitive
Chaparral |
Mojavean
desert scrub |
Sonoran desert
scrub
Chaparral,
woodland,
grassland, and
desert areas
from coastal
San Diego
County to the
eastern slopes
of the
mountains.

Occurs in rocky
areas and
dense
vegetation.

Needs rodent
burrows,
cracks in rocks
or surface
cover objects.

There is
no
suitable
habitat on
site. This
species is
not
present.

Diadophis
punctatus
modestus
San
Bernardino
ringneck
snake
Reptiles None None USFS_SSensitive
Most common
in open,
relatively
rocky areas.

Often in
somewhat
moist
microhabitats
near
intermittent
streams.

Avoids moving
through open
or barren areas
by restricting
movements to
areas of
surface litter or
herbaceous
veg.

There is
no
suitable
habitat on
site. This
species is
not
present.

Dipodomys
merriami
parvus
San
Bernardino
kangaroo rat
Mammals Endangered Candidate
Endangered
CDFW_SSCSpecies of
Special
Concern
Coastal scrub
Alluvial scrub
vegetation on
sandy loam
substrates
characteristic
of alluvial fans
and flood
plains.

Needs early to
intermediate
seral stages.

There is
no
suitable
habitat on
site. This
species is
not
present.

Dipodomys
stephensi
Stephens'
kangaroo rat Mammals Threatened Threatened IUCN_VUVulnerable Coastal scrub |
Valley & foothill
grassland
Primarily
annual and
perennial
grasslands, but
also occurs in
coastal scrub
and sagebrush
with sparse
canopy cover.

Prefers
buckwheat,
chamise,
brome grass
and filaree.

Will burrow
into firm soil.

There is
no
suitable
habitat on
site. This
species is
not
present.

Elanus
leucurus
white-tailed
kite Birds None None
BLM_SSensitive |
CDFW_FPFully
Protected |
IUCN_LCLeast
Concern
Cismontane
woodland |
Marsh & swamp
| Riparian
woodland |
Valley & foothill
grassland |
Wetland
Rolling
foothills and
valley margins
with scattered
oaks and river
bottomlands
or marshes
next to
deciduous
woodland.

Open
grasslands,
meadows, or
marshes for
foraging close
to isolated,
dense-topped
trees for
nesting and
perching.

There is
no
suitable
habitat on
site. This
species is
not
present.

Needs basking
sites and
suitable (sandy
banks or grassy
open fields)
upland habitat
up to 0.5 km
from water for
egg-laying.

There is
no
suitable
habitat on
site. This
species is
not
present.

Eremophila
alpestris
actia
California
horned lark Birds None None
CDFW_WLWatch List |
IUCN_LCLeast
Concern
Marine
intertidal &
splash zone
communities |
Meadow & seep
Coastal
regions,
chiefly from
Sonoma
County to San
Diego County.

Also main part
of San Joaquin
Valley and
east to
foothills.

Short-grass
prairie, "bald"
hills, mountain
meadows,
open coastal
plains, fallow
grain fields,
alkali flats.

There is
no
suitable
habitat on
site. This
species is
not
present.

Eumops
perotis
californicus
western
mastiff bat Mammals None None
BLM_SSensitive |
CDFW_SSCSpecies of
Special
Concern
Chaparral |
Cismontane
woodland |
Coastal scrub |
Valley & foothill
grassland
Many open,
semi-arid to
arid habitats,
including
conifer and
deciduous
woodlands,
coastal scrub,
grasslands,
chaparral, etc.

Roosts in
crevices in cliff
faces, high
buildings, trees
and tunnels.

There is
no
suitable
habitat on
site. This
species is
not
present.

Euphydryas
editha quino
quino
checkerspot
butterfly
Insects Endangered None Chaparral |
Coastal scrub
Sunny
openings
within
chaparral and
coastal sage
shrublands in
parts of
Riverside and
San Diego
counties.

Hills and mesas
near the coast.

Need high
densities of
food plants
Plantago
erecta, P.
insularis, and
Orthocarpus
purpurescens.

There is
no
suitable
habitat on
site. This
species is
not
present.

Gila orcuttii arroyo chub Fish None None
AFS_VUVulnerable |
CDFW_SSCSpecies of
Special
Concern |
IUCN_VUVulnerable |
USFS_SSensitive
Aquatic | South
coast flowing
waters
Native to
streams from
Malibu Creek
to San Luis Rey
River basin.

Introduced
into streams in
Santa Clara,
Ventura, Santa
Ynez, Mojave
and San Diego
river basins.

Slow water
stream
sections with
mud or sand
bottoms. Feeds
heavily on
aquatic
vegetation and
associated
invertebrates.

There is
no
suitable
habitat on
site. This
species is
not
present.

Haliaeetus
leucocephalu sbald eagle Birds Delisted Endangered
BLM_SSensitive |
CDF_SSensitive |
CDFW_FPFully
Protected |
IUCN_LCLeast
Concern |
USFS_SSensitive
Lower montane
coniferous
forest |
Oldgrowth
Ocean shore,
lake margins,
and rivers for
both nesting
and wintering.

Most nests
within 1 mile
of water.

Nests in large,
old-growth, or
dominant live
tree with open
branches,
especially
ponderosa
pine. Roosts
communally in
winter.

There is
no
suitable
habitat on
site. This
species is
not
present.

Icteria virens yellowbreasted chat Birds None None
CDFW_SSCSpecies of
Special
Concern |
IUCN_LCLeast
Concern
Riparian forest |
Riparian scrub |
Riparian
woodland
Summer
resident;
inhabits
riparian
thickets of
willow and
other brushy
tangles near
watercourses.

Nests in low,
dense riparian,
consisting of
willow,
blackberry,
wild grape;
forages and
nests within 10
ft of ground.

There is
no
suitable
habitat on
site. This
species is
not
present.

Lanius
ludovicianus
loggerhead
shrike Birds None None
CDFW_SSCSpecies of
Special
Concern |
IUCN_NTNear
Threatened
Broadleaved
upland forest |
Desert wash |
Joshua tree
woodland |
Mojavean
desert scrub |
Pinon & juniper
woodlands |
Riparian
woodland |
Sonoran desert
scrub
Broken
woodlands,
savannah,
pinyonjuniper,
Joshua tree,
and riparian
woodlands,
desert oases,
scrub and
washes.

Prefers open
country for
hunting, with
perches for
scanning, and
fairly dense
shrubs and
brush for
nesting.

There is
no
suitable
habitat on
site. This
species is
not
present.

Lasiurus
xanthinus
western
yellow bat Mammals None None
CDFW_SSCSpecies of
Special
Concern |
IUCN_LCLeast
Concern
Desert wash
Found in
valley foothill
riparian,
desert
riparian,
desert wash,
and palm oasis
habitats.

Roosts in trees,
particularly
palms. Forages
over water and
among trees.

There is
no
suitable
habitat on
site. This
species is
not
present.

Lepus
californicus
bennettii
San Diego
black-tailed
jackrabbit
Mammals None None Coastal scrub
Intermediate
canopy stages
of shrub
habitats and
open shrub /
herbaceous
and tree /
herbaceous
edges.

Coastal sage
scrub habitats
in Southern
California.

There is
no
suitable
habitat on
site. This
species is
not
present.

Linderiella
occidentalis
California
linderiella Crustaceans None None
IUCN_NTNear
Threatened
Vernal pool
Seasonal pools
in unplowed
grasslands
with old
alluvial soils
underlain by
hardpan or in
sandstone
depressions.

Water in the
pools has very
low alkalinity,
conductivity,
and total
dissolved
solids.

There is
no
suitable
habitat on
site. This
species is
not
present.

Linderiella
santarosae
Santa Rosa
Plateau fairy
shrimp
Crustaceans None None Vernal pool
Found only in
the vernal
pools on Santa
Rosa Plateau
in Riverside
County.

Southern
basalt flow
vernal pools.

There is
no
suitable
habitat on
site. This
species is
not
present.

Myotis
yumanensis Yuma myotis Mammals None None
BLM_SSensitive |
IUCN_LCLeast
Concern
Lower montane
coniferous
forest | Riparian
forest | Riparian
woodland |
Upper montane
coniferous
forest
Optimal
habitats are
open forests
and
woodlands
with sources
of water over
which to feed.

Distribution is
closely tied to
bodies of
water.

Maternity
colonies in
caves, mines,
buildings or
crevices.

There is
no
suitable
habitat on
site. This
species is
not
present.

Neolarra alba white cuckoo
bee Insects None None
Known only
from localities
in Southern
California.

Cleptoparasitic
in the nests of
perdita bees.

There is
no
suitable
habitat on
site. This
species is
not
present.

Neotoma
lepida
intermedia
San Diego
desert
woodrat
Mammals None None
CDFW_SSCSpecies of
Special
Concern
Coastal scrub
Coastal scrub
of Southern
California from
San Diego
County to San
Luis Obispo
County.

Moderate to
dense canopies
preferred.

They are
particularly
abundant in
rock outcrops,
rocky cliffs,
and slopes.

There is
no
suitable
habitat on
site. This
species is
not
present.

Nyctinomops
femorosaccu s
pocketed freetailed bat Mammals None None
CDFW_SSCSpecies of
Special
Concern |
IUCN_LCLeast
Concern
Joshua tree
woodland |
Pinon & juniper
woodlands |
Riparian scrub |
Sonoran desert
scrub
Variety of arid
areas in
Southern
California;
pine-juniper
woodlands,
desert scrub,
palm oasis,
desert wash,
desert
riparian, etc.

Rocky areas
with high cliffs.

There is
no
suitable
habitat on
site. This
species is
not
present.

Oncorhynchu
s mykiss
irideus pop.
10 steelhead -
southern
California DPS
Fish Endangered Candidate
Endangered
AFS_ENEndangered
Aquatic | South
coast flowing
waters
Federal listing
refers to
populations
from Santa
Maria River
south to
southern
extent of
range (San
Mateo Creek
in San Diego
County).

Southern
steelhead likely
have greater
physiological
tolerances to
warmer water
and more
variable
conditions.

There is
no
suitable
habitat on
site. This
species is
not
present.

Onychomys
torridus
ramona
southern
grasshopper
mouse
Mammals None None
CDFW_SSCSpecies of
Special
Concern
Chenopod scrub
Desert areas,
especially
scrub habitats
with friable
soils for
digging.

Prefers low to
moderate
shrub cover.

Feeds almost
exclusively on
arthropods,
especially
scorpions and
orthopteran
insects.

There is
no
suitable
habitat on
site. This
species is
not
present.

Pandion
haliaetus osprey Birds None None
CDF_SSensitive |
CDFW_WLWatch List |
IUCN_LCLeast
Concern
Riparian forest
Ocean shore,
bays,
freshwater
lakes, and
larger streams.

Large nests
built in treetops within 15
miles of a good
fish-producing
body of water.

There is
no
suitable
habitat on
site. This
species is
not
present.

Perognathus
longimembri
s brevinasus
Los Angeles
pocket mouse Mammals None None
CDFW_SSCSpecies of
Special
Concern
Coastal scrub
Lower
elevation
grasslands and
coastal sage
communities
in and around
the Los
Angeles Basin.

Open ground
with fine,
sandy soils.

May not dig
extensive
burrows,
hiding under
weeds and
dead leaves
instead.

There is
no
suitable
habitat on
site. This
species is
not
present.

Open areas for
sunning,
bushes for
cover, patches
of loose soil for
burial, and
abundant
supply of ants
and other
insects.

There is
no
suitable
habitat on
site. This
species is
not
present.

Plegadis chihi white-faced
ibis Birds None None
CDFW_WLWatch List |
IUCN_LCLeast
Concern
Marsh & swamp
| Wetland
Shallow
freshwater
marsh.

Dense tule
thickets for
nesting,
interspersed
with areas of
shallow water
for foraging.

There is
no
suitable
habitat on
site. This
species is
not
present.

Polioptila
californica
californica
coastal
California
gnatcatcher
Birds Threatened None
CDFW_SSCSpecies of
Special
Concern
Coastal bluff
scrub | Coastal
scrub
Obligate,
permanent
resident of
coastal sage
scrub below
2500 ft in
Southern
California.

Low, coastal
sage scrub in
arid washes,
on mesas and
slopes. Not all
areas classified
as coastal sage
scrub are
occupied.

There is
no
suitable
habitat on
site. This
species is
not
present.

Requires 11-20
weeks of
permanent
water for larval
development.

Must have
access to
estivation
habitat.

There is
no
suitable
habitat on
site. This
species is
not
present.

Salvadora
hexalepis
virgultea
coast patchnosed snake Reptiles None None
CDFW_SSCSpecies of
Special
Concern
Coastal scrub
Brushy or
shrubby
vegetation in
coastal
Southern
California.

Require small
mammal
burrows for
refuge and
overwintering
sites.

There is
no
suitable
habitat on
site. This
species is
not
present.

Spea
hammondii
western
spadefoot Amphibians None None
BLM_SSensitive |
CDFW_SSCSpecies of
Special
Concern |
IUCN_NTNear
Threatened
Cismontane
woodland |
Coastal scrub |
Valley & foothill
grassland |
Vernal pool |
Wetland
Occurs
primarily in
grassland
habitats, but
can be found
in valleyfoothill
hardwood
woodlands.

Vernal pools
are essential
for breeding
and egg-laying.

There is
no
suitable
habitat on
site. This
species is
not
present.

Streptocepha
lus woottoni
Riverside fairy
shrimp Crustaceans Endangered None IUCN_ENEndangered
Coastal scrub |
Valley & foothill
grassland |
Vernal pool |
Wetland
Endemic to
Western
Riverside,
Orange, and
San Diego
counties in
areas of
tectonic
swales/earth
slump basins
in grassland
and coastal
sage scrub.

Inhabit
seasonally
astatic pools
filled by
winter/spring
rains. Hatch in
warm water
later in the
season.

There is
no
suitable
habitat on
site. This
species is
not
present.

Taricha
torosa
Coast Range
newt Amphibians None None
CDFW_SSCSpecies of
Special
Concern
Coastal
drainages
from
Mendocino
County to San
Diego County.

Lives in
terrestrial
habitats and
will migrate
over 1 km to
breed in
ponds,
reservoirs and
slow moving
streams.

There is
no
suitable
habitat on
site. This
species is
not
present.

Needs
sufficient food,
friable soils
and open,
uncultivated
ground. Preys
on burrowing
rodents. Digs
burrows.

There is
no
suitable
habitat on
site. This
species is
not
present.

From sea to
about 7,000 ft
elevation.

Highly aquatic,
found in or
near
permanent
fresh water.

Often along
streams with
rocky beds and
riparian
growth.

There is
no
suitable
habitat on
site. This
species is
not
present.

Vireo bellii
pusillus
least Bell's
vireo
Birds Endangered Endangered
Riparian forest |
Riparian scrub |
Riparian
woodland
Summer
resident of
Southern
California in
low riparian in
vicinity of
water or in dry
river bottoms;
below 2000 ft.

Nests placed
along margins
of bushes or on
twigs
projecting into
pathways,
usually willow,
Baccharis,
mesquite.

There is
no
suitable
habitat on
site. This
species is
not
present.

APPENDIX C
Existing site access. Disturbed habitat onsite.

View looking east.

Office building on site with a fence along the
perimeter of the site. View looking northeast.

Work trucks and items stored on site. View
looking north.

APPENDIX D
Soil Map—Western Riverside Area, California
(Property Line)
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
10/27/2023

Page 1 of 3 ends

Lake Elsinore City CouncilDecember 10, 2024

Lake Elsinore City Council
December 10, 2024