Wildomar City Council
December 9, 2024

3. All windows on the premises of the cannabis business shall be appropriately secured and cannabis securely stored.

4. All cannabis businesses shall comply with the City's lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed.

5. All cannabis businesses and all equipment used in the conduct of the business, must be operated in compliance with all applicable State and local laws and regulations, including all building, electrical, and fire codes, and incompliance with the businesses' State and local licenses.

6. From a public right-of-way, there should be no exterior evidence of the cannabis business except for any permitted on-site signage.

7. A development agreement for the cannabis business must be executed and recorded against the property.

B. Manufacturing Sites. Every conditional use permit for a manufacturing site shall include the following conditions of approval:

1. All manufacturing of cannabis products shall occur in an enclosed locked structure. 3101
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2. Manufacturing activities shall only occur in the areas depicted on the floor plan submitted by the applicant and shall not exceed the square footage authorized pursuant to the conditional use permit.

3. If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in CFC Section 202, are to be used in the processing of cannabis, then the provisions of CFC Section 407 shall be applicable where hazardous materials subject to permits under CFC Section 50 (Hazardous Materials) are located on the premises or where required by the fire department official.

4. Storage, use and handling of compressed gases in compressed gas containers, cylinders, tanks and systems shall comply with CFC Chapter 53, including those gases regulated elsewhere in the Wildomar Municipal Code. Partially full compressed gas containers, cylinders or tanks containing residual gases shall be considered as full for the purposes of the controls required. Compressed gases classified as hazardous materials shall also comply with CFC Chapter 50 for general requirements and CFC Chapter 53 addressing specific hazards, including CFC Chapter 58 (Flammable Gases), CFC Chapter 60 (Highly Toxic and Toxic Materials), CFC Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids) and CFC Chapter 64 (Pyrophoric Materials). Prevention, control and mitigation of dangerous conditions related to storage, use, dispensing, mixing and handling of flammable and combustible liquids shall be in accordance with CFC Chapters 50 and 57.

5. Manufacturing sites are a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction is required to be fire sprinkled per the Fire Code. For manufacturing sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1occupancy where one of the following conditions exists:
a. A Group F-1 fire area exceeds 12,000 square feet.
b. A Group F-1 fire area is located more than three stories above grade plane. c. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet.

C. Cultivation Sites. Every conditional use permit for a cultivation site shall include the following conditions of approval:

1. All cultivation of cannabis shall occur in an enclosed locked structure. Outdoor cultivation is prohibited.

2. Cultivation activities shall only occur in the areas shown on the floor plan submitted by the applicant and shall not exceed the square footage authorized pursuant to the conditional use permit.

3. Areas where cannabis is cultivated are wet locations, and the electrical system in such areas must comply with Article 300.6(D) of the National Electric Code, City and the California Building Codes, Fire Code, Electrical Code and all other applicable laws. 3102
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4. Cultivation Sites are a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction is required to be fire sprinkled per the Fire Code. For cultivation sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:
a. A Group F-1 fire area exceeds 12,000 square feet.
b. A Group F-1 fire area is located more than three stories above grade plane. c. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet.

D. Cannabis distribution Sites. Every conditional use permit for a cannabis distribution site shall include the following conditions of approval:

1. Cannabis distribution sites shall store all cannabis and cannabis products in a locked safe room, safe, or vault and in a manner to prevent diversion, theft, and loss.

2. The storage of cannabis and cannabis products shall only occur in the areas shown on the floor plan submitted by the applicant and shall not exceed the square footage authorized pursuant to the conditional use permit.

17.240.080 Limitations on City's liability.

To the fullest extent permitted by law, the City shall not assume any liability whatsoever, with respect to approving any conditional use permit pursuant to this chapter or the operation of any cannabis business approved for such permit pursuant to this chapter.

17.240.090 Inspections.

A. Recordings made by security cameras at any cannabis business shall be made immediately available to the Planning Director upon verbal request for the purposes of determining compliance with this chapter and the cannabis business's conditional use permit.

B. The Planning Director shall have the right to enter all cannabis businesses from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter and the cannabis business' conditional use permit. Such inspections shall be limited to observing the premises for purposes of determining whether the cannabis business is being operated or maintained in compliance with this Code, state law, and other applicable laws and regulations.

C. Applicants and permittees must cooperate with employees and investigators of the City who are conducting inspections or investigations relevant to the enforcement of this chapter. No applicant or permittee shall by any means interfere with, obstruct or impede any City official from exercising their duties under the provisions of this chapter and all rules promulgated pursuant to it.
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17.240.100 Enforcement.

The operation of a cannabis business in violation of any conditions of approval or the provisions of this chapter or Chapter 17.80 (Conditional Use Permits) is a violation of this Code, and a public nuisance.

The City may seek to remedy such violations by any means provided for in law or equity, including, but not limited to, the enforcement mechanisms and remedies provided for in Chapter 1.16 (Code Violations) of this Code, or take action to revoke the conditional use permit pursuant to Section

17.125.150 of this Code.
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Chapter 17.245 Wireless Communication Facilities

17.245.010 Purpose
The purpose of this chapter is to establish uniform and comprehensive regulations and procedures for wireless communication facilities. It is the City’s intent in establishing these regulations to allow for the development of wireless communication facilities where needed in accordance with the Federal Telecommunications Act of 1996, 42 U.S.C., Sections 151 et seq., for the orderly development and siting of wireless communication facilities in the city; Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012; applicable state laws; and administrative and court decisions and determinations relating to the same. The goals of this chapter are to:

A. Enhance the ability of telecommunication service providers to effectively and efficiently provide new wireless communication services in the City;
B. Encourage the design and placement of wireless communication facilities in a way that minimizes their impact to the visual character, health, economic vitality and biological resources of the City;
C. Encourage and maximize the use of existing and approved wireless communication facilities, buildings and other structures while taking into account the use of concealment technology in order to reduce the number of facilities needed to serve businesses and residents in the City; D. Ensure continuous maintenance of new and existing wireless communication facilities; and E. Ensure the timely removal of any unused or outdated wireless communication facilities.

17.245.020 Exclusions
This chapter shall not apply to any of the following:

A. Any tower or antenna that is less than 105 feet in total height and that is owned and operated by a federally licensed amateur radio station operator.

B. Any tower or antenna used for emergency services radio, commercial radio or television purposes.

C. Government owned and operated telecommunications facilities.

D. Emergency medical care provider-owned and operated telecommunications facilities.

E. Mobile services providing public information coverage of news events of a temporary nature.

F. Any wireless telecommunications facilities exempted from this code by Federal law or State law.

17.245.010 Concealed wireless communication facilities
Concealed wireless communication facilities shall be subject to the following standards:

A. Appropriate Location. A concealed wireless communication facility may be located in any zone classification.

B. Permit Application. A minor development permit application shall be submitted to the Community Development Director in accordance with Chapter 17.90 of this Title accompanied 3105
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by the required application fee. All the procedural provisions of Chapter 17.90 shall apply to the application for a concealed wireless communication facility, except as provided herein.

C. Requirements for Approval. No minor development permit application for a concealed wireless communication facility shall be approved unless it complies with the following:

1. The facility is designed so that it is not visible at all or, if visible, it is not recognizable as a wireless communication facility.

2. Supporting equipment is located entirely within an equipment enclosure that is architecturally compatible with the surrounding area or is screened from view.

3. The application has met the processing requirements set forth in this chapter.

4. The application has met the location and development standards set forth in this chapter.

5. The application has met the requirements for approval set forth in Chapter 17.90 of this Title.

17.245.020 Disguised wireless communication facilities.

Disguised wireless communication facilities shall be subject to the following standards:

A. Appropriate Location. A disguised wireless communication facility may be located in nonresidential zone classifications and residential zone classifications.

B. Permit Application. A minor development permit application shall be submitted to the Community Development Director in accordance with Chapter 17.90 of this Title accompanied by the required application fee. All the procedural provisions of Chapter 17.90 shall apply to the application, except as provided herein.

C. Requirements for Approval. No minor development permit application for a disguised wireless communication facility shall be approved unless it complies with the following:

1. The facility is designed and sited so that it is minimally visually intrusive.

2. Supporting equipment is located entirely within an equipment enclosure that is architecturally compatible with the surrounding area or is screened from view.

3. The application has met the processing requirements set forth in this chapter.

4. The application has met the location and development standards set forth in this chapter.

5. The application has met the requirements for approval set forth in Chapter 17.90 of this Title.

17.245.030 Co-locations and modifications to existing wireless communication facilities.

Co-location and modifications to an existing wireless communication facility shall be subject to the following standards:

A. Appropriate Location. A co-located wireless communication facility may be located in any zone classification.

B. Permit Application. An application for substantial conformance shall be submitted to the Community Development Director in accordance with Section 17.125.130 of this Title 3106
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accompanied by the required application fee if the co-location or modification does not constitute a substantial change to the wireless communication facility. If the co-location or modification request constitutes a substantial change, an application for a revised permit shall be made to the Community Development Director in accordance with Section 17.125.130 of this Title.

C. Requirements for Approval. A substantial conformance shall be issued for a co-location or modification that is not a substantial change to the existing wireless communication facility if all the application requirements for a substantial conformance have been satisfied. No revised permit application for a co-location or modification of an existing wireless communication facility shall be approved unless it complies with the following:

1. Supporting equipment is located entirely within an equipment enclosure that is architecturally compatible with the surrounding area or is screened from view.

2. The application has met the processing requirements set forth in this chapter.

3. The application has met the location and development standards set forth in this chapter.

4. The application has met the requirements for approval set forth in Section 17.125.130 of this Title.

D. A modification to an existing wireless telecommunication facility includes:

1. Supporting Other wireless communication facilities.

Other wireless communication facilities shall be subject to the following standards:

A. Appropriate Location. Other wireless communication facilities may be located in the following zone classifications: M-I
B. Permit Application. A conditional use permit application shall be submitted to the Community Development Director in accordance with Chapter 17.80 of this Title accompanied by the required application fee. A public hearing on the application shall be required, and all procedural provisions of Chapter 17.80 of this Title shall apply to the application.

C. Requirements for Approval. No conditional use permit for another wireless communication facility shall be approved unless it complies with the following:

1. The facility is not located within a sensitive viewshed.

2. Supporting equipment is located entirely within an equipment enclosure that is architecturally compatible with the surrounding area or is screened from view.

3. The application has met the processing requirements set forth in this chapter.

4. The application has met the location and development standards set forth in this chapter.

5. The application has met the findings for approval as set forth in Chapter 17.80 of this Title.

17.245.040 Effect of location on public property.

Whether located on public or private property, wireless communication facilities cannot be constructed unless a permit has first been obtained in accordance with this chapter. 3107
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17.245.050 Effect on encroachment permit issuance.

An encroachment permit does not, under any circumstances, authorize the construction of wireless communication facilities.

17.245.060 Processing requirements—New, co-location and modifications.

A. In addition to the application requirements of the appropriate permit, all of the following shall be submitted with an application for a new wireless communication facility (Refer to Table

17.245.110-1 for summary of location, permit and development standards):

1. Evidence that the applicant has all current licenses and registrations from the FCC, the CPUC, and any other applicable regulatory bodies necessary to provide wireless communication services utilizing the proposed wireless communication facility.

2. A site plan drawn to scale by a California licensed land surveyor or civil engineer showing property lines; the location of the proposed facility; the distance of the proposed facility from property lines; adjacent roadways and rights-of-way; contours; the height of the proposed facility and the facility type; guy wires and anchors; facility dimensions; setbacks; existing structures on the underlying property; elevation drawings depicting the typical design of the proposed facility; parking; access easements; and fencing.

3. A conceptual landscape plan indicating all existing vegetation, identifying landscaping that is to be retained on the site and identifying any additional vegetation that is needed to satisfactorily control erosion and screen the facility from adjacent land uses and public vistas. All existing trees larger than four inches in diameter at a height of four and one-half feet shall be identified in the landscape plan by species type and the plan shall indicate whether the trees are to be retained or removed. Landscape plans are not required for concealed wireless communications facilities.

4. Propagation diagrams showing the existing network coverage within one mile of the site and the proposed coverage based upon the proposed facility at the proposed height.

5. Photo simulations showing the proposed facility from all public roads and all residential developments within a one-half mile radius of the site.

6. A letter stating whether or not Federal Aviation Administration (FAA) clearance is required. If FAA clearance is required, a letter stating the type of lighting necessary and the tower color.

7. A fully executed copy of the lease or other agreement entered into with the owner of the underlying property. The lease or other agreement shall include a provision indicating that the telecommunication service provider, or its successors and assigns, shall remove the wireless communication facility completely upon its abandonment. The lease or other agreement shall also include a provision notifying the property owner that if the telecommunication service provider does not completely remove a facility upon its abandonment, the City may remove the facility at the property owner’s expense and lien the property for the cost of such removal. Proprietary information in the lease may be redacted.

8. A list of all towers owned by the applicant located within the City. The list shall include the following information:
a. Zoning permit numbers.
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b. Assessor’s parcel number(s).
c. GPS coordinates.
d. Street addresses.
e. Thomas Brothers map page and coordinates (identify edition used). f. Type of facility (concealed, disguised, co-located, other). g. Number of antennas on each facility.

9. If required by the City Engineer, a geotechnical report that shall include the following:

10. Soils and geologic characteristics of the site based upon site-specific sampling and testing; a. Foundation design criteria for the proposed facility; b. A slope stability analysis;
c. Grading criteria for ground preparation, cuts and fills and soil compaction; d. A geologic hazards evaluation to include regional seismicity, potential for strong ground shaking, all appropriate primary and secondary seismic hazards, and recommended mitigation measures;
e. A detailed fault hazard valuation prepared by a California registered geologist or certified engineering geologist for any wireless communication facility located within an Alquist-Priolo Special Studies Zone, County Fault Zone, or within 150 feet of any other active or potentially active fault; and
f. A detailed liquefaction hazard evaluation prepared by a California registered geologist or certified engineering geologist for wireless communication towers located within a county liquefaction zone.

11. If required by the Community Development Director, a biological assessment that shall include the following:
a. A proposed facility description including location, height of tower as measured from the ground, description of associated equipment, width and length of access roads and driveways, and length and right-of-way width of power and communication lines; b. Existing biological resources on-site including quantification of vegetation and habitat types, color photo documentation of on-site and surrounding vegetation, a description of water resources, potential habitat for federal and state-listed species, and sensitive species habitats;
c. The results of any focused surveys for federally listed species (if required); and d. Impacts to biological resources including quantification of the habitat to be removed as a result of the proposed facility.
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12. A variance application pursuant to Chapter 17.70 of this Title, a variance application shall be required accompanied by the required application fee, if the wireless communication facility exceeds the maximum height allowed or the applicant desires not to comply with any other development standard herein.

13. The applicable wireless communication facility application fee established by City Council resolution as set forth in Chapter 3.44.

14. A map that indicates existing, identifiable wireless communication facilities within a onemile radius of the proposed location of the new wireless communication facility, and an explanation of why collocation on these existing facilities, if any, is not feasible. This explanation must include such technical information and other factual justifications as are necessary to document the reasons why collocation is not a viable option. The applicant must provide a list of all existing structures considered as alternatives to the proposed location, together with a general description of the site design considered at each location.

The applicant must also provide a written explanation for why the alternatives considered were unacceptable or infeasible, unavailable, or not as aesthetically desirable as the proposed location. This explanation must include such technical information and other factual justification as are necessary to document the reasons why each alternative is unacceptable, infeasible, unavailable, or not as aesthetically desirable as the proposed location. If an existing wireless communication facility is listed among the alternatives, the applicant must specifically address why the modification of such wireless communication facility is not a viable option. The written explanation must also state the radio frequency coverage and capacity needs and objectives of the applicant and must include maps of existing coverage and predicted new coverage with the proposed facility.

15. A statement that the proposed wireless communication facility is available for collocations, or an explanation of why future collocation is not technically feasible or potentially available.

16. A radio frequency (RF) report prepared and certified by an RF engineer acceptable to the City that certifies that the proposed facility, as well as any collocated facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the frequency and power levels (in watts ERP) for all existing and proposed transmitters at the site and exhibits that show the location and orientation of all transmitters and the boundaries of areas with exposures in excess of the uncontrolled/general population limit and the controlled/occupational limit.

17. A noise study prepared and certified by an engineer for the proposed facility and all associated equipment including all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators demonstrating compliance with the City’s noise regulations. The noise study must also include an analysis of the manufacturers’ specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines.

B. Any applicant seeking to modify an existing wireless communication facility or to co-locate on an existing wireless communication facility need only submit items 1, 2, 3, 5, 7, 12, 11, 15, and 16 from subsection A above, as applicable.
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C. The proposed facility height shall be stated in all hearing notices.

D. A cash or other sufficient deposit for any third-party peer review determined by the Community Development Director to be necessary to ensure compliance with the technical requirements of this chapter.

17.245.070 Development standards.

All wireless communication facilities shall comply with the following development standards (Refer to Table 17.245.110-1 for a summary of location, permit and development standards).

A. Area Disturbance. Disturbance to the natural landscape shall be minimized. Disturbed areas shall be remediated immediately after construction. Remediation techniques may vary depending on the site.

B. Fencing and Walls. All wireless communication facilities shall be enclosed with a decorative block wall, wrought iron fence, or other screening option at a maximum height of six feet as deemed appropriate by the Community Development Director.

C. Height Limitations. The height of any wireless communication facility may not exceed the following standards:

1. Concealed wireless communication facilities may not exceed the maximum building height in the applicable zone.

2. Disguised wireless communication facilities may not exceed 50 feet in residential zone classifications and may not exceed 70 feet in nonresidential zone classifications.

3. Co-located facilities that are not substantial changes to the existing wireless communication facility are not subject to any height limitation.

4. Co-located facilities that are substantial changes to the existing wireless communication facility may not exceed the maximum building height applicable to the type of tower on which the co-located facilities will be installed.

5. Other wireless communication facilities may not exceed the maximum building height in the applicable zone.

D. Impacts. All wireless communication facilities shall be sited so as to minimize adverse impacts to the surrounding community and biological resources.

1. Landscaping. All wireless communication facilities shall have landscaping around the perimeter of the leased area and shall match and/or augment the natural landscaping in the area. Wireless communication facilities construed to look like trees shall have other similar tree species planted adjacent to and/or around the facility to enhance the concealing effect. If landscaping is deemed necessary in native habitats, only native plant species shall be used in order to avoid introduction of exotic invasive species. All landscaping shall be irrigated unless a water source is unavailable within the parcel on which the facility is located. If a water source is not available, indigenous plants shall be used and manually watered until established.

2. Lighting. Outside lighting is prohibited unless required by Federal or State law. Any security lighting shall meet the requirements of Chapter 8.64 of the Wildomar Municipal Code. Any lighting system installed shall also be shielded to the greatest extent possible so as to 3111
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minimize the negative impact of such lighting on adjacent properties and so as not to create a nuisance for surrounding property owners or a wildlife attractant.

E. Noise. All noise produced by wireless communication facilities shall be minimized and in no case shall noise produced exceed 45 dBA inside the nearest dwelling and 60 dBA at the property line.

F. Parking. Temporary parking for service vehicles may be permitted on-site. No off-site parking shall be allowed for any service vehicle. Paving for the parking shall be required, where appropriate, and may not be removed without proper mitigation. No vehicles may remain parked overnight, with the exception of technicians working at the site during the night. If a new wireless communication facility is placed on existing parking spaces required by the use currently on-site, the parking spaces shall be replaced so that the current use has the necessary parking required by this Title. If such replacement of spaces is not feasible, a variance may be requested.

G. Paved Access. All wireless communication facilities located within residential developments containing lots 18,000 square feet or smaller shall be accessed via a paved road. All wireless communication facilities within residential developments containing lots larger than 18,000 square feet shall be accessed via an all-weather surface.

H. Power and Communication Lines. No above-ground power or communication lines shall be extended to the site, unless an applicant demonstrate that undergrounding such lines would result in substantial environmental impacts or a letter is received from the power company indicating it is unable to underground the wires. All underground utilities shall be installed in a manner to minimize disturbance of existing vegetation and wildlife habitats during construction. Removal of underground equipment upon the abandonment of a facility is not recommended unless leaving the equipment underground would pose a threat to health, safety or sensitive resources.

I. Roof-Mounted Facilities. Wireless communication facilities mounted on a roof shall be less than 10 feet above the roofline.

J. Sensitive Viewshed. Wireless communication facilities proposed on ridgelines and other sensitive view-sheds shall be concealed and sited so that the top of the facility is below the ridgeline as viewed from any direction.

K. Setbacks. Wireless communication facilities shall meet the following setback requirements:

1. Concealed wireless communication facilities shall meet the setback requirements of the zone classification in which they are located.

2. Disguised wireless communication facilities in and adjacent to nonresidential zone classifications shall be set back from habitable dwellings a distance equal to 125% of the facility height. Disguised wireless communication facilities in or adjacent to residential zone classifications shall be set back from habitable dwellings a distance equal to 200% of the facility height or shall be set back from residential property lines a distance equal to 100% of the facility height, whichever is greater.

3. Co-located wireless communication facilities that are a substantial change to the existing wireless communication facility shall meet the setback requirements applicable to the type of tower on which the co-located facilities will be installed. 3112
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4. Co-located facilities that are not a substantial change to the existing wireless communication facility are not subject to any setback requirements.

5. Other wireless communication facilities shall be set back from habitable dwellings a distance equal to 1,000 feet.

L. Support Facilities. Freestanding equipment enclosures shall be constructed to look like adjacent structures or facilities typically found in the area and shall adhere to the City’s Design Standards and Guidelines where appropriate. Where there are no structures in the immediate vicinity, equipment closures shall blend with existing naturally occurring elements of the viewing background shall be screened from view by landscaping, fencing/walls or other methods. Equipment enclosures shall not exceed 13 feet in height.

M. Treatment. Wireless communication facilities shall be given a surface treatment similar to surrounding architecture. All finishes shall be dark in color with a matte finish and have a reflective rating of 38%.

Table 17.245-110-1 - Location, Permit Application and Development Standards Summary Type of Facility M-1 C-G R-R, R-A, R-1, R-2, R-T
Concealed
Minor development permit Minor development
permit Minor development permit
Height limitation of zone.

Setback requirements of zone.

Disguised
Minor development permit Minor development
permit Minor development permit
Maximum height of 70′. Maximum height of 50′.

Setback from habitable dwelling 125% of facility height (if adjacent to residential zone apply residential
setback).

Setback from a habitable
dwelling (200% of facility
height or setback from a
property line 100% of
facility height, whichever is
greater).

Co-located,
Substantial
Change
Revised permit Revised permit Revised permit
Height limitation applicable to tower type.

Setback requirements of tower type.

Co-located, Not
Substantial
Change
Substantial conformance Substantial conformance Substantial conformance No height limit.

No setback
Other
Conditional Use Permit
Not allowed Height limitation of zone.

Setback from a habitable
dwelling - 1,000 feet.
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17.245.080 Abandoned sites.

A. Any wireless communication facility that is not continuously operated for a period of 60 days shall be conclusively deemed abandoned.

B. The telecommunications service provider shall have 60 days after a notice of abandonment is mailed by the City to either make the facility operable, replace the facility with an operable facility, or remove the facility.

C. Within 90 days of the date the notice of abandonment is mailed, the City may remove the wireless communication facility at the underlying property owner’s expense and shall place a lien on the property for the cost of such removal.

D. The owner of the property shall, within 120 days of the City’s removal, return the site to its approximate natural condition. If the owner fails to do so, the City can restore and revegetate the site at the property owner’s expense.

E. If there are two or more users of a single facility, the facility shall not be deemed abandoned until all users abandon it.
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Chapter 17.250 Recycling Facilities

17.250.010 Purpose
These standards are designed to provide appropriate development of recycling facilities pursuant to the 1986 California Beverage Container Recycling and Litter Reduction Act (Public Resources Code Section 14500 et seq.).

17.250.020 Development standards.

A. Reverse Vending Machines.

1. Location. Reverse vending machines shall be established in conjunction with supermarkets or other commercial or industrial uses which are subject to development review (minor or major) or conditional use permits, and shall be located within 30 feet of the entrance to the commercial or industrial structure, without obstructing pedestrian or vehicular traffic, or occupying parking spaces required by the primary use.

2. Parking. No additional parking spaces for access or use shall be required.

3. Size. Reverse vending machines shall occupy no more than 50 square feet of floor area per machine, and shall be no more than eight feet in height.

4. Design. Reverse vending machines shall be constructed and maintained with durable waterproof and rustproof material, and shall be clearly marked to identify material to be deposited, operating instructions, and the identity and the telephone number of the operator or responsible person to contact in the event of machine malfunction or if the machine is inoperative.

5. Signs. Signs shall have a maximum surface area of four square feet.

6. Maintenance. Units shall be maintained in a clean litter-free condition, and shall be sufficiently illuminated to ensure safe operations at all times.

7. Operating Hours. Such facilities shall have operating hours at least the same as the primary use.

B. Mobile Recycling Units.

1. Mobile recycling units shall be established in conjunction with supermarkets or other commercial or industrial uses which are subject to approved development review or conditional use permits.

2. Mobile recycling units shall be no larger than 500 square feet and occupy no more than five parking spaces not including space needed for material removal or transfer.

3. Such facilities shall accept only glass, metals, plastics, papers and such other nonhazardous materials suitable for recycling.

4. Parking. No additional parking spaces for customer use at facilities located in established parking lots of a primary use, shall be required. Mobile recycling units shall have an area which is clearly marked to prohibit other vehicular parking during times when the mobile unit is scheduled to be present.
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5. Setbacks.
a. Units shall be set back at least 10 feet from any street line and shall not obstruct pedestrian or vehicular traffic.
b. The storage, operation and concealment of materials shall conform to the setback and development standards of the zone in which the project is located. c. Containers for 24 hour material donation shall be at least 30 feet from any residentially zoned property unless superseded by an acoustic barrier approved by the Community Development Director.

6. Storage.
a. Storage containers shall be securable and constructed of waterproof and rustproof materials.
b. Storage of recyclable materials outside of containers or mobile unit when an attendant is not present is prohibited.
c. Containers shall be clearly marked to indicate the type of material acceptable for collection. The facility shall identify the operator and hours of operation.

7. Maintenance facilities shall be maintained in a safe and litter-free condition.

8. Hours of Operation. Attended facilities located within 100 feet of any residentially zoned property shall operate only between the hours of 9:00 a.m. and 7:00 p.m.

9. Signs.
a. All on-site signs shall comply with the provisions of Chapter 17.180 (Signs). b. Directional signs may be installed, as approved, if necessary to facilitate traffic circulation.
c. A sign shall be affixed to the facility prohibiting the deposit of hazardous or toxic materials after hours or at any time an attendant is not present.

10. Noise. The facility shall not exceed noise levels of 60 dBA as measured at the exterior property line of residentially zoned property. In no event shall the noise level exceed 70 dBA.

11. Landscaping. Facilities shall be located so as not to affect the landscaping required for any concurrent land use.

12. Additional Development Requirements. Additional development standards may be required as conditions of approval.

C. Recycling Collection Facilities.

Containers provided for after-hours donation shall be set back at least 50 feet from any property zoned or occupied for residential use, and shall be constructed of sturdy and durable containers that have the capacity to accommodate donated materials. 3116
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1. Storage of Materials.
a. All exterior storage of materials shall be in sturdy weather and rustproof containers which are covered, baled or palletized; and which are secured and maintained in good condition.
b. Storage for flammable materials shall be in nonflammable containers. c. Storage for the recycling of oil shall be in containers approved by the Health Department.

2. Parking. Parking shall be provided for six vehicles or the anticipated peak customer demand load, whichever is greater. One additional parking space for each commercial vehicle operated by the facility shall be provided.

3. Noise. The facility shall not exceed noise levels of 60 dBA as measured at the exterior property line of residentially zoned property. In no event shall the noise level exceed 70 dBA.

4. Hours of Operation. If the facility is located within 500 feet of property zoned or designated for residential use subsequent to the General Plan, it shall not operate between the hours of 7:00 p.m. and 7:00 a.m.

5. Signs. All on-site signs shall be in conformance with the standards set forth in Chapter 17.180 (Signs), and shall clearly identify the responsible operating parties and their telephone numbers.

6. Power-Driven Machinery. The use of power-driven machinery shall be limited to stateapproved reverse vending machines. In addition:
a. Machinery which is necessary for the temporary storage, efficient transfer, or securing of recyclable materials may be permitted with the approval of a minor development permit.
b. In the M-I zones power-driven machinery which is used to briquette, shred, transform and otherwise process recyclable materials may be approved with a conditional use permit.

7. Additional Development Requirements. Additional development standards may be required as conditions of approval.

D. Recycling Processing Facilities.

1. The processing facility shall operate totally within an enclosed building with no outside storage, and shall be located at least 150 feet from property zoned or designated for residential use pursuant to the General Plan. Outside storage shall not be permitted.

2. Setbacks, landscaping and structural requirements shall comply with the development standards of the underlying zone.

3. Storage of Materials.
a. All outside storage of materials shall be in sturdy weather and rustproof containers which are covered, baled, or palletized; and which are secured and maintained in good condition.
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b. Storage for flammable materials shall be in nonflammable containers. c. Storage for the recycling of oil shall be in containers approved by the Health Department.
d. Storage of recyclable materials outside of containers or mobile/recycling unit when attendant is not present is prohibited.
e. Containers shall be clearly marked to indicate the type of material accepted for collection.

4. Parking. Parking shall be provided on site for the peak load circulation and parking of customers. If the facility is to service the public, parking spaces shall be provided for a minimum of 10 customers, or the peak customer demand load whichever is greater.

5. Noise. The facility shall not exceed noise levels of 60 dBA as measured at the exterior property line of residentially zoned property. In no event shall the noise level exceed 70 dBA.

6. Hours of Operation. The facility shall identify the operator and the hours of operation. If the facility is located within 500 feet of property zoned or planned for residential use pursuant to the General Plan, it shall not operate between the hours of 7:00 p.m. and 7:00 a.m.

7. Signs. All on-site signs shall be in conformance with the standards set forth in Chapter

17.180 (Signs), and shall clearly identify the responsible operating parties and their telephone numbers.

8. The site shall be maintained in a safe and litter-free condition on a daily basis.

9. Additional Development Requirements. Additional development standards may be required as conditions of approval.
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Chapter 17.255 Performance Standards for Mini Warehouses/Self-Storage Facilities

17.255.010 Purpose
The City Council has enacted the following provisions to provide minimum development standards for mini-warehouses in the City. These standards are designed to provide for the appropriate development of mini-warehouses and to protect the health, safety and welfare of City residents using such facilities or who live or conduct business adjacent to such facilities.

17.255.020 Permitted uses.

Mini-warehouse/self-storage facilities shall only be permitted in the M-I industrial zone and subject to the approval of a Conditional Use Permit. The facility use shall be designed and operated for the storage of goods in individual compartments or rooms, which are available for use by the general public on a rental or lease basis. In no case shall storage spaces be used for manufacturing, retail or wholesale selling, compounding, office functions, other business or service uses, or human habitation.

17.255.030 Development/Performance standards
A. The size of individual storage spaces within a mini-warehouse facility shall have a maximum gross floor area of 500 square feet.

B. Lot Coverage. The maximum lot coverage shall be sixty-five percent (65%).

C. Location. No mini-warehouse buildings shall be located in the front 25% of the lot (as measured from the front property line). The front 25% of the lot shall be reserved for business offices, caretakers’ quarters and similar commercial type uses.

D. Screening. The area designated for mini-warehouse buildings (rear 75%) shall be separated from the front portion of the site by a six-foot (6’) high decorative masonry wall combined with an earthen berm or landscaping to provide an eight foot (8’) high screen wall E. RV and Boat Storage. All mini-warehouse projects shall designate an area equal to 10% of the rear portion of the site for the storage of RVs and boats. This storage area shall be screened from public streets with a decorative masonry wall (or green wall) 6 feet in height.

F. Perimeter Walls. Perimeter walls (e.g., side and rear property lines) shall be decorative block 6 – 8 feet in height. The rear and sides of mini-warehouse buildings may be used in place of portions of the required perimeter wall where no individual storage units are accessible from the building sides. The exterior side of all perimeter decorative masonry walls and storage building sides (if used in place of portions of the walls), shall be coated with a protective coating that will facilitate the removal of graffiti. Building exteriors shall not be corrugated metal or similar surface but shall be of finished quality.

G. Surface Covering. All surfaces shall be color coated in coordinating colors as approved by the hearing body.
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H. Roofing. Roofing materials shall be compatible with area development. To the extent feasible, roofs shall be designed to accommodate solar panels if proposed with a mini-warehouse development.

I. Lighting. Mini-warehouse facilities shall comply with the following lighting standards:

1. All lighting shall be indirect, hooded and positioned so as not to reflect onto adjoining property or public streets.
a. All mini-warehouse complexes shall comply with the city’s light pollution ordinance provisions (Chapter 8.64)
b. Lighting fixtures may be installed in each individual storage space, provided that the fixtures shall not include or be adaptable to provide electrical service outlets.

J. Gates. All gates shall be decorative wrought iron, or other metal type. All gates shall be painted a color which blends in with the rest of the mini-warehouse development. All gates shall be subject to review and approval by the Fire Department to assure adequate emergency access.

K. Parking. Parking shall be provided in accordance with the requirements set forth in Chapter 17.155.

L. Landscaping. All street setbacks and setbacks between the mini-warehouse use and residentially zoned property shall be landscaped. This landscaping shall include shrubs, trees, vines or a combination thereof which act to soften the visual effect of the walls. This landscaping shall be in addition to and coordinated with the landscaping required for parking areas under Chapter 17.155.

M. Setbacks.

1. Front/Street Setback. The front/street setback shall be a minimum of 25 feet from ultimate street right-of-way line. The mini-warehouse structures must be located on the rear 75% of the site and maintain a minimum setback of 100 feet.
a. Side/Rear Setbacks. Where the side or rear setback areas adjoins a lot with a commercial or industrial zoning designation, there is no minimum setback. If the use is adjacent to a residential zoning designation, a minimum side/rear setback of 35 feet shall be required. Walls shall be located so as to provide a buffer between the residential zone and the mini-warehouse zone.
b. All open areas, including interior setbacks, may be used for driveways, parking, outdoor storage or landscaping.

N. Caretaker’s Residence. One caretaker’s residence (located within the front 25% of the lot) is permitted with the mini-warehouse facility. Where a caretaker’s residence is proposed, a minimum of two (2) parking spaces shall be provided for the caretaker’s residence in addition to those required for the mini-warehouse land use outlined in Chapter 17.155.

O. Prohibited Materials. The following materials shall not be stored in mini-warehouses:

1. Flammable or explosive matter or material;
a. Matter or material which creates obnoxious dust, odor or fumes; b. Truck or vehicular rental;
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c. Hazardous or extremely hazardous waste, as defined by applicable provisions of the Hazardous Waste Control Law (Health and Safety Code Section 25100, et seq.).

P. Prohibited Facilities.

1. No water, sanitary facilities, or electricity, with the exception of lighting fixtures, shall be provided in individual storage spaces.
a. Prefabricated shipping containers shall not be used as mini-warehouse facilities. b. No individual storage space shall be used for a residence or any business activity. 3121
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Chapter 17.260 Rural Event Venue

17.260.010 Purpose.

The purpose of this section is to provide for the orderly development within the City of Wildomar of rural event venues and bed and breakfast lodging, as these terms are defined in Article 6 (Definitions).

Additionally, this chapter is intended to protect the rural character and ensure the rural event venue will not result in a change to the residential character of the surrounding community.

17.260.020 Rural Event Venue Application
No person shall rent, offer to rent, or advertise for rent a rural event venue without a valid Conditional Use Permit by the city pursuant to Chapter 17.80 and in the manner provided for by this chapter.

17.260.030 Development and Operational Standards
A. Minimum Lot Size
Table 17.256.020-1 Rural Event Venue Lot Size Requirements Event Center Type Minimum Lot Size
Small rural event venue 5 acres
Intermediate rural event venue 10 acres
Large rural event venue 25 acres
Bed and Breakfast Lodging 40,000 sq. ft.

B. Setbacks
All rural event venues shall be required to have all outdoor activities associated with the Agricultural Event Venue (with the exception of parking) a minimum of 200 feet from the exterior property lines or as specified by the Conditional Use Permit. An application must delineate where all outdoor activities will occur.

C. Parking. Adequate on-site parking facilities, pedestrian and vehicular circulation, and vehicular ingress and egress, shall be provided in compliance with Chapter 17.155 (Parking and Loading).

Additional standards include:

1. All on-site parking areas do not need to be paved; however, they must be stabilized in order to minimize any off-site dust impacts and for compliance with water quality control purposes;

2. Adequate parking must be provided based on maximum occupancy of the site. Occupancy will be determined based on the seating capacity of the venue.

3. If buses or limousines are proposed for off-site transport, adequate drop off and pick up locations must be provided on site.

4. Any parcel where a facility is proposed shall have access to a paved and maintained public street.
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D. Signs. One externally illuminated monument sign shall be permitted and shall be located at access points to the parcel, subject to the following criteria:

1. Signs are allowed only for frontages adjoining a public street;

2. Monument signs shall not be located closer than five feet from a property line;

3. The maximum sign area shall be twenty (20) square feet per side and not exceed four (4) feet in height;

4. Monument signs shall contain an address plate identifying the project or use by specific street address. The address plate shall not exceed four square feet in area. Numbers shall be a minimum of six inches in height. Address plates shall not be calculated against the allowed sign area;

5. Illumination shall be down lit and shall not be allowed to spill over into, or provide glare, to adjacent properties or rights-of-way;

6. On-site directional signage shall be no larger than twelve (12) square feet in area and its design shall be complimentary to the monument sign.

E. Ancillary Structures.

1. If an ancillary structure is provided as part of the project approval, ancillary structures shall be permanent construction, shall be fully enclosed, or enclosable on four sides, and shall have a roof. Ancillary structures shall be complimentary in terms of size, scale, and materials used on the primary structure on the site;

2. Ancillary structures shall be consistent with all development standards of the R-R zone, as shown in Table 17.30.030-1.

F. Venue Size.

1. Small rural event venues shall be allowed a maximum event size of 150 guests or as specified by the Conditional Use Permit.

2. Intermediate rural event venues shall be allowed a maximum event size of 250 guests or as specified by the Conditional Use Permit.

3. Large rural event venues shall be allowed a maximum event size of 500 guests or as specified by the Conditional Use Permit.

4. Bed and breakfast lodging – maximum capacity shall beno more than the equivalent of 3 guests per bedroom, excluding bedrooms utilized by the property owner and other permanent residents.

G. Number of Events.

1. Small rural event venues shall be limited to 104 events per year.

2. Intermediate and large rural event venues shall be limited to 260 events per year.

H. Hours of Operation.

1. Rural event venues shall be allowed to operate from 10 am to 10 pm on Friday and Saturday and from 10 am to 8 pm Sunday through Thursday or as specified by the Conditional Use Permit.
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I. Noise. Noise levels generated from events shall be subject to the following criteria:

1. All noise generated by the event use shall conform to Chapter 9.48 (Noise Regulation), and shall be subject to the provisions contained therein;

2. Noise levels for events shall not exceed the city's noise standards, either during set up or as part of the event;

3. The applicant shall monitor and ensure that the noise levels shall not exceed City of Wildomar noise standards;

4. Any noise generating activities shall be terminated at 10:00 p.m.

J. Sanitary Facilities.

1. The community development director shall determine the appropriate quantity and location for any for sanitary facilities. All facilities shall be located on-site, and shall comply with accessibility requirements and the requirements of the Riverside County Health Department.

2. Any potable sanitary facilities shall not be located any closer than fifty (50) feet from an adjacent property with a residential use. Sanitary waste shall be removed from the site within 48 hours of any event, or determined through the minor conditional use permit.

K. Solid Waste Collection and Disposal. On-site waste collection shall be located onsite as to not create any off-site noise, odors or nuisances. Solid waste shall be removed from the site within forty-eight (48) hours of any event.

L. Security. Provision for security and safety measures shall be provided, if applicable. Recent contact information shall be maintained on file with the city at all times.

M. Other Conditions. The director shall require any other conditions which will ensure the operation of the facility in an orderly and efficient manner and in full compliance with the purpose/intent of this section.

17.260.040 Inspections.

The owner shall permit the city to inspect the rural event venue and/or bed and breakfast and property at any time prior to issuance of a permit, or during the operation of the rural event venue and/or bed and breakfast for the purpose of making a reasonable inspection to observe and enforce compliance with all applicable laws, rules and regulations, including the provisions of this chapter and all applicable requirements of Title 17 of this Municipal Code. The owner may be required to reimburse the city for the cost of an inspection, not to exceed the actual cost of such inspection.

17.260.050 Public nuisance.

It shall be unlawful and a public nuisance for any person to commit, cause or maintain a violation of this chapter. The city may, in addition to, or in lieu of, prosecuting a criminal action hereunder, commence proceedings for the abatement, removal and/or enjoinment thereof in any manner provided by law.
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17.260.060 Violations and penalties, enforcement.

A. It shall be unlawful for any person to fail to comply with any of the requirements of this chapter, or operate a rural event venue and/or bed and breakfast within the jurisdiction of the city contrary to or in violation of any of the provisions of this chapter, any applicable provisions of Title 17 of this Municipal Code, or any other applicable laws, rules and regulations.

B. Violations of this chapter may be enforced by any method allowed in this Municipal Code, or any other applicable enforcement mechanism available to the city.

17.260.070 Denial, suspension, and revocation of permits.

A. Denial, suspension or revocation. In addition to any other remedy provided by this chapter, a rural event venue permit may be denied, and if already issued, may be suspended or revoked by the city manager, pursuant to this section.

A. Grounds. A permit issued under this chapter, and/or a city business registration issued by the city may be denied, suspended or revoked upon any of the following grounds:

1. A material misrepresentation, false or misleading information was included on the application or renewal application for a permit and/or city business registration application.

2. A violation of any provision under this chapter, any applicable provision under Title 17 of this Municipal Code, and/or any other applicable law, rule or regulation has occurred on the premises of the rural event venue.

3. An authorized official has given notification of existing health or safety violations on the property or non-compliance with applicable laws, rules and regulations relating to health and safety.

4. A rural event venue permit for the property has been suspended or revoked in the previous twelve (12) months, unless the property has been sold and the new owner can demonstrate to the city a change of property ownership during that time period.

5. The applicant is delinquent in the payment of any outstanding fees, assessments or taxes owed to the city related to any property located in the city that is owned by the applicant, including, but not limited to Transient Occupancy Taxes (TOT).

6. Appeal of denial, suspension or revocation. The appeal procedures for the denial, suspension or revocation of a permit shall be those set forth in Section 17.125.110 (Appeals) of this Municipal Code.

7. Public notice of suspension or revocation. If a rural event venue permit is suspended or revoked pursuant to this section, notification shall be provided by the city to all record property owners located within three hundred (300) feet of the subject rural event venue and/or bed and breakfast of any imposed suspension or revocation of the permit. Posting of the suspension or revocation shall also be provided on the city’s rural event venue webpage.
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8. Prohibited operations. If a rural event venue permit is revoked pursuant to this Section, the applicant shall not operate a rural event venue and/or bed and breakfast at the property for a period of twelve (12) months from the date of such revocation. No permit that is revoked by the city may be transferred to any other person or entity to operate a rural event venue at the property during such period of revocation. Termination of property use as a rural event venue.
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ARTICLE 6. DEFINITIONS
Chapter 17.265 Universal Definitions.

17.265.010 Purpose
This chapter provides definitions of terms and phrases used in Title 17 that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall take precedent for the purposes of Title 17. If a word is not defined in this chapter, or other provisions of the Municipal Code, the Community Development Director shall determine the most appropriate definition in compliance with Chapter 17.15 (Interpretation). State law definitions, as they may be amended from time to time, take precedent over the definitions in this section.

17.265.020 “A” Definitions
Abandoned Sign means:

1. Any outdoor advertising display that is allowed to continue for more than six (6) months without a poster, bill, printing, painting, or other form of advertisement or message;

2. Any outdoor advertising display that does not appear on the inventory required by Chapter

17.180 (Signs); or

3. Any on-site advertising structure or sign that is allowed to continue for more than 90 days without a poster, bill, printing, painting, or other form of advertising or message for the purposes set forth in Chapter 17.180 (Signs).

Abandonment. A discontinuance of any use with intent to permanently discontinue such use.

Abatement. The method of reducing the degree and intensity of pollution, nuisances or violations.

Abut. To physically touch or border upon; to share a common property line. Access. A way or means of physical entry to a property.

Accessory Dwelling Unit. An attached or a detached dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary dwelling unit is situated.

An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code Section 17958.1, and a manufactured home, as defined in California Health and Safety Code Section 18007.

Accessory Use. See Use, Accessory. Accessory Structure. See Structure, Accessory.

Acre. A measure of land area containing 43,560 square feet.

Acre, Gross. The entire acreage of a site is calculated to the centerline of adjacent streets.

Acre, Net. The portion of a site outside of the public right-of-way? not reserved for public use. The following are not included in the net acreage of a site: public or private road rights-of-way, common or public open space, and floodways.
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Action. A decision on a permit application or other land use matter, made by the approval authority.

Addition. An extension or increase in floor area or height of an existing building or structure.

Adverse Impact. A condition that creates, imposes, aggravates or leads to inadequate, impractical, unsafe, unsightly or unhealthy conditions.

Affordable Housing. Dwelling units with a sales price or rent within the means of a low- or moderateincome household as defined by state or federal legislation. As used in this Development Code:

Very low income refers to family units/households whose annual income is 50% or less of the area's median income as defined in Health and Safety Code Section 50105 (Government Code Section 65915(b)(1)(B)).

Low income refers to family units/households whose annual income is between 50% and 80% of the area's median income as defined in Health and Safety Code Section 50079.5 (Government Code Section 65915(b)(1)(A)).

Moderate income refers to family units/households whose annual income is between 80% and 120% of the area's median income as defined in Health and Safety Code Section 50093 (Government Code Section 65915(b)(1)(D)).

Affordable Rent. The definition set forth in California Health and Safety Code Section 50053.

Agricultural/Employee housing
Six or fewer persons is treated as a single-family structure and residential use as described in California Health and Safety Code Sections 17021.5 and employee housing as defined in California Health and Safety Code Section 17008, including farm worker housing means any attached or detached dwelling unit used to house farm/agricultural workers and their family members, including temporary mobile homes.

Group quarters." Farm worker/Employee housing consisting of no more than 36 beds in group quarters (or 12 units or less) designed for use by a single family or household to be treated as an agricultural use as described in 17021.6, and employee housing as defined in California Health and Safety Code Section 17008, including farm worker housing.

Agricultural Operations, Commercial. Use of land for the propagation, care, maintenance, production of food and fiber, including the growing of crops and/or the grazing of animals on natural or improved pastureland for the purpose of sale of goods and/or crops for profit. Agriculture uses include agricultural labor housing (see Agricultural Labor Housing).

Agricultural Operations, Noncommercial. Use of land for the propagation, care, maintenance, production of food and fiber, including the growing of crops and/or the grazing of animals on natural or improved pastureland for personal use. Agriculture uses include agricultural labor housing (see Agricultural Labor Housing).

Aisle. The traveled way by which cars enter and depart parking spaces. 3128
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Alcoholic Beverage Sales. An activity or business engaged primarily in the sale of alcoholic beverages for on-site or off-site consumption in accordance with the state Alcohol Beverage and Control (ABC) agency.

Alley. A service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation.

Alteration. Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders and all interior partitions; any change in doors, windows or means of ingress or egress; any enlargement or diminution of a building or structure, whether horizontally or vertically; or the moving of a building or structure from one location to another.

Amenity. Aesthetics or other characteristics of a development that increase its desirability to the community, such as swimming pools, tennis courts, security systems, views, landscaping or enhanced open space.

Amusement Park. Facilities or uses that provide participant recreation indoors or outdoors.

Amusements parks may include a variety of recreational uses, including but not limited to go carts, amusement arcades, miniature golf courses, batting cages and other similar uses.

Animal. Except for humans, any living, breathing creature, including mammals, birds, rodents, dogs, livestock, pets, reptiles, insect, fish, horse, livestock or other non-human creature, whether wild or domestic.

Small. Pygmy goats, potbelly pigs, poultry, rabbits, domestic dogs and cats and other comparably sized animals distinguished from those defined as medium or large animals.

Medium. Swine, pygmy horses, goats, sheep and other comparably sized animals distinguished from those defined as small or large animals.

Large. Horses, cows and other animals so categorized by their size, weight and/or appearance to be large animals.

Animal Hospital. A place where animals or pets are given medical or surgical treatment and care.

Animal Keeping, Commercial. The keeping, breeding, caring, boarding, training, or marketing of animals for sale or for profit.

Animal Keeping, Non-Commercial. The keeping, breeding, caring, boarding, training, or marketing of animals for personal use.

Animal Rescue. The care and boarding of animals at a residence for noncommercial or not for profit purposes. The number and type of animals allowed are limited to that which would otherwise be allowed as pets.

Annexation. The incorporation of a land area into an existing city or district resulting in a change in the boundaries of the city or district.

Antenna. A device used for the purpose of transmitting and/or receiving wireless communication signals.

Antenna structure. An antenna and its associated support structure, such as a monopole or tower. 3129
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Apartment. A building, or group of buildings, in which all dwelling units in the building are owned by a single party and rented out to individual tenants.

Apiary. A facility for the keeping of bees.

Appeal. A request for a review of a decision or action taken on a proposed permit application or other land use matter by the approving authority.

Appeal Authority. The agency, board, group or legally designated individual empowered to review and deny, uphold, or refer back to the approval authority, an appeal of an action taken by an approval authority.

Applicant. The owner(s) or lessee(s) of property, or their authorized agent(s), or person(s) who have contracted to purchase property contingent upon their ability to obtain the required entitlements, and who requests in writing, on the appropriate forms, the approval of a permit, license, certificate or other entitlement from the City.

Application, Accepted. An application filed with and accepted for processing by the City in accordance with the requirements of this Title, containing all items required as stated on the applicable application form.

Application, Complete. An application that has been deemed complete in accordance with California Government Code Section 65943 (Permit Streamlining Act).

Applied Water. The portion of water supplied by the irrigation system to the landscape.

Approval Authority. The City Council, Planning Commission, or Community Development Director.

Approved Plan. A final plan that has been approved by the appropriate approval authority.

Assessed Value. The assessed value of the structure as shown in the current Riverside County property assessment roll in effect at the time of the occurrence of the casualty, or at the time the repair and maintenance is first conducted.

Assisted Living Facility. See Residential Care Facility.

Aviary. A facility for the keeping of birds.

Attached. Any structure that has an interior wall or roof in common with another structure.

Auction. The sale of new and used merchandise offered to bidders by an auctioneer for money or other consideration.

Awning. A roof-like cover attached to and extending from the wall of a building to provide shielding of windows and/or entrances.

17.265.030 “B” Definitions
Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade or parapet.

Bar. Premises used primarily for the dispensing of alcoholic beverages by the drink for on-site consumption.
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Base Station. The transmission equipment and non-tower support structure at a fixed location that enable FCC-licensed or authorized wireless communications between user equipment and a communications network. A “non-tower support structure” means any legally existing structure (whether built for wireless purposes or not) that supports wireless transmission equipment.

Bed and Breakfast. A business operated in an owner-occupied residence offering short-term rental of overnight accommodations, which provides on-site breakfast service.

Bedroom. A private room for sleeping, separated from other rooms, and accessible to a bathroom without crossing another bedroom.

Berm. A mound of earth or the act of pushing earth into a mound.

Boarding House. A residence or dwelling, other than a hotel, wherein a room or rooms, with or without individual or group cooking facilities, are rented, leased or subleased under two or more separate written or oral rental agreements, leases or subleases, whether or not the owner, agent or rental manager resides within the dwelling unit. Transitional housing and supportive housing, as defined in California Health and Safety Code Sections 50675.2(h) and 50675.14(b)(2), are not boarding houses for the purposes of this Title.

Buffer Area. A strip of land established to protect one type of land use from another land use.

Buildable Area/Building Envelope. The area of a lot remaining after the minimum setback and open space requirements have been met; the area within which primary and accessory structures may be located, unless an encroachment into the setback is otherwise permitted.

Building. Any structure having a roof, or fully enclosed by walls, and intended for the shelter, housing or enclosure of persons, animals, or property.

Building, Accessory. See Structure, Accessory.

Building Height. Building height shall be measured in accordance with Chapter 17.150.020.B (Height Measurement).

Building Permit. Written permission, issued by the City, for the construction, repair, alteration or addition to a structure or building.

Building, Primary. A building in which the principal use is conducted.

Business day. Refers to any day in which normal business operations, Monday through Thursday from 8 a.m. to 5 p.m. local time and excludes weekends and public holidays.

Business Services. Rendering services to business establishments on a fee or contract basis.

17.265.040 “C” Definitions
Canopy. A fixed roofed structure of any material projecting from and connected to a building, column or post or supported by a frame extending from a building and/or post.

Cannabis Business. Any person engaged in commercial cannabis activity as defined in California Business and Professions Code Section 26001.
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Cannabis Distribution Site. A facility where cannabis and cannabis products are stored or inspected by a licensed cannabis distributor for the purposes of distribution and transportation between licensed cannabis businesses.

Caretaker Residence. Separate or attached living quarters, usually including kitchen facilities, for employees living on-site.

Carport. A permanently roofed structure with not more than two enclosed sides, used or intended to be used for motor vehicle shelter and storage.

Cat. A domestic cat of the species Felis catus, including its young or kittens.

Cattery. Any building, structure, enclosure, or premises whereupon, or within which, ten or more cats, four months of age or older, are kept or maintained.

Cattle. All species of bovine.

Cemetery, Mausoleum, Crematory. Property used for the preparation and/or interring of the dead.

Certificate of Compliance. A document issued by the City and recorded by the County Recorder certifying that a specified real property complies with the provisions of the Subdivision Map Act (Government Code Sections 66410 et seq.).

Certificate of Use/Occupancy. A document issued by a governmental authority allowing the occupancy or use of a building and certifying that the structure has been constructed in compliance with all the applicable municipal codes and ordinances.

Electronic, changeable copy sign. A sign, or portion thereof that displays electronic, static text information, defined by a small number of matrix elements using different combination of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic or digital displays. This sign type includes projected messages onto buildings or other objects.

Change of Use. A conversion of use that substantially differs from the previous use of a building or land.

Charging Levels, Electric Vehicles. The standardized voltage at which an electric vehicle battery is recharged.

Child Care Facility. A child daycare facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.

Church. See Religious Facility.

City. The City of Wildomar.

Cluster Development. Development in which the allowable number of dwelling units for a site are placed in closer proximity than usual, or are attached, with the purpose of retaining or protecting open space areas or natural resources.
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Co-Location. The placement or installation of wireless communication facilities, including antennas and related transmission equipment, on an existing and permitted support structure for the purpose of transmitting or receiving radio frequency signals for communications purposes.

Collection Container. Any unattended drop-off box, container, receptacle, or similar facility that is operated by a person, organization for the primary purpose of receiving or storing collected items, including household goods, clothing, or other salvageable personal items.

College. An educational institution authorized by the state, awarding associate or higher degrees.

Commercial Use. An activity involving the sale of goods or services for profit.

Commercial Event Center. A facility located on private property located in a commercial zone district that primarily functions to provide a facility for any type of social gathering and consisting of multipurpose meeting and/or recreational facilities, typically consisting of one or more meeting or multipurpose room and a kitchen and/or outdoor barbecue facilities, that are available for use by various private groups for such activities as meetings, parties, weddings, receptions, and dances.

Commercial Sign. Any sign that is intended to attract attention to a commercial or industrial business.

Commission. The Planning Commission of the City of Wildomar.

Common Open Space. Land within or serving as a part of a development, not individually owned, or dedicated for public use, which is designed and intended for the common use or enjoyment of the occupants of the development.

Community Center. A building used for recreational, social, educational and cultural activities, open to the public or a designated part of the public.

Community Development Department. The Community Development Department of Wildomar, which is responsible for implementing the City's vision and goals for community development and land use as established in the General Plan and Development Code.

Community Development Director. The Community Development Director of the City of Wildomar or their designee.

Community Center. A facility, which may be located on public or private property, that functions primarily to provide a community-centered meeting hall for members of the public to carry out local community-oriented activities and public and civic functions. Examples of such facilities include grange halls, community sponsored meeting halls, and veterans’ halls, typically consisting of one or more meeting or multipurpose room and a kitchen and/or outdoor barbecue facilities, that are available for use by various groups for such activities as public assemblies, meetings, private meetings, parties, weddings, receptions, and dances.

Commercial Event Center. A facility located on private property located in a commercial zone district that primarily functions to provide a facility for any type of social gathering and consisting of multipurpose meeting and/or recreational facilities, typically consisting of one or more meeting or multipurpose room and a kitchen and/or outdoor barbecue facilities, that are available for use by various private groups for such activities as meetings, parties, weddings, receptions, and dances 3133
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Community Garden. The use of land for and limited to the cultivation and tillage of soil for the production, growing, and harvesting of any agricultural, floricultural, or horticultural commodity for public use and access.

Concession or Incentive. A reduction in site development standards or a modification of Development Code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission, as provided in Part

2.5 (the State Building Code commencing with California Health and Safety Code Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements, and in the ratio of vehicular parking spaces that would otherwise be required, that results in identifiable and actual cost reductions to provide for affordable housing costs or affordable rents.

Conditional Use. A use allowed in a particular zone district upon showing that such use will comply with all the conditions and standards as specified in the Development Code and authorized by the approval authority.

Conditional Use Permit. A permit for land use classifications with unusual site development features or operating characteristics requiring special consideration so that they may be designed, located and operated compatibly with uses on adjoining properties and the surrounding area.

Condominium. A building, or group of buildings, in which dwelling units, offices or floor area are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.

Contiguous Property. Those properties which touch property lines of any parcel, including those properties which touch said property lines of a subject parcel when such lines are projected across public or private rights-of-way, easements, roads or streets, including property owned by a public agency in fee title.

Convenience Store. Any small retail establishment offering for sale prepackaged food products, household items, newspapers, magazines, sandwiches and/or prepared foods for off-site consumption.

County. The County of Riverside, California.

Covenants, Conditions, and Restrictions (CC&R’s). A term used to describe restrictive limitations that may be placed on property and its use, and which usually are made a condition of holding title or lease.

Coverage, Lot. That portion of the lot that is covered by buildings, sidewalks, driveways, or other impervious surface, expressed as a percentage of total lot area.

Coverage, Building. The area of a parcel covered by a structure or structures, expressed as a percentage of the total lot area.

Crowing Fowl. Roosters, peacocks, turkeys, and guinea fowl. 3134
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17.265.050 “D” Definitions
Day Care Centers. Establishments providing nonmedical care for persons on a less than 24-hour basis other than in a family day care home (see Family Day Care Home). This classification includes nursery schools, preschools, and day-care facilities for children or adults, and any other day-care facility licensed by the State of California. Also as defined in Business and Professions Code Section 26001(o) and California Health and Safety Code Section 1596.76.

Days. Shall always be consecutive calendar days, unless otherwise stated. Dedication. The transfer of property, such as streets and roads or other public usage, to a public agency or utility for specific purposes.

Density. The number of dwelling units, households, or housing structures per acre of land based on the specific general plan land use designation.

Density Bonus. A density increase over the specific general plan or land use designation maximum allowable as of the date of application by the applicant to the City.

Density Transfer. The transfer of all or part of the permitted density from one parcel to another parcel.

Detached. Any building or structure that does not have a wall or roof in common with any other building or structure.

Developer. The legal or beneficial owner or owners of property to be developed or being developed, including the holder of an option or contract to purchase or other person(s) having enforceable proprietary interests in such property.

Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

Development Agreement. A contract between the City and a developer through which the developer receives vested rights to construct a project subject to specific requirements benefiting the community.

Development Code. A set of land use and development regulations, as contained in Title 17 of the Wildomar Municipal Code, as adopted by the City Council which prescribes standards and regulations for land use and development.

Development Review, Minor. The process established to provide for administrative review and approval (or denial) of projects.

Development Review, Major. The process established to provide for Planning Commission review and approval (or denial) of projects.

Development Rights. The legally established right to develop land by a party or property owner.

Development Standard. A site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to 3135
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any ordinance, General Plan element, specific plan, or other city condition, law, policy, resolution or regulation.

Director. The Community Development Director of the City of Wildomar or their designee.

Disabled, or Individual with a Disability. An individual with a qualifying disability under federal and state fair housing laws. Generally, any person with any mental or physical impairment, disorder or condition, which substantially limits one or more major life activities, including physical, mental and social activities and working. "Disabled" or "individual with a disability" does not include impairments, disorders or conditions resulting from the current, illegal use of or addiction to a controlled substance, sexual behavior disorders, compulsive gambling, kleptomania, or pyromania.

Discretionary Decision. An action taken by a governmental agency that calls for the exercise of judgment in deciding whether to approve and/or how to carry out a project.

District. A zone or geographic area in the municipality within which certain zoning or development regulations apply.

Dog. An animal, domestic dog of the species canine of either sex, altered or unaltered, that has reached the age of four months.

Drainage. Surface water runoff; the removal of surface water or groundwater from land by drains, grading or other means, which include runoff controls to minimize erosion and sedimentation during and after construction or development.

Drainage Area. A geographical area, formed by topography, which collects and directs surface runoff from precipitation to natural or man-made channels.

Drive-through. Any portion of a building or development intended to allow service direct from the building through a window, kiosk or automated delivery system to vehicle occupants. Such facilities include but are not limited to food service windows, automatic teller machines or similar service systems.

Driveway. A roadway providing direct access for vehicles between a street or highway and an area containing parking spaces, loading, storage or refuse collection areas.

Dwelling. A structure or portion thereof which is used for human habitation, including provision for living, sleeping, eating, cooking and sanitation.

Single Family, Attached. A dwelling unit designed for occupancy by one household, located on a single lot and typically grouped together with similar units. They may be attached through vertical party wall(s) to one or more dwellings on abutting lots or may be joined by carports or garages.

Single Family, Detached. A dwelling unit designed for occupancy by one household and located on a separate lot from any other dwelling, except permitted accessory dwelling units. This classification includes individual manufactured housing units installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code.

Duplex. A single building on a lot that contains two dwelling units or two single-unit dwellings on the same lot. Duplex does not include a single family dwelling with an accessory dwelling unit 3136
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on the same lot, which is an accessory residential unit as defined by State law and this Title (see Accessory Dwelling Unit).

Multiple Family. A single building on a lot that contains three or more dwelling units or three or more single-unit dwellings on the same lot, or any combination thereof.

17.265.060 “E” Definitions
Easement. A right to cross or otherwise use land for a specified purpose. Eave. The projecting lower edges of a roof overhanging the wall of a building.

Edge of a right-of-way. A measurement from the edge of a right-of-way horizontally along a line normal or perpendicular to the centerline of the freeway or highway.

Educational Institution. An institution conducting academic instruction at the preschool, elementary school, junior high school, high school or college level.

Election Period. The period of time 90 days prior to and 10 days after any local, state, regional or national official election.

Electronic Graphic Display Sign. A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects.

Electronic Message Sign. An electronic sign, typically comprising a liquid crystal diode (LCD), light emitting diode (LED), plasma, or other digital illuminated sign that displays one or more messages.

An electronic message sign is different from an illuminated sign in that the illumination of the display creates the message, rather than illumination illuminating the message. An electronic message sign could be used as a message delivery method for a wall sign, a monument sign or other freestanding sign.

Elevation. A vertical distance above or below a fixed reference level; a dimensioned drawing of the front, rear or side of a building showing features such as windows, doors and relationship of grade to floor level.

Emergency Shelter. A temporary, short-term residence providing housing with minimal supportive services for families or individuals experiencing homelessness, where occupancy is limited to 180 days or less, as defined in California Health and Safety Code Section 50801. Medical assistance, counseling, and meals may be provided.

Emission. A discharge into the air or water.

Enclosure. A fence, pen or structure suitable to securely and humanely prevent the animal from escaping or the entry of unauthorized persons.
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Enclosed Locked Structure. A structure that: (1) does not allow for the visibility of the interior areas from the outside; (2) is secured with a lock; (3) is completely surrounded on all sides by a wall; and (4) is roofed. Enclosed locked structures may include greenhouses, provided that only the roof of the greenhouse is made of transparent glass.

Encroachment. The placement or construction of a fence, building, structure, or other improvement or use on another’s property or on a public right-of-way.

Equipment Enclosure. Any freestanding or mounted structure, shelter, cabinet, or vault used to house and protect the electronic and supporting equipment necessary for processing wireless communication signals. Supporting equipment includes, but is not limited to, air conditioners, emergency generators, and other back-up power suppliers.

Established Facility. An existing, legally permitted facility.

Estimated Applied Water Use. The average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the Guidelines. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system. Also known as the "EAWU." Evapotranspiration Adjustment Factor. The local reference for evapotranspiration using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area. It is calculated by dividing. Also known as the "ET adjustment factor" or "ETAF."
Event. A gathering of more than 20 people for one to 12 hours where the purpose is for fundraising, profit or is political, public, social, or educational in nature. A gathering which consists of friends or family of an event center owner that is not for the purpose of fundraising, profit, or is political, public, or educational in nature and no donation or compensation of any kind is exchanged in relationship to the gathering, is not considered an event
Expansion. The creation or use of additional land or floor area for a specific use or activity. Extension.

An increase in the amount of time that a permit or approval may be valid.

17.265.070 “F” Definitions
Façade. The exterior walls of any building.

Fair Housing Laws. The Federal Fair Housing Act (42 U.S.C. Section 3601 et seq.), the California Community Care Facilities Act (California Health and Safety Code Section 1500 et seq.), the California Fair Housing and Employment Act (Government Code Section 12900 et seq.), and Civil Code Section 54, together with published judicial decisions interpreting those laws.

Family. One or more persons living together in a dwelling unit, with common access to and common use of all living, kitchen and eating areas within the dwelling unit.

Family Day Care Home. State-licensed facilities that provide nonmedical care and supervision of minor children for periods of less than 24 hours within a single-family dwelling. 3138
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Small. The occupant of the residence provides care and supervision for up to eight or fewer children, when specific conditions are met in accordance with California Health and Safety Code Section 1597.44.

Large. The occupant of the residence provides care and supervision for between nine and up to 14 children, when specific conditions are met in accordance with California Health and Safety Code Section 1597.465.

Farm Operations, Commercial. See Agricultural Operations, Commercial.

Farm Operations, Noncommercial. See Agricultural Operations, Noncommercial.

Farmers’ Market. An outdoor market where farmers and other producers of agricultural and related foodstuffs and products (including, but not limited to, bread, cheese, and hand-made crafts such as seasonal goods, ornaments, hand-dipped or rolled candles, hand-made soap) may bring the products for sale to the public.

Fence. An exterior physical barrier erected to enclose, screen or separate areas.

Flag. The symbol, insignia or display of a governmental or nonprofit organization when not displayed in connection with a commercial promotion or used as an advertising mechanism.

Floor Area, Gross. The sum of all areas of the floors of a building or structure from the exterior face of exterior walls, or from the centerline of a wall separating two buildings but excluding any space where the floor-to-ceiling height is less than 6 feet.

Floor Area, Net. The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading, and all floors below the first or ground floor, except when used or intended to be used for human habitation.

Floor Area Ratio. The net floor area of all buildings on a parcel to the total adjusted lot square footage of that parcel. FAR calculations do not include floor areas for parking structures or outdoor open storage.

Food or Food Products. Any item described by California Health and Safety Code Section 113781.

Food Trailer. A legally attached trailer to a licensed, motorized vehicle, used in conjunction with the service of a commissary, or other permanent food facility upon which prepackaged or approved nonprepackaged food is sold, offered for sale or otherwise distributed as retail.

Food Truck. A licensed, motorized vehicle or mobile food unit licensed by the Department of Motor Vehicles, designed and equipped to prepare, or serve, and sell food, and temporarily stored in a location where food items are sold to the general public.

Footprint, Building. The outline of a building at all of those points where it meets the ground.

Freestanding Sign. Any sign which is supported by one or more columns or uprights imbedded in the ground, and which is not attached to any building or structure.

Freeway. A divided arterial highway for through traffic with full control of access and with grade separations at intersections.
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Frontage. See Lot Frontage or Yard, Front.

Funeral Home, Mortuary. A building used for the preparation of the deceased for burial or cremation and the display of the deceased and ritual connected therewith before burial or cremation.

17.265.080 “G” Definitions
Garage. A building or a parking structure, or part thereof, used or intended to be used for the parking and storage of vehicles.

Garage, Private. A garage used exclusively for the parking and storage of vehicles owned by residents of nearby dwelling units and their guests, which is not operated as a commercial enterprise and is not available to the public and which is owned, leased or cooperatively operated by such residents.

General Plan. The City of Wildomar General Plan as adopted by the City Council.

Glare. The effect produced by brightness sufficient to cause annoyance, discomfort or loss of visibility.

Golf Driving Range. A commercial recreational use, or accessory use to a golf course, where persons may practice long distance shots.

Goods or Merchandise. Any item that is not food or a food product and can be sold and immediately obtained from a sidewalk vendor. Items for rent, subscription plans, and other services shall not be considered goods or merchandise. For example, tangible items such as T-shirts and cameras are appropriate for sale as merchandise; however, cell phone service is not acceptable.

Governing Body. The local governing unit empowered to adopt and implement regulations to provide for the public health, safety, and general welfare of its citizenry.

Government(al) Agency. Any department, commission, independent agency or instrumentality of the United States, or a state, county, incorporated local municipality, authority, district, or any other agency so recognized as a governmental unit.

Government Facility. Offices and support facilities for any seat of any federal, state, county or City agency, or special district providing services to the general population.

Greenhouse. A building with roof and sides made largely of transparent or translucent material used for the cultivation of plants.

Ground Floor. The first floor of a building other than a cellar or basement.

Group Home. Any boarding house that provides temporary, interim, or permanent housing to individuals where every person residing in the dwelling is an individual with a disability, and the individuals are not living as a single housekeeping unit. State-licensed residential care facilities, as defined in Section 17.205, are not group homes for the purposes of this chapter Group Home, Large. A group home in which seven or more individuals reside.

Group Home, Small. A group home in which six or fewer individuals reside. 3140
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Guest Living Quarter. A building, generally detached from a primary building, which contains no cooking facilities, and which is used principally for temporarily housing members of the single family household and their nonpaying guests. Guest living quarters also may be known as casitas. A guest living quarter is not an accessory dwelling unit.

Guidelines. Referring to the Guidelines for Implementation of the Water Efficient Landscape Ordinance, as approved by the City, which describes procedures, calculations, and requirements for landscape projects subject to this chapter.

17.265.090 “H” Definitions
Habitable Structure. A structure which includes habitable space for living, sleeping, eating, and cooking. Closets, halls, storage or utility space, and similar areas are not considered habitable space.

Handicapped Person. A person who may be classified as having a physical impairment that manifests itself in one or more of the following ways: non-ambulatory; semi-ambulatory; visually impaired, deaf, or hard of hearing; having faulty coordination; and having reduced mobility, flexibility, coordination, or perceptiveness due to age or physical or mental conditions.

Hardscape. Any durable material or feature (pervious and non-pervious) installed in or around a landscaped area, such as pavements, paths, or walls. Pools and other water features are considered part of the landscaped area and are not considered hardscape.

Health Studio. An establishment that provides exercise facilities for use on-site.

Height. The highest point of the structure or sign measured from the average natural ground level at the base of the supporting structure.

Highway. Roads, streets, boulevards, lanes, courts, places, commons, trails, ways or other rights-ofway or easements used for or laid out and intended for the public passage of vehicles or persons.

Home-Operated Business. A commercial or service activity conducted at a dwelling, incidental and accessory to the residential use of the dwelling, which does not change the character of the dwelling or surrounding area by generating more traffic, noise, odor, or storage of material than would be normally associated with a residential zone.

Home-based business. Related activities to the home-operated business that are conducted entirely within the residence.

Home-Based Business. Related activities to the home-operated business may be conducted outside or within a partially enclosed structure.

Homeowner-Installed. Any landscaping either installed by a private individual for a single-family residence or installed by a licensed contractor hired and paid directly by a homeowner.

Homeowner. A person who occupies the dwelling they own. This definition excludes speculative homes, which are not owner-occupied dwellings, and which are subject under this chapter to the requirements applicable to developer-installed residential landscape projects. 3141
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Homeowners Association. An association of owners in a condominium, planned unit development or residential subdivision established to provide management of property in which they own an undivided, common interest.

Hospitals and Clinics. State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs as well as training, research, and administrative services for patients and employees. This classification excludes animal hospitals and veterinary clinics.

Horse. Animal of the Equus genus, including mule, ass, donkey, and miniatures Hospital. A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

Clinic. A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight.

Substance Abuse Treatment Clinic. A non-residential facility that administers medication, or supervises the self-administration of medication, for substance abuse treatment.

Hotel. A lodging facility offering transient accommodations to the public, typically on a less than monthly basis, and which may provide additional services, such as restaurants, meeting rooms and recreational facilities.

Hydrozone. A portion of the landscaped area having plants with similar water needs and typically irrigated by one valve/controller station. A hydrozone may be irrigated or non-irrigated.

17.265.100 “I” Definitions
Illegal on-Site Advertising Structure or Sign means any of the following:

1. An on-site advertising structure or sign erected without first complying with all applicable City ordinances and regulations in effect at the time of its construction, erection or use;

1. An on-site advertising structure or sign that was legally erected, but whose use has ceased, or the structure upon which the advertising display is placed has been abandoned by its owner, and not maintained or used to identify or advertise an ongoing business for a period of not less than 90 days;

2. An on-site advertising structure or sign that was legally erected which later became nonconforming as a result of the adoption of an ordinance; the amortization period for the display provided by the ordinance rendering the display nonconforming has expired; and conformance has not been accomplished.

Illegal Outdoor Advertising Display means any of the following:
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1. An outdoor advertising structure or outdoor advertising sign erected without first complying with all applicable City ordinances and regulations in effect at the time of its construction, erection or use;

2. An outdoor advertising structure or outdoor advertising sign that was legally erected but whose use has ceased, or the structure upon which the advertising display is placed has been abandoned by its owner, and not maintained or used for a period of not less than one year;

3. An outdoor advertising structure or outdoor advertising sign that was legally erected which later became nonconforming as a result of the adoption of an ordinance; the amortization period for the display provided by the ordinance rendering the display nonconforming has expired; and conformance has not been accomplished;

4. An outdoor advertising structure or outdoor advertising sign which does not comply with this chapter, the outdoor advertising display permit referenced in Chapter 17.115, the State Outdoor Advertising Permit referenced in Chapter 17.115 or any related building permit;

5. An outdoor advertising structure or outdoor advertising sign which is a danger to the public or is unsafe.

Impact. The effect of any direct man-made actions or indirect repercussion of man-made actions on existing physical, social or economic conditions.

Impervious Surface. A surface through which water cannot penetrate, such as roof, road, sidewalk, or paved parking lot.

Individual with a Disability. Someone who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having such impairment, or anyone with a record of such impairment.

Industrial. The manufacture, production and/or processing of consumer goods. See also Manufacturing.

Infrastructure. Public facilities needed to sustain industry, residential, commercial and other land use activities.

Intensification of Use. A change to the existing use of a property which results in a change or increase in vehicular or pedestrian traffic or an increase in parking requirement, or induces additional environmental impacts, including but not limited to noise, light, glare, vibration, traffic, water quality, air quality or aesthetics.

Intensity of Use. The number of dwelling units per acre for residential development and floor area ratio (FAR) for residential or nonresidential development such as commercial, office and industrial development.

Intersection. The location where two or more roadways cross at the same grade.

Irrigation Efficiency. The measurement of the amount of water beneficially used divided by the amount of water applied to the landscaped area. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. Also known as “IE.” 3143
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17.265.110 “J” Definitions
Junk. Any scrap, waste, reclaimable material or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled or disposed of.

Junk Yard. The use of any lot or parcel of land for outside storage, wrecking, dismantling or salvage of any used or secondhand materials, including but not limited to lumber, auto parts, household appliances, pipe, drums, machinery, or furniture.

17.265.120 “K” Definitions
Kennel. Any building, structure, enclosure, or premises whereupon, or within which, five or more dogs, four months of age or older, are kept or maintained.

Kitchen. Any room, all or part of which is designed and/or used for storage, refrigeration, cooking and the preparation of food. The presence of a range or oven, or utility connections suitable for servicing a range or oven, shall normally be considered as establishing a kitchen.

17.265.130 “L” Definitions
Landscape Architect. A licensed landscape architect in the State of California.

Landscaped Area. All the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance and estimated applied water use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscape, and other nonirrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

Landscape Construction Document Package. The construction plans and specification and other supporting documentation required to review and approve landscape construction projects subject to this chapter.

Landscape Plan. A plan on which shows proposed landscape species (such as number, spacing, size at time of planting, and planting details), proposals for protection of existing vegetation during and after construction, proposed treatment of hard and soft surfaces, proposed decorative features, grade changes, buffers and screening devices, and any other information that can reasonably be required in order that an informed decision can be made by the approval authority.

Landscape Rehabilitation. Any re-landscaping project that meets the applicability criteria of Section

17.165.030(A) of this chapter and where the modified landscape area is greater than 2,500 square feet or where the cumulative modified area is greater than 2,500 square feet if the modifications are planned to occur incrementally within one year.

Land Use. A description of how land is occupied or utilized.

Land Use Permit. A permit issued by the City pursuant to the requirements of the Wildomar Municipal Code allowing a specific activity to be conducted on an individual property.

Legislative Act. The means by which the legislative arm of government renders decisions, such as minute actions, resolutions and ordinances.
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Limited Access Area. A building, room or other area that is part of the premises where cannabis is grown, cultivated, stored, weighed, displayed, packaged, or sold to other cannabis businesses with limited access to only authorized personnel.

Live Entertainment. Entertainment provided by or one or more professionals and utilizing sound amplification equipment.

Living Area. The area that is considered habitable living space. Does not include the garage, patios or screened enclosures.

Loading Space. An off-street space or berth used for the loading or unloading of cargo, products or materials from vehicles.

Local License. A license granted by the local licensing authority pursuant to Chapter 5.76 of this Code.

Local Licensing Authority. The City Manager or designee.

Lot. Any parcel of real property approved by a record of survey, plat, parcel map, subdivision map, or certificate of compliance, or any parcel legally created or established pursuant to the applicable zoning or subdivision regulations in effect prior to the effective date of application of Title 17 to such parcel.

Corner. A lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135 degrees.

Flag. A lot which utilizes a narrow strip as its means of providing frontage on a street and/or providing access to the lot.

Interior (Typical). A lot other than a corner lot.

Reverse Corner Lot. A lot, the rear of which abuts the side of another lot.

Substandard. A parcel of land that has less than the required minimum area or dimensions.

Through. A lot that fronts upon two streets that do not intersect at the boundaries of the lot.

Lot Area, Gross. The total area of a parcel within the lot lines of a lot, and which is measured to the centerline of any adjacent street.

Lot Area, Net. The total area within the lot lines of a lot, excluding any street rights-of-way, and other non-buildable areas.

Lot Coverage. See Coverage, Lot.

Lot Depth. The average distance measured from the front lot line to the rear lot line.

Lot Frontage. The length of the front lot line measured at the street right-of-way line. For flag lots, that portion of a lot, not including the pole portion, that is generally parallel to the access street.

Lot Line. A line of record bounding a lot that divides the lot from another lot or from a public or private street or any other public space.
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Front. The lot line parallel to the street. On a corner lot, the shorter lot line abutting a street, or the line designated as the front lot line by a subdivision or parcel map. On a flag lot, the interior lot line most parallel to the nearest street from which access is obtained.

Interior. A lot line which does not abut a street.

Rear. The lot line which intersects a side lot line, and which is most distant from and most closely parallel to the front lot line.

Side. Any lot line other than a front or rear lot line.

Lot Width. The horizontal distance between the side lines, measured at the required front setback line.

Lot of Record. A lot that exists as shown or described on a recorded plat or deed in the records of the County Recorder.

17.265.140 “M” Definitions
Major Transit Stop. A site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods pursuant to Public Resources Code Section 21155(b).

Manufactured Home. A factory-built structure that is manufactured or constructed under authority of 42 U.S.C. Sec. 5403, National Manufactured Housing Construction and Safety Standards Act of 1974, and/or California law and is to be used as a place for human habitation. The structure is manufactured either in whole or in substantial part at an off-site location, transported to the site, assembled on-site, and placed on a permanent foundation. For the purpose of Title 17 , a manufactured home shall be considered the same as any site-built, single-family detached dwelling.

A manufactured home is not inclusive of a mobile home unless the mobile home has been converted to real property and is taxed as a site-built dwelling.

Manufacturing. To assemble, fabricate, compound, process, treat or remanufacture.

Manufacturing, Handcrafted. On-site production, within an enclosed structure, of goods by hand manufacturing that involves the use of hand-tools and small-scale, light mechanical equipment (e.g., drills and saws; hammers and chisels; paint brushes and sprayers; pottery wheels and kilns; sewing machines; spinning wheels; welding) and that has no negative external impacts on surrounding properties. Handcraft manufacturing also includes the incidental direct sale to consumers of those goods produced on-site. Handcraft manufacturing does not include specialized retail uses (see Retail, Specialized).

Manufacturing Site. The premises where persons engage in the manufacture of products.

Maximum Allowable Residential Density (or Base Density). The maximum number of units allowed under the Zoning Ordinance, specific plan, or land use element of the General Plan, or if a range of density is permitted, the maximum number of units allowed by the specific zoning range, specific plan, or land use element of the General Plan applicable to the project. 3146
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Maximum Applied Water Allowance. The upper limit of annual applied water for the landscaped area.

It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. Also known as "MAWA."
Maximum Height. The highest point of the structure or sign measured from the average natural ground level at the base of the supporting structure. “maximum height” shall mean the height measured from the average adjacent finish grade (excluding artificial berms and raised planters) to the uppermost portion of the border of the surface area of the sign, except that:

1. Structural supports and non-sign architectural features may project above the maximum height limit to the limits prescribed in the applicable zoning ordinances; and

2. Signs affixed to the building may be placed at any height as long as the sign conforms to the other regulations of this Title.

Light-Intensity Manufacturing. The manufacturing, assembling, processing, storage or packaging of products, including:

1. The manufacturing of electric and electronic circuits and instruments and devices, such as, but not limited to, radio and television, phonographic equipment, calculators, computers, semi-conductors and transistors, and similar uses.

2. The manufacturing, assembly, processing, storage, or packaging of products from previously prepared materials such as, but not limited to, cloth plastic, paper, leather, and precious or semi-precious metals or stones.

3. The manufacturing of pharmaceutical products.

Light-intensity manufacturing does not include such operations as saw and planing mills, any manufacturing uses involving primary production of wood, metal or chemical products from raw materials and similar uses, uses involving the manufacturing, processing, storage or packaging of petroleum, and heavy agricultural products or other hazardous materials, or vehicle-dismantling yards, scrap and waste yards.

Medium-Intensity Manufacturing. Any manufacturing, storage, and distribution that does not include hazardous wastes or result in large truck usage/parking on the site.

Heavy-Intensity Manufacturing. The manufacturing, assembly, processing, storage, or packaging of products involving chemicals, petroleum, and heavy agricultural products or other hazardous materials.

Medicinal and Adult-Use Cannabis Regulation and Safety Act or "MAUCRSA.” Division 10 of the California Business and Professions Code.

Membership Club. A group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and/or dues, regular meetings, and a constitution and bylaws. 3147
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Membership Organization. A group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals, and formal written membership requirements.

Metal Shipping Container. Any metal container designed, built as, or formerly used for transporting seagoing cargo.

Mined-Land Reclamation Projects. Any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

Ministerial Decision. An action taken by a governmental agency that calls for only objective determinations in deciding whether to approve and/or how to carry out a project.

Mitigation. Methods used to alleviate or lessen the impact of development.

Mobile Food Truck. Motorized vehicles that function as transportable retail food and beverage facilities. This use includes mobile food trucks that provide sales to the public of food and beverage (pre-packaged or prepared and served from the vehicle or an attached trailer) for consumption on or off of the premises.

Mobile Food Vendor. A person or business that operates or assists in the operation of a vending vehicle.

Mobile Home. A trailer that is transportable in one or more sections, was built before the enactment of 42 U.S.C. Sec. 5403, National Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976, is over eight feet in width and 40 feet in length and is sited with or without a permanent foundation. Mobile home does not include recreational vehicle, commercial coach, or factory built housing.

Mobile Home Park. Any area or tract of land where two or more lots are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium or other form of resident ownership, to accommodate mobile homes used for human habitation. The rental paid for a mobile home shall be deemed to include rental for the lot it occupies.

Mobile Outdoor Advertising Sign. The use of a moving trailer, automobile, truck, or any other vehicle to display a commercial or noncommercial sign primarily for advertising purposes.

Model Home Complex. Residential units used as a temporary sales office to illustrate the design of the units to potential homebuyers.

Modification. A change or alteration to an approved permit or plan.

Monopole. A vertical, un-guyed structure erected on the ground to support an antenna.

Motel. An establishment providing transient sleeping accommodations with most rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

Motor Vehicle. A vehicle that is self-propelled by a motor or engine. Multiple Family Dwelling. See Dwelling, Multiple Family.

Multifamily Dwelling. The definition is set forth in California Government Code Section 65863.4(d). 3148
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Multi-Vision Sign. A sign composed in whole or in part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one or two or more images.

Museum. A building or room, or any grouping thereof, open to the public, used to exhibit works of art or displays of historic objects, scientific objects or memorabilia.

17.265.150 “N” Definitions
New landscape. A new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building for this chapter.

Nightclub. An establishment dispensing liquor with or without meals and in which music, dancing or entertainment is featured.

Noise Attenuation. Reduction of noise level using a substance, material or surface, such as earth berms and/or solid concrete walls.

Nonconforming Lot. A lot, the area or dimensions of which was lawful and legally established prior to the adoption, revision or amendment of the Development Code but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the Development Code.

Nonconforming Structure. Any lawfully established structure or portion thereof that, due to an amendment to the Zoning Code adopted subsequent to the establishment of the structure, does not comply with all of the zoning regulations applicable to the structure.

Nonconforming Use. Any lawfully established use that, due to an amendment to the Zoning Code adopted subsequent to the establishment of the use, does not comply with all of the zoning regulations applicable to the use.

Noncommercial Message. Any wording, logo or other representation that does not directly or indirectly, name, advertise or call attention to a commercial or industrial business, product, good, service, or other commercial or industrial activity.

Noncommercial Sign. A sign that does not name, advertise or call attention to a commercial or industrial business, commodity, product, good, service, or other commercial or industrial activity for a commercial or industrial purpose.

Nonconforming Structure or Building. A structure or building, the size, dimension, or location of which was lawful and legally established, prior to the adoption, revision, or amendment of the Development Code but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the Development Code.

Nonconforming Use. A use or activity that was lawful and legally established prior to the adoption, revision, or amendment of the Development Code, but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the Development Code.

Non-Crowing Fowl. Poultry other than crowing fowl.
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Nonresidential Zone. The following zones are considered non-residential zone classifications: C-G, C-H, M-I, O-S, and PF.

Nuisance. An interference with the enjoyment and legal use of property, including any act, condition or thing that is illegal and/or interferes with the rights of the public generally.

17.265.160 “O” Definitions
Occupancy or Occupied. The residing of an individual(s) overnight in a dwelling unit or the storage or use of equipment, merchandise, or machinery in any building.

Occupancy Permit. See Certificate of Use/Occupancy.

Off-Site. Located outside the lot lines of the lot in question.

Off-Site Improvements. Improvements required as a result of development and including but not limited to curb, gutter, sidewalk, road widening and upgrading, stormwater facilities and traffic improvements.

Off-Site Parking. Parking provided for a specific use but located on a site other than the one on which the specific use is located.

Off-Site Sign means either:

1. A commercial sign not located on the site of the business or entity indicated or advertised by the sign, or a commercial sign advertising a commodity, good, product, service or other commercial or industrial activity which originates on a site other than where the sign is maintained.

2. On-site sign. Any sign which directs attention to an occupancy, business, commodity, good, product, service or other activity conducted, sold, or offered upon the site where the sign is maintained. For the purposes of this chapter, all signs with noncommercial messages are deemed to be “on-site,” regardless of location.

Operator. Any entity(ies) or person(s) who owns, manages, or operates a service, business, institution, or residential facility.

Outdoors. Any location within the City that is not within an enclosed locked structure.

Outdoor Advertising Display. An off-site sign, outdoor advertising structure, outdoor advertising sign, or mobile outdoor advertising sign used for outdoor advertising purposes, including, but not limited to, off-site real estate/new home development signs advertising developments outside the City, but not including on-site advertising signs as defined in this chapter and directional sign structures as provided in Title 17.

Outdoor Advertising Sign. Any card, cloth, paper, metal, painted, plastic or wooden sign of any character placed for outdoor advertising purposes and affixed to an outdoor advertising display or structure.

Outdoor Advertising Structure. A structure of any kind or character erected, used or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement 3150
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of any kind whatsoever may be placed, including statuary, for outdoor advertising purposes. Such structure shall be constructed or erected upon a permanent foundation or shall be attached to a structure having a permanent foundation.

Outdoor Sales. The display and sale of products and services outside of a building or structure.

Outdoor Storage. The keeping, in an unenclosed area, of any goods, junk, material, merchandise or vehicles in the same place for more than 24 hours.

Outdoor Temporary Parking Lot dining. A use of an adjacent, outside area by a food or beverage establishment for the same eating and drinking activities that occur within the establishment.

17.265.170 “P” Definitions
Parade. A parade, demonstration, procession, march, review, ceremony, rally or exhibition which is conducted in, on, upon or along any portion of any public street, sidewalk or other public property owned or controlled by the city which would impede, obstruct, impair or interfere with the free use of the public street, sidewalk or other public property, often to support or oppose a specific issue.

Parapet. The extension of the main walls of a building above the roof level.

Parolee-Probationer. (1) any individual who has been convicted of a federal crime, sentenced to a United States prison, and received conditional or revocable release into the community under the supervision of a federal parole officer; (2) any individual who has served a term of imprisonment in a state prison and who is serving a period of parole supervision or post release community supervision under the jurisdiction of the California Department of Corrections; (3) any individual who has been convicted of a felony, sentenced to any correctional facility, including county correctional facilities, and is under the jurisdiction of any federal, state, or county parole or probation officer; or (4) any person released to post release community supervision under the "Postrelease Community Supervision Act of 2011" (Penal Code Section 3450 et seq.). For purposes of this paragraph "felony" means a felony as defined in any California or United States statute.

Parolee-Probationer Home. any boarding house, whether owned or operated by an individual or a forprofit or nonprofit entity, which houses two or more parolee-probationers not living as a single housekeeping unit, in exchange for monetary or nonmonetary consideration given and/or paid by the parolee-probationer and/or any public or private entity or person on behalf of the paroleeprobationer.

Parcel. See Lot.

Parcel Map. A map showing a subdivision of four or less parcels for which a tentative and final map are required by the Subdivision Map Act, prepared in accordance with the provisions of the Subdivision Map Act, and designed to be filed for recordation in the Office of the County Recorder.

Park. A tract of land designated and used by the public for active and/or passive recreation.

Park and Ride. A system where participants drive to a central location to carpool or gain access to public transportation to another location.

Parking Lot. An off-street, ground-level open area, usually improved, for the temporary storage of motor vehicles.
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Parking, Shared. Joint use of a parking area for more than one use.

Parking Space. A clearly defined location for the parking of a motor vehicle in a public or private parking area.

Parking Space, Covered. An accessible and usable covered space of not less than 10 by 20 feet for storage of automobiles. Such covered parking space to be so located on the lot as to meet the requirements of this Title for an accessory building or, if attached to the primary building, to be so located as to meet all the requirements of this Title for a primary building.

Parkway. The area of a public street between the curb and the adjacent property line or physical boundary definition such as fences or walls, which is used for landscaping and/or passive recreational purposes.

Party Wall. A dividing partition between two adjoining buildings (or units) that is shared by the tenants of each residence or business.

Passageway. A pedestrian pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

Permanent Foundation. Concrete or other semi-permanent material used to affix a sign to the ground.

Permit. Written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.

Permitted Use. Any use allowed in a zone district and subject to the restrictions applicable to that zone district.

Personal and Professional Services. Establishments providing non-medical services to individuals as a primary use. May also include accessory retail sales of products related to the services provided.

Pet. Any animal that is kept and cared for, for companionship, protection, or adornment of a home.

Pets shall include but not be limited to: dogs, rabbits, cats, caged homing pigeons, nonpoisonous insects, ornamental or songbirds, fish, nonpoisonous snakes under 6 feet long, domesticated hedgehogs, or small animals kept in a cage such as hamsters, lizards, white mice, domestic rodents, or reptiles. Pets shall not include horses, pigs of any type, large or small livestock, or exotic animals.

Petting Zoo. A collection of farm animals, such as goats, ducks, and sheep, and sometimes docile wild animals such as turtles or deer, for children to feed and pet.

Pervious. Any surface or material that allows the passage of water through the material and into the underlying soil.

Physically Disabled. A person who has a permanent loss of, or loss of use of, a part of the body, or permanent impairment of a body function, resulting in actual disability and a diminished ability to compete in an open market.

Pig. All species and sizes of pigs and hogs, genus Sus.

Plant Factor (or Plant Water Use Factor). A factor, when multiplied by reference evapotranspiration, estimates the amount of water needed by plants. (The plant factors cited in this chapter are derived 3152
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from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species" also known as "WUCOLS.")
Planning Department. See Community Development Department. Planning Director. See Community Development Director.

Plat. A map representing a tract of land showing the boundaries and location of individual properties and streets; a map of a subdivision or site plan.

Plaza. An open space which is improved and landscaped, usually surrounded by streets and/or buildings.

Plot. A single unit parcel of land; a parcel of land that can be identified and referenced to a recorded plat or map.

Porch. A roofed open area, which may be screened, usually attached to or part of and with direct access to or from a building.

Poultry. Winged and feathered animals including, but not limited to, chickens, hens, roosters, ducks, geese, and turkeys. Includes both crowing fowl and non-crowing fowl.

Premises. Any dwelling, parcel of land, structure, residence, building, pen, corral, enclosure, fenced yard, or dog run.

Prezoning. The process or action by which cities are able to designate that portion of an unincorporated area for future annexation, with specific zoning districts which will apply upon annexation of the property to the City.

Primary Building. See Building, Primary. Primary Use. See Use, Primary.

Private Recreational Facilities. Facilities including but not limited to country clubs, tennis and swim clubs, golf courses, racquetball and handball facilities, and commercial uses which are commonly associated and directly related to these uses.

Processing. A method that changes a material’s nature, chemical composition, or physical qualities.

Professional Office. The office of a member of a recognized profession maintained for the conduct of that profession.

Prohibited Use. See Use.

Project, Non-Subdivision. The total development, not including subdivision of land, within the boundaries as defined on the plan for development.

Project. The total development, including subdivision of land, within the boundaries as defined on the plan for development.

Projection. That part of a building or structure which extends beyond the main wall of a building.

Property. A piece or parcel of land or real estate, including buildings and easements.

Public Property. Property owned by a governmental agency or held open to the public, including, but not limited to, parks, streets, sidewalks and alleys.
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Public Areas. Parks, playgrounds, trails, paths, recreation areas, open spaces, scenic and historic sites, schools and other buildings and structures for public use.

Public Improvement. Any improvement or facility, together with the right-of-way necessary to provide transportation, drainage, utilities or other facilities that are usually owned, operated and/or maintained by a government agency.

Public Right-of-Way. An area or strip of land, either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both.

Public Utility. An agency that provides electricity, gas, communications, transportation, water, sewage collection or other similar service deemed necessary for the public health, safety and welfare. See also Utility Service.

17.265.180 “Q” Definitions
Qualified Nonprofit Housing Corporation” is a nonprofit housing corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low income families who participate in a special no-interest loan program.

17.265.190 “R” Definitions
Residential Care Facility:

Unlicensed Residential Care Facility. Any family home, group home, group care facility, or similar facility, not required to be licensed by the state and operated as a single housekeeping unit, maintained and operated to provide twenty-four (24) hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily life or for the protection of the individual.

Licensed Residential Care Facility. Any family home, group care facility, or similar facility, licensed by the state, that is maintained and operated to provide twenty-four (24) hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily life or for the protection of the individual. A Large Licensed Residential Care Facility serves seven (7) or more clients, while a Small Licensed Residential Care Facility serves six (6) or fewer clients.

Real Estate Sign. A temporary sign advertising that a property or structure is for sale, lease, rent or exchange. The advertising contained on a real estate sign shall be limited to the following information:

1. That the property is for sale, lease, rent or exchange by the owner or his/her agent;

2. The property is in escrow or there is an “open house”;

3. Directions to the property;

4. The owner’s or agent’s name, address and telephone number.

Reasonable Accommodation. In the land use and zoning context, reasonable accommodation means providing individuals with disabilities or developers of housing for people with disabilities with flexibility in the application of land use and zoning and building regulations, policies, practices and 3154
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procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to provision of housing or service opportunities.

Recreation, Active. Leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites or fields.

Recreation, Passive. Activities that involve relatively inactive or less energetic activities, such as walking, sitting, picnicking, card games, chess, checkers and other table games.

Recreational Vehicle. A vehicle which is either:

1. A motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational, emergency or other occupancy, that meets all of the following criteria:

2. A park trailer, as defined in California Health and Safety Code Section 18009.3.

Recommending Authority. The person or body granted authority to review and make a recommendation of final action to the approval authority.

Recyclable Material. Reusable material, including but not limited to metals, glass, plastic, paper and wood, intended for reuse, remanufacture or reconstitution for the purpose of being used in an altered form.

Recycling Collection Facility. An attended facility for the acceptance, by donation, redemption, or purchase, of recyclable materials from the public.

Recycling Processing Facility. A facility for the collection and processing of recyclable material.

Processing means the preparation of material for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing.

Recycled Water (or Reclaimed Water) Treated or recycled wastewater of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.

Reference Evapotranspiration. A standard measurement of environmental parameters which affect the water use of plants. Reference evapotranspiration factor is expressed in inches per day, month, or year as represented in the Guidelines, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances. Also known as "ETo." Religious Facility. A building or structure, or groups of buildings or structures, that are primarily intended for conducting organized religious services and associated accessory uses. Church includes mosque, temple, synagogue, cathedral, or similar religious institutions.

Resorts, Group Quarters, Group Camp. Any facility, place or building for the purpose of recreational activities, which may include overnight accommodations, or camp areas.

Restaurant. An establishment where food and drink are prepared and served. 3155
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Retail Sales. The selling of goods or merchandise not specifically listed under another land use, to the general public for personal or household consumption and rendering of services incidental to the sale of goods.

General. Retail establishments that sell goods or merchandise to the general public for profit.

General retail stores may include specialized retail stores (see Retail, Specialized) but does not include adult businesses, medical marijuana dispensaries, or secondhand stores.

Specialized. Retail establishments that sell goods or merchandise to the general public for profit but that are focused exclusively on a limited line of related products. Examples include, but are not limited to, bicycle shops, flower shops, bookstores, music stores, gift shops, etc.

Reverse Vending Machine. An automated mechanical device which accepts one or more types of empty beverage containers and issues a cash refund or other type of redemption bonus. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine.

Rezoning. An amendment to the map and/or text of a zoning ordinance to effect a change in the nature, density, intensity or regulation of uses allowed on a designated parcel or land area; an amendment to procedures regarding implementation of zoning regulations.

Ridgeline. A relatively narrow elevation that is prominent because of the steep angle at which it rises; an elongated crest, or series of crests, with or without individual peaks, significantly higher than the adjoining ground.

Right-of-Way. See Public Right-of-Way.

Rural Event Venue.

Small. A facility located on rurally zoned land that provides a facility for any type of social gathering and consisting of multipurpose meeting and/or recreational facilities, typically consisting of one or more meeting or multipurpose room and a kitchen and/or outdoor barbecue facilities, that are available for use by various private groups of 150 or less persons for such activities as meetings, parties, weddings, receptions, and dances.

Intermediate. A facility located on rurally zoned land that provides a facility for any type of social gathering and consisting of multipurpose meeting and/or recreational facilities, typically consisting of one or more meeting or multipurpose room and a kitchen and/or outdoor barbecue facilities, that are available for use by various private groups of 250 or less persons for such activities as meetings, parties, weddings, receptions, and dances.

Large. a facility located on rurally zoned land that provides a facility for any type of social gathering and consisting of multipurpose meeting and/or recreational facilities, typically consisting of one or more meeting or multipurpose room and a kitchen and/or outdoor barbecue facilities, that are available for use by various private groups of 500 or less persons for such activities as meetings, parties, weddings, receptions, and dances. 3156
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17.265.200 “S” Definitions
School. Any institution of learning for public or private, which offers instruction in those courses of study required by the California Education Code, or which is maintained pursuant to standards set by the California Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of education.

School, Commercial. Any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge or art form for commercial purposes.

School, Private. Any building or group of buildings the use of which meets state requirements for elementary, secondary or higher education and which use does not secure the major part of its funding from any governmental agency.

School, Secondary. Any school licensed by the state, authorized to award diplomas for secondary education.

School, Public or Private. Any location appearing in the California Department of Education School Directory as the location of a public or private school.

School District. A district that serves as a unit for state financing and administration of elementary and secondary schools.

Scenic Highway. Any officially designated state or City scenic highway as defined in Streets and Highway Code, Sections 154 and 261, et seq.

Screening. A method of visually shielding or obscuring a structure or use from another by fencing, walls, berms or densely planted vegetation.

Secondhand Store. Retail establishment that buys and sells used products.

Senior Center. An assembly building intended to provide nonresidential services for senior citizens.

Senior Citizen. Any retired person over the age of 55 or any person over the age of 62 years.

Senior Citizen Housing Development. The definition is set forth in California Civil Code Section 51.3.

Setback, Building. The required distance between the building and any lot line. See Figure

17.150.040-1 (Setback Designations).

Front. The required distance between the building and the front lot line.

Rear. The required distance between the building and the rear lot line.

Side. The required distance between the building and the interior side lot line.

Street Side. The required distance between the building and the side lot line adjacent to a public right-of-way.

Setback Line. The line that establishes the area of the property within which structures or other designated uses may be erected or placed.
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Self-Storage. A storage facility in which individual units are rented to the public. The term includes mini-storage and mini-warehouse.

Shared Housing Unit. One or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations) and complies with the definition of “guestroom” in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this chapter, the local definition shall apply to the extent that it does not conflict with the requirements of Government Code Section 65915. For purposes of calculating a density bonus granted pursuant to this chapter for a shared housing building, “unit” means one shared housing unit and its pro rata share of associated common area facilities.

Shooting Range. An area or structure specially designed for the safe discharge and use of rifles, shotguns, pistols, silhouettes, skeet, trap, or any similar firearm for the purpose of sport shooting or military/law enforcement training.

Shopping Center. A parcel of land not less than three acres in size, on which there exists four or more separate business uses that have mutual parking facilities.

Short-Term Rentals. A transient vacation rental or use in which overnight accommodations are provided in dwelling units to guests for compensation, for periods of less than 30 days.

Sidewalk. A paved, surfaced, or leveled area paralleling and usually separated from the street, used as a pedestrian walkway.

Sight Visibility Area. The area established in accordance with the Public Works Department Standard 81 "Intersection Sight Distance."
Sign. Any device, display, fixture, painting, placard or structure, housing, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person, and which is to be viewed from any public street, road, highway, right-of-way or parking area.

Significant Resources. Any City, State or Federal site which has significant or potentially significant social, cultural, historical, archaeological, recreational, or scenic resources, or which plays or potentially could play a significant role in promoting tourism. For the purposes of this article, the term “significant resources” shall include, but not be limited to, the following:

1. Scenic highways;

2. A corridor 500 feet in width adjacent to both sides of all highways within three-tenths of a mile of any regional, State or Federal park or recreation area;

3. A corridor 500 feet in width adjacent to both sides of Grand Avenue from Corydon Road south to Clinton Keith Road, and adjacent to both sides of Clinton Keith Road from Interstate 15 to the City limits of the City of Murrieta; 3158
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4. A corridor 500 feet in width, measured from the edge of the right-of-way line adjacent to both sides of Interstate 15 extending from north City limits to south City limits.

Similar Use. A use that has the same characteristics as the specifically cited uses in terms of the following: trip generation and type of traffic, parking and circulation, utility demands, environmental impacts, physical space needs and clientele.

Single Housekeeping Unit. See Family
Single Family Dwelling. See Dwelling, Single Family.

Single Room Occupancy (SRO). A residential facility containing housing units that may have individual or shared kitchen and/or bathroom facilities and are guest rooms or efficiency units as defined by the California Health and Safety Code. Each housing unit is offered on a monthly rental basis or longer.

Site. A parcel of land or contiguous parcels where land alterations or activities, including grading, clearing or construction, are performed or proposed.

Slope. The land gradient described as the vertical rise divided by the horizontal run and expressed in terms of percentage.

Smart Automatic Irrigation Controller. An automatic timing device used to remotely control valves that operate an irrigation system and which schedules irrigation events using either evapotranspiration (weather-based) or soil moisture data.

Special Landscape Area. An area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens; areas irrigated with recycled water; water features using recycled water; and areas dedicated to active play where turf provides a playing surface, such as parks, sports fields, and golf courses.

Steep Slope. Land with a natural gradient of at least 25 percent (25 feet of vertical distance for every 100 feet of horizontal distance) and a vertical elevation of at least 50 feet.

Solar Farm. A solar facility which is developed for purposes of generating solar power for purchase or sale, regardless of size or scale. Power generated from such fields is supplied to an electric distribution system for use by a utility service or energy provider with electric energy for wholesale or retail sale or use. A commercial solar field can be one of several solar technologies including but not limited to concentrating solar power (CSP), photovoltaics (PV) or concentrating photovoltaics (CPV).

A solar farm does not include small-scale solar systems designed to provide electricity directly to a user on the same site, where the system is designed only to service the peak energy demand of the on-site user.

Specific, Adverse Impact. The definition is set forth in California Government Code Section 65589.5(d)(2).

Specific Plan. A plan for the long-range development of properties, consistent with the local general plan, regulating such things as uses permitted, density allowances, and distribution of uses and services, and including a program for the implementation of the plan. 3159
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Stable, Horse. Riding academy, or any place where horses are rented or held for rent to the public, or where such horses are stabled, kept, or maintained for a fee, or where horses are boarded or cared for by a person or persons other than their owner.

Staff. The staff of the various departments or divisions of the City of Wildomar.

Standard. A rule or measure establishing a level of quality or quantity that must be complied with or satisfied; requirements of Title 17 regarding building and development specifications such as minimum lot area, height limit, frontage, landscaping and floor area ratio.

State Law(s). All laws and regulations of the State of California.

State Outdoor Advertising Permit. A permit required and issued for an outdoor advertising display by the state under the Outdoor Advertising Act (California Business and Professions Code Section 5200 and following).

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.

Street Improvements. Any or all concrete curbs, gutters, sidewalks, driveway approaches and drainage structures; asphalt curbs; asphalt paving; connecting pavement; and related improvements such as back–filling and preparation of the road surface to rough grade, and the placement of paving.

Street, Private. A street that has not been accepted by the City or other governmental entity.

Structure. Anything constructed or erected which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences 6 feet or less in height. All buildings are structures.

Structure, Accessory. A structure which is detached from the main building on a parcel or lot, the use of which is incidental to that of the primary building.

Structure, temporary. A structure without a foundation which is capable of being moved.

Subdivision. The division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, as defined in Section 66424 of the Subdivision Map Act.

Supportive Housing. Dwelling units with no limit on the length of stay, that are occupied by the target population as defined in California Health and Safety Code Section 50675.14, and that are linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, where possible, work in the community.

Surface Area. Area of a sign as measured by the smallest geometric form such as a square, rectangle, triangle, or circle, or combination thereof, which will encompass the face of the sign on which the message is displayed.

Swap Meet. Any indoor or outdoor place, location, or activity where new or used goods are offered for sale or exchange to the general public by a multitude of vendors, usually in compartmentalized spaces. The term swap meet is interchangeable with and applicable to flea markets, auctions, open 3160
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air markets or other similar activities, but the term does not include a supermarket, department store or typical retail operations.

17.265.210 “T” Definitions
Target Population. Persons with lower incomes, as defined in Health and Safety Code Section 50675.14. , who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (California Welfare and Institutions Code Sections 4500, et seq.) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

Telecommunications Service Provider. The private sector entity that is responsible for providing wireless communication to the general public or the private sector entity that owns or operates a wireless communication facility.

Temporary Event. An individual event held either indoors or outdoors not to exceed six times per calendar year to which the public is invited with or without charge. Temporary events include, but are not limited to, the following: music festivals, stage and/or theatrical shows, sports events, fairs and/or carnivals, rodeos, automobile sales, off-road vehicle sales, animal sales, heavy equipment auctions and tent revival meetings. Temporary events are classified as follows:

1. “Major event” means a temporary event which 2,000 or more people are expected to attend.

1. “Minor event” means a temporary event which less than 2,000 are expected to attend.

Temporary Use. Special events which, by their nature, are non-recurring and which continue for a limited period of time. Temporary uses may occur indoors or outdoors, on improved or unimproved property and should be consistent with the zone for that property and its uses.

Temporary Use. All uses of a short-term nature or fixed duration listed in this chapter, which last for a duration of two days or longer and do not require permanent construction and which are approved with a specific time limit. Temporary uses include, but are not limited to, the following: seasonal sales, such as Christmas tree or Halloween pumpkin lots, temporary parking lot dining for established restaurants, and other temporary activities that the Planning Director determines are similar in nature and intensity to those identified in this section.

Temporary Sign. A sign that is not intended to be permanent. Temporary signs shall not be constructed or erected upon a permanent foundation or attached to a sign structure having a permanent foundation. Temporary signs shall include noncommercial signs (including noncommercial signs during an election period), real estate signs, yard or garage sale signs or event signs. All other commercial signs, not constructed or erected upon a permanent foundation, are prohibited by this chapter. If the sign is constructed or erected on a permanent foundation, it is regulated by Chapter 17.180 (Signs).

Terrace. A level, landscaped and/or surfaced area, also referred to as a patio, directly adjacent to a primary building at or within 3 feet of finished grade and not covered by a permanent roof. 3161
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Time/Temperature Sign. An electronic or mechanical device that shows time and/or temperature but contains no business identification or advertising.

Tower. A structure that supports, holds, or contains equipment that sends and/or receives wireless communication signals, including, but not limited to, antennas.

Toxic Substances. Any combination of contaminants, including disease-carrying agents, that, after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, can cause death or disease, mutations, deformities or malfunctions in such organisms, or their offspring, and that adversely affect the environment.

Tract Map. A map showing a subdivision of five or more parcels for which a tentative and final map are required by the Subdivision Map Act, prepared in accordance with the provisions of the Subdivision Map Act, and designed to be filed for recordation in the Office of the County Recorder.

Transit. The conveyance of persons or goods from one place to another by means of a public transportation system.

Transitional Housing. Dwelling units configured as rental housing developments but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of assistance.

Transportation Station. A place where transfer between modes of transportation takes place; a terminating point where goods are transferred from a truck to a storage area or to another form of transportation.

Total Units (or total dwelling units or total rental beds). Units added by a density bonus awarded pursuant to this chapter or any local law granting a greater density bonus are not included.

Turf. The groundcover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm-season grasses.

17.265.220 “U” Definitions
Underground Facility. Any facility or structure built completely below grade to be used for storing personal property of the property owner such as a root cellar or a wine cellar or serving as a shelter or bunker for safety purposes in the event of a disaster, either natural or man-made. No underground facility may be rented for any purpose.

Urgent care clinics. A business that provides medical care for illnesses or injuries which require prompt attention but are typically not of such seriousness as to require the services of an emergency room.

Use. The purpose or activity for which land or buildings are designed, arranged or intended or for which land or buildings are occupied or maintained.

Use, Accessory. A use incidental to and customarily associated with a specific primary use, located on the same lot or parcel.
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Use, Primary. The principal or predominant use of any lot or parcel. Utility. See Public Utility.

Utility Services. The generation, transmission and/or distribution of electricity, gas, communications and water; the collection and treatment of sewage and solid waste; and the provision of mass transportation.

17.265.230 “V” Definitions
Variance. A grant of relief from the requirements of Title 17 which permits construction in a manner that would otherwise be prohibited by Title 17.

Vehicle Body Repair, Paint or Restoration. A commercial use often referred to as a body and fender shop through which damaged or wrecked vehicles are repaired or restored.

Vehicle Dismantling. See Vehicle Wrecking.

Vehicle Leasing and Rental. A business whose primary purpose is to provide vehicles to serve customer transportation needs. Such vehicles may include automobiles, trucks, bicycles, motorcycles, trailers and/or recreational vehicles.

Vehicle Repair, Major. A facility which provides heavy repair of vehicles and/or trucks including but not limited to body and fender repair, automotive painting, transmission and/or engine rebuilding, or other repair services which include the removal of major automotive mechanical components of a vehicle.

Vehicle Repair, Minor. A facility which provides light repair of vehicles and/or light trucks, including but not limited to engine tune-up, oil change, brake repair and replacement, muffler replacement, and the sale and/or installation of tires, batteries, and accessories.

Vehicle Sales. A facility for the display and sale of new or used automobiles, light trucks, vans, trailers or recreation vehicles and including any vehicle preparation or repair work conducted as an accessory use in designated buildings.

Vehicle Storage Lot. A parcel or parcels of land utilized for long-term or short-term vehicle storage, including cars, motorcycles, trucks, light trucks and/or recreational vehicles.

Vehicle Wrecking. The dismantling and parting out of motor vehicles or trailers, or the storage and/or sale of dismantled or wrecked motor vehicles or their parts.

Vending Pod. A site containing one or more vending vehicles and associated amenities on private property.

Vending Vehicle. A motorized device or vehicle by which any person or property may be propelled or moved upon a highway or street, or which may be drawn or towed by a self-propelled, motorized vehicle, from which food or food products are sold, offered for sale, displayed, bartered, exchanged, or otherwise given. Vending vehicle shall not include a device moved exclusively by human power.

Very Low Vehicle Travel Area. An urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85% of either regional vehicle miles traveled per capita, or city vehicle miles traveled per capita. For purposes of this paragraph, “area” may include a travel analysis zone, hexagon, or grid. For the 3163
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purposes of determining “regional vehicle miles traveled per capita” pursuant to this paragraph, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or singlecounty metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.

Veterinary Clinic. A place where animals are given medical care and where the boarding of animals is limited to short-term care incidental to the medical care.

Video Display Sign. A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression or frames which give the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs.

17.265.240 “W” Definitions
Wall. The vertical exterior surface of a building; vertical interior surfaces that divide a building’s space into rooms; fences made of block or stucco, or similar permanent material.

Warehouse. A building used primarily for the storage of goods and materials.

Watercourse. A lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

Water Feature. A design element where open water performs an aesthetic or recreational function.

Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection, or storm water best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features.

Wheel Stops. Permanent devices that block the front wheels of a vehicle in a parking stall.

Wireless Communication Facilities. Facilities that send and/or receive personal wireless communication signals, including, but not limited to, antennas, microwave dishes or horns, antenna structures, towers, equipment enclosures and the land upon which they are all situated. Wireless communication facilities are classified as follows:

1. “Concealed wireless communication facility” is a facility blended into the environment so as not to be seen at all or, if seen, not to be recognized as a wireless communication facility. A concealed wireless communication facility includes, but is not limited to, architecturally screened roof-mounted facilities, façade-mounted design feature facilities, clock tower facilities and entry statement signage facilities. The Planning Director shall make the final determination as to whether a facility under review constitutes a concealed wireless communication facility.

2. “Disguised wireless communication facility” is a facility designed and sited so as to be minimally visually intrusive. A disguised wireless communication facility includes, but is not 3164
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limited to, disguised palm trees (monopalms), disguised pine trees (monopines), disguised ball field light poles, disguised flag poles, disguised water towers, disguised street lights, disguised electric utility poles, suspended wire antennas and painted poles located within a grove of live trees. The Planning Director shall make the final determination as to whether a facility under review constitutes a disguised wireless communication facility.

3. “Co-located wireless communication facility” is a facility owned by one telecommunication service provider that is attached to an existing facility owned by a different telecommunication service provider. The Planning Director shall make the final determination as to whether a facility under review constitutes a co-located wireless communication facility.

4. “Other wireless communication facility” is a facility that is not concealed, disguised or colocated.

17.265.250 “X” Definitions

17.265.260 “Y” Definitions
Yard. The open space between a lot line and the required building setback line. Yards shall be unobstructed from the ground to sky. See Figure 17.150.040-1 (Setback Designations).

Front. A yard extending across the full width of the lot between the side lot lines and between the front lot line and the front setback line. The front lot line shall be deemed to be the existing nearest right-of-way line of the abutting street, road or highway, unless a different right-of-way line for future use shall have been precisely fixed by law or ordinance, or by formal action of the City Council pursuant to law or ordinance, in which event the front lot line shall be deemed to be such different right-of-way line. In the event of multiple adjacent rights-of-way in residential zones, the front of the lot shall be that portion of the lot adjacent to the lowest classification of roadway as established in the General Plan Circulation Element. For all other land use districts, the front of a lot with multiple adjacent rights-of-way shall be that portion of the lot adjacent to the highest classification of roadway as established in the General Plan Circulation Element (unless otherwise established by the General Plan). In the event that more than one adjacent right- of-way are of the same classification, building orientation shall determine the front yard in all zones.

Rear. A yard extending across the full width of the lot between the side lot lines and measured between the rear lot line and the rear setback line. Where a rear yard abuts a street, it shall meet the front yard requirements of the district.

Side. That portion of a lot adjacent to a property line that is not a front or rear yard as defined herein.

Street Side. A side yard adjacent to a public right-of-way.

Youth Center. Any facility that is operated by a public agency or non-profit entity with the sole purpose of providing educational and/or recreational services to minors. Dance studios, gymnasiums, martial arts studios, or other similar uses that provide services to both adults and minors shall not be considered a youth center.
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17.265.270 “Z” Definitions
Zone. The delineation of districts and the establishment of regulations governing the use, placement, spacing and size of land and buildings.

Zone District. A designated section of the City for which prescribed land use requirements and building and development standards are uniform.

Zoning Map. The map or maps that are a part of a zoning ordinance that delineate the boundaries of zone districts.
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700 South Flower Street, Suite 600
Los Angeles, California 90017
t 213.623.1443
www.PlaceWorks.com
ORANGE COUNTY • BAY AREA • SACRAMENTO • CENTRAL COAST • LOS ANGELES • INLAND EMPIRE 3168

ATTACHMENT D
City Council Ordinance No. XX
For
Change of Zone No. 2024-01
3169
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WILDOMAR, CALIFORNIA, ADOPTING CEQA FINDINGS OF

FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS, ADOPTING A MITIGATION

MONITORING AND REPORTING PROGRAM, APPROVING
CHANGE OF ZONE NO. 2024-01 TO CHANGE THE ZONING
DESIGNATIONS (CONSISTENCY ZONING) FOR 3,490

PARCELS AND ADOPTING THE NEW WILDOMAR ZONING

MAP RESULTING FROM THE APPROVAL OF GENERAL
PLAN AMENDMENT NO. 2024-01 (ENVISION WILDOMAR
2040 GENERAL PLAN UPDATE) IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 65860
WHEREAS, state law requires the City of Wildomar to adopt and maintain a zoning map consistent with the adopted general plan land use; and WHEREAS, on July 1, 2008, the City Council adopted Council Resolution No. 08- 01 adopting all Riverside County Resolutions of which included various planning documents, including but not limited to, the Riverside County Zoning Map; WHEREAS, all land use, circulation, housing, etc. decisions have been governed by the use of the Riverside County General Plan and Zoning Map since incorporation on July 1, 2008; and
WHEREAS, in conformance with Government Code Section 65860, the City of Wildomar has commenced a comprehensive update to the City’s Zoning map (Zoning Consistency) which in accordance with State law must be consistent with the new Geneal Plan (GPA 2024-01); and
WHEREAS, the zone changes for properties shown in Exhibit 1 attached to this resolution is necessary to make the subject properties consistent with the newly adopted General Plan Land Use map; and
WHEREAS, the change of zone would enable the affected property owners to enjoy the land uses promised by their respective land use designations; and WHEREAS, the proposed Change of Zone No. 2024-01 is considered a “project” as defined by the California Environmental Quality Act, Public Resources Code § 21000 et seq. (“CEQA”); and
WHEREAS, the City of Wildomar City Council has the authority in accordance with California Government Code Sections 65860, and Chapter 17.280 of the Wildomar 3170
Municipal Code to act on the proposed Change of Zone No. 2024-01 (Zoning Consistency); and
WHEREAS, in accordance with Chapter 17.08 of the Wildomar Municipal Code, the Planning Department on November 29, 2024, provided a public hearing notice to all interested persons who filed a written request to receive such notice of the December 9, 2024 City Council meeting where the Council would review Change of Zone No. 2024- 01; and
WHEREAS, in accordance with Chapter 17.08 of the Wildomar Municipal Code, the Planning Department on November 29, 2024 published a legal notice (1/8 page ad) in the “Press Enterprise”, a local newspaper of general circulation, notifying the general public of the of the December 9, 2024 City Council meeting where the Council would review Change of Zone No. 2024-0; and
WHEREAS, in accordance with Chapter 17.08 of the Wildomar Municipal Code and Government Code Section 65300 et seq., the City Council conducted the duly noticed public hearing on December 9, 2024 and discussed Zoning Ordinance Amendment No. 2024-01, at which time interested persons had an opportunity to testify in support of, or opposition to Change of Zone No. 2024-01.

THE CITY COUNCIL OF THE CITY OF WILDOMAR HEREBY DOES ORDAIN AS FOLLOWS:

SECTION 1. CEQA ENVIRONMENTAL DETERMINATIONS
A. The approval of Change of Zone No. 2024-01 is in compliance with requirements of the California Environmental Quality Act (“CEQA”), in that on December 9, 2024 at a duly noticed public hearing, the City Council certified an Program Environmental Impact Report (SCH#: 2023090064), including the Facts and Findings, Statement of Overriding Considerations, Response to Comments and Mitigation Monitoring and Reporting Program reflecting its independent judgment and analysis and documenting the environmental impacts and mitigation measures related to the General Plan Amendment No. 2024-01 for the General Plan Update project and this related Change of Zone No. 2024-01 project. The documents comprising the City’s environmental review for the project are on file and available for public review at Wildomar City Hall, 23873 Clinton Keith Road, Suite #110, Wildomar, CA 92595.

B. Pursuant to CEQA Guidelines Sections 15091 and 15093, and in support of its approval of the General Plan Update project, the City Council hereby adopts the attached CEQA Findings of Fact and Statement of Overriding Considerations as set forth in the attached Exhibit 1 of this Resolution.

C. Pursuant to Public Resources Code Section 21081.6 and CEQA Guidelines Section 15097, and in support of its approval of the General Plan Update project, the City Council adopts the Mitigation Monitoring and Reporting Program (MMRP) and directs that 3171
all of the mitigation measures included in the MMRP be successfully implemented by means of Project conditions, agreements, or other enforceable measures, as set forth in the MMRP included in Exhibit 2 of this Resolution.

SECTION 2. REQUIRED CHANGE OF ZONE FINDINGS
In accordance with California Government Code, Section 65860 and Chapter

17.280 of the Wildomar Municipal Code and based on substantial evidence in the record, the City Council hereby makes the following finding to approve Change of Zone No. 2024-

01. A. The proposed change of zone is consistent with the City of Wildomar General Plan.

Evidence: The proposed change of zone is consistent with the new City of Wildomar General Plan Land Use Plan in that the proposed zone changes for the properties proposed herein are necessary to be consistent with the new land use map approved with General Plan Amendment No. 2024-01. Once these zone changes are approved and are effective, each of the goals and policies in the land use designation will be supported by the new zoning designations.

SECTION 3. AMENDMENT TO THE ZONING MAP
The City Council, based on the findings above, hereby adopts said Ordinance adopting the revised/updated Wildomar Zoning Map attached hereto and incorporated herein by reference as Exhibit 3, and approving various consistency zone changes for the properties listed hereto and incorporated herein by reference as Exhibit 4.

SECTION 4. EFFECTIVE DATE OF THE ORDINANCE.

This Ordinance shall take effect and be in full force and operation thirty (30) days after its second reading and adoption.

SECTION 5. SEVERABILITY.

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

SECTION 6. CITY CLERK ACTION.

The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Section 39633(c). 3172
INTRODUCED AND APPROVED FOR FIRST READING this 9th, day of December, 2024.
_______________________________
Bridgette Moore
Mayor
APPROVED AS TO FORM: ATTEST:
_________________________ ________________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
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EXHIBIT 1
CEQA Findings and SOC – Refer to Attachment A, Exhibits 4 (Under Separate Cover)
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EXHIBIT 2
CEQA MMRP Document – Refer to Attachment A, Exhibit 5)
(Under Separate Cover)
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EXHIBIT 3
Zoning Map
(Under Separate Cover)
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EXHIBIT 4
Rezone Property List Table by APN’s
(Under Separate Cover
3177
October 2024| Final Environmental Impact Report
State Clearinghouse No. 2023090064

CITY OF WILDOMAR

PROPOSED GENERAL PLAN EIR
CEQA FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE FINAL ENVIRONMENTAL IMPACT REPORT City of Wildomar
Prepared for:

City of Wildomar
Contact: Matthew C. Bassi, Community Development Director 23873 Clinton Keith Road, Suite 110
Wildomar, California 92095
951.677.7751
Prepared by:

PlaceWorks
Contact: Mark Teague, AICP, Managing Principal, Environmental Services 3 MacArthur Place, Suite 1100
Santa Ana, California 92707
714.966.9220
[email protected]
www.placeworks.com
~ PLACEWORKS
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Final Environmental Impact Report
for the City Of Wildomar Proposed General Plan
CEQA Findings of Fact and
Statement of Overriding Considerations - i - October 2024

TABLE OF CONTENTS
I. INTRODUCTION ................................................................................................. 1 A. STATUTORY REQUIREMENTS FOR FINDINGS...................................................1 B. FINDINGS FOR EIR CERTIFICATION......................................................................3 C. PROJECT ENVIRONMENTAL REPORT AND DISCRETIONARY ACTIONS ...................................................................................................................................................4 II. PROCEDURAL COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT.....................................................................................................4 A. PUBLIC NOTIFICATION AND OUTREACH............................................................4 B. FINAL ENVIRONMENTAL IMPACT REPORT AND CITY COUNCIL
PROCEEDINGS...................................................................................................................5 C. RECORD OF PROCEEDINGS........................................................................................7 D. CUSTODIAN AND LOCATION OF RECORDS.......................................................7 E. PROJECT LOCATION.......................................................................................................8 F. PROJECT OBJECTIVES....................................................................................................8 G. PROJECT DESCRIPTION ................................................................................................9 III. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS.............................9 A. FORMAT ................................................................................................................................9 B. FINDINGS ON “NO IMPACT” AND “LESS THAN SIGNIFICANT
IMPACTS” ............................................................................................................................10 C. FINDINGS ON SIGNIFICANT ENVIRONMENTAL IMPACTS THAT CAN BE REDUCED TO A LESS THAN SIGNIFICANT LEVEL................................. 56 D. SIGNIFICANT AND UNAVOIDABLE SIGNIFICANT IMPACTS THAT CANNOT BE MITIGATED TO BELOW THE LEVEL OF SIGNIFICANCE. 88 IV. ALTERNATIVES TO THE PROPOSED PROJECT .........................................122 A. ALTERNATIVES CONSIDERED AND REJECTED DURING THE
SCOPING/PROJECT PLANNING PROCESS........................................................122 B. ALTERNATIVES SELECTED FOR FURTHER ANALYSIS...............................124 V. FINDINGS ON RESPONSES TO COMMENTS ON THE Draft EIR AND REVISIONS TO THE Final EIR.......................................................................125 VI. STATEMENT OF OVERRIDING CONSIDERATIONS .....................................126 A. SIGNIFICANT AND UNAVOIDABLE IMPACTS .................................................126 B. PROJECT BENEFITS IN SUPPORT OF THE STATEMENT OF
OVERRIDING CONSIDERATIONS.........................................................................127 C. CONCLUSION .................................................................................................................131 3180
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CEQA Findings of Fact and
Statement of Overriding Considerations - ii - October 2024 This page intentionally left blank.
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Final Environmental Impact Report
for the City Of Wildomar Proposed General Plan
CEQA Findings of Fact and
Statement of Overriding Considerations - 1 - October 2024

CEQA FINDINGS OF FACT

AND STATEMENT OF OVERRIDING CONSIDERATIONS

REGARDING THE

FINAL ENVIRONMENTAL IMPACT REPORT

FOR THE CITY OF WILDOMAR

PROPOSED GENERAL PLAN
STATE CLEARINGHOUSE NO. 2023090064
Exhibit A
I. INTRODUCTION
The California Environmental Quality Act (CEQA) requires that written findings be made by the lead agency in connection with certification of an environmental impact report (EIR) and in conjunction with approval of the project pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code. This document provides the findings required by CEQA.

The potential environmental effects of the City of Wildomar Proposed General Plan (proposed project) have been analyzed in a Draft Environmental Impact Report (Draft EIR or DEIR) (State Clearinghouse [SCH] 2023090064) dated May 2024. A Final EIR has also been prepared that incorporates the Draft EIR and contains comments received on the Draft EIR, responses to the individual comments, revisions to the Draft EIR including any clarifications based on the comments and the responses to the comments, and the Mitigation Monitoring and Reporting Program (MMRP) for the proposed project. This document provides the findings required by CEQA for approval of the proposed project. The Draft EIR together with the Final EIR (including the MMRP contained therein) comprise the EIR for the project.

A. Statutory Requirements for Findings
The CEQA (Pub. Res. Code §§ 21000, et seq.) and the State CEQA Guidelines (Guidelines) (14 Ca.

Code Regs §§ 15000, et seq.) promulgated thereunder, require the environmental impacts of a project be examined before a project is approved. Specifically, regarding findings, Guidelines Section 15091 provides:
(a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:

1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.

2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such 3182
Final Environmental Impact Report
for the City Of Wildomar Proposed General Plan
CEQA Findings of Fact and
Statement of Overriding Considerations - 2 - October 2024 changes have been adopted by such other agency or can and should be adopted by such other agency.

3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.
(b) The findings required by subsection (a) shall be supported by substantial evidence in the record. (c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives.
(d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures.
(e) The public agency shall specify the location and custodian of the documents or other material which constitute the record of the proceedings upon which its decision is based.
(f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section.

The “changes or alterations” referred to in Section 15091(a)(1) above, that are required in, or incorporated into, the project which mitigate or avoid the significant environmental effects of the project, may include a wide variety of measures or actions as set forth in Guidelines Section 15370, including:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action.
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation.
(c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment.
(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. 3183
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Statement of Overriding Considerations - 3 - October 2024 (e) Compensating for the impact by replacing or providing substitute resources or environments, including through permanent protection of such resources in the form of conservation easements.

Regarding a Statement of Overriding Considerations, Guidelines Section 15093 provides:
(a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project.

If the specific economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.” (b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record.
(c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091.

B. Findings for Project Approval
Having received, reviewed, and considered the EIR for the City of Wildomar Proposed General Plan, as well as all other information in the record of proceedings on this matter, the City of Wildomar City Council adopts the following Findings and Statement of Overriding Considerations, in its capacity as the legislative decision-making body for the City of Wildomar (City), which is the CEQA Lead Agency.

The Findings and Statements of Overriding Considerations (Findings) set forth the environmental and other bases for current and subsequent discretionary actions to be undertaken by the City and responsible agencies for the implementation of the proposed project.

In addition, the City of Wildomar City Council (City Council) hereby make findings pursuant to and in accordance with Section 21081 of the California Public Resources Code and State CEQA Guidelines Sections 15090 and 15091 and hereby certifies that:
(1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effect as identified in the Final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3184
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Statement of Overriding Considerations - 4 - October 2024 (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR.

C. Project Environmental Report and Discretionary Actions The EIR addresses the direct, indirect, and cumulative environmental effects of construction and operation activities associated with the proposed project. The EIR provides the environmental information necessary for the City to make a final decision on future discretionary actions for all future development as envisioned under the proposed project. The EIR was also intended to support discretionary reviews and decisions by other responsible agencies. Discretionary actions to be considered by the City may include, but are not limited to, the following:
 Certify that the EIR for the proposed project has been completed in compliance with CEQA, and reflects the independent judgement and analysis of the City; find that the City Council has reviewed and considered the information contained in the EIR prior to approving the project; adopt the Mitigation Monitoring and Reporting Program, finding that the Mitigation Monitoring and Reporting Program is adequately designed to ensure compliance with the mitigation measures during project implementation; and determine that the significant adverse effects of the project either have been reduced to an acceptable level, or are outweighed by the specific overriding considerations of the project as outlined in the CEQA Findings of Fact and Statement of Overriding Considerations, as set forth herein.  Approve the proposed project and related discretionary actions needed for implementation of the project.

II. PROCEDURAL COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT The City published a Draft EIR on May 9, 2024. A Final EIR was prepared in October 2024 in compliance with CEQA requirements. Together the Draft EIR and the Final EIR (and the MMRP contained therein) comprise the EIR. The EIR has been prepared in accordance with CEQA and the CEQA Guidelines, as amended. As authorized in State CEQA Guidelines Section 15084(d)(2), the City retained a consultant to assist with the preparation of the environmental documents. City staff from multiple departments, representing the Lead Agency, have directed, reviewed, and modified where appropriate all material prepared by the consultant. The EIR reflects the City’s independent analysis and judgement. The key milestones associated with the preparation of the EIR are summarized below.

As presented below, an extensive public involvement and agency notification effort was conducted to solicit input on the scope and content of the EIR and to solicit comments on the results of the environmental analysis presented in the Draft EIR.

A. Public Notification and Outreach
In conformance with CEQA, the State CEQA Guidelines, and the City of Wildomar CEQA Guidelines, the City of Wildomar conducted an extensive environmental review of the proposed project, summarized as follows
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Statement of Overriding Considerations - 5 - October 2024  Completion of a Notice of Preparation (NOP) on September 7, 2023. The public NOP review period extended from September 7, 2023, to October 6, 2023. The NOP was published in the Press Enterprise and posted at the Riverside County Clerk’s office on September 6, 2023. Copies of the NOP were also mailed to interested persons and organizations.  Preparation of a Draft EIR, which was made available for a 45-day public review period beginning May 9, 2024, and ending June 24, 2024. The scope of the Draft EIR was determined based on the CEQA Guidelines Appendix G Checklist, and comments received in response to the NOP. The Notice of Availability (NOA) for the Draft EIR was sent to interested persons and organizations, posted online at the State Clearinghouse for distribution to public agencies, posted on the City of Wildomar’s website, and published in the Press Enterprise. The NOA was posted at the Riverside County Clerk’s office on May 9, 2024. The NOA of the Draft EIR was published in the Press Enterprise on May 9, 2024.
 Preparation of a Final EIR, including the responses to comments to the Draft EIR, was released for a 10-day agency review period prior to certification of the Final EIR.  Public hearings on the proposed project, hearings before the City Planning Commission and the City Council.
 In summary, the City conducted all required noticing and scoping for the proposed project in accordance with Section 15083 of the CEQA Guidelines, and conducted the public review for the EIR, which met the requirements of Section 15087 of the CEQA Guidelines.

B. Final Environmental Impact Report and City Council Proceedings The City prepared a Final EIR, including Responses to Comments on the Draft EIR. The Final EIR/Response to Comments contains comments on the Draft EIR, responses to those comments, revisions to the Draft EIR, and appended documents. A total of seven comment letters were received.

None of the comment letters resulted in the need to modify the environmental analysis in the Draft EIR.

The EIR found that prior to mitigation, implementation of the proposed project will result in potentially significant impacts to Geology and Soils, Hazards and Hazardous Materials, Mineral Resources, Tribal Cultural Resources, and Wildfire. Impacts to Agricultural and Forestry Resources, Air Quality, Biological Resources, Cultural Resources, Greenhouse Gas Emissions, Noise, and Transportation were found to be significant and unavoidable. The City prepared a Statement of Overriding Considerations (see Section VI, below) for the following impacts which were found to be significant and unavoidable:

Agriculture and Forestry Resources
 Impact 5.2-1: The proposed project would convert farmland to nonagricultural uses.

Air Quality
 Impact 5.3-1: Buildout of the Proposed General Plan, and associated emissions, would exceed the assumptions of the South Coast AQMD’s AQMP.
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Statement of Overriding Considerations - 6 - October 2024  Impact 5.3-2: Construction activities associated with future development that would be accommodated under the Proposed General Plan could generate short-term emissions in exceedance of the South Coast AQMD’s threshold criteria.
 Impact 5.3-3: Implementation of the proposed project would generate additional, long-term emissions in exceedance of South Coast AQMD’s threshold criteria and cumulatively contribute to the South Coast Air Basin’s nonattainment designations.  Impact 5.3-4: The proposed project would expose sensitive receptors to substantial toxic air contaminant concentrations.

Biological Resources
 Impact 5.4-1: Buildout of the proposed Land Use Plan could impact sensitive or special-status plant and animal species known to occur in the City of Wildomar.

Cultural Resources
 Impact 5.5-1: Future development under the proposed project could impact an identified historic resource.

Greenhouse Gas Emissions
 Impact 5.8-1: Implementation of the Proposed General Plan would result in an increase in GHG emissions and would not place the City on a trajectory to achieve the goals established under Executive Order S-03-05 or progress toward the State’s carbon neutrality goal.

Noise
 Impact 5.13-1: Construction activities would result in temporary noise increases in the vicinity of the proposed project.
 Impact 5.13-2: Project implementation would result in temporary construction and long-term operation-related noise that would exceed local standards.

Transportation
 Impact 5.17-2: The proposed project would conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b).

The public can view searchable agendas for scheduled City Council meetings and access agenda-related City information and services at the following website: https://www.cityofwildomar.org/250/CityCouncil..

The Final EIR document will be posted for viewing and download with the previously posted Draft EIR prior to the City’s consideration of the Final EIR and project recommendations on the City’s website: https://www.cityofwildomar.org/212/Environmental-Documents-Center. 3187
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Statement of Overriding Considerations - 7 - October 2024 A date for consideration of certification of the EIR and project recommendations at the City Council was set for the proposed project and notice of the meeting was provided consistent with the Brown Act (Government Code Sections 54950 et seq.). The City Council will take testimony on the proposed project and may continue on its calendar to a subsequent meeting date in its discretion.

C. Record of Proceedings
For purposes of CEQA and these Findings, the Record of Proceedings for the proposed project consists of the following documents and other evidence, at a minimum:
 The NOP, NOA, and all other public notices issued by the City in conjunction with the proposed project.
 The Draft EIR and Final EIR for the proposed project.  All written comments submitted by agencies or members of the public on the Draft EIR.  All responses to written comments submitted by agencies or members of the public during the public review comment period on the Draft EIR.
 All written and verbal public testimony presented during a noticed public hearing for the proposed project.
 The Mitigation Monitoring and Reporting Program.
 The reports and technical memoranda included or referenced in the Final EIR.  All documents, studies, EIRs, or other materials incorporated by reference in the Draft EIR and Final EIR.
 The Resolutions adopted by the City in connection with the proposed project, and all documents incorporated by reference therein, including comments received after the close of the comment period and responses thereto.
 Matters of common knowledge to the City, including but not limited to federal, state, and local laws and regulations.
 Any documents expressly cited in these Findings.
 Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e).

D. Custodian and Location of Records
The documents and other materials that constitute the administrative record for the City’s actions related to the proposed project are at the City of Wildomar–Community Development Department, 23873 Clinton Keith Road, Wildomar, CA. The City Community Development Department is the custodian of the administrative record for the proposed project. Copies of these documents, which 3188
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Statement of Overriding Considerations - 8 - October 2024 constitute the record of proceedings, are and at all relevant times have been and will be available upon request of the Community Development Department. Additionally, the documents will be available online at: https://envisionwildomar2040.com/ and https://www.cityofwildomar.org/212/Environmental-Documents-Center during the consideration period for the proposed project, and at City Hall. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and Guidelines Section 15091(e).

E. Project Location
The City of Wildomar is in southwestern Riverside County, California, and is bordered by the City of Lake Elsinore to the north and northwest, unincorporated Riverside County to the west, City of Murrieta to the south, and City of Menifee to the east. Interstate and regional access to the City is provided by Interstate 15 (I-15), which runs in a general north-south direction through the City.

F. Project Objectives
The adopted vision for the City is:
“The City of Wildomar will be a safe and active community with responsible growth and quality infrastructure while keeping a hometown feel.” The City understands that growth will occur and that there is a benefit to directing new growth, and different types of development, into areas best suited for mixed-use and modestly higher densities. As the City is largely comprised of existing low-density neighborhoods; vertical and horizontal mixed-use, townhomes, and higher density, have not been the tradition. Nonetheless the proposed project includes modest mixed-use areas intended to blend new compact development into the small-town character of the City without overwhelming the adjacent neighborhoods. This approach represents a measured step toward integrating nodes of mixed-use into areas where services and transportation routes converge. While the scale of development could be greater, and changes more drastic, this first change in the fabric of the City is intended to reflect the adopted vision.

Objectives for the City of Wildomar Proposed General Plan project are as follows and will aid decision makers in their review of the proposed project and associated environmental impacts:

1. Increase jobs in the City to encourage more residents to shop and work locally and reduce commuting out of the City.

2. Maintain and enhance conservation areas.

3. Focus growth along major corridors, thereby reducing change in the neighborhoods.

4. Provide for mixed use development in areas of the City where services and transportation converge, at a density and intensity that is modestly higher than the surrounding neighborhood. 3189
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Statement of Overriding Considerations - 9 - October 2024 G. Project Description
Project Summary
When the City incorporated in 2008, it adopted Riverside County’s General Plan. The project is an update to the City’s General Plan, which will be the first City-specific General Plan for Wildomar. A general plan is a state-required planning document that provides guidance to decision-makers regarding the allocation of resources and determination of the future physical form, location, and character of development in a city. It is the official statement of a city regarding the extent and types of development needed to achieve the community’s physical, economic, social, and environmental goals. Although a general plan is composed of individual sections, or “elements,” that individually address a specific area of concern, it embodies a comprehensive and integrated planning approach for a jurisdiction.

Proposed General Plan and Buildout
The proposed project includes the following elements that address all the required topics in state law, as well as one additional topical of local importance:
 Land Use
 Circulation
 Recreation and Community Services
 Open Space and Conservation
 Noise
 Economic Development
 Climate Action Plan Memorandum
 Housing and Safety Elements (previously
adopted in 2021 and will only be reformatted
under the proposed project to ensure consistency)
Rather than a separate element, Environmental Justice policies are embedded throughout relevant elements of the Proposed General Plan.

The proposed project could result in a net increase of 8,992 residential units, 27,999 residents, 2,965,538 square feet of non-residential uses, and 6,724 jobs compared to existing conditions.

III. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS
A. Format
Section 15091 of the CEQA Guidelines requires that a Lead Agency make a finding for each significant effect for the project. This section summarizes the significant environmental impacts of the proposed project, describes how these impacts are to be mitigated, and discusses various alternatives to the proposed project, which were developed to reduce the remaining significant environmental impacts. All impacts are considered potentially significant prior to mitigation unless otherwise stated in the findings.

The remainder of this section is divided into the following subsections:

Section B, Findings on “No Impact” and “Less Than Significant Impacts,” presents environmental issues, as identified in Chapter 5 of the Draft EIR, which would result in no impact or less than significant impacts.
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Statement of Overriding Considerations - 10 - October 2024 Section C, Findings on Impacts Mitigated to Less Than Significant, presents significant impacts of the proposed project that were identified in Chapter 5 of the Draft EIR, the mitigation measures identified in the Mitigation Monitoring Program, and the rationales for the findings.

Section D, Significant and Unavoidable Impacts that Cannot be Mitigated to Below the Level of Significance, presents significant impacts of the proposed project that were identified in the Draft EIR, the mitigation measures identified in the Mitigation Monitoring Program (if applicable), the findings for significant impacts, and the rationales for the findings.

Section IV, Alternatives to the Proposed Project, presents alternatives to the proposed project and evaluates them in relation to the findings set forth in Section 15091(a)(3) of the State CEQA Guidelines, which allows a public agency to approve a project that would result in one or more significant environmental effects if the project alternatives are found to be infeasible because of specific economic, social, or other considerations.

Section V, Findings on Responses to Comments on the Draft EIR and Revisions to the Final EIR, presents the City’s findings on the response to comments and revisions to Final EIR, and decision on whether a recirculated Draft EIR is necessary.

Section VI, Statement of Overriding Considerations, presents a description of the proposed project’s significant and unavoidable adverse impacts and the justification for adopting a statement of overriding considerations.

B. Findings on “No Impact” and “Less Than Significant Impacts” The City determined that the proposed project would have no impact or less than significant impacts, including direct, indirect, and cumulative impacts, for the environmental issues summarized below.

The rationale for the conclusion that no significant impact would occur in each of the issue areas is based on the environmental evaluation in the listed topical EIR sections in Chapter 5 of the Draft EIR.

CEQA Guidelines Section 15901 states that an EIR may not be certified for a project that has one or more significant environmental effects unless one of three possible findings is made for each significance effect. Since the following environmental issue areas were determined to have no impact or a less than significant impact, no findings under Section 15091 for these issues are required.

1. Aesthetics
Impact 5.1-1: Development in accordance with the Proposed General Plan would not substantially alter or damage scenic vistas. [Threshold AE-1] Scenic resources in the City include parks, open spaces, vacant land, and views of the Elsinore Mountains and Temescal Mountains. Open space and park lands that provide views of scenic vistas would continue to be preserved under the Proposed General Plan. The existing low-density residential uses in or adjacent to scenic vistas and resources would also remain unchanged, thereby preserving views of these features. Most of the higher-density development would be focused along primary corridors in the City, such as Clinton Keith Road, Bundy Canyon Road, Mission Trail, and I-15. The existing 3191
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Statement of Overriding Considerations - 11 - October 2024 and proposed scale and design of the City, along with its existing and future land uses, complement rather than detract from the backdrop scenery of the ridgelines and suburban environment. As shown in Figure 3-4, Proposed Land Use Plan, of the DEIR, the majority of land uses along the periphery of the City boundary would be RM (Rural Mountainous), EDR (Estate Density Residential), VLDR (Very Low Density Residential), LDR (Low Density Residential), MDR (Medium Density Residential), and OS-CH (Conservation Habitat); according to the Wildomar Housing Element (Table HNA-28, Residential Zoning Criteria), the tallest structure would be up to 50 feet tall and permitted in the MDR land use designation.

Although new development could alter the appearance of the existing conditions, especially in areas where lands are vacant and undeveloped, future development consistent with the Proposed General Plan would not create a substantial adverse impact on scenic vistas or degrade the City’s visual character or quality due to the City’s urbanizing character. Additionally, the development standards under the City’s municipal code as well as the City’s commercial and residential design guidelines, would guide future development characteristics and ensure consistency and compatibility. Development standards and design guidelines would ensure that scenic resources in the City, such as views of mountain ridgelines, are not adversely affected.

The Proposed General Plan includes policies that would protect scenic resources, such as Policy LU13.1, which calls for the permanent preservation of open space that contains scenic value, and Policy OS-1.8, which aims to protect ridgelines from incompatible development that diminishes scenic value.

Therefore, the proposed project would not substantially impact scenic resources in the City, and impacts would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to scenic vistas and resources. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.1-2: The proposed project would not alter scenic resources within a state scenic highway. [Threshold AE-2]
There are no scenic highways within the City. The nearest officially designated scenic highway is State Route 74 (SR-74), approximately 23 miles northeast of the City. Due to the distance and varying topography, no impact to scenic resources would occur on SR-74, an officially designated scenic highway.

I-15 is designated as an eligible scenic highway and future development along and proximate to I-15 could impact scenic resources. However, all development in the City must comply with the City’s development standards and design guidelines to ensure that future development would not substantially impact scenic resources. Additionally, the following Proposed General Plan policies would reduce impacts to scenic resources: Policy LU-13.1, which calls for the permanent preservation of open space that contains scenic value and Policy OS-1.8, which aims to protect ridgelines from incompatible development that diminishes scenic value. Therefore, impacts would be less than significant. 3192
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Statement of Overriding Considerations - 12 - October 2024 Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to altering the scenic resources within a state scenic highway. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.1-3: Buildout in accordance with the proposed land use plan would alter the existing visual appearance of the City but would not substantially degrade its existing visual character or quality and would not conflict with applicable zoning and other regulations governing scenic quality. [Threshold AE-3] Future development and redevelopment allowed by the Proposed General Plan would result in the development of currently undeveloped parcels and intensification of already developed areas of the City. Although new development would alter the visual appearance of the City, because the City is largely already developed with urban and suburban uses, new development would not substantially degrade the City’s visual character or quality. The proposed land use plan would focus more intensive growth within the nine focus areas, where structures would be up to 50 feet tall, as shown in Figure

5.1-1, Proposed Focus Areas, of the DEIR. Title 17, Zoning, of the Wildomar Municipal Code establishes development standards. Additionally, future development would be required to comply with the commercial and residential design standards to ensure compatibility with existing uses and retain the City’s existing visual character and quality. Buildout under the proposed project would occur in areas where development already exists or areas where development is planned. Areas designated as open space and parks would remain undeveloped under the proposed project.

The Proposed General Plan policies ensure that future development and redevelopment would enhance Wildomar’s sense of place and character, such as Policy LU-5.1, which requires new development to exhibit quality design; Policy LU-5.2, which requires new development to be located and designed to visually enhance the character of the surrounding areas; and Policy LU-5.3, which aims to enhance the City’s unique character and quality of design by maintaining and implementing development standards. Development under the Proposed General Plan would be required to comply with existing regulations that maintain the City’s character, such as the City’s objective development standards for commercial and residential projects which would ensure that development under the proposed project would continue to be maintained and be compatible with the City’s visual character. As such, impacts would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to the existing visual appearance of the city. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.1-4: The proposed project would not generate additional light and glare. [Threshold AE-4] The two major causes of light pollution are spill light, which is caused by misdirected light that illuminates outside the intended area, and glare, which is light that shines directly or is reflected from a surface into a viewer’s eyes. Sources of light in the City include building lighting (interior and exterior), 3193
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Statement of Overriding Considerations - 13 - October 2024 security lighting, sign illumination, and parking area lighting, which are mostly associated with residential, commercial, and industrial uses. Other sources of nighttime light and glare include streetlights, vehicular traffic along surrounding roadways, and ambient lighting from surrounding communities.

Future development in accordance with the Proposed General Plan would occur in areas designated for development and would allow for development of currently undeveloped parcels and intensification and redevelopment of existing land uses, which could increase nighttime light and glare in Wildomar.

Development and redevelopment projects in the City would be required to comply with the design guidelines for residential and commercial uses, as well as Chapter 8.64, Light Pollution, of the Wildomar Municipal Code, which establishes limits on the types of fixtures and size of bulbs used in all aspects of development. The requirements in Chapter 8.64 would be checked during the building permit application and again during building and site inspections for all projects to ensure lighting impacts would not be significant. Consistent with the City’s lighting standards (municipal code section

8.64.090), all proposed exterior light fixtures must have full cutoff so that there is no light pollution created above the 90-degree plane of the light fixtures. Additionally, the Proposed General Plan includes Policy LU-6.1, which aims to retain and enhance the integrity of existing uses by protecting them from glare. Therefore, the proposed project would not adversely affect day or nighttime views and would not contribute to night sky pollution. Impacts would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to the generation of additional light and glare. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

2. Agricultural and Forestry Resources
Impact 5.2-2: The proposed project would not conflict with zoning for agricultural use or a Williamson Act Contract. [Threshold AG-2]
There are no Williamson Act contracts within the City limits. Therefore, no impact would occur.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to Williamson Act contracts. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.2-3: The proposed project would not conflict with existing zoning for, or cause rezoning of, forestland and timberland, and would not result in the loss or conversion of forestland to non-forest uses. [Thresholds AG-3, AG-4, and AG-5 (part)]
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Statement of Overriding Considerations - 14 - October 2024 conflict with the zoning of forestlands or timberlands, nor would it result in the loss or conversion of forestlands to non-forest uses. As such, no impacts would occur.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to the loss or conversion of forestland to non-forest uses. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

3. Air Quality
Impact 5.3-5: The proposed project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people. [Threshold AQ-4]
Growth under the proposed project could generate new sources of odors. Nuisance odors from land uses in the South Coast Air Basin (SoCAB) are regulated under South Coast Air Quality Management District (South Coast AQMD) Rule 402, Nuisance.

Industrial Land Uses
Compost facilities, landfills, solid-waste transfer stations, fiberglass manufacturing facilities, paint/coating operations (e.g., auto body shops), asphalt batch manufacturing plants, chemical manufacturing, and food manufacturing facilities are typical sources of odors from industrial land uses. The Proposed General Plan would result in a net increase of 1,393,616 square feet of industrial land use at buildout under the Light Industrial (LI) and Business Park (BP) land use designations. Industrial land uses are required to comply with South Coast AQMD Rule 402 and future environmental review, which would ensure that sensitive land uses are not exposed to objectionable odors. Therefore, impacts would be considered less than significant.

Residential and Other Retail/Commercial Land Uses
Residential and other nonresidential, nonindustrial land uses that would be accommodated by the proposed project could result in the generation of odors such as exhaust from landscaping equipment and from cooking. Buildout of the Proposed General Plan would result in a net increase of retail (4,179 acres) and commercial (385 acres) land uses. Unlike industrial land uses, these are not considered potential generators of odor that could affect a substantial number of people. Nuisance odors are regulated under South Coast AQMD Rule 402, which requires abatement of any nuisance generating a verified odor complaint. Therefore, impacts would be considered less than significant.

Construction
Construction equipment exhaust and application of asphalt and architectural coatings would temporarily generate odors. Any construction-related odor emissions would be temporary and intermittent.

Noxious odors would be confined to the immediate vicinity of the construction equipment in use. By the time such emissions reached any sensitive receptor sites, they would be diluted to well below any level of air quality concern. Short-term construction-related odors are expected to cease upon the 3195
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Statement of Overriding Considerations - 15 - October 2024 drying or hardening of odor-producing materials. Therefore, impacts would be considered less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to odor-related emissions adversely affecting a substantial amount of people. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

4. Biological Resources
Impact 5.4-4: Future projects in accordance with the Proposed General Plan would be required to comply with the Western Riverside Multiple Species Habitat Conservation Plan, the Stephens’ Kangaroo Rat Conservation Plan, and the City of Wildomar’s local biological resources polices and ordinances. [Thresholds B-5 and B-6]
The City is a participant in the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), which requires that individuals, businesses, or public agencies proposing development in the “criteria area” of the MSHCP obtain approval from the Regional Conservation Authority and a permit from the local responsible agency. Criteria areas include the cell groups which are shown on Figure 5.4-2, MSHCP Reserve Assembly, of the DEIR. Projects that are approved must pay fees for review and construction of the project in accordance with Chapter 3.42, MSHCP Mitigation Fee, of the Wildomar Municipal Code.

In addition to the MSHCP, a long-term (30-year) Habitat Conservation Plan (HCP) for Stephens’ kangaroo rat is administered by the Riverside County Habitat Conservation Agency. The Stephens’ kangaroo rat HCP boundary is within the larger MSHCP boundary. For a project that occurs within the Stephens’ kangaroo rat HCP boundary, impacts to Stephens’ kangaroo rats are mitigated by the Stephens’ kangaroo rat HCP, and for any projects outside of the Stephens’ kangaroo rat HCP boundary but within the MSHCP, impacts are mitigated by the MSHCP. As the majority of the City is within the Stephens’ Kangaroo Rat Plan Area (see Figure 5.4-1, of the DEIR), projects within these portions would be required to pay fees pursuant to Chapter 3.43, Stephens’ Kangaroo Rat Mitigation Fee, of the Wildomar Municipal Code.

Buildout of the Proposed General Plan could impact biological resources in the City. However, compliance with MSHCP, the Stephen’s kangaroo rat HCP, and the City’s Municipal Code would protect these resources. Additionally, the Proposed General Plan policies would protect biological resources, such as Policy OS-1.1, which requires the enforcement of the Western Riverside County Multiple Species Habitat Conservation Plan and Stephens Kangaroo Rat Habitat Conservation Plan provisions.

Additionally, the implementation of the Proposed General Plan would not conflict with an adopted habitat conservation plan, natural community conservation plan, or local ordinance. Therefore, impacts would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to the compliance of the Proposed General Plan with the Western Riverside Multiple Species Habitat Conservation Plan, the Stephens’ Kangaroo Rat Conservation Plan, and the City of 3196
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5. Energy
Impact 5.6-1: Implementation of the Proposed General Plan would not result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources. [Threshold E-1]
Short-Term Construction Impacts
Development projects constructed under the Proposed General Plan would create temporary demands for electricity. Natural gas is not generally required to power construction equipment, and therefore is not anticipated during construction phases. Electricity use would fluctuate according to the phase of construction. Additionally, it is anticipated that most electric-powered construction equipment would be hand tools (e.g., power drills, table saws, compressors) and lighting, which would result in minimal electricity usage during construction activities.

Development projects would also temporarily increase demands for energy associated with transportation. Transportation energy use depends on the type and number of trips, vehicle miles traveled (VMT), fuel efficiency of vehicles, and travel mode. Energy use during construction would come from the transport and use of construction equipment, delivery vehicles and haul trucks, and construction employee vehicles that would use diesel fuel or gasoline. The use of energy resources by these vehicles would fluctuate according to the phase of construction and would be temporary. It is anticipated that most off-road construction equipment, such as those used during demolition and grading, would be gas or diesel powered. In addition, all operation of construction equipment would cease upon completion of project construction. Furthermore, the construction contractors would minimize nonessential idling of construction equipment during construction in accordance with the California Code of Regulations Title 13, Article 4.8, Chapter 9, Section 2449. Such required practices would limit wasteful and unnecessary energy consumption in development in Wildomar. Moreover, future development projects within the City would be similar to the construction processes of any current development projects within Wildomar. Therefore, the proposed project would not result in wasteful, inefficient, or unnecessary consumption of fuel use during construction.

Long-Term Impacts During Operation
Non-transportation Energy
Electrical service to the City is provided by Southern California Edison (SCE) through connections to existing off-site electrical lines and new on-site infrastructure. As shown in Table 5.6-4, Year 2045 Forecast Electricity Consumption, of the DEIR, by horizon year 2045, electricity use in the City would increase by 109,987,393 kWh/year, or approximately 83 percent, from existing conditions.

As shown in Table 5.6-5, Year 2045 Forecast Natural Gas Consumption, of the DEIR, existing natural gas use in the City totals 4,995,139 therms annually. By 2045, natural gas use in the City would increase 3197
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While the electricity and natural gas demand for the City would increase compared to existing conditions, development accommodated under the Proposed General Plan would be required to comply with the current and future updates to the Building Energy Efficiency Standards and California Green Building Standards Code (CALGreen), which would contribute to reducing the energy demands shown in Table 5.6-3, Existing Operation-Related Annual Fuel Usage, of the DEIR, and Table 5.6-4, of the DEIR.

New and replacement buildings in compliance with these standards would generally have greater energy efficiency than existing buildings and each update to the Building Energy Efficiency Standards and CALGreen will result in greater building energy efficiency and move closer toward buildings achieving zero net energy usage. Additionally, the Proposed General Plan includes policies increase energy efficiency and storage such as Policies OS-6.2, OS-6.4, OS-6.5, and OS-6.6. Policy OS-3.4 which would encourage water-conserving mechanisms in existing development, such as stormwater capture systems, graywater systems, and drought-tolerant landscape planting. Encouraging sustainable and energy-efficient building practices and using more renewable energy strategies will further reduce energy consumption within the City and move closer toward achieving zero net energy.

Transportation Energy
The growth under the Proposed General Plan would consume transportation energy (e.g., gasoline, diesel, compressed natural gas, and electricity) from the use of motor vehicles. Table 5.6-6, OperationRelated Annual Fuel Usage: Net Change from Existing, of the DEIR, shows the net change in VMT, fuel usage, and fuel efficiency (miles per gallon) under the Proposed General Plan conditions compared to existing conditions and existing uses under year 2045 conditions.

Although annual VMT would increase for diesel- and gasoline-powered vehicles, the fuel efficiency would increase by 8.94 mpg and 0.34 mpg, respectively. The overall VMT as shown in Table 5.6-6, of the DEIR, would be primarily attributable to the population growth associated with the Proposed General Plan as shown in Table 5.14-7, Comparison of 2045 SCAG and Proposed General Plan Buildout Projections, of the DEIR, in Chapter 5.14, Population and Housing, of the DEIR. While VMT and fuel usage would generally increase from implementation of the Proposed General Plan when compared to existing uses, the fuel efficiency of vehicles would improve compared to existing conditions. For electric-powered vehicles, annual VMT would increase by 55,126,683 miles and annual consumption would increase by 14,085,318 kWh.

The improvement in fuel efficiency would be attributable to regulatory compliance (e.g., Corporate Average Fuel Economy [CAFE] standards), resulting in new cars that are more fuel efficient and the attrition of older, less fuel-efficient vehicles. The CAFE standards are not directly applicable to residents or land use development projects, but to car manufacturers. However, compliance with the CAFE standards by car manufacturers would ensure that vehicles produced in future years have greater fuel efficiency and would generally result in an overall benefit of reducing fuel usage by providing the population of the City more fuel-efficient vehicle options. Furthermore, while the demand in electricity would increase under the proposed project, in conjunction with the regulatory (i.e., Renewables Portfolio Standard, Senate Bill [SB] SB 350, and SB 100) and general trend toward increasing the supply and production of energy from renewable sources, it is anticipated that a greater share of electricity 3198
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Collectively, these policies and regulations would minimize overall VMT, and thus fuel usage associated with potential future development in Wildomar. Furthermore, the proposed project would rely on mixed-use and infill development for projected growth in the Wildomar region, thereby contributing to reduced energy use from the transportation sector. For example, Policies LU-10.1 and LU-10.2 encourage housing to be integrated with commercial and/or office uses within the City. Although population and VMT is projected to grow, the jobs-housing ratio would increase to 0.58 to be closer to a more equal distribution of employment and housing (see Impact 5.14-1, of the DEIR). Having a jobs-rich city would encourage the creation of more employment opportunities for the city’s residents commuting out of Wildomar. Therefore, this could result in shorter distances traveled between where people work and live and to amenities.

Implementation of proposed policies under the Proposed General Plan in conjunction with and complementary to regulatory requirements, would ensure that energy demand associated with growth under the Proposed General Plan would not be inefficient, wasteful, or unnecessary. Therefore, impacts would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to wasteful, inefficient or unnecessary consumption of energy resources. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.6-2: The Proposed General Plan would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. [Threshold E-2] California Renewables Portfolio Standard Program
The state’s electricity grid is transitioning to renewable energy under California’s Renewables Portfolio Standard (RPS) Program. The statewide RPS requirements do not directly apply to individual development projects, but to utilities and energy providers such as SCE, whose compliance with RPS requirements would contribute to the State of California objective of transitioning to renewable energy. The land uses accommodated under the Proposed General Plan would comply with the current and future iterations of the Building Energy Efficiency Standards and CALGreen.

Furthermore, as discussed for Impact 5.6-1, of the DEIR, the Proposed General Plan includes Policies OS-6.2, OS-6.4, and OS-6.6 which would encourage the transition to all-electric appliances and installation of on-site renewable energy systems for new and existing developments, and Policy OS-6.5 would promote battery storage systems, especially in buildings with solar energy installations and municipal buildings with essential community services. Therefore, implementation of the Proposed 3199
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Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to the conflict or obstruction of a state or local plan regarding renewable energy or energy efficiency. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

6. Geology and Soils
Impact 5.7-3: Soil conditions would adequately support proposed septic tanks. [Threshold G-5]
A majority of soil conditions in the City are adequate for support of proposed septic tanks. Large portions of the rural and mountainous areas of Wildomar, east of I-15 rely on septic tanks where nearby regional wastewater collection services are currently unavailable. As indicated in Section 5.19, Utilities and Service Systems, of the DEIR, the Riverside County Department of Environmental Health’s adopted Local Agency Management Program provides minimum standards and requirements for the treatment and disposal of onsite septic systems. Given the soil components as discussed in Impact Section 5.7- 2, many areas in Wildomar can adequately support septic tanks. There are specific areas within the City that septic tanks may be less favorable, such as areas of subsidence and potential for landslides. The implementation of Policies S-17 and S-18 would reduce the impacts of geologic-induced problems associated with septic tank because these policies aim at coordinating with water districts and encouraging permanent water monitoring for areas of past subsidence. Additionally, compliance with the Wildomar Municipal Code Chapter 8.96, Sewage Discharges, provides requirements for septic system installations, which would ensure that soil conditions are adequate for future installation of septic tanks.

Therefore, these policies would reduce the impact of soils conditions with respect to septic tanks.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to soil conditions adequately supporting septic tanks. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

7. Greenhouse Gases
Impact 5.8-2: Implementation of the Proposed General Plan would not conflict with an applicable plan, policy, or regulation of an agency adopted for the purpose of reducing GHG emissions. [Threshold GHG-2]
California Air Resources Board (CARB) Scoping Plan
CARB’s Scoping Plan is applicable to state agencies but is not directly applicable to cities/counties and individual projects. However, new regulations adopted by the State agencies from the Scoping Plan result in greenhouse gas (GHG) emissions reductions at the local level. Therefore, local jurisdictions benefit from reductions in transportation emissions rates, increases in water efficiency in the building 3200
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The GHG emissions shown in Table 5.8-5 City of Wildomar GHG Emissions Forecast, of the DEIR, includes reductions associated with statewide strategies that have been implemented since the adoption of Assembly Bill (AB) 32, SB 32, and AB 1279. Development projects accommodated under the Proposed General Plan are required to adhere to the programs and regulations identified by the Scoping Plan and implemented by state, regional, and local agencies to achieve the statewide GHG reduction goals of AB 32, SB 32, and AB 1279. Future development projects would be required to comply with these state GHG emissions reduction measures because they are statewide strategies. For example, new buildings associated with development projects under the proposed project would be required to meet the CALGreen and Building Energy Efficiency Standards in effect at the time when applying for building permits. Furthermore, as discussed under Impact 5.8-1, the Proposed General Plan includes goals and policies that would help reduce GHG emissions and therefore help achieve GHG reduction goals. Implementation of the Proposed General Plan would not obstruct implementation of the CARB Scoping Plan, and impacts would be less than significant.

SCAG’s Connect SoCal
Connect SoCal is Southern California’s regional transportation plan to achieve the passenger vehicle emissions reductions identified under SB 375, and identifies areas in the region that can house nearterm and long-term growth and support a diverse economy and workforce. By integrating the Forecast Development Pattern with a suite of financially constrained transportation investments, Connect SoCal can reach the regional target of reducing GHGs from autos and light-duty trucks by 8 percent per capita by 2020, and 19 percent by 2035 (compared to 2005 levels).

As demonstrated in Section 5.11, Land Use and Planning, of the DEIR, the Proposed General Plan would be consistent with the Connect SoCal goals and would further State goals through emphasis on design and reduction in VMT (see Table 5.11-1, SCAG 2020 RTP/SCS Goal Consistency Analysis, of the DEIR). In addition, Policies LU-4.1, LU-4.2, LU-8.2, and LU-9.4 as well as Policies CI-2.1, CI-4.3, CI5.5, CI-5.7, and CI-5.12 would reduce VMT per service population consistent with the regional goals.

Lastly, as discussed in Section 5.14, Population and Housing, of the DEIR, implementation of the Proposed General Plan would bring the City closer to a more equal distribution of employment and housing.

Overall, the Proposed General Plan would provide for residents to both live and work in the City instead of commuting to other areas, which would contribute to minimizing VMT and reducing VMT per service population. Therefore, the Proposed General Plan would not interfere with SCAG’s ability to implement the regional strategies in Connect SoCal, and no impact would occur.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to conflicting with an applicable plan, policy, or regulation of an agency adopted to reduce GHG emissions. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. 3201
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8. Hazards and Hazardous Materials
Impact 5.9-1: Project construction and operations would not create a significant impact due to the transport, use, and/or disposal of hazardous materials or due to reasonably foreseeable upset and accident conditions; and would not impact an existing or proposed school. [Thresholds H-1, H-2, and H-3] Construction
Potentially hazardous materials used during construction include substances such as paints, sealants, solvents, adhesives, cleaners, and diesel fuel. There is potential for these materials to spill or to create hazardous conditions. However, the materials used would not be in such quantities or stored in such a manner as to pose a significant safety hazard. These activities would also be short-term or one time in nature. In the event of a potential release and cleanup of a hazardous material in the construction process, the Riverside County Department of Environmental Health (DEH)’s Environmental Cleanup Program (ECP) would provide oversight of environmental investigations and cleanup of contaminated sites. Project construction workers would be trained in safe handling and hazardous materials use pursuant to the California Division of Occupational Safety and Health (Cal/OSHA) requirements.

To prevent hazardous conditions, existing local, state, and federal laws—such as those listed under Section 5.9.1.2, Regulatory Background, of the DEIR—are to be enforced at construction sites, as well as during the transport and disposal of hazardous materials. Cal/OSHA has regulations concerning the use of hazardous materials, including requirements for safety training, exposure warnings, availability of safety equipment, and preparation of emergency action/prevention plans. Furthermore, strict adherence to all emergency response plan requirements set forth by the Riverside County Fire Department would be required throughout the duration of project construction. Therefore, impacts would be less than significant.

Operations
Industrial uses and some commercial uses utilize greater amounts of hazardous materials than other uses, such as residential uses and schools. Operation of future residential and some commercial uses would involve the use of small quantities of hazardous materials for cleaning and maintenance purposes, such as paints, household cleaners, fertilizers, and pesticides. Operation of future industrial and some types of commercial uses would involve use of larger amounts of hazardous materials, such as fuel/diesel, and commercial grade chemicals, solvents, cleaners, etc. These types of industrial and commercial uses, and therefore, the specific types of hazardous materials to be used, are not yet known.

The use, storage, transport, and disposal of hazardous materials by future residents and commercial and industrial tenants/owners would be required to comply with existing regulations of several agencies, including the California Department of Toxic Substances Control, US Environmental Protection Agency, California Division of Occupational Safety and Health, California Department of Transportation, and Riverside County Fire Department.

Compliance with applicable laws and regulations governing the use, storage, transport, and disposal of hazardous materials would ensure that all potentially hazardous materials are used and handled in an 3202
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The California Environmental Protection Agency (CalEPA) has designated the Riverside County DEH as the Certified Unified Program Agency (CUPA), responsible for managing the following programs in the County such as the Underground Storage Tank Program, Aboveground Petroleum Storage Act Requirements, Hazardous Waste Generator and Onsite Hazardous Waste Treatment Programs, Hazardous Materials Release Response Plans and Inventories (Business Plan), California Accidental Release Prevention, and Hazardous Material Management Plans Additionally, several policies in the Safety Element and Proposed General Plan would minimize risks from businesses that use hazardous materials. For Example, Policy S-74 aims to enforce land use policies and siting criteria related to hazardous materials and waste through ongoing implementation of the programs identified in the County of Riverside Hazardous Waste Management Plan. Therefore, impacts would be less than significant.

Demolition
Future development projects may involve demolition of existing buildings and structures associated with a specific development site. Some building materials used in the mid- and late- 1900s are considered hazardous to the environment and harmful to people. For example, while asbestos was generally not used in building materials by 1980, it was still occasionally used until the late 1980s. Lead-based paint was banned for residential use in 1978 and phased out for commercial structures in 1993. Typical hazardous materials of concern for existing older structures in the City include asbestos, lead, mold, Polychlorinated Biphenyls (PCBs), and radon.

For buildings constructed before the 1950s, it is likely that some may contain asbestos-containing materials (ACMs) and lead-based paint (LBP), as well as other building materials containing lead (e.g., ceramic tile and insulation). Demolition of these buildings could cause encapsulated ACM (if present) to become friable (i.e., easily crumbled or pulverized); once airborne, they are considered a carcinogen.

Demolition could also cause the release of lead into the air.

PCBs are synthetic chemicals that were manufactured for use in various industrial and commercial applications because of their non-flammability, chemical stability, high boiling point, and electrical insulation properties. When released into the environment, PCBs persist for many years and bioaccumulate in organisms.

State agencies, in conjunction with the federal Environmental Protection Agency (EPA) and OSHA, regulate removal, abatement, and transport procedures for asbestos-containing materials. Releases of asbestos from industrial, demolition, or construction activities are prohibited by these regulations; medical evaluation and monitoring are required for employees performing activities that could expose them to asbestos. The regulations include warnings and practices that must be followed to reduce the risk for asbestos emissions and exposure. Finally, federal, state, and local agencies must be notified prior to the onset of demolition or construction activities with the potential to release asbestos. 3203
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Statement of Overriding Considerations - 23 - October 2024 Requirements for limiting asbestos emissions from building demolition and renovation activities are specified in South Coast AQMD Rule 1403 (Asbestos Emissions from Demolition/Renovation Activities). California Government Code Sections 1529 and 1532.1 provide for exposure limits, exposure monitoring, respiratory protection and good working practice by workers exposed to lead and ACM.

Therefore, impacts would be less than significant.

Accidental Release
The use, storage, and transport of hazardous materials and hazardous wastes in compliance with the applicable laws and regulations would minimize the potential for releases of hazardous materials that could pose substantial hazards to the public or the environment and would entail prompt containment and cleanup of spills. Residential uses, some civic uses such as schools and parks, and some commercial uses utilize only small amounts of hazardous materials and mostly or entirely for cleaning and maintenance purposes. Use of such small amounts of hazardous materials would not pose substantial hazards to the public or the environment through accidental releases. Businesses handling reporting quantities of hazardous or extremely hazardous materials would maintain business plans including: procedures in the event of a hazardous materials release, procedures for immediate notification of all appropriate agencies and personnel, identification of local emergency medical assistance, contact information for company emergency coordinators, a listing and location of emergency equipment at the business, an evacuation plan, and a training program for business personnel.

California Accidental Release Prevention Program (CalARP) aims to be proactive and therefore requires businesses to prepare risk management plans, which are detailed engineering analyses of the potential accident factors present at a business and the mitigation measures that can be implemented to reduce this accident potential. The Riverside County Environmental Health Division is the CUPA designated as the administering agency for CalARP. Therefore, impacts would be less than significant.

Pipelines
As noted in Section 5.9.1.3, Existing Conditions, of the DEIR, Wildomar does not contain any hazardous pipelines that run through the City, and the closest gas transmission pipeline is approximately 2.6 miles south/southeast of the City in Murrieta. Therefore, impacts would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to the transport, use, and/or disposal of hazardous materials and relating to impacting school sites. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.9-2: The City is on a list of hazardous materials sites, but would not create a significant hazard to the public or environment. [Threshold H-4] As identified in Table 5.9-1, Hazardous Sites in the City of Wildomar, of the DEIR, a search of the online EnviroStor and GeoTracker databases on October 26, 2023, identified six hazardous materials sites within the City. All six sites are designated as either “case closed” or “no action required.” Although there are six hazardous waste sites in the City, development on other sites in the City may result in hazardous materials impacts. However, properties contaminated by hazardous substances are regulated 3204
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Statement of Overriding Considerations - 24 - October 2024 at the local, state, and federal level and are subject to compliance with stringent laws and regulations for investigations and remediation that would remedy all potential impacts caused by hazardous substance contamination. Additionally, there are several policies in the Proposed General Plan and Safety Element that would ensure impacts as a result of hazardous materials would be reduced, such as Policy S-76 which requires discretionary development projects that will generate hazardous wastes or materials to include detailed information on reduction, recycling, and storage of the hazardous materials.

Therefore, buildout of the Proposed General Plan would result in a less than significant impact upon compliance with existing laws and regulations.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to significant hazards on the public or the environment. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.9-3: The City is not located in the vicinity of an airport or within the jurisdiction of an airport land use plan. [Threshold H-5]
The City of Wildomar is not within the vicinity of any airports or within the jurisdiction of an airport land use plan. Therefore, no impacts would occur.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to airport hazards. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.9-4: Project development would not affect the implementation of an emergency responder or evacuation plan. [Threshold H-6]
Regional access to and from Wildomar is limited to I-15. Several arterials in the City funnel traffic to larger arterials and freeways and several major roadways and transit routes within and adjacent to the City are crossed by one or more disaster prone areas—including Alquist Priolo zones, very high fire hazard severity zones, 100-year flood zones, dam inundation zones, and other hazards (see Figure 5.7- 2, Regional Fault Location Map, Figure 5.10-3, FEMA Flood Zones, 5.10-4, Dam Inundation Zones, and 5.20- 1, Fire Severity Zones, of the DEIR). Any of these disasters can cause damage to transportation infrastructure, preventing or impeding access by emergency responders and evacuation by residents.

As indicated in Section 2.32.080, Emergency Plan, of the Wildomar Municipal Code, the Wildomar Disaster Council is responsible for the development of the City’s emergency plan, which shall provide the effective mobilization of all the resources of the City, both public and private, to meet any condition constituting a local emergency. Furthermore, the City of Wildomar is covered under its Local Hazard Mitigation Plan (LHMP) and Emergency Operations Plan (EOP) which provide strategies to address emergencies in the City.

The City of Wildomar Emergency Services Department strives to promote a secure and resilient City with capabilities required across the whole community to prevent, mitigate, prepare, respond to, and recover from natural and man-made disasters. The Community Emergency Response Team was placed 3205
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To ensure the effectiveness of emergency planning and hazard mitigation, the local and regional fire department works with an array of community partners. These include utility service providers (water, power, and sanitation), schools, community organizations, residents, and other local entities. Mutual and automatic aid agreements are also maintained with numerous surrounding local, state, and federal agencies to allow for appropriate backup services in case of an emergency, disaster, or other similar event.

Wildomar has also implemented Government Code Section 65302 which requires that the safety element of a general plan address evacuation routes. The California Department of Forestry and Fire Protection (CAL FIRE) safety element checklist also requires cities to address evacuation routes. During an emergency, CAL FIRE/Riverside County Fire Department would provide emergency services within the City. Future development under the proposed project would be required to comply with applicable fire and building codes to meet minimum standards for fire safety. In addition, the Wildomar Safety Element includes information identifying residential developments in hazard areas that do not have at least two emergency evacuation routes, per Senate Bill 99 (2018). According to the Safety Element, the Farm Specific Plan, east of I-15 and south of Bundy Canyon, is within a hazard-prone area that lacks multiple emergency access points. The areas of concern have been identified and with use of the City’s EOP and Policies S-97 and S-98, which would aim to correspond citizens with emergency notifications and plans to safely respond to emergencies, the impacts would be reduced to less than significant.

Additionally, implementation of the Safety Element policies would ensure impacts are reduced during an emergency evacuation. For example, Policies S-97 and S-98 aim to maintain a City EOP which includes the National Incident Management System (N.I.M.S.) and to coordinate with local and State Emergency Management agencies using the Standardized Emergency Management System (S.E.M.S.) and N.I.M.S. to facilitate multi-agency emergency response. These policies would ensure adequate communication in the event of an emergency. Therefore, compliance with applicable regulations, and implementation of emergency and evacuation plans as well as the policies in the General Plan would reduce impacts to less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to an emergency response plan or evacuation plan. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.
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9. Hydrology and Water Quality
Impact 5.10-1: The proposed project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality. [Threshold HYD-1] Construction Impacts
Clearing, grading, excavation, and construction activities have the potential to impact water quality through soil erosion and increasing the amount of silt and debris carried in runoff. Additionally, the use of construction materials, such as fuels, solvents, and paints, may present a risk to surface water quality. Finally, the refueling and parking of construction vehicles and other equipment on-site during construction may result in oil, grease, or related pollutant leaks and spills that may discharge into the storm drain system.

To minimize these potential impacts, future development that involves the disturbance of one acre or more of land would require compliance with the Construction General Permit (CGP) Order WQ 2022- 0057-DWQ, which includes the preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP). A SWPPP requires the incorporation of best management practices (BMPs) to control sediment, erosion, and hazardous materials contamination of runoff during construction and prevent contaminants from reaching receiving water bodies. The CGP also requires that prior to the start of construction activities, the project applicant must file permit registration documents (PRDs) with the State Water Resources Control Board (SWRCB), which includes a Notice of Intent, risk assessment, site map, annual fee, signed certification statement, and a SWPPP. The construction contractor is required to maintain a copy of the SWPPP at the site and implement all construction BMPs identified in the SWPPP during construction activities. Prior to the issuance of a grading permit, the project applicant is required to provide proof of filing of the PRDs with the SWRCB. Submittal of the PRDs and implementation of the SWPPP throughout the construction phase of development pursuant to the Proposed General Plan would address anticipated and expected pollutants of concern from construction activities.

For future construction projects that disturb less than one acre of land, project applicants would still be required to implement an effective combination of erosion and sediment control BMPs. The City requires submittal of a Construction Runoff Management Plan for all construction sites and designates a minimum set of BMPs for erosion and sediment control, soil stabilization, and protection of natural hydrologic features. The City confirms implementation of appropriate BMPs through construction site inspections.

As a result, water quality impacts associated with construction activities would be less than significant.

Operational Impacts
Potential future development and activities under the Proposed General Plan may result in long-term impacts to the quality of stormwater and urban runoff, subsequently impacting downstream water quality. Future development can potentially create new sources for runoff contamination through changing land uses. As a consequence, future development within the City as a whole may have the 3207
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Statement of Overriding Considerations - 27 - October 2024 potential to increase the post-construction pollutant loadings of certain constituent pollutants associated with the proposed land uses and their associated features, such as landscaping.

To prevent long-term impacts associated with land use changes and in accordance with the requirements of the MS4 permit (Order No. R9-2013-0001, last amended in 2015), Wildomar Municipal Code Chapter 13.12 and the City’s Jurisdictional Runoff Management Plan (JRMP), all new development that involves the creation of 10,000 square feet or more of impervious surface and redevelopment projects that involve the creation and/or replacement of 5,000 square feet or more of impervious surface must incorporate low impact development (LID) site design, source control, and stormwater treatment measures to address post-construction stormwater runoff. These projects would be required to submit a project-specific water quality management plan (WQMP) to be reviewed and approved by the City Public Works/Engineering Department. For projects that create less than 10,000 square feet of impervious surface or replace less than 5,000 square feet of impervious surface, the City requires a water quality checklist for these “Other Development Projects,” which includes site design and source control BMPs. Additionally, the City’s WQMP and JRMP include hydromodification requirements for future development that may impact downstream channels and creeks. The City’s JRMP is updated periodically to reflect the latest MS4 permit requirements; therefore, potential future development over the buildout horizon of the Proposed General Plan would need to comply with the latest thresholds and most current municipal separate storm sewer system (MS4) permit.

As part of the statewide mandate to reduce trash within receiving waters, the City is required to adhere to the requirements of the California Trash Amendments which include the installation of trash full capture systems by 2030. A full capture system is defined as a treatment control, or series of treatment controls, including a multi-benefit project or a LID control that traps all particles that are 5 millimeters or greater and has a design treatment capacity of 1) at least the peak flow rate from a one-year, onehour storm event, or 2) appropriately sized to carry at least the same flows as the corresponding storm drain. Systems may be catch basin inserts or other insert systems or high flow capacity trash full capture systems that are designed to treat trash from large drainage areas.

Additionally, all potential future development would be required to comply with the requirements of the Wildomar Municipal Code, which prohibits illicit discharge into the storm drain system (Section 17-12.140) and includes provisions to reduce the pollutants in stormwater (Chapter 13.12.070). All development that discharges stormwater associated with industrial activity shall also comply with the requirements of the General Industrial Permit (Order No. 2014-0057-DWQ) as amended in 2018 by Order No. 2015-0122-DWQ.

Implementation of the Proposed General Plan policies, such as Policy OS-3.2, which requires new development do not degrade natural water bodies, in conjunction with adherence to MS4 permit requirements, the Statewide CGP, and the City’s JRMP and Municipal Code requirements, would ensure that potential future development would not violate any water quality standards or waste discharge requirements for both construction and operational phases, and impacts would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to degrading surface or groundwater quality. Accordingly, no changes or alterations to the 3208
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Statement of Overriding Considerations - 28 - October 2024 proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.10-2: The proposed project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin. [Threshold HYD2] Groundwater Use
A more detailed description and analysis of the City’s overall water supply and demand is provided in Section 5.19, Utilities and Service Systems, of the DEIR. Wildomar is within two groundwater basins:

Elsinore Valley Subbasin and Temecula Valley Subbasin. The Elsinore Valley Subbasin is designated by the California Department of Water Resources (DWR) as a medium-priority groundwater basin and is not in critical overdraft. The Elsinore Valley Municipal Water District (EVMWD) is the groundwater sustainability agency (GSA) for the subbasin and the groundwater sustainability plan (GSP) for the subbasin was approved by DWR in October 2023. The Temecula Valley Subbasin is designated as a very low priority basin and is not required to form GSAs or prepare GSPs. Additionally, the Temecula Valey Subbasin is managed by a different water purveyor (Rancho California Water District) that does not provide potable or recycled water to the City.

Most of the City’s water supply (approximately 68 percent) is imported surface water supplied by EVMWD which supplements its supply with groundwater pumped from 10 District-owned wells. Between 2016 and 2020, the amount of groundwater pumped from the Elsinore Valley Subbasin ranged from 2,198 acre-feet per year (AFY) to 6,751 AFY, for an average of 4,070 AFY. The groundwater supply from the Elsinore Valley Subbasin is projected to remain constant at 5,500 AFY from 2025 to 2045, and the safe yield pumping rate projection in the GSP is 6,500 AFY for the Elsinore Management Area.

With buildout of the Proposed General Plan, the City anticipates an increase in water demand of approximately 4,627 AFY (see Section 5.19, Utilities and Service Systems, of the DEIR for calculation details). According to EVMWD’s 2020 Urban Water Management Plan (UWMP), the water agency pumps groundwater from several groundwater subbasins. Even with increases in population and water demand in their service areas, EVMWD does not intend to increase groundwater pumping during normal years through 2045. However, during single and multiple dry years, groundwater pumping would increase but it would be distributed over five different groundwater subbasins. Therefore, each groundwater subbasin’s sustainable yield would not be exceeded. In addition, the GSP contains future projects that would ensure the sustainability of the groundwater subbasin, including aquifer recharge, stormwater capture and recharge, and aquifer storage and recovery.

Future development would also be required to implement the water-efficient requirements specified in the CALGreen and California Plumbing Codes and the Model Water Efficient Landscape Ordinance (MWELO) requirements for water efficient landscaping. Future projects that meet the criteria under California Water Code Section 10912 would be required to prepare a Water Supply Assessment that demonstrates that project water demands would not exceed water supplies. In addition, residential, 3209
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Statement of Overriding Considerations - 29 - October 2024 commercial, and industrial water usage can be expected to decrease in the future as a result of continued implementation of water conservation practices.

Groundwater Recharge
Although future development would increase the amount of impervious surfaces and could potentially impact groundwater recharge, these projects would be required to implement BMPs and LID measures in accordance with the regional MS4 permit and the City’s JRMP. New development or redevelopment projects would be required to implement site design measures, source control measures, stormwater treatment measures, and hydromodification measures and submit a WQMP subject to approval by the City. These measures also increase the potential for groundwater recharge. In addition, the GSP prepared for the Elsinore Valley Subbasin includes future projects that would promote groundwater recharge, including aquifer recharge, stormwater capture and recharge, and aquifer storage and recovery.

Compliance with the City’s requirements for new construction, water efficient landscaping, and the Proposed General Plan policies, such as Policy LU-7.1, which requires new development minimize alteration of natural landforms and incorporate natural drainage systems, would protect future groundwater resources. Therefore, the proposed project would not significantly interfere with groundwater recharge and would not substantially deplete groundwater supplies, and impacts would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to groundwater supplies. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.10-3: The proposed project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) result in substantial erosion or siltation on- or off-site; ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv) impede or redirect flood flows. [Threshold HYD-3] Erosion and Siltation
All potential future development would be required to implement construction-phase BMPs as well as post-construction site design, source control measures, and treatment controls in accordance with the requirements of the CGP, the Wildomar Municipal Code Chapter 13.12, the MS4 Permit, and the City’s Construction Runoff Management Plan. Each new development or redevelopment project that disturbs one or more acre of land would be required to prepare and submit a SWPPP to the SWRCB that describes the measures to control erosion and sedimentation due to construction activities. For projects of less than one acre, the City’s Construction Runoff Management Plan and Municipal Code requirements would still apply. 3210
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Statement of Overriding Considerations - 30 - October 2024 Once future development projects have been constructed, the MS4 permit requirements for new development or redevelopment projects must be implemented and include site design measures, source control measures, LID, and treatment measures that address stormwater runoff and would reduce the potential for erosion and siltation. Project-specific WQMPs submitted to the City must include BMPs that are maintained in perpetuity in accordance with the San Diego Regional Water Quality Control Board) RWQCB MS4 Permit. Adherence to the streambed alteration agreement process under Sections 1600 to 1616 of the California Fish and Game Code would further reduce erosion and siltation impacts that may occur due to streambed alterations. Compliance with these regional and local regulatory requirements will ensure that erosion and siltation impacts from new development and redevelopment projects would be less than significant.

Flooding On- or Off-site
New development and/or redevelopment and changes in land uses could result in an increase in impervious surfaces, which in turn could result in an increase in stormwater runoff, higher peak discharges to drainage channels, and the potential to cause nuisance flooding in areas without adequate drainage facilities. All potential future development must comply with the requirements of the MS4 Permit and the City’s JRMP. Regulated projects must implement BMPs which effectively minimize imperviousness, retain or detain stormwater on-site, decrease surface water flows, and slow runoff rates. Projects that may impact downstream channels and creeks must also adhere to the hydromodification requirements of the MS4 permit and the City’s JRMP to ensure that post-project runoff conditions (flow rates and durations) do not exceed pre-development runoff conditions by more than 10 percent for the 2- year, 24-hour up to the 10-year, 24-hour runoff event. Adherence to these regulatory requirements would minimize the amount of stormwater runoff from new development and redevelopment within the City. Therefore, potential future development would not result in flooding on- or off-site, and impacts would be less than significant.

Stormwater Drainage System Capacity
An increase in impervious surfaces with new development or redevelopment could result in increases in stormwater runoff, which in turn could exceed the capacity of existing or planned stormwater drainage systems.

Potential future development that involves the creation of 10,000 square feet or more of impervious surfaces or replacement of 5,000 square feet or more of impervious surfaces would trigger the implementation of site design, source control, and stormwater treatment measures to reduce stormwater runoff, pursuant to the MS4 Permit and the City’s JRMP. Prior to the issuance of grading permits, the City will require completion and submittal of a Final WQMP report for review and approval to ensure that these requirements are met. Stormwater treatment measures are required to temporarily detain site runoff for priority projects, using specific numeric sizing criteria based on volume and flow rate. Implementation of these stormwater measures will reduce the amount of stormwater runoff that is ultimately discharged to the City’s storm drain system and to Lake Elsinore and the Murrieta Creek. Projects that are subject to the hydromodification requirements of the MS4 permit must demonstrate postproject runoff conditions (flow rates and durations) do not exceed pre-development runoff conditions by more than 10 percent. For projects that create less than 10,000 square feet of impervious surface or 3211
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Statement of Overriding Considerations - 31 - October 2024 replace less than 5,000 square feet of impervious surface, the City requires a water quality checklist for these “Other Development Projects” which includes site design and source control BMPs.

Projects that meet the MS4 regulatory criteria would need to demonstrate that the regulatory requirements for the sizing and temporary on-site retention of stormwater runoff have been met by submitting a WQMP report to the City for review and approval prior to the issuance of grading permits. This would minimize the amount of stormwater runoff from new development and redevelopment sites within the City. Also, as part of the permitting process, future development would be required to pay drainage fees and development impact fees, pursuant to Wildomar Municipal Codes 33.44.040 and

16.32.040, which are designed to mitigate the impacts of stormwater that is discharged to local drainage facilities under the jurisdiction of RCFCWCD and the City of Wildomar. The fees are used to evaluate and maintain the storm drain system, implement flood control improvements, respond to flooding issues, and restore creeks and habitat.

In addition, new development and redevelopment within the City would not create substantial additional sources of polluted runoff. During the construction phase, projects would be required to prepare SWPPPs (for projects disturbing one acre or more) and the City’s Construction Runoff Management Plan (for projects disturbing less than one acre), thus limiting the discharge of pollutants from the site.

During operation, projects must implement BMPs and LID measures through WQMPs that minimize the amount of stormwater runoff and associated pollutants.

With implementation of these provisions for new development and redevelopment projects, the proposed project would not result in significant increases in runoff that would exceed the capacity of existing or planned storm drain facilities, and the impact is less than significant.

Redirecting Flood Flows
Since new development projects are required to comply with the MS4 Permit and retain stormwater on-site via the use of bioretention facilities or other stormwater treatment measures, any flood flows would also be retained temporarily on-site, which would minimize the potential for flooding impacts.

Impact 5.10-4, of the DEIR, discusses the potential for impeding or redirecting flood flows with development in areas within the 100-year floodplain. Impacts related to impeding or redirecting flood flows would be less than significant.

With compliance with the MS4 permit, the City’s stormwater requirements, and Proposed General Plan goals and policies, such as Policy CI-8.2, which implements the City’s Master Drainage Plan projects to improve stormwater runoff and flood control, potential future development under the proposed project would not result in substantial erosion or siltation and would not substantially increase the rate of surface runoff which would result in flooding, impede or redirect flood flows, or exceed the capacity of the drainage system. Impacts would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to erosion, siltation, flooding, stormwater drainages, and redirect flood flows. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. 3212
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Statement of Overriding Considerations - 32 - October 2024 Impact 5.10-4: The proposed project would not, in a flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation. [Threshold HYD-4] Pollutant Release in Flood Hazard Zones
Buildout pursuant to the Proposed General Plan could involve development of some projects in FEMA 100-year flood zones (see Figure 5.10-3 of the DEIR). Future development within the 100-year flood zones would be subject to the floodplain requirements in Wildomar Municipal Code Chapter

15.96, Flood Hazard Area Regulations, and Chapter 16.32, Flood Control and Drainage, which require new construction to be built above the base flood elevation or be designed to mitigate flooding impacts.

Prior to the start of construction or development within a Special Flood Hazard Area (i.e., 100-year floodplain), the City requires project applicants to obtain a permit from the City and construct new development in accordance with the standards in Wildomar Municipal Code Title 15, Buildings and Construction. In general, the standards of construction include provisions for flood risk reduction, including anchoring and flood-resistant materials and construction methods, with the lowest floors elevated at or one foot above the base flood elevation. The City does not allow for structures to be built within floodways, i.e., the drainage area necessary for a 100-year floodplain. Compliance with FEMA’s National Flood Insurance Program requirements and Wildomar Municipal Code requirements would reduce potential flood hazards and ensure that pollutants are not released during flood inundation.

Additionally, the City of Wildomar LHMP includes hazard mitigation actions to help reduce the risk of damage or injury from floods. These actions include continued implementation of floodplain management measures, incorporation of FEMA guidelines into the planning process, and the assessment and mitigation of urban drainage flooding.

Pollutant Release in Dam Inundation Zones
As shown in Figure 5.10-4, Dam Inundation Zones, of the DEIR, areas of Wildomar are within the inundation zones for the Diamond Valley Lake East Dam. The probability of dam failure is very low, and Wildomar and Riverside County have never been impacted by a major dam failure. In addition, dam owners are required to maintain emergency action plans (EAPs) that include procedures for damage assessment and emergency warnings. An EAP identifies potential emergency conditions at a dam and specifies preplanned actions to help minimize property damage and loss of life should those conditions occur. EAPs contain procedures and information that instruct dam owners to issue early warning and notification messages to downstream emergency management authorities, such as the City’s Emergency Services Department. Because the likelihood of catastrophic dam failure is very low, impacts related to the release of pollutants due to dam inundation are considered less than significant.

Pollutant Release from Tsunamis and Seiches
Wildomar is approximately 22 miles from the Pacific Ocean and is not within any mapped tsunami inundation zone. Therefore, there is no potential for the release of pollutants due to a tsunami.

There are no large water bodies within the City that preclude the possibility of seiches. Although seiches could theoretically occur at Lake Elsinore, the wave heights are usually one foot or less and lakes or 3213
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Statement of Overriding Considerations - 33 - October 2024 reservoirs are typically designed with a freeboard height of at least three feet. In addition, the City of Wildomar is at a higher elevation than Lake Elsinore and in the event of a seiche, water would not flow toward the City. Aboveground water storage tanks within the City could experience a seiche associated with a large earthquake. However, the tanks are constructed to withstand seismic events and would not result in failure that would cause significant flooding or the release of pollutants.

The Proposed General Plan policies would serve to minimize potential adverse impacts related to erosion, flood flows, and storm drain capacity, which in turn would address the potential for flooding, dam inundation, and seiches. Additionally, Chapter 15.96 of the Wildomar Municipal Code regulates development in flood hazard areas to protect public health and safety. In conjunction with the implementation of the City’s floodplain management requirements, and activation of the County’s emergency response system in the case of a dam failure, the potential impact that there would be a release of pollutants from flooding, dam inundation, or seiches would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to flooding, dam inundation, and seiche hazards. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.10-5: The proposed project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. [Threshold HYD-5]
Adherence to the State CGP, the Wildomar Municipal Code, the Regional MS4 Permit, and the City’s JRMP would ensure that surface and groundwater quality are not adversely impacted during construction and operation of future development. As a result, site development would not obstruct or conflict with the implementation of the San Diego RWQCB’s Basin Plan or the Santa Ana RWQCB’s Basin Plan.

The majority of the City’s potable water supply is provided by EVMWD, which is mostly imported surface water purchased from the Metropolitan Water District. The City supplements its surface water supplies with groundwater, which accounts for about 22 percent of its total water demand. The City’s groundwater supplies are from the Elsinore Valley Groundwater Subbasin, which has been designated by DWR as a medium priority basin and is not in critical overdraft. EVMWD is the GSA for the subbasin and prepared a GSP that was approved by DWR in October 2023.

With buildout of the Proposed General Plan, the City anticipates an increase in the groundwater pumping rate of approximately 1,020 AFY. When added to the existing groundwater pumping rate of 4,070 AFY, the future groundwater demand is less than the sustainable yield in the GSP of 6,500 AFY for the Elsinore Management Area. A pumping rate increase of up to 1,020 AFY is not anticipated to exceed the groundwater subbasin’s sustainable yield. In addition, the GSP contains future projects that will ensure the sustainability of the groundwater subbasin, including aquifer recharge, stormwater capture and recharge, and aquifer storage and recovery. Therefore, the Proposed General Plan would not obstruct or conflict with a groundwater management plan. 3214
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Statement of Overriding Considerations - 34 - October 2024 With adherence to the Proposed General Plan policies—such as Policy LU-7.1, which requires new development to minimize alteration of natural landforms and incorporate natural drainage systems— and continued compliance with State and City regulatory requirements, the proposed project would not obstruct or conflict with a water quality control plan or groundwater management plan, and impacts would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to conflicting with a water quality control plan or sustainable groundwater management plan. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

10. Land Use Planning
Impact 5.11-1: Project implementation would not divide an established community. [Threshold LU-1] Division of an established community commonly occurs because of development and construction of physical features that constitute a barrier to easy and frequent travel between two or more constituent parts of a community. In Wildomar, the I-15 is a physical barrier that splits the City in half. Other barriers in the City may include incomplete trails, cul-de-sacs, or noise walls in an existing neighborhood that all require use of an automobile to get around.

The design direction for the Proposed General Plan is to improve access and mobility for existing and future residents by providing vehicular connections and non-motorized transportation options. The Proposed General Plan includes Policy LU-4.1, which aims to accommodate land use development in accordance with patterns and distribution of the Land Use Plan to reduce automobile dependence; Policy CI-1.8, which requires developments to incorporate short block spacing to enhance connectivity; and Policy CI-5.2, which calls for the coordination with adjacent jurisdictions for continuous connections.

The land use pattern, intensities, and densities under the proposed project would remain generally unchanged, and future development would occur in areas that are already planned for development.

These areas are accessible by major roadways as well as existing and proposed transit and pedestrian networks.

Several policies of the Proposed General Plan would not only improve connectivity, but compatibility between existing and future development. A primary goal of the Proposed General Plan is to retain the City’s current character, and several policies of the proposed project address consistency of new development with existing developments using materials, siting, and other design techniques. Policy RC-1.7 which calls for the pursuing the acquisition of public and private land, to provide adequate parkland as envisioned in the Parks Master Plan, and Policy OS-2.3 requires that siting for new development is compatible with existing land uses.

No aspect of the Proposed General Plan would divide the existing City. In addition, the Proposed General Plan includes provisions that directly address land use connectivity, compatibility, and encroachment of new development on existing neighborhoods and land uses. Therefore, the Proposed 3215
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Statement of Overriding Considerations - 35 - October 2024 General Plan would result in no impact regarding the division of an established community or land use compatibility issues.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to the division of an established community. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.11-2: Project implementation would not conflict with applicable plans adopted for the purpose of avoiding or mitigating an environmental effect. [Threshold LU-2]
Western Riverside County Multiple Species Habitat Conservation Plan As demonstrated in Impact 5.4-4 of Section 5.4, Biological Resources, of the DEIR, the proposed project would not conflict with the MSHCP and would be required to comply with all applicable requirements, including the payment of the MSHCP Mitigation Fee, as codified in Chapter 3.42, MSHCP Mitigation Fee, of the Wildomar Municipal Code. Therefore, impacts would be less than significant.

Airport Compatibility Planning
Airport operations and their accompanying noise and safety hazards require careful land-use planning on adjacent and nearby lands to protect the residential and business uses of a community from the potential hazards that could be created by airport operations. Airport operations and their accompanying safety and noise hazards are discussed in Section 5.9, Hazards and Hazardous Materials, and Section

5.13, Noise, of the DEIR.

The nearest airport to the City of Wildomar is the Skylark Airport in the City of Lake Elsinore, located approximately 425 feet west of the Wildomar City limits. Because Skylark Airport is a private airstrip, it does not have an Airport Land Use Compatibility Plan. According to the Caltrans Department of Aeronautics’ California Airport Land Use Planning Handbook, which is designed to provide guidance for conducting airport land use compatibility planning, private airstrips are not subject to the Handbook. As such, the responsibility for airport land use compatibility planning falls to the local government. Because the Skylark Airport is within the City of Lake Elsinore, all compatibility planning and safety issues fall solely on the City of Lake Elsinore. Therefore, implementation of the proposed project would not impact compatibility planning of the Skylark Airport. As such, impacts would not be significant.

SCAG Connect SoCal Consistency
The 2045 population projection for Wildomar in the RTP/SCS is 55,200, which is less than the projected population for the planning period buildout of the Proposed General Plan of 65,325 people.

Because the proposed project may result in the City’s population exceeding the 2045 population forecast for the City, this could be considered a conflict. However, the Proposed General Plan is both consistent with the goals of the RTP/SCS and would further State goals through emphasis on design 3216
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Statement of Overriding Considerations - 36 - October 2024 and reduction in VMT, as discussed in Table 5.11-1, SCAG 2020-2045 RTP/SCS Goal Consistency Analysis, of the DEIR. Therefore, impacts would be less than significant.

Consistency with City Land Use Plans and Regulations
The proposed project would require an update to the City’s municipal code and zoning map. The City is responsible for ensuring that any outstanding zoning changes occur within a reasonable time after adoption of the Proposed General Plan. The land use designations, intensities, and densities in the City would largely remain as designated under the current General Plan, with additional revisions to the land use designation definitions to clarify the guidelines for clustering residences in the Rural Mountainous (RM) designation, indicate a maximum density in the Highest Density Residential (HHDR) designation, expand the allowed uses in the Light Industrial (LI) designation to allow for complimentary commercial uses, and to better define the existing Mixed Use Planning Area (MUPA) designation by creating two new distinct mixed-use designations referred to as Mixed Use Low (MUL) and Mixed Use High (MUH). The impacts of the land use changes are analyzed throughout the DEIR.

Following the amendments to the zoning code, if zoning and Proposed General Plan land use designations are not identical, the Proposed General Plan policies would be consulted for guidance in amending the Development Code for consistency with the updated General Plan during consideration of any development project. The update to the zoning code would follow this project and bring the code into consistency with the Proposed General Plan and would tier from this EIR. Once the Development Code is amended, there will be no inconsistencies between the Proposed General Plan and Development Code.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to conflicting with applicable land use plans. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

11. Noise
Impact 5.13-4: The proposed project would not expose residents and workers to airport-related noise. [Threshold N-3] The Skylark Airport (publicly known as Skydive Elsinore) is a private airstrip with minimal air traffic located approximately 425 feet west of the City’s western boundary. Air traffic is primarily delegated to the 25 aircrafts owned by Skydive Elsinore that are used to provide skydiving and gliding services to the community. Daily flights would therefore be scarce based on the demand for these services.

The nearest public airport, which is approximately 4.8 miles southeast of Wildomar, is the French Valley Airport in the City of Murrieta. The airport noise contours do not extend into Wildomar’s boundaries, and airport noise would not significantly affect nearby sensitive receptors (i.e., all residences in Wildomar’s boundaries are outside of the 55 A-weighted decibel [dBA] day-night sound [Ldn] and 60 dBA Ldn noise contours).
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Statement of Overriding Considerations - 37 - October 2024 Because the Proposed General Plan would not cause a direct increase in flights and all residences are outside of the 55 dBA Ldn and 60 dBA Ldn noise contours, impacts of airport-related noise on future residents and workers in the City would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to airport-related noise. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

12. Population and Housing
Impact 5.14-1: The proposed project would directly result in population growth in the project area. [Threshold P-1]
Table 5.14-7, Comparison of 2045 SCAG and Proposed General Plan Buildout Projections, of the DEIR shows the buildout projections in accordance with the Proposed General Plan buildout in comparison to the South California Association of Governments (SCAG) 2045 projections.

Population and Employment
The City currently has approximately 37,326 residents and 5,841 jobs. By the year 2045, there would be approximately 65,325 residents and 12,115 jobs, assuming all residents and employees are new to the City, which is an increase of 75 percent and 107 percent, respectively, compared to existing conditions.

The SCAG population and employment projections for Wildomar in 2045 are 55,200 residents and 11,200 jobs, respectively. The population and employment projections under the Proposed General Plan would be approximately 18 percent and 8 percent greater than the SCAG 2045 projections, respectively. The Regional Housing Needs Assessment (RHNA) associated with the statewide housing crisis has created an expectation that population projections for the region, and for the City, will need to change. Because of this, the SCAG Regional Transportation Plan/ Sustainable Communities Strategy (RTP/SCS) projections are out of sync with RHNA allocations, and do not reflect substantial growth projections forecasted for Wildomar. The current projections shown in Table 5.14-4, City of Wildomar and Riverside County Employment Trends, and Table 5.14-6, SCAG Growth Projections for the City of Wildomar and Riverside County, of the DEIR, do not reflect the RHNA and the approximately 65,325 new residents and 12,115 new jobs at buildout. While it is possible that some of the proposed residents and employees would be existing in the City, it is unlikely that all of them would be existing residents and employees from the City. While the proposed population and jobs would exceed SCAG estimates, the increase would not be a substantial unplanned growth in population; the City can accommodate the potential growth as described in the DEIR, and therefore, impacts would be less than significant.

Housing
There are currently 11,988 housing units in the City and at full buildout there would be 20,980 units, which is an increase of 75 percent from existing conditions. The estimated forecast for housing units 3218
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CEQA Findings of Fact and
Statement of Overriding Considerations - 38 - October 2024 under the Proposed General Plan would exceed the 2045 SCAG projections (see Table 5.14-7, of the DEIR) by approximately 13 percent.

It should be noted that the State of California has a shortage of housing. In 2019, Governor Newsom signed several bills aimed at addressing the need for more housing, including the Housing Crisis Act of 2019 (Senate Bill 330). While the RTP/SCS may not forecast substantial growth, the RTP/SCS was prepared prior to Housing and Community Development Department (HCD)’s RHNA allocation to SCAG of 1.34 million units, which led SCAG to ultimately assign to the City of Wildomar a RHNA allocation for the 2021–2029 planning period of 2,715 units. This RHNA allocation is slightly larger than the City’s previous RHNA allocation (2,535 units) and larger than the relatively flat growth forecast in the RTP/SCS, indicating that SCAG’s RTP/SCS is out of sync with RHNA allocations and that both HCD and SCAG forecast substantial growth for Wildomar that is not yet reflected in the RTP/SCS.

The City adopted its Housing Element and obtained state certification in 2021, which includes several policies that support a variety of housing types and densities to accommodate the requirements of the RHNA. For example, Policy H-1 supports sufficient supply of multifamily and single-family zoned land; Policy H-3, Policy H-8, and Policy H-9 call for the development of affordable housing; and Policy H-11 encourages the development of housing for special needs groups. As indicated above, the increase would not result in a substantial unplanned growth in housing since SCAG’s RTP/SCS is out of sync with the RHNA allocations. Additionally, with a statewide shortage in housing, the RHNA requirements, and City’s RHNA allocation, there is a need for an increase in housing. Therefore, impacts would be less than significant.

Jobs-Housing Ratio
According to Table 5.14-7, of the DEIR, the 2045 SCAG jobs-housing ratio would be 0.60 and under the Proposed General Plan the jobs-housing ratio would be 0.58, which are both more than the City’s existing ratio of 0.49. Thus, implementation of the proposed project would bring the City closer to the target ratio of 1.3 to 1.7 jobs per housing unit.

In general, the land uses identified in the Proposed General Plan provide opportunities for residents in the City of Wildomar to both live and work in the City rather than commuting to other areas. Additionally, the Economic Development Element identifies several policies aimed at supporting a resilient local economy and workforce housing for Wildomar residents. Therefore, while the buildout of the proposed project would directly and indirectly induce population growth, the jobs-housing ratio in the City would be improved after buildout allowed under the proposed project. Therefore, impacts would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to population growth. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. 3219
Final Environmental Impact Report
for the City Of Wildomar Proposed General Plan
CEQA Findings of Fact and
Statement of Overriding Considerations - 39 - October 2024 Impact 5.14-2: Project implementation would not result in displacing people and/or housing. [Threshold P-2]
The purpose of the Proposed General Plan is to provide orderly growth in the City through the distribution, location, balance, and extent of land uses. The Proposed General Plan introduces new land use designations––Mixed Use Low (MUL) and Mixed Use High (MUH)––which better define the existing Mixed Use Planning Area (MUPA) designation.

The proposed project would include a variety of housing types and provide additional residential opportunities within the City. Compliance with the City’s Housing Element would facilitate the development of the various housing types by providing a supply of land that is adequate to accommodate the RHNA and maintain an inventory of housing opportunity sites. As part of the Housing Element, the City of Wildomar prepared a land inventory of adequate sites to show how the City could meet the requirements for the RHNA through appropriate zoning and development standards. Additionally, Government Code Section 66300(d)(2) requires that any project that would demolish residential units must create at least as many units as will be demolished.

As described in Chapter 5.11, Land Use and Planning, of the DEIR, the land use pattern, intensities, and densities under the proposed project would remain generally unchanged, and future development would occur in areas that are already planned for development. Moreover, the Housing Element provides policies that ensure sufficient housing supply, assist with homeownership, streamline the process of residential projects, increase affordable housing, and establish a rehabilitation program, such as Policies H-1, H-4, H-7, H-9, and H-14. Therefore, the Proposed General Plan would not displace any people and would provide more housing opportunities than currently exist, and there would be no impact.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to the displacement of people and housing. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

13. Public Services
Impact 5.15-1: The proposed project would introduce new structures, residents, and workers into the Wildomar Fire Department service boundaries, thereby increasing the requirement for fire protection facilities and personnel. [Threshold FP-1] Increased demands for fire protection and emergency medical services result from increases in the number of people who reside, work, and recreate in Wildomar. The Proposed General Plan anticipates that the City's population would increase by approximately 27,999 residents over the next 20 years. As a result, additional staff and equipment would be required to maintain or achieve desired response times. It is likely that new or expanded facilities would be required, which could include new fire stations. 3220
Final Environmental Impact Report
for the City Of Wildomar Proposed General Plan
CEQA Findings of Fact and
Statement of Overriding Considerations - 40 - October 2024 Based on the current response time metric, the Wildomar Fire Department (WFD) determined that the City is at the cusp of its response time standard and would require additional improvements to meet future growth. WFD stated that the current covered apparatus meets calls for service standard; however, within the next five years, the WFD anticipates acquiring land for two future fire stations to provide appropriate service levels. The WFD recommends a thorough study of service area coverage and population density to identify service gaps.

WFD also stated that the northeastern portion of the City would require a cost mitigation agreement for Menifee Fire Station #68 to offset impacts of future development from the proposed project. In addition, the WFD is in the process of transitioning into a 56-hour work week, which will require an increase in staffing of one Fire Apparatus Engineer and one Firefighter II.

WFD indicated that to support future development envisioned under the proposed project it would need two additional stations, two fire engines and two medic squads, and a study to determine fire ladder truck coverage needs.

Project-specific details about the future fire facilities are unknown at the time of preparation of this EIR. Prior to the development of these facilities, an environmental analysis would be conducted to ensure impacts of development are reduced. As future growth in the City occurs, payment of development impact fees, as well as the City’s General Fund and Measure AA, would be available to fund the construction of fire facilities, land acquisition, staffing, and equipment.

The adoption of the Proposed General Plan would not in itself create a need for new or altered facilities. All development in the City that results from the implementation of the proposed project would be reviewed by the WFD for compliance with applicable provisions of the California fire and residential codes and the WFD’s standards. This would ensure that all future development would benefit from the most current fire prevention and safety standards, which would be expected to help keep service demands within the projected year-over-year increases.

In addition, the Proposed General Plan contains policies that aim to provide adequate fire protection and emergency medical response services to serve existing and new development, such as Policy RC4.7, which aims to provide effective fire and emergency medical services through collaborating with CAL FIRE and Riverside County Sheriff’s Department, and Policy LU-12.3, which requires new projects to either contribute their fair share to fund facilities or to construct such facilities. As such, impacts would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to fire protection facilities. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. 3221
Final Environmental Impact Report
for the City Of Wildomar Proposed General Plan
CEQA Findings of Fact and
Statement of Overriding Considerations - 41 - October 2024 Impact 5.15-2: The proposed project would introduce new structures, residents, and workers into the Wildomar Police Department service boundaries, thereby increasing the requirement for police protection facilities and personnel. [Threshold PP1] Implementation of the Proposed General Plan could result in the addition of approximately 27,999 residents. The Wildomar Police Department (WPD) indicated that the existing resources (facilities, personnel, and equipment) are adequate to serve the City under current conditions. However, the proposed buildout would double current needs to serve future development under the Proposed General Plan.

The increase in demand for police services would be met through the hiring of additional staff, as needed, which would be funded through existing funding mechanisms, such as the City’s General Fund revenue, grant funding, development impact fees, and Measure AA. There are no current plans to construct additional police facilities.

As new development occurs, new or expanded police facilities may be needed to support the associated population growth. Project-specific details about future police facilities, if needed, are unknown at this time. Prior to the development of these facilities, an environmental analysis would be conducted to ensure impacts of development are reduced. As future growth in the City occurs, payment of development impact fees, as well as the City’s General Fund and Measure AA, would be available to fund the construction of police facilities, land acquisition, staffing, and equipment. The adoption of the Proposed General Plan would not in itself create a need for new or altered facilities.

Additionally, several policies included in the Proposed General Plan would strive to ensure that adequate service levels are maintained, such as Policy RC-4.7, which aims to provide effective fire and emergency medical services through collaborating with CAL FIRE and Riverside County Sheriff’s Department, and Policy LU-12.3, which requires new projects to either contribute their fair share to fund facilities or to construct such facilities. As such, impacts would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to police protection facilities. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.15-3: The proposed project would generate approximately 3,566 new students which would impact the school enrollment capacities at the LEUSD. [Threshold SS1] Implementation of the Proposed General Plan would result in an increase of 27,999 residents and 8,992 dwelling units compared to existing conditions. The increase in students would result in a higher demand for school services. The following analysis assumes a conservative approach.

Lake Elsinore Unified School District (LEUSD) indicated that there are no current plans to construct additional LEUSD schools within the City. However, LEUSD stated that as residential development 3222
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CEQA Findings of Fact and
Statement of Overriding Considerations - 42 - October 2024 continues to increase, LEUSD would need more classrooms at schools within Wildomar, and potentially new schools, within the next 5 to 10 years, to accommodate growth.

According to Table 3-1, Proposed General Plan Buildout, in Chapter 3, Project Description, of the DEIR, the Proposed General Plan would result in an increase of 8,992 dwelling units compared to existing conditions. Of the 8,992 dwelling units proposed, 2,268 dwelling units would be single-family units and 6,724 dwelling units would be multifamily units. Therefore, based on LEUSD's established student generation rates shown in Table 5.15-3, LEUSD Student Generation Rates, of the DEIR, implementation of the Proposed General Plan would result in approximately 3,566 students. LEUSD requested that the City stay in close communication with LEUSD and consider the possibility of partnering with LEUSD to secure property and funding to construct facilities appropriate to serve the expected growth.

As new development occurs, new or expanded school facilities may be needed to support the associated population growth. Project-specific details about future school facilities, if needed, are unknown at this time. Prior to the development of these facilities, an environmental analysis would be conducted to ensure impacts of development are reduced. The adoption of the Proposed General Plan would not in itself create a need for new or altered facilities.

Additionally, existing regulations such as California Government Code Sections 65995(h) and 65996(b) provide mitigation for impacts to school facilities. Such mitigation measures include fees, charges, or requirements levied against construction, pursuant to Section 17620 of the Education Code. Furthermore, the Proposed General Plan contains a number of policies that provide for adequate public school facilities to meet future demand, such as Policy RC-4.6, which aims to maintain effective educational programs by partnering with LEUSD, and Policy LU-12.3, which requires new projects to either contribute their fair share to fund facilities or to construct such facilities.

While existing school facilities may not be adequate to accommodate all future students as envisioned under the proposed project, the increased demands for additional school facilities would be accommodated through the payment of LEUSD’s Residential and Commercial/Industrial Development School Fees. Additionally, the City provides a Notice of Impact Mitigation Requirements to an applicant for a building permit, who then works with the LEUSD to determine the precise amount of the fee. Once the fee has been paid in full, LEUSD prepares and provides a certificate to the City demonstrating payment of the fee. As required by AB 2926, this certificate allows the City to issue a building permit.

Pursuant to California Government Code Section 65995(h), payment of the impact fees fully mitigates impacts to schools. Although the increased demand for school facilities may occur under the proposed project, and would be a significant impact, payment of impact fees in compliance with SB 50 would reduce potential school impacts to a less than significant level.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to school facilities. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. 3223
Final Environmental Impact Report
for the City Of Wildomar Proposed General Plan
CEQA Findings of Fact and
Statement of Overriding Considerations - 43 - October 2024 Impact 5.15-4: The proposed project would result in the need for new or physically altered library facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objective. [Threshold LS-1] The Proposed General Plan would result in an increase of 27,999 residents, compared to existing conditions, and, therefore, library usage in Wildomar would likely also increase. The Wildomar Library indicated that the current library space and resources are not adequate for the existing population within its service area. The Wildomar Library stated that since the American Library Association no longer sets standards for library space and collection size, community needs for service functions are matched by comparing similar facilities which guide equipment and future technology needs.

Based on the Proposed General Plan buildout, the Wildomar Library would need an additional 20,000 square feet of building space, 45,000 items for their collection, 16 staff members with three full-time staff, 23 internet-capable computers, two Advanced Workstation in Education (AWE) stations for children's computers, a printing station, study rooms for parent/child and teen, a larger program room, Friends Bookstore/work area, staff workroom, storage space, and makerspace.

The Wildomar Library has expanded its digital solutions to accommodate the current population but in-person facilities are needed to accommodate those who prefer personal contact, book browsing, and live support.

As new development occurs, new or expanded library facilities may be needed to support the associated population growth. Project-specific details about future library facilities, if needed, are unknown at this time. Prior to the development of these facilities, an environmental analysis would be conducted to ensure impacts of development are reduced. The adoption of the Proposed General Plan would not in itself create a need for new or altered facilities.

The Proposed General Plan includes policies that seek to ensure that adequate services and facilities are funded to meet increasing demand, such as Policy RC-4.4, which aims to provide high-quality library resources by collaborating with Riverside County, and Policy LU-12.3, which requires new projects to either contribute their fair share to fund facilities or to construct such facilities. As such, impacts would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to library facilities. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

14. Recreation
Impact 5.16-1: The proposed project would generate additional residents that would increase the use of existing park and recreational facilities. [Threshold R-1] The City’s park standard is three acres per 1,000 residents, as indicated in Section 16.20.020, Park and Recreation Fees and Dedications, of the Wildomar Municipal Code. With an existing population of 37,326 residents, the parkland requirement at three acres per 1,000 residents would be approximately 3224
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CEQA Findings of Fact and
Statement of Overriding Considerations - 44 - October 2024 112 acres. With a buildout population of 65,325 residents, the City would need 196 acres of parkland.

While there would be a deficiency of approximately 154.3 acres of parkland at buildout, there are jointuse facilities, multi-use and equestrian trails, conserved lands (65 acres), and natural open space in and adjacent to the City, including Cleveland National Forest (460,000 acres).

Moreover, new development would be required to pay development impact fees and/or dedicate parkland or pay an in-lieu fee. The availability of new facilities would prevent the accelerated physical deterioration of existing facilities. Additionally, as indicated in the City’s Parks Master Plan, there are plans to expand and construct additional parks in the City. This process would ensure that the park deficiency would not get worse as development occurs.

The Proposed General Plan includes policies that support the provision of parks in the City, such as Policy LU-13.2, which calls for the incorporation of open space and recreational amenities in areas of new development, Policy RC-1.4, which aims to seek opportunities to develop parks in neighborhoods with the highest unmet need, and Policy RC-1.7, which calls for the acquisition of public and private land to provide adequate parkland.

With the implementation of the Proposed General Plan policies, as well as the provision of existing and proposed parks, joint-use facilities, trails, conserved land, and open space land, impacts to existing parks and recreational facilities would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to the use of park and recreational facilities. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.16-2: Implementation of the Proposed General Plan would not result in environmental impacts associated with new and/or expanded recreational facilities. [Threshold R-2]
The Proposed General Plan guides growth and development within the City and is not a development project. As the population of the City grows, recreational facilities may be developed and/or improved to provide residents with additional recreational opportunities and to adhere to the City’s parkland standard of three acres per 1,000 residents. Parks are also a permitted use under other land use designations (e.g., residential land uses), which could result in the development of recreational facilities outside of park-designated parcels.

Development and operation of new or expanded recreational facilities may have an adverse physical effect on the environment, including impacts related to air quality, biological resources, lighting, noise, and traffic. As the DEIR assumes construction would occur on all areas designated for development, the physical environmental impacts associated with the construction and/or expansions of existing park facilities in accordance with the proposed land use plan are addressed throughout the DEIR.

Similarly, potentially adverse impacts to the environment may result from the expansion of recreational facilities and multiuse trails pursuant to buildout of the proposed project are also addressed throughout the DEIR. Subsequent environmental review for individual recreational developments would also be required. Consequently, impacts from the Proposed General Plan relating to new and/or expanded 3225
Final Environmental Impact Report
for the City Of Wildomar Proposed General Plan
CEQA Findings of Fact and
Statement of Overriding Considerations - 45 - October 2024 recreational facilities would not result in additional impacts other than those disclosed in the DEIR.

Impacts would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to new and/or expanded recreational facilities. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

15. Transportation
Impact 5.17-1: The proposed project would be consistent with adopted programs, plans, and policies addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. [Threshold T-1]
The Proposed General Plan proposes enhancements to the multimodal transportation and roadway networks, as shown on Figure 5.17-6, Proposed Pedestrian Routes, Figure 5.17-7, Proposed Bicycle Network, Figure 5.17-8, Proposed Multi-Use Trails, and Figure 5.17-9, Proposed Roadway Network, of the DEIR. Additionally, the proposed project includes multiple policies aimed at ensuring adequate roadway design and providing multimodal facilities, such as Policy CI-1.1, which calls for planning, designing, operating, and maintaining City streets to provide for all types of transportation; Policy CI-1.5, which calls for the use of traffic calming tools to implement Complete Streets principles and reduce vehicular speed; Policy CI-1.8, which requires developments to incorporate short block spacing and a street grid network to enhance connectivity, when feasible; Policy CI-2.4 and Policy CI-2.5, which call for the implementation of pedestrian routes and improvement of pedestrian crossing safety; Policy CI-3.1, which calls for the improvement and connectivity of the bicycle network; Policy CI-4.1, which calls for working with regional partners to ensure adequate transit service is provided consistent with future growth; and Policy CI-5.1, which calls for the implementation of planned roadway networks through new development and redevelopment. With implementation of these policies, the proposed project would not conflict with a program, plan, ordinance, or policy addressing the circulation system. Therefore, impacts would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to adopted programs, plans, and policies addressing the circulation system. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.17-3: The proposed project would not result in a substantial increase in hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment), or result in inadequate emergency access. [Thresholds T-3 and T-4] Buildout of the proposed project would involve the alteration, intensification, and redistribution of land uses in the City. The Proposed General Plan includes circulation network improvements that would be subject to the review and future consideration of the City’s Public Works Department, and would include an evaluation of the roadway alignments, intersection geometrics, and traffic control 3226
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CEQA Findings of Fact and
Statement of Overriding Considerations - 46 - October 2024 features. Roadway improvements would have to be made in accordance with the City’s circulation plan and roadway design guidelines and meet design guidelines of the California Manual of Uniform Traffic Control Devices.

All future development under the proposed project would undergo extensive review at the City to ensure consistency with the City’s development standards and roadway design standards. Ingress and egress for future projects would be reviewed by the City as well as the CAL FIRE/Riverside County Fire Department to ensure there is sufficient emergency access provided at the site as required by the City of Wildomar Municipal Code 8.28, Fire Code, for compliance with the California Fire Code.

Additionally, the proposed project includes policies to improve safety for all roadway users, such as Policy CI-1.5, which calls for the use of traffic calming tools to assist with implementing Complete Streets principles and reduce vehicular speeds, Policy CI-1.6, which calls for regularly monitoring and evaluating Citywide safety and usage trends for all travel modes, Policy CI-2.5 and Policy CI-2.6, which call for improving pedestrian crossing safety and enhancing pedestrian visibility, Policy CI-3.7, which calls for enhancing bicycle intersection crossing efficiency and safety through intersection design considerations, and Policy CI-5.7, which calls for evaluating the need to designate additional roads or amend existing designations to help enhance vehicle circulation and reduce congestion. As such, impacts would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to hazards due to a geometric design feature or inadequate emergency access. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

16. Utilities and Service Systems
Impact 5.19-1: The proposed project would not require or result in the relocation or construction of new or expanded wastewater treatment facilities, the construction or relocation of which could cause significant environmental effects. [Threshold U-1]
Buildout of the Proposed General Plan would result in an increase in wastewater generation with the addition of 8,992 dwelling units and 2,965,538 square feet of non-residential land use. However, future demands from the increased population and land use changes from implementation of the Proposed General Plan would not exceed the permitted capacity of the EVMWD Water Reclamation Facility (WRF) that serves the City. For areas within the City, wastewater generated by the Proposed General Plan would be collected by the EVMWD sewer system and conveyed to the Regional WRF. In addition, wastewater from the City of Lake Elsinore and other nearby communities are treated at the Regional WRF and served by the EVMWD sewer collection system. A small portion of the southern area of Wildomar is served by the Rancho California Water District (RCWD)’s Santa Rosa WRF. New residences and construction in areas of Wildomar that are zoned rural mountainous and are far from a connecting sewer collection system would be served by private septic systems and would require permitting by the Riverside County Department of Environmental Health and the City of Wildomar. 3227
Final Environmental Impact Report
for the City Of Wildomar Proposed General Plan
CEQA Findings of Fact and
Statement of Overriding Considerations - 47 - October 2024 The estimated amount of additional wastewater generated by the Proposed General Plan is shown in Table 5.19-1, Wastewater Demand Increase: Proposed Project, of the DEIR. The wastewater generation numbers are conservative because they do not account for the water conservation measures that new construction would be required to implement with compliance to the CALGreen Building Code and the fact that some areas of Wildomar would be on private septic systems and not connected to the wastewater collection system. These wastewater generation numbers are also conservative because the Farm community area of Wildomar has its own sewer collection and treatment system.

The increase in wastewater demand with buildout of the Proposed General Plan is estimated to be approximately 2.1 mgd. According to the Sewer Master Plan, EVMWD projected 10.8 million gallons per day (mgd) of wastewater in 2020 for their entire service area. As the population of Wildomar is approximately 23 percent of the total population of the EVMWD service area, approximately 2.5 mgd of existing wastewater can be attributed to Wildomar (i.e., 23 percent of 10.8 mgd). When the 2.1 mgd of wastewater demand from project buildout is combined with the existing average daily flow of 2.5 mgd for the City, the total amount of wastewater generated by the City in 2045 is estimated to be 4.5 mgd.

The existing average daily flows to the Regional WRF is 6.0 mgd and to the Santa Rosa WRF is 0.8 mgd from EVMWD’s service area. The Regional WRF has a permitted capacity for an average daily flow of 8 mgd but is being upgraded to 12 mgd by 2026, and the Santa Rosa WRF has a permitted capacity of 5 mgd. Therefore, the residual capacity for the Regional WRF in 2045 would be 6 mgd, which is greater than the additional 2.1 mgd of wastewater that would be generated from buildout of the Proposed General Plan. Additionally, the Santa Rosa WRF currently treats on average 0.8 mgd of wastewater from Wildomar in the southern part of EVMWD’s service area, and in total treats an average daily flow of approximately 2.9 mgd for its service area. Therefore, the Santa Rosa WRF has a residual capacity of 2.1 mgd, which would accommodate any future growth in the southern portion of Wildomar. Lastly, wastewater flows from smaller portions of the EVMWD service area outside of Wildomar would continue to be to its two other WRFs (Horsethief Canyon WRF and Railroad Canyon WRF) and not contribute to the treated capacity for the Regional WRF and Santa Rosa WRF. As the Regional WRF and Santa Rosa WRF each have adequate capacity for future growth in their service areas, the EVMWD and RCWD would be able to accommodate future wastewater flows from Wildomar and the other cities and communities in the area.

EVMWD imposes sewer connection fees on new development to recover a proportionate share of costs for expanding wastewater collection services and upgrades to the WRFs. Implementation of the Proposed General Plan would not require the construction or expansion of the Regional WRF, Santa Rosa WRF or sewer collection system beyond what is already planned or under construction. Adherence to the City’s Municipal Code requirements in Chapter 8.96, Sewage Discharges, and Chapter

13.04, Sewer System Service, as well as the Proposed General Plan policies, such as Policy LU-2.1, which would ensure adequate service provision for new development, would reduce wastewater generation rates over time, and therefore impacts associated with the sewer collection and treatment systems would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to the wastewater treatment facilities. Accordingly, no changes or alterations to the 3228
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for the City Of Wildomar Proposed General Plan
CEQA Findings of Fact and
Statement of Overriding Considerations - 48 - October 2024 proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.19-2: The wastewater treatment provider would have adequate capacity to serve the proposed project’s projected demand in addition to the provider’s existing commitments. [Threshold U-3]
The Regional WRF, which serves the majority of the City, is currently permitted to treat up to 8 mgd, and upon completion of the expansion project, scheduled for completion in 2026, would be able to treat up to 12 mgd. The residual capacity for the Regional WRF at project buildout would be 6 mgd.

The increase in wastewater demand from 2020 to 2045 is estimated to be 2.1 mgd, as shown in Table

5.19-1, of the DEIR, which would result in an estimated total amount of wastewater discharged from the City of 4.5 mgd in 2045. The Santa Rosa WRF would continue to serve the southern portion of the City, south of Clinton Keith Road, which has an additional average daily capacity of 5 mgd for its entire service area and a residual capacity of approximately 2.1 mgd. Wildomar currently discharges on average 0.8 mgd to the Santa Rosa WRF.

New development from implementation of the Proposed General Plan would be required to comply with the latest CALGreen and California Plumbing codes and implement active and passive water conservation measures. This would reduce wastewater discharge rates below what was calculated in Table 5.19-1, of the DEIR. Furthermore, potential future development pursuant to the Proposed General Plan would undergo City review and be required to comply with the Proposed General Plan policies, such as Policy LU-3.2, which would ensure adequate provision of public services.

With continued compliance with applicable regulations, wastewater generated by the Proposed General Plan would not exceed the capacity of the Regional WRF or Santa Rosa WRF once the expansion project is completed. Also, the Proposed General Plan policies would ensure that potential future development would minimize impacts to wastewater collection and treatment capacity. For example, Policy CI-8.1, ensures sewer services meet resident needs reliably and support the City’s growth through collaboration between the City and EVMWD. Therefore, implementation of the Proposed General Plan would not result in a determination by the wastewater treatment providers that there is insufficient capacity to serve the City’s future wastewater demands in addition to the demands of existing and future development within the wastewater providers service areas. Therefore, the impacts would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to adequate wastewater treatment capacity. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.
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CEQA Findings of Fact and
Statement of Overriding Considerations - 49 - October 2024 Impact 5.19-3: The proposed project would have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple-dry years. [Threshold U-2]
Buildout of the Proposed General Plan would result in an increase in water demand with the addition of 8,992 dwelling units and 2,965,538 new square feet of non-residential land use. The projected increase in water demand for the Proposed General Plan is provided in Table 5.19-4, Water Demand Increase: Proposed Project, of the DEIR.

The increase in water demand with buildout of the Proposed General Plan is estimated to be approximately 4.1 mgd or 4,627 afy. According to the Water Master Plan, EVMWD provided 23,653 afy in 2020 for their entire service area. As the current population of Wildomar is approximately 23 percent of the total population of the EVMWD’s service area, then approximately 5,384 afy of the existing water demand can be attributed to customers in Wildomar. Therefore, the estimated total water demand from the City in 2045 with the Proposed General Plan buildout is estimated to be 10,011 afy (existing demand of 5,384 afy plus additional demand of 4,626 afy).

The total projected water demand in 2045 for the EVMWD service area is estimated to be 40,170 afy.

When compared to the total water demand for the Proposed General Plan, the City at full buildout would account for approximately 25 percent of the EVMWD’s projected demand for 2045. This growth in population and future water demand is in alignment with projected population growth from the SCAG for the City as compared to other cities in the EVMWD service area. For instance, SCAG projects the population of Wildomar to increase by 56 percent between 2016 and 2045, whereas Canyon Lake and Murrieta are projected to only increase by 6 percent and 12 percent, respectively.

Additionally, new construction would be required to comply with the water efficient requirements of CALGreen, California Plumbing Code, and the City’s MWELO. New construction for both residential and commercial land uses typically achieve a reduction in water usage rates of 20 percent through compliance with these regulations.

As documented in Table 5.19-2, EVMWD Supply and Demand Comparison, and Table 5.19-3, EVMWD Multiple Dry Year Supply and Demand Comparison, of the DEIR, EVMWD can meet all customers’ demands during normal year, single dry year, and multiple dry year conditions with excess water available.

In addition, EVMWD will continue to implement and expand its water conservation program, which includes water efficiency rebates to residential and commercial customers, water waste prevention ordinances, conservation pricing, and public education and outreach.

Furthermore, future development pursuant to the Proposed General Plan would be required to comply with the Proposed General Plan policies. For example, Policy OS-3.1, would lead to water conservation and protection of water supply through the City’s collaboration and assistance for EVMWD’s UWMP updates. Also, new development would be required to implement the water efficient requirements specified in the CALGreen and California Plumbing Codes and the MWELO requirements for water efficient landscaping. Future projects under the Proposed General Plan that meet the criteria under California Water Code Section 10912 would be required to prepare a WSA that demonstrates that project water demands would not exceed water supplies. In addition, residential, commercial, and 3230
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Statement of Overriding Considerations - 50 - October 2024 industrial water usage can be expected to decrease in the future as a result of the implementation of the 2018 Water Conservation Legislation that sets new standards for indoor and outdoor residential water use, commercial water use for landscape irrigation with dedicated meters, and water loss standards. Therefore, impacts to water supplies would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to sufficient water supplies. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.19-4: The proposed project would not require or result in the relocation or construction of new or expanded water facilities, the construction or relocation of which could cause significant environmental effects. [Threshold U-1] EVMWD has sufficient water supplies available under normal, single-dry, and multi-dry year conditions. In the event that EVMWD projects their future demand could exceed supplies, EVMWD would implement their Water Shortage Contingency Plan (WSCP) which provides water conservation procedures as a result of a drought or supply interruption. Additionally, the total projected water demand of 10,011 afy for the City of Wildomar in 2045 is approximately 25 percent the total projected water demand for the EVMWD service population in 2045 of 40,170 afy. Therefore, the Proposed General Plan would not significantly impact water supplies.

Future development from implementation of the Proposed General Plan could result in new and expanded water infrastructure. However, EVMWD plans to expand and upgrade their distribution systems to accommodate potential future development, which are addressed throughout their Capital Improvement Program (CIP) as described with each revision of their Water Master Plan. Planned improvements include continued groundwater well replacement and rehabilitation, increasing the imported water capacity in the Mills Gravity Pipeline, and the replacement of 5,100 linear feet of an existing water main between the Tomlin 1 Pump Station and the Tomlin 1 Reservoir. Currently, EVMWD purchases the majority of its water supply from Metropolitan Water District of Southern California (MWD), with less than 10 percent received from the Canyon Lake Water Treatment Plant.

Because EVMWD’s 2045 water supply is projected to meet the water demand with implementation of the Proposed General Plan, the proposed project would not require the expansion of capacity or relocation of the Canyon Lake Water Treatment Plant, and impacts would be less than significant. In addition, each future development under the Proposed General Plan would be required to demonstrate the availability of water to serve the development in the form of will-serve letters from the water purveyors or for larger projects, preparation of a Water Supply Assessment (WSA) as required by Section 10910 of the California Water Code. Therefore, implementation of the Proposed General Plan would not result in the need to construct additional water supply or distribution systems, nor would it need to relocate existing water treatment facilities.

In summary, new construction or expansion of the water distribution system due to implementation of the Proposed General Plan would not significantly impact water treatment facilities or EVMWD’s distribution system. EVMWD has capital improvement projects to monitor and upgrade its water distribution systems to accommodate future development, as described in its Water Master Plan. 3231
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Statement of Overriding Considerations - 51 - October 2024 Compliance with the City’s requirements for new construction, water-efficient landscaping, and implementation of the Proposed General Plan policies, such as Policy OS-3.3, which encourages water serving fixtures in new development and advocate for the implementation of conservation strategies by water purveyors, and Policy OS-3.5, which supports EVMWD’s efforts to expand the recycled water system in the City, would result in less-than-significant impacts with respect to the need for new and/or expanded water facilities.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to water facilities. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.19-5: The proposed project would not require or result in the relocation or construction of new or expanded stormwater drainage facilities, the construction or relocation of which could cause significant environmental effects. [Threshold U-1]
New development and/or redevelopment as part of the Proposed General Plan would result in an increase in impervious surfaces, which in turn could result in an increase in stormwater runoff, higher peak discharges to drainage channels, and the potential to cause nuisance flooding in areas without adequate drainage facilities. The Regional MS4 permit defines priority development projects as projects that create 10,000 square feet or more of impervious surfaces or replace 5,000 square feet or more of impervious surface; these projects would be required to implement site design, source control, and stormwater treatment and runoff measures using specific numeric sizing criteria based on the volume and flow rate of stormwater that is generated by the project. Each priority development project must prepare a project-specific WQMP, which undergoes review by City Public Works/Engineering Department personnel to ensure that the MS4 regulatory requirements for temporary on-site stormwater runoff retention have been met. Project-specific WQMPs would include BMPs to reduce stormwater impacts; such BMPs may include, but are not limited to, bioretention basins, permeable pavement, and infiltration trenches. Also, the City’s Community Development Department would apply conditions of approval to each project to ensure that the requirements of the MS4 permit have been met. Compliance with the MS4 permit and the City’s WQMP program would minimize increases in the amount of stormwater runoff from future development in the City.

The MS4 permit and Riverside County LID BMP Handbooks require that all projects that generate runoff from an 85th percentile, 24-hour storm event must treat stormwater onsite. Priority development projects must also adhere to the hydromodification requirements of the MS4 permit and demonstrate that post-construction runoff flow rates and durations do not exceed pre-development conditions by more than 10 percent. This would minimize the amount of stormwater runoff from new development and redevelopment sites within the City.

Also, as part of the permitting process, future development would be required to pay fees to the City and the Riverside County Flood Control and Water Conservation District (RCFCWCD), pursuant to Wildomar Municipal Code Chapter 16.32, Flood Control and Drainage, which is designed to mitigate impacts of stormwater discharged to flood control channels and storm drains. Planned improvements to the City’s storm drainage system are implemented through the CIP and the City’s Master Drainage 3232
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Statement of Overriding Considerations - 52 - October 2024 Plan updates. The prioritized projects in the latest CIP involving stormwater infrastructure focus on updating the Master Drainage Plan, improvements to various storm drains to reduce flooding, and acquiring right-of-way to maintain natural conveyance for portion of Murrieta Creek/Wildomar Channel.

Compliance with the MS4 permit and the Proposed General Plan policies, such as Policy CI-8.2, which describes implementing projects identified in the City’s Master Drainage Plan to manage storm runoff; implementation of BMPs and on-site stormwater control measures; and City requirements regarding the preparation and review of WQMPs would ensure that the implementation of the Proposed General Plan would not result in significant increases in runoff and would not contribute to the construction of new storm drain facilities or expansion of existing facilities that would cause significant environmental impacts. In addition, the City would continue to repair, rehabilitate, and upgrade the storm drain system through implementation of the CIP program. Therefore, impacts with respect to stormwater infrastructure would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to storm drainage facilities. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.19-6: The proposed project would not generate solid waste in excess of State or local standards or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. [Threshold U-4] Under the Proposed General Plan, the population is anticipated to increase by 27,999 residents and 6,274 employees. As shown in Table 5.19-5, Solid Waste Increase: Proposed Project, of the DEIR, this level of growth would result in an increase in solid waste of approximately 138 tons per day, or 50,262 tons per year. These numbers are conservative because, with continued recycling and waste reduction programs implemented by the City and CR&R Environmental Services (CR&R), the waste generation rates would be reduced over time.

The increase of 138 tons per day with buildout of the proposed project, as shown in Table 5.19-5, of the DEIR, would be about 2.5 percent of the current residual capacity of 5,526 tons/day at El Sobrante Landfill. This estimate conservatively assumes that all of the generated waste is landfilled. In addition, approximately 20 percent of the solid waste from the City is transported to other landfills in Riverside County and southern California, and a portion of the waste generated in the City is diverted from landfill disposal through recycling and composting. Although the California Department of Resources Recycling and Recovery (CalRecycle) does not provide the recycling rate for Wildomar, California as a whole diverted 42 percent of total waste in 2020. As such, the Proposed General Plan would not generate solid waste in excess of the capacity of the landfills that serve the City.

With continued compliance with the applicable regulations, leading to increased recycling and waste diversion, and adherence to the Proposed General Plan policies, such as Policy OS-7.1, which supports recycling programs for residential and non-residential development to reduce the solid waste sent to landfills, anticipated rates of solid waste disposal from the Proposed General Plan would be less than 3233
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Statement of Overriding Considerations - 53 - October 2024 significant with respect to permitted landfill capacity. In addition, the City is below the CalRecycle target disposal rates of 4.8 pounds per day (ppd) for residents and 36.2 ppd for employees and meets the regulatory requirements of AB 939. Therefore, implementation of the Proposed General Plan would not generate solid waste in excess of State and local standards, or in excess of the capacity of the landfills, or otherwise impair the attainment of solid waste reduction goals, and the impact is less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to generating excess solid waste that would exceed landfill capacity. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.19-7: The proposed project would comply with federal, state, and local statutes and regulations related to solid waste. [Threshold U-5]
As discussed under Impact 5.19-6, CR&R and the City comply with all State requirements to reduce the volume of solid waste through recycling and organic waste diversion. The City’s per capita disposal rates of 4.1 ppd per resident and 25.6 ppd per employee are below the CalRecycle targets of 4.8 ppd for residents and 36.2 ppd for employees. In addition, all potential future development would comply with Division 4.4, Material Conservation and Resource Efficiency, of the CALGreen Building Code, which requires that at least 65 percent of nonhazardous construction and demolition waste from nonresidential construction operations be recycled and/or salvaged for reuse.

Potential future development would also comply with AB 341, which mandates recycling for commercial and multifamily residential land uses as well as schools and school districts. All jurisdictions in California are required to provide organic waste collection services to all residents and businesses, beginning in 2022 and in accordance with SB 1383. The City and CR&R currently comply with all applicable federal, State, and local solid waste regulations, and solid waste, recycling, and green waste collection services are available to all residents and commercial businesses in Wildomar. Therefore, the Proposed General Plan would comply with all current and future regulatory requirements, and impacts would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to regulations pertaining to solid waste. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

17. Wildfire
Impact 5.20-3: The proposed project would require the installation and maintenance of associated infrastructure in areas that are undeveloped or vacant, which could exacerbate fire risk or result in temporary or ongoing impacts to the environment. [Threshold W-3] Buildout of the Proposed General Plan would result in additional infrastructure, such as roadways, transmission lines, and other utilities, in underdeveloped and undeveloped areas of the City in order to 3234
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Statement of Overriding Considerations - 54 - October 2024 serve new development. Some of this new infrastructure would likely be constructed in the Very High Fire Hazard Severity Zones (FHSZs). To protect development in these areas from the risk of wildfire, the City requires adherence to a wide range of state and local codes, such as the California Fire Code, which provides minimum standards to increase the ability of a building to resist the intrusion of flames or embers from a vegetation fire and building with materials that meet performance standards; State Responsibility Area (SRA) and Very High FHSZ fire safe design requirements that include standards for setbacks and maintenance of defensible space and for secondary egress; California Public Utilities Commission requirements for managing vegetation around electrical transmission lines, and other standards and recommendations outlined in the City’s Local Hazard Mitigation Plan and 2021-2029 Safety Element. Public Resources Code Section 4291 also requires vegetation around buildings or structures to maintain defensible space within 100 feet of a structure and an ember-resistant zone within 5 feet of a structure. Additionally, CAL FIRE SRA Fire Safe Regulations require parcels to provide a minimum 30-foot setback for all buildings from all property lines and/or the center of a road. As such, these requirements would reduce the potential for new roadways to exacerbate wildfire risks.

The California Public Utilities Commission requires maintenance of vegetation around power lines, strict wire-to-wire clearances, annual inspections of above-ground power lines, and the preparation of fire prevention plans for above-ground power lines in high fire-threat districts. These measures would reduce the wildfire risks associated with the installation and maintenance of power lines. Additionally, all utilities would be installed to meet service provider requirements and could be required to be undergrounded pursuant to Wildomar Municipal Code Section 13.16, Underground Utility Districts, and Safety Element Policy S-102, which requires the coordination with utility companies to minimize service interruptions.

Such infrastructure and maintenance activities would also be required to comply with the adopted State regulations, Wildomar Municipal Code standards, and the Wildomar Safety Element policies to mitigate the impact of infrastructure on the environment. Therefore, impacts would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to exacerbation of fire risk due to the installation and maintenance of infrastructure. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.20-4: The proposed project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes. [Threshold W-4] Wildfires can create favorable conditions for other hazards, such as flooding and landslides. Wildfires on steep slopes can burn the vegetation that stabilizes the slope and create hydrophobic conditions that prevent the ground from absorbing water. This can lead to landslides, debris flows, and flooding.

A project would result in a significant impact if—due to slopes, drainage patterns, or post-fire slope instability—it would expose people or structures to significant risks from landslides, debris flows, or flooding.
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Statement of Overriding Considerations - 55 - October 2024 As shown in Figure 3-0, Landslide Susceptibility, of the Wildomar Safety Element, the northern, eastern, and southwestern parts of the City are in high landslide susceptibility zones (also refer to Figure

5.7-3, Areas With Landslide Susceptibility, in Section 5.7, Geology and Soils, of the DEIR). According to the California Department of Conservation (CDC), the eastern portion of the City is located within a landslide zone. Landslides are most likely to occur during seasons of high precipitation and after fires.

Future development in the City is required to comply with State and local regulations, such as the California Building Code, Wildomar Municipal Code, and the Wildomar Safety Element. For example, Section 1803 of the 2022 California Building Code requires that a geotechnical investigation must assess existing landslide susceptibility on a project site. Additionally, there are several policies in the Wildomar Safety Element that address development in landslide susceptibility areas, such as Policy S-11 through Policy S-14. These policies work to minimize the risk of landslides by regulating development in landslide susceptibility areas by requiring geotechnical investigations, site design to reduce landslides, slope stability mitigation, and slope stabilization practices, respectively.

According to Figure 5-0, Flood Hazard Zones, of the Wildomar Safety Element, the southwestern portion of the City includes 100-year and 500-year flood zones, which have a 1 percent and 0.2 percent chance of flooding in any given year, respectively (also refer to Figure 5.10-3, FEMA Flood Zones, in Section 5.10, Hydrology and Water Quality, of the DEIR). While there is a low chance of flooding in the majority of the City, Section 15.96, Flood Hazard Area Regulations, of the Wildomar Municipal Code, was adopted in pursuant to the National Flood Insurance Program to protect public health, safety, and welfare and minimize public and private costs caused by flooding by regulating development within flood hazard areas. Furthermore, Policy S-19 and Policy S-20 of the Wildomar Safety Element call for the City to disapprove new development within 100-year floodplains that cannot mitigate flood hazards and require development within 100-year storm flow zones to be floodproofed.

Future construction activities related to the proposed project would be subject to compliance with the California Building Code and California Fire Code, and would include landslide and flood hazard prevention best management practices. These may include but are not limited to covering of the soil, use of a dust-inhibiting material, landscaping, use of straw and jute, hydroseeding, and grading in a pattern than slows stormwater flow and reduces the potential for erosion, landslides, and downstream flooding. All future development, regardless of the location, would be required to comply with adopted local, regional, and State plans and regulations addressing wildfire prevention, landslides, and floods, which would minimize risks of post-fire hazards. As such, compliance with these policies and regulatory requirements would ensure impacts from post-fire instability would be less than significant.

Finding. The proposed project would have a less than significant direct, indirect, and cumulative impact relating to exposing people or structures to post-fire hazards. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. 3236
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Statement of Overriding Considerations - 56 - October 2024 C. Findings on Significant Environmental Impacts that can be reduced to a Less Than Significant Level
The following summary describes impacts of the proposed project that, without mitigation, would result in significant adverse impacts. Upon implementation of the mitigation measures provided in the Draft EIR, these impacts, from Chapter 5, would be considered less than significant.

1. Biological Resources
Impact 5.4-2: Implementation of the Proposed General Plan could impact sensitive natural communities, including wetlands and riparian habitat. [Thresholds B-2 and B3] Most of the wetlands that exist within the City limits can be categorized as freshwater emergent wetlands, freshwater forested/shrub wetlands, freshwater ponds, and riverine, as shown in Figure 5.4-5a through Figure 5.4-5o, of the DEIR. These features are commonly associated with streambeds, drainages, and channels (such as the Murrieta Creek), and have the potential to provide corridors that encourage the movement of wildlife and provide habitat for sensitive wildlife and plant species.

According to a California Natural Diversity Database (CNDDB) search, five sensitive natural vegetation communities were recorded within or near the City: Southern Coast Live Oak Riparian Forest, Southern Cottonwood Willow Riparian Forest, Southern Interior Basalt Flow Vernal Pool, Southern Sycamore Alder Riparian Woodland, and Valley Needlegrass Grassland.

The general vegetation communities and land cover types within the City include agricultural lands; chaparral; coastal sage scrub; grassland; meadows and marshes; riparian scrub, woodland, and forests; water; woodland and forests; and developed/disturbed areas (see Figure 5.4-4a through Figure 5.4-4o, of the DEIR). These general communities have the potential to be composed of vegetation alliances, which may be considered sensitive natural communities by CDFW.

While the City is mostly urbanized, it does contain open space areas that may be suitable for sensitive natural communities such as wetlands and riparian habitats. Implementation of the proposed project would increase development in the City, which could impact sensitive natural communities.

Future development in accordance with the Proposed General Plan, including maintenance of drainages to maintain public safety, could impact waters and wetlands jurisdictional to the CDFW, US Army Corps of Engineers (USACE), and San Diego and Santa Ana RWQCBs. Waters of the United States are jurisdictional to the USACE; waters of the State are jurisdictional to the San Diego and Santa Ana RWQCBs and the CDFW; and wetlands meeting certain criteria are jurisdictional to the USACE and/or the CDFW. Future development in accordance with the Proposed General Plan could impact sensitive natural communities directly (e.g., building over the jurisdictional resources by filling the land) or indirectly (e.g., increased stormwater drainage or runoff into nearby jurisdictional waters).

The Proposed General Plan includes policies aimed at reducing impacts to sensitive natural communities, such as Policy LU-13.1, which provides for the permanent preservation of open space lands, and 3237
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Statement of Overriding Considerations - 57 - October 2024 Policy OS-1.2, which requires development to avoid and conserve remaining habitats in wetlands and riparian areas. Moreover, the MSHCP does not allow take of riparian areas.

Additionally, Mitigation Measures BIO-1, BIO-2, and BIO-10 through BIO-13 would be implemented, which require an environmental analysis and DBESP for aquatic resources and natural vegetation communities and a Lake or Streambed Alteration Notification. Additionally, Figure 5.4-15, Flow Chart to Guide Riparian Habitat/Riverine Areas and Vernal Pools, of the DEIR, and Figure 5.4-16, Flow Chart to Guide Aquatic Resources Recommendations, of the DEIR, provide flow charts to assist future developers on the steps required to ensure future projects minimize impacts to riparian habitats and aquatic resources.

Implementation of the Proposed General Plan policies as well as Mitigation Measures BIO-1 and BIO2, and BIO-10 through BIO-13 would reduce impacts to less than significant.

Mitigation Measure:

The following mitigation measures were included in the Draft EIR and the Final EIR and are applicable to the proposed project.

BIO-1 If an action may adversely impact biological resources, a qualified biologist or their trained designee shall conduct mandatory worker environmental awareness training for all parties involved with implementation of the action (e.g., contractors and work crews), prior to the start of construction, to aid the parties in recognizing specialstatus species and other sensitive biological resources that may occur within the area of the proposed action. The training shall include identification of the special-status species with potential to occur and their habitats, a description of the regulatory status of sensitive resources, and review of the impact limits, location of environmentally sensitive areas, and measures required to reduce impacts to avoided onsite and offsite biological resources.

BIO-2 If an action has potential to inadvertently impact avoided onsite or offsite biological resources, appropriate measures shall be developed and implemented prior to the start of ground disturbing activities to ensure all impacts occur only in the area of the proposed action. Appropriate measures may include control of sediment, erosion, and hazardous materials; demarcation of action area prior to implementation and maintenance of demarcation through the duration of implementation; and measures to ensure all actions that have potential to impact biological resources stay within the demarcated limits.

BIO-10 If an action may impact sensitive natural vegetation communities, an environmental analysis to determine if there is potential for sensitive natural communities or other protected vegetation communities shall be conducted by a qualified biologist. If it is determined that in the habitat assessment prepared by a qualified biologist that there are no sensitive natural communities or other protected vegetation communities within a project site, no other measures are recommended. If sensitive natural communities (riparian habitat, riverine areas, vernal pools) are identified within the impact area (permanent and temporary, direct and indirect), appropriate measures to avoid, 3238
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Statement of Overriding Considerations - 58 - October 2024 minimize, or mitigate for impacts to sensitive natural communities shall be implemented. If riparian/riverine resources and vernal pools are proposed for avoidance, the habitat assessment shall include a commitment to place a conservation easement or deed restriction over the area in order to demonstrate that the area will be protected in perpetuity. If a project cannot avoid riparian/riverine habitat and/or vernal pools in perpetuity (both permanent and temporarily), a DBESP shall be required that would propose mitigation that demonstrates equivalent or superior function and value, and shall be submitted to the City of Wildomar Community Development Department and applicable Wildlife Agencies. Refer to Figure 5.4-15, Flow Chart to Guide Riparian Habitat/Riverine Areas and Vernal Pools, of the DEIR.

BIO-11 If an action will impact riparian habitat as determined by a qualified biologist, a Lake and Streambed Alteration Agreement, pursuant to Section 1602 of the California Department of Fish and Game Code shall be obtained prior to the start of ground disturbing activities. Minimization measures will be developed during consultation with CDFW as part of the Lake and Streambed Alteration Agreement process to ensure protections for affected fish and wildlife resources.

BIO-12 If an action has the potential to impact aquatic resources, an environmental analysis (i.e., a preliminary aquatic resources delineation) shall be conducted to determine if potentially regulated aquatic resources occur within a project site. A qualified wetland delineator shall conduct the environmental analysis and it shall include review of the best available hydrological information, a reconnaissance-level site visit, and an evaluation of aquatic resources to determine the potential for regulated aquatic resources to occur within a project site. If it is determined in the habitat assessment prepared by a qualified biologist that there are no potentially regulated aquatic resources, no other measures are recommended and the habitat assessment shall be submitted to the City of Wildomar Community Development Department and applicable Wildlife Agencies. If conditions or circumstances change after the environmental analysis is conducted and prior to ground-disturbing activities associated with the action, the validity of the results shall be confirmed or an updated environmental analysis shall be conducted prior to impacting a project site. Refer to Figure 5.4-16, Flow Chart to Guide Aquatic Resources Recommendations, of the DEIR.

BIO-13 If an action may impact potentially regulated aquatic resources, an aquatic resources delineation shall be conducted by a qualified biologist for a project consistent with the methods detailed within the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987), Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region, and State Wetlands Definitions and Procedures for Discharges of Dredged and Fill Material to Waters of the State, and local policies by the CDFW regarding their jurisdiction, following the definitions contained within the California Fish and Game Code pertaining to regulated resources (lakes, streams, and associated hydrophytic vegetation). If it is determined by a qualified biologist that potentially regulated aquatic resources are absent from a project site or will not be impacted by the action, no other measures are recommended and the 3239
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Statement of Overriding Considerations - 59 - October 2024 habitat assessment shall be submitted to the City of Wildomar Community Development Department and USACE. If it is determined that potentially regulated aquatic resources may be impacted by the action, the delineation shall be submitted to the USACE, and a Preliminary Jurisdictional Determination or Approved Jurisdictional Determination shall be obtained. The project applicant shall obtain all required permits from the USACE and applicable agencies prior to the start of construction activities. Refer to Figure 5.4-16, Flow Chart to Guide Aquatic Resources Recommendations, of the DEIR.

Finding:

Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the mitigation measures above. The City of Wildomar hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted.

Rationale for Finding
Impacts to sensitive natural communities, including riparian habitat and wetlands, could occur. Implementation of Mitigation Measures BIO-1 and BIO-2, which require worker environmental awareness training for biological resources and appropriate measures to avoid impacts to biological resources, as well as Mitigation Measures BIO-10 through BIO-13, which require an environmental analysis and DBESP for aquatic resources and natural vegetation communities, and a Lake or Streambed Alteration Notification, would be implemented. With the implementation of Mitigation Measures BIO-1, BIO-2, and BIO-10 through BIO-13, impacts would be reduced to less than significant with mitigation incorporated.

Impact 5.4-3: The proposed project could affect wildlife movement in and around the City. [Threshold B-4]
In the southwestern area of the City limits are the foothills of the Cleveland National Forest, which contain a large expanse of natural habitat that may allow for wildlife migration and nursery sites. The City also encompasses the foothills of the Santa Margarita Mountains and Elsinore Mountains. However, due to development within the City, movement from the City into the Cleveland National Forest and mountain ranges, and vice versa, is limited. The City is developed and I-15 bisects the City in a north-south direction, which further limits the success of wildlife dispersal. An additional movement corridor, Murrieta Creek, exists within the City and may provide wildlife with ways to move throughout developed areas. The San Andreas Rift Zone within and adjacent to the City provides unique topographical characteristics, microclimates, and habitats that allow for habitat linkages and can facilitate movement. The City provides wildlife movement opportunities in other forms, such as open land and preserved areas. Although the City’s developed environment lessens the value of wildlife corridors within the City, such corridors still exist.

The MSHCP has proposed to create a linkage (Proposed Linkage 8), which is composed largely of upland habitat in the Sedco Hills and Wildomar areas, that would connect the Core Areas in the Lake Mathews/Estelle Mountain, Alberhill, and Cleveland National Forest areas with the Core Areas in 3240
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Statement of Overriding Considerations - 60 - October 2024 French Valley, Johnson Ranch, Diamond Valley Lake, and San Jacinto Mountains. This proposed linkage would provide live-in habitat for over 50 pairs of coastal California gnatcatcher, as well as a connection to other key populations of gnatcatcher known to occur in Alberhill, North Peak, and the Ramsgate area. Other planning species for which habitat is provided include Quino checkerspot butterfly, Stephens’ kangaroo rat, and bobcat. The grasslands in this proposed linkage also provide foraging habitat for a number of raptors. Maintenance of large intact interconnected habitat blocks is important for these species. The northern portion of this linkage includes a portion of the lower San Jacinto River extending under I-15 to connect with Proposed Extension of Existing Core 3, which is in the northeast region of the MSHCP area.

The MSHCP has identified key habitat areas and linkages within the MSHCP Plan Area for the conservation of mountain lions. These Conservation Areas are comprised of large blocks of open space and include the Santa Rosa Plateau-Santa Ana Mountains, Agua Tibia Wilderness-Palomar Mountains, Badlands-San Jacinto Mountains-Santa Rosa Mountains, and San Bernardino Mountains, among others. These Conservation Areas also include habitat linkages and movement corridors between large habitat blocks that allow dispersal and movement of mountain lions throughout the MSHCP Plan Area and to areas outside of the MSHCP Plan Area. Note that none of the MSHCP Conservation Areas (including both core and linkage habitats) identified for conservation of the mountain lion occur within the City limits. Nonetheless, the southwestern area of the City limits that contains the foothills of the Cleveland National Forest includes a large expanse of natural habitat that may allow for wildlife migration.

The MSHCP identifies mountain lion as a planning species in Existing Cores A, B, C, F, G, I, J, K, L and M; Proposed Cores 3, 4, 6 and 7; Existing Linkage A; Proposed Linkage 1, 5, 9, 10, 11, 15, 17, and 18; and Proposed Constrained Linkage 1, 2, 5, 10, 11, 14. The following Cores are considered “live in” Cores for mountain lion:
• Existing Core B – Cleveland National Forest,
• Existing Core G – Santa Margarita Ecological Reserve, • Existing Core K – San Bernardino National Forest,
• Existing Core L – Beauty Mountain,
• Existing Core M – Agua Tibia Mountains,
• Existing Linkage A – BLM land east of Rainbow Creek
Proposed Core 3 – Badlands/ Potrero
The MSHCP has identified key habitat areas and linkages within the MSHCP Plan Area for the conservation of mountain lions. These Conservation Areas are comprised of large blocks of open space and include the Santa Rosa Plateau-Santa Ana Mountains, Agua Tibia Wilderness-Palomar Mountains, Badlands-San Jacinto Mountains-Santa Rosa Mountains, and San Bernardino Mountains, among others. These Conservation Areas also include habitat linkages and movement corridors between large habitat blocks that allow dispersal and movement of mountain lions throughout the MSHCP Plan Area and to areas outside of the MSHCP Plan Area. Areas considered critical for mountain lion movement include Proposed Constrained Linkage 1 and 2 (connection between Cleveland National Forest and Chino Hills State Park under Highway 91), Proposed Linkage 1 and Constrained Linkage 5 (connection between Cleveland National Forest and Lake Matthews/Estelle Mountain under I-15), Proposed 3241
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Statement of Overriding Considerations - 61 - October 2024 Linkage 9 (connection between Cleveland and the Santa Rosa Plateau), and Proposed Constrained Linkage 14 (connection between Santa Ana Mountains and the Palomar Mountains). These Conservation Areas also include habitat linkages and movement corridors between large habitat blocks that allow dispersal and movement of mountain lions throughout the MSHCP Plan Area and to areas outside of the MSHCP Plan Area. The City is not within the key habitat areas and linkages within the MSHCP Plan Area for conservation of the mountain lion. Therefore, buildout of the City in accordance with the Proposed General Plan would not result in a significant impact on wildlife movement of the mountain lion. Pursuant to the MSHCP, mountain lion is a Covered Species Adequately Conserved and because the City is not identified by the MSHCP as part of any existing or proposed linkages, corridors, or conservation areas and as long as the terms of the MSHCP are implemented, the Wildlife Agencies will not require additional mitigation. Furthermore, development of a property outside the MSHCP Conservation Area (both within and outside of the Criteria Area) shall receive Take Authorization for Covered Species Adequately Conserved provided a payment of a mitigation fee is made in compliance with MSHCP Section 6.0. Payment of the mitigation fee and compliance with the requirements of Section 6.0 will provide full mitigation under the CEQA, FESA, CESA for impacts to species and habitats covered by the MSHCP per the agreements with the USFWS and CDFW.

Migratory birds can also be found within the City limits. Migratory birds, some of which are listed in Table 5.4-2, of the DEIR, may use the surrounding areas, including the City, as a stopping point in their migratory journey. These birds are protected by the Migratory Bird Treaty Act (MBTA) which implements international treaties between the U.S. and other nations devised to protect migratory birds, and any of their parts, eggs, and nests, from activities such as hunting, pursuing, capturing, killing, selling, and shipping, unless expressly authorized in the regulations or by permit. All future development within the City would be required to comply with the MBTA. Additionally, the MSHCP does not allow take of any nesting birds, regardless of the time of year, pursuant to the MBTA and applicable Fish and Game Codes.

Figure 5.4-17, Flow Chart to Guide Wildlife Corridor and Movement Protection Recommendations, of the DEIR, provides a flow chart to assist future developers on the steps required to ensure future projects minimize impacts to wildlife corridors.

The Proposed General Plan includes policies aimed at reducing impacts to wildlife corridors, including the following:
• Policy LU-13.1 Preservation of Open Space Lands. Provide for permanent preservation of open space lands that contain important natural resources, hazards, water features, watercourses, and scenic and recreational value. • Policy OS-1.4 Rewilding and Habitat Restoration. Pursue opportunities for rewilding and restoring critical habitats for sensitive species that include, but are not limited to the following:
preserving, enhancing, restoring, and expanding an integrated network of open space to support beneficial uses, such as habitat, recreation, natural resources, historic and tribal resources, water management, and aesthetics.
• Policy OS-1.5 Wildlife Corridors. Protect existing wildlife corridors by reducing habitat fragmentation from new developments. Work with the Riverside Conservation Agency (RCA) to pursue land purchase opportunities to preserve available lands. 3242
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Statement of Overriding Considerations - 62 - October 2024 • Policy OS-1.8 Protect Ridgelines. Protect ridgelines from incompatible development that diminishes their scenic value, and ensure their conservation, preservation, and management.

Additionally, Mitigation Measures BIO-1, BIO-2, BIO-7, BIO-8, and BIO-9, as well as Mitigation Measure BIO-14, which requires measures to avoid, minimize, and mitigate for significant impacts to be implemented in consultation with the appropriate regulatory agency.

Future development under the project would be required to demonstrate compliance with the MSHCP, FESA, CESA, and CEQA, as well as with the proposed General Plan Update goals, objectives, and policies discussed above, which would reduce potential impacts on wildlife movement within the City.

Policies under the proposed General Plan Update that require measures such as site-specific biological studies and compliance with the MSHCP would ensure that the assessment of potential impacts to wildlife movement be made on a project by project basis. With the implementation of the Proposed General Plan policies and Mitigation Measures BIO-1, BIO-2, BIO-7, BIO-8, BIO-9, and BIO-14, impacts would be reduced to less than significant.

Mitigation Measure:

The following mitigation measures were included in the Draft EIR and the Final EIR and are applicable to the proposed project.

See Mitigation Measures BIO-1, BIO-2, BIO-7, BIO-8, BIO-9, and BIO-14.

BIO-7 If an action has potential to adversely impact riparian bird species (least Bell’s vireo, southwestern willow flycatcher, or yellow-billed cuckoo [Coccyzus americanus]), and if suitable habitat (nesting and/or foraging) is present, then protocol-level focused surveys shall be required. Focused surveys shall be conducted in accordance with accepted USFWS survey protocols for the least Bell’s vireo, southwestern willow flycatcher, and yellow-billed cuckoo (Least Bell’s Vireo Survey Guidelines [2001], A Natural History Summary and Survey Protocol for the Southwestern Willow Flycatcher [2010], and A Natural History Summary and Survey Protocol for the Western Distinct Population Segment of the Yellow-Billed Cuckoo [2016]). If it is determined in the habitat assessment prepared by a qualified biologist that there is no potential habitat for riparian bird species to occur within a project site, a conclusion that no suitable habitat is present on the site supported with solid evidence and no other measures are recommended shall be provided to the project applicant and City of Wildomar Community Development Department. If conditions or circumstances change after the environmental analysis is conducted and prior to ground-disturbing activities associated with the action, then the validity of the results shall be confirmed, or an updated environmental analysis shall be conducted prior to impacting a project site.

If least Bell’s vireo, southwestern willow flycatcher, or yellow-billed cuckoo are identified within a project site and a project cannot demonstrate 90 percent avoidance of the occupied portion of the property that contributes to the long-term conservation 3243
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Statement of Overriding Considerations - 63 - October 2024 value of the species, a DBESP is required. This includes 100 meters of undeveloped landscape on a property adjacent to the habitat conserved. A justification by a qualified biologist regarding how the 90 percent and 10 percent determinations were made is required and shall be included in the DBESP. Refer to Figure 5.4-11, Flow Chart to Guide Riparian Bird Species Recommendations, of the DEIR.

BIO-8 If an action has the potential to impact coastal California gnatcatcher, a habitat assessment shall be prepared by a qualified biologist to determine if suitable habitat is present in the area of the proposed action. If suitable habitat is present (i.e., coastal sage scrub, Riversidean sage scrub) and an action has potential to adversely impact the coastal California gnatcatcher, avoid clearing, grubbing, grading, and associated construction actions in gnatcatcher occupied habitat within the Criteria Cells and/or PQP lands between March 1 and August 15. If this species is detected and a project may be potentially occupied and the habitat cannot be avoided, this habitat cannot be removed from March 1 to August 15 without conducting focused protocol-level surveys to prove absence. If it is determined in the habitat assessment prepared by a qualified biologist that there is no potential habitat for coastal California gnatcatcher to occur within a project site, a conclusion that no suitable habitat is present on the site supported with solid evidence and no other measures are recommended shall be provided to the project applicant and the City of Wildomar Community Development Department. Refer to Figure 5.4-12, Flow Chart to Coastal Gnatcatcher Recommendations, of the DEIR.

BIO-9 If an action that may adversely impact birds or nests (e.g., ground or vegetation disturbance, noise near nesting habitat) and is expected is to occur during the nesting season (generally February 1 through September 15), a pre-construction nesting-bird survey shall be conducted for all suitable nesting habitat within three days prior to ground-disturbing activities associated with the action. The survey shall be conducted by a qualified biologist within a project site plus a buffer for the project as determined by the qualified biologist (based on the action and what bird species may be impacted).

If no nesting birds are observed during the survey, site preparation and construction activities may begin. If nesting birds (including nesting raptors) are found to be present, avoidance or minimization measures shall be undertaken to avoid potential project-related impacts. Measures may include seasonal work restrictions or establishment of a non-disturbance buffer around each active nest until nesting has been completed as determined through periodic nest monitoring by the biologist. The size of the non-disturbance buffer shall be determined by the project biologist. Once nesting is deemed complete by the project biologist, work may resume within the buffer.

Refer to Figure 5.4-13, Flow Chart to Guide Special-Status Wildlife (Including Protected Birds/Nests) Recommendations, of the DEIR.

BIO-14 If an action requiring a discretionary approval is within or adjacent to a Core Area, Linkage or wildlife movement corridor identified in the Western Riverside County Multi-Species Habitat Conservation Plan (MSHCP) or a project-specific biological analysis, a qualified biologist shall, prior to any ground disturbance, prepare and 3244
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Statement of Overriding Considerations - 64 - October 2024 submit to the City a wildlife movement evaluation for the proposed project to assess whether the project has the potential to substantially interfere with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites.

The City shall review the evaluation and in doing so may confer with any/all applicable resource agencies (e.g. CDFW, USFWS, NMFS) to assess the extent of any such impacts and impose conditions requiring the implementation of appropriate and feasible measures such as avoidance, design alteration, overcrossings, or other measures to reduce any such potentially significant impacts to the greatest extent feasible.

Finding:

Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the mitigation measures above. The City of Wildomar hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted.

Rationale for Finding
Buildout under the Proposed General Plan could impact wildlife movement in and around the City.

Implementation of Mitigation Measures BIO-1 and BIO-2 require worker environmental awareness training for biological resources and appropriate measures to avoid impacts to biological resources; Mitigation Measures BIO-7 through BIO-9 provide provisions to reduce impacts to wildlife species; and Mitigation Measure BIO-14 requires measures to avoid, minimize, or mitigate for significant impacts to be implemented, would reduce impacts to wildlife movement and corridors. Therefore, with the implementation of Mitigation Measures BIO-1, BIO-2, BIO-7, BIO-8, BIO-9, and BIO-14, impacts would be reduced to less than significant with mitigation incorporated.

2. Cultural Resources
Impact 5.5-2: Future development of the proposed project could impact archaeological resources. [Threshold C-2] Long-term implementation of the Proposed General Plan could allow development (e.g., new development, infill development, redevelopment, and revitalization/restoration), including grading of known and unknown sensitive areas. Grading and construction activities of undeveloped areas or redevelopment that requires more intensive soil excavation than in the past could potentially cause the disturbance of archaeological resources. Therefore, future development that would be accommodated by the proposed project could potentially unearth previously unrecorded resources.

Archaeological sites are protected by a wide variety of state policies and regulations enumerated under the California Public Resources Code. Cultural resources are also recognized as nonrenewable and therefore receive protection under the California Public Resources Code and CEQA. Per Public Resources Code Section 21083.2, the CEQA lead agency is required to determine whether a development project may have a significant effect on archaeological resources. If the lead agency determines that the 3245
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Statement of Overriding Considerations - 65 - October 2024 project may have a significant effect on unique archaeological resources, the project-level CEQA document being prepared for the development project is required to address the issue of those resources.

The Proposed General Plan includes the following policies which would minimize impacts to archaeological resources: Policy LU-1.3, which allows for the clustering of development to preserve culturally sensitive resources, and Policy OS-4.3, which requires new development to avoid and minimize impacts to archaeological resources.

The Proposed General Plan is a regulatory document that sets the framework for future growth and development in the City and does not result in development in and of itself. Before any development or development activities can occur, they must be analyzed for conformance with the General Plan, zoning requirements, and other applicable local and state requirements; comply with the requirements of CEQA; and obtain all necessary clearances and permits.

Long-term implementation of the Proposed General Plan could allow development, including grading of known and unknown sensitive areas. Grading activities of undeveloped areas or redevelopment that requires more intensive soil excavation than in the past could potentially cause the disturbance of archaeological resources. Therefore, impacts would be potentially significant. All development projects in the City would be required to implement Mitigation Measures TCR-1 through TCR-8, which outline procedures and requirements for the inadvertent discovery of archaeological resources, cultural resources disposition, retaining an archeologist, retaining Native American monitors from the Pechanga and Soboba tribes, preparation of archaeology Phase III and Phase IV reports, non-disclosure of reburial sites for inadvertent discoveries, and implementing no-build easements for reburial sites. With the implementation of Mitigation Measures TCR-1 through TCR-8, impacts would be less than significant.

Mitigation Measure:

The following mitigation measures were included in the Draft EIR and the Final EIR, and are applicable to the proposed project.

TCR-1 Inadvertent Archeological Find. If during ground disturbance activities, cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Cultural resources are defined as being multiple artifacts in close association with each other, but also include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the lead agency and Native American Tribe(s) that elected to consult under AB 52 (“Consulting Tribe(s)”).
a. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. b. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s), developer, and the archaeologist, a 3246
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Statement of Overriding Considerations - 66 - October 2024 decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources.
c. Grading or further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed.
d. Treatment and avoidance of the newly discovered resources shall be consistent with the Treatment and Monitoring Agreements entered into with the Consulting Tribe(s) and the applicant. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity as identified in Mitigation Measures TCR-2 and TCR-7.
e. If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III data recovery plan (see Mitigation Measure TCR-6) shall be prepared by the project archeologist, in consultation with the Consulting Tribe(s), and shall be submitted to the City for their review and approval prior to implementation of the said plan. f. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and tribal cultural resources. If the landowner and the Consulting Tribe(s) cannot agree on the significance or the mitigation for the archaeological or tribal cultural resources, these issues will be presented to the Community Development Director for decision. The City’s Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological and tribal cultural resources, recommendations of the project archeologist, and shall take into account the cultural and religious principles and practices of the Consulting Tribe(s). Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council.

TCR-2 Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:
a. One or more of the following treatments, in order of preference, as numbered below, shall be employed with the Consulting Tribe(s). Evidence of such shall be provided to the City of Wildomar Community Development Department:
i. Preservation-In-Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources. 3247
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Statement of Overriding Considerations - 67 - October 2024 ii. Reburial of the resources on the Project property. The measures for reburial shall include, at least, the following: Measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed, with an exception that sacred items, burial goods and Native American human remains are excluded. Any reburial process shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase IV report (see Mitigation Measure TCR-6).

The Phase IV Report shall be filed with the City under a confidential cover and not subject to Public Records Request.
iii. If preservation in place or reburial is not feasible then the resources shall be curated in a culturally appropriate manner at a Riverside County curation facility that meets State Resources Department Office of Historic Preservation Guidelines for the Curation of Archaeological Resources ensuring access and use pursuant to the Guidelines. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees by the Applicant necessary for permanent curation. Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that all fees have been paid, shall be provided by the landowner to the City. There shall be no destructive or invasive testing on sacred items, burial goods, and Native American human remains, as defined by the cultural and religious practices of the Most Likely Descendant. Results concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report.

TCR-3 Archaeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a Riverside County qualified Registered Professional Archaeologist (RPA), to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources.

The Registered Professional Archaeologist and the Tribal monitor(s) required by Mitigation Measures TCR-4 and TCR-5 shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Registered Professional Archaeologist and the Tribal monitor(s), shall independently have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors.

The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this condition of approval. Upon verification, the Community Development Department shall clear this condition. 3248
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Statement of Overriding Considerations - 68 - October 2024 In addition, the Registered Professional Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a Cultural Resources Management Plan (CRMP) pursuant to the definition in AB 52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site.

A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB 52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal. Pub. Res. Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include:
a. Project grading and development scheduling;
b. The Project archaeologist and the Consulting Tribes(s) shall attend the pre-grading meeting with the City, the construction manager and any contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new construction personnel that will conduct earthwork or grading activities that begin work on the Project following the initial Training must take the Cultural Sensitivity Training prior to beginning work and the Project archaeologist and Consulting Tribe(s) shall make themselves available to provide the training on an as-needed basis;
c. The protocols and stipulations that the contractor, City, Consulting Tribe(s) and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation.

TCR-4 Native American Monitoring (Pechanga). Tribal monitor(s) shall be required on-site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Tribal Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist.

TCR-5 Native American Monitoring (Soboba). Tribal monitor(s) shall be required on-site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Soboba Band of Luiseno Indians. Prior to issuance of a grading 3249
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Statement of Overriding Considerations - 69 - October 2024 permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Tribal Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist.

TCR-6 Archeology Report - Phase III and IV. Prior to final inspection, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if required for the Project) and the Phase IV Cultural Resources Monitoring Report. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre-grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Consulting Tribe(s) Cultural Resources Department(s).

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

TCR-8 No-Build Easement or Similar Instrument. In the event that Native American artifacts are found and buried within the project vicinity, a no-build easement, or similar legal instrument, shall be used to preclude future development from taking place on the reburial site(s).

Finding:

Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the mitigation measures above. The City of Wildomar hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted.

Rationale for Finding
Mitigation Measures TCR-1 through TCR-8, which outline procedures and requirements for the inadvertent discovery of archaeological resources, cultural resources disposition, retaining an archeologist, retaining Native American monitors from the Pechanga and Soboba tribes, preparation of archaeology Phase III and Phase IV reports, non-disclosure of reburial sites for inadvertent discoveries, and implementing no-build easements for reburial sites, would reduce impacts to less than significant. 3250
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Statement of Overriding Considerations - 70 - October 2024 Impact 5.5-3: Future grading activities could potentially disturb human remains. [Threshold C-3]
California Health and Safety Code, Section 7050.5; CEQA Guidelines Section 15064.5; and Public Resources Code, Section 5097.98 mandate the process to be followed in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery. Specifically, California Health and Safety Code, Section 7050.5 requires that if human remains are discovered on a project site, excavation or disturbance of the site shall cease until the coroner has conducted an investigation into the circumstances, manner, and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in Section 5097.98 of the Public Resources Code. If the coroner determines that the remains are not subject to his or her authority, and if the coroner recognizes or has reason to believe the human remains are those of a Native American, he or she shall contact the Native American Heritage Commission by telephone within 24 hours. Soildisturbing activities associated with development in accordance with the Proposed General Plan could result in the discovery of human remains. Impacts would be potentially significant. However, all development projects in the City would be required to implement Mitigation Measure CUL-2, which requires compliance with State Health and Safety Code Section 7050.5 and Public Resource Code Section 5097.98(b), and Mitigation Measure TCR-7, which requires the non-disclosure of reburial sites for inadvertent discoveries. Therefore, impacts would be less than significant upon implementation of Mitigation Measure CUL-2 and Mitigation Measure TCR-7.

Mitigation Measure:

The following mitigation measures were included in the Draft EIR and the Final EIR, and are applicable to the proposed project.

See Mitigation Measure TCR-7
CUL-2 Human Remains. If potential human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant" (MLD). The MLD shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. No photographs are to be taken of any human remains and/or cremations except by the coroner, with written approval by the consulting tribe(s).

Finding:
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Statement of Overriding Considerations - 71 - October 2024 Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the mitigation measures above. The City of Wildomar hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted.

Rationale for Finding
Mitigation Measure CUL-2, which requires compliance with State Health and Safety Code Section 7050.5 and Public Resource Code Section 5097.98(b), and Mitigation Measure TCR-7, which requires non-disclosure of reburial sites for inadvertent discoveries, would reduce impacts to less than significant.

3. Geology and Soils
Impact 5.7-1: Project residents, employees, and visitors could be subject to potential seismic-related hazards. [Threshold G-1i-iv] Seismic Hazards
Wildomar’s location and underlying geology make it susceptible to seismic and geologic hazards, including surface (fault) rupture and seismic ground shaking.

Ground Rupture
As shown on Figure 5.7-2, of the DEIR, there are several fault lines and Alquist-Priolo Zones in or near the City. The Whittier-Elsinore Fault is the most prevalent Alquist-Priolo Zone within the City, as a portion of the Fault Zone (Glen Ivy/Temecula Segments) crosses directly through the southern portion of the City. Therefore, the City is vulnerable to seismic-related earthquake fault rupture and shaking although no noticeable local damage has been experienced over the years.

As required by the Alquist-Priolo Act Fault Zoning Act, the approval of projects within Earthquake Fault Zones must be in accordance with the policies and criteria established by the Surface Mining and Geology Board (Public Resources Code [PRC], Division 2, Chapter 7.5, Section 2623 (a)). These regulations require that fault investigation reports be prepared by a professional geologist registered in the State of California (14 California Code of Regulations [CCR], Division 2, Chapter 8.1.3, Section 3603 (d)). Additionally, the Seismic Hazards Mapping Act requires projects for human occupancy that are within mapped fault zones to obtain a site-specific geotechnical report prior to the issuance of individual grading permits, and each new development would be required to retain a licensed geotechnical engineer to design new structures to withstand probable seismically induced ground shaking.

Furthermore, all new development in California is subject to the seismic design criteria of the California Building Code (CBC), which requires that all improvements be constructed to withstand anticipated ground shaking from regional fault sources. The CBC standards require all new developments to be designed consistent with a site specific, design-level geotechnical report, which would be fully compliant with the seismic recommendations of a California-registered professional geotechnical engineer.

Adherence to the applicable CBC requirements, Alquist-Priolo Fault Zoning Act, Seismic Hazards Mapping Act, and General Plan policies—such as Policy LU-7.1 of the Proposed General Plan, which 3252
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Statement of Overriding Considerations - 72 - October 2024 requires that new development conform building massing to topographic forms, and Policy S-5 of the Safety Element, which requires the enforcement of the Alquist-Priolo Earthquake Fault Zoning Act provisions—would ensure that implementation of the Proposed General Plan would not directly or indirectly cause substantial adverse effects, including the risk of loss, injury, or death involving ground rupture of a fault. Additionally, implementation of Mitigation Measure GEO-1, which would require the incorporation of recommendations from a project’s geotechnical report, would reduce impacts to less than significant.

Strong Seismic Ground Shaking
Ground shaking is responsible for most of the damage from earthquakes and can damage or destroy buildings, structures, pipelines, and other infrastructure. The intensity of shaking depends on the type of fault, distance to the epicenter, magnitude of the earthquake, and subsurface geology. The WhittierElsinore fault is potentially capable of producing the most intense ground accelerations in the City because portions of it runs through the City. The greatest severity of ground shaking would occur in central Wildomar due to centralized faults running along Palomar Street and crossing over Mission Trail and Bundy Canyon Road in the southward direction of I-15 (see Figure 5.7-2, of the DEIR). In southern California, there is no way to avoid earthquake hazards. However, compliance with the CBC, including specific provisions for seismic design, would mitigate and minimize the effects of earthquakes. The design of structures in accordance with the CBC is expected to minimize the effects of ground shaking to the greatest degree feasible.

Several policies would address seismic-related hazards, such as Policy S-7 which requires geological and geotechnical investigations to be performed at sites with potential geological hazards, and therefore, would reduce impacts to less than significant. Additionally, implementation of Mitigation Measure GEO-1, which would require incorporating recommendations from a project’s geotechnical report and implementing the requirements of the CBC, would reduce impacts to less than significant.

Secondary Effects
Secondary effects of earthquakes are nontectonic processes such as ground deformation, including fissures, settlement, displacement, and loss of bearing strength, and are the leading causes of damage to structures during a moderate to large earthquake. Secondary effects leading to ground deformation include liquefaction, seismically induced landslides, settlement, subsidence, and/or collapse, and ground lurching.

Liquefaction
Research and historical data indicate that loose, granular materials at depths of less than 50 feet with silt and clay contents of less than 30 percent saturated by a relatively shallow groundwater table are most susceptible to liquefaction. These geological conditions are typical in parts of southern California, including Wildomar, and in valley regions and alluvial floodplains. A small portion of the City’s southern edge, south of Palomar Street, is susceptible to liquefaction (see Figure 5.7-4, Liquefaction Hazards Zones, of the DEIR.)
Liquefaction is expected within the City. Based on mandatory compliance with regulations, preparation and submittal of soil engineering reports, and implementation of Mitigation Measure GEO-1 (which 3253
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Landslides
Marginally stable slopes (including existing landslides) may be subject to landslides caused by earthquakes. The landslide hazard depends on many factors, including existing slope stability, shaking potential, and presence of existing landslides. The terrain of the City varies from flat to hilly. Figure 5.7- 3, Areas with Landslide Susceptibility, of the DEIR, identifies potential landslide hazards in the City.

The City requires compliance with the regulations in the CBC when approaching building operations along hillsides, as referenced in Title 15 of the Wildomar Municipal Code, which also requires an engineering geology report be submitted to the City for approval before performing any project on hillsides.

In addition to implementing City engineering standards and building requirements, all future development in the City would be required to comply with the policies in the Safety Element and Proposed General Plan, such as Policy S-12, which would require new development in hazard-prone areas to be designed to adequately reduce such hazards. Moreover, implementation of Mitigation Measure GEO1, which would require incorporating recommendations from a project’s geotechnical report and implementing requirements of the CBC, would reduce impacts to less than significant.

Settlement, Subsidence, and/or Collapse
The potential hazard posed by seismic settlement and/or collapse within the City is considered moderate based on the compressibility of the underlying alluvial soils and the presence of shallow groundwater. Strong ground shaking can cause settlement of alluvial soils underlying a site by allowing sediment particles to become more tightly packed. Alluvial deposits are especially susceptible to this phenomenon. Artificial fills, if not adequately compacted, may also experience seismically induced settlement. Because unconsolidated soils and undocumented fill material are present within the City, seismically induced settlement and/or collapse are potential impacts.

Site-specific mass grading and compaction that would occur as part of future development within the City would serve to mitigate any potential impacts to seismically induced settlement, subsidence, and/or collapse in the City. Additionally, Safety Element Policy S-16, which requires geotechnical studies within documented subsidence zones as well as zones that may be susceptible to subsidence, prior to the issuance of development permits, would also ensure impacts are reduced. Moreover, implementation of Mitigation Measure GEO-1, which would require incorporating recommendations from a project’s geotechnical report and implementing the requirements of the CBC, would reduce impacts to less than significant.
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Seismically induced ground lurching occurs when soil or rock masses move at right angles to a cliff or steep slope in response to seismic waves. Structures built on these masses can experience significant lateral and vertical deformations if ground lurching occurs. Although ground lurching is expected within the City, mandatory compliance with existing regulations, including the preparation and submittal of soil engineering, engineering geology and seismicity reports, and implementation of Mitigation Measure GEO-1, which would require incorporating recommendations from a project’s geotechnical report and implementing requirements of the CBC, would reduce ground lurching impacts in any new developments to a less than significant level.

Summary
During construction of a project, the City’s municipal code (Title 15, Buildings and Constructions) requires that projects submit grading plans and a geotechnical evaluation to minimize differential settlement and the slipping or sliding of earth, minimizing impacts from unstable geologic or soil conditions. These include preparation of relevant soil engineering reports, cut/ fills, drainage and erosion/ dust control, requirements for completion of work, and NPDES standards. Recommendations in the geotechnical report(s) (e.g., soils engineering, engineering geology, and seismicity reports) are required to be included on grading plans and implemented during project construction activities. Mandatory compliance with existing regulations, including the preparation and submittal of soil engineering, geotechnical evaluation, seismicity reports for new developments, and implementation of Mitigation Measure GEO-1, which would require incorporating recommendations from a project’s geotechnical report and implementing requirements of the CBC, would reduce impacts to a less than significant level. Additionally, policies from the City’s Safety Element would ensure that risks to residents and businesses are minimized and impacts would be less than significant.

Mitigation Measure:

The following mitigation measure was included in the Draft EIR and the Final EIR, and is applicable to the proposed project.

GEO-1 The project applicant/developer shall incorporate the recommendations of a project’s geotechnical report into project plans related to a proposed project. A project’s building plans shall demonstrate that they incorporate all applicable recommendations of the geotechnical report and comply with all applicable requirements of the latest adopted version of the California Building Code.

Finding:

Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the mitigation measure above. The City of Wildomar hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. 3255
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Statement of Overriding Considerations - 75 - October 2024 Rationale for Finding
Mitigation Measure GEO-1 would require the incorporation of the recommendations from a project’s geotechnical report into project plans to reduce seismic- and soil-related impacts. Therefore, impacts would be less than significant.

Impact 5.7-2: Unstable geologic unit or soils conditions, including soil erosion and loss off topsoil, could result from development of the proposed project. [Thresholds G-2, G-3, and G-4]
Soil Erosion
Soils are particularly prone to erosion during the grading phase of development, especially during heavy rains. The use of a SWPPP, which specifies best management practices for temporary erosion control for sites disturbing one or more acres, would reduce the potential for erosion during construction activities. Standard erosion control measures would be implemented as part of a SWPPP for proposed projects within the City to minimize the risk of erosion or sedimentation during construction. The SWPPP must include an erosion control plan that prescribes measures, such as phasing grading, limiting areas of disturbance, designating restricted-entry zones, diverting runoff from disturbed areas, protective measures for sensitive areas, outlet protection, and provisions for revegetation or mulching. For future construction projects that disturb less than one acre of land, project applicants would still be required to implement an effective combination of erosion and sediment control BMPs. The City requires submittal of a Construction Runoff Management Plan for all construction sites and designates a minimum set of BMPs for erosion and sediment control, soil stabilization, and protection of natural hydrologic features.

Mandatory compliance with existing regulations, including the preparation and submittal of a SWPPP or Construction Runoff Management Plan, and a soil engineering evaluation; compliance with the Proposed General Plan policies, such as Policy LU-7.1 which requires that new development conform building massing to topographic forms; and implementation of Mitigation Measure GEO-1, which would require incorporating recommendations from a project’s geotechnical report and implementing requirements of the CBC, would reduce impacts to a less than significant level.

Expansive Soils
Most of the City is composed primarily of alluvial sediments and, therefore, there is some potential for expansive soils throughout the City. Expansive soils are possible wherever clays and elastic silts may be present, including alluvial soils and weathered granitic and fine-grained sedimentary rocks. The presence of expansive soils represents a potential hazard to structures and people.

The CBC requires that structures be designed to mitigate for expansive soils. Methods that could be used to reduce the impact of expansive soils include drainage control devices to limit water infiltration near foundation, over-excavation and recompacting of engineered fill method, or support of the foundation with piles. These methods as well as the General Plan policies, such as Policy S-16, which would require geotechnical studies with documented subsidence zone; Policy S-18, which would encourage and support efforts for long-term, permanent monitoring of topographic subsidence in the Elsinore 3256
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Statement of Overriding Considerations - 76 - October 2024 Valley Groundwater Basin, irrespective of past subsidence; and Mitigation Measure GEO-1, which would require incorporating recommendations from a project’s geotechnical report and implementing requirements of the CBC, would reduce the impact related to expansive soils to less than significant.

Settlement and Collapse
The risk of settlement or collapse has the potential to exist in areas with alluvial soils. Areas of large settlement can damage, or in extreme cases, destroy structures. The presence of compressible soil in the City represents a hazard to structures and people.

The CBC requires that structures be designed to mitigate compressible soils. Methods that could be used to reduce the impact of compressible soils include transferring the land to underlying non-compressible layers with piles and overexcavation of compressible soil and recompacting with engineered fill. These methods, as well as Mitigation Measure GEO-1, which would require incorporating recommendations from a project’s geotechnical report and requirements of the CBC, and Policy S-16, which would require geotechnical studies with documented subsidence zone, would reduce the impact of compressible soils to less than significant.

Subsidence
Areas within the City that are susceptible to subsidence due to overdraft of groundwater aquifers are in the western portion of Wildomar around Corydon Road, Grand Avenue, Mission Road, all south of I-15 (See Figure 5.7-5, Subsidence Zone, of the DEIR). Subsidence due to overpumping of petroleum reserves, however, is not considered a potentially significant impact for the City because there are no active oil wells in the city.

Because overdraft of groundwater can result in subsidence, groundwater storage by EVMWD, the Western Municipal Water District (WMWD), and statutory commitments to sustainable groundwater management practices would reduce the potential for future land subsidence. Furthermore, ongoing surveying of the ground surface by EVMWD and/or WMWD provides a way to verify that its efforts in preventing subsidence are effective. The EVMWD currently has the Elsinore Valley Subbasin GSP in place which describes current and historical groundwater conditions along with a groundwater monitoring network to ensure the basin will meet its sustainability goals. Additionally, implementation of Mitigation Measure GEO-1, which would require incorporating recommendations from a project’s geotechnical report and implementing requirements of the CBC, and the Wildomar Safety Element Policies, such as Policy S-16, which would require geotechnical studies with documented subsidence zone, and Policy S-18 which would encourage and support efforts for long-term, permanent monitoring of topographic subsidence in the Elsinore Valley Groundwater Basin, irrespective of past subsidence, would reduce the impact of subsidence to less than significant.

Mitigation Measure:

The following mitigation measure was included in the Draft EIR and the Final EIR, and is applicable to the proposed project.

See Mitigation Measure GEO-1.
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Statement of Overriding Considerations - 77 - October 2024 Finding:

Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the mitigation measure above. The City of Wildomar hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted.

Rationale for Finding
Mitigation Measure GEO-1 would require the incorporation of the recommendations from a project’s geotechnical report into project plans to reduce seismic- and soil-related impacts. Therefore, impacts would be less than significant.

Impact 5.7-4: Development under the proposed project could directly or indirectly destroy a unique paleontological resource or unique geologic feature. [Threshold G-6] Adoption of the Proposed General Plan in itself would not directly affect paleontological resources.

Long-term implementation of the Proposed General Plan land use plan could allow development, including grading, of known and unknown sensitive areas. Grading and construction activities of undeveloped areas or redevelopment that requires more intensive soil excavation than in the past could potentially disturb paleontological resources. Therefore, future development that would be accommodated by the Proposed General Plan could potentially unearth previously unrecorded resources. Review and protection of paleontological resources are also afforded by CEQA for individual development projects that would be accommodated by the Proposed General Plan, subject to discretionary actions that are implemented in accordance with the land use plan of the Proposed General Plan.

Under the California Public Resources Code, paleontological resources are recognized as non-renewable resources and receive protection. Figure 5.7-6, Paleontological Sensitivity, of the DEIR, identifies areas of known paleontological sensitivity in the City. As shown in Figure 5.7-6, of the DEIR, areas bounding I-15 and most of the central portion of the City have a high sensitivity for paleontological resources.

Grading and construction activities of undeveloped areas or redevelopment that require more intensive soil excavation than in the past could potentially cause the disturbance of paleontological resources.

Therefore, future development could potentially unearth previously unknown/unrecorded paleontological resources. Implementation of Mitigation Measure GEO-2, which requires an evaluation from a Certified Paleontologist, would reduce impacts to paleontological resources. Additionally, the Proposed General Plan includes Policy OS-4.3, which requires new development to minimize impacts to paleontological resources. Therefore, impacts would be less than significant with mitigation incorporated.

Mitigation Measures
The following mitigation measure was included in the Draft EIR and the Final EIR, and is applicable to the proposed project.
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Statement of Overriding Considerations - 78 - October 2024 GEO-2 Prior to issuance of a grading permit, the project applicant shall retain a Certified Paleontologist to assess the potential for presence of paleontological resources and the potential for project construction to affect such resources if present. If it is determined, to the satisfaction of the City, that there is low potential for discovery or disturbance of paleontological resources, no further action shall be required.

If potential for discovery is deemed moderate to high, the project applicant shall retain a Certified Paleontologist to monitor all initial ground-disturbing activities in native soils or sediments. If the paleontologist, upon observing initial earthwork, determines there is low potential for discovery, no further action shall be required, and the paleontologist shall submit a memo to the City confirming findings of low potential.

Should any paleontological resources (i.e., fossils) be uncovered during project construction activities, all work within a 100-foot radius of the discovery site shall be halted or diverted to other areas on the site and the City shall be immediately notified.

A Certified Paleontologist shall evaluate the finds and recommend appropriate next steps to ensure that the resource is not substantially adversely impacted, including but not limited to avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures.

Further ground disturbance shall not resume within a 100-foot radius of the discovery site until an agreement has been reached between the project applicant, a Certified Paleontologist, and the City as to the appropriate preservation or mitigation measures to ensure that the resource is not substantially adversely impacted.

Salvage and collection of significant fossils shall be done in accordance with the Society of Vertebrate Paleontology guidelines. Any paleontological resources salvaged shall be provided for curation at a local curation facility, or any other local museum or repository, such as the Western Science Center or World Museum of Natural History, willing and able to accept and house the resource to preserve for future scientific study.

Finding:

Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the mitigation measure above. The City of Wildomar hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted.

Rationale for Finding
Mitigation Measure GEO-2 would require a certified paleontologist to be present during ground-disturbing activities in areas deemed to have a moderate to high sensitivity for paleontological resources in order to further evaluate the fossil resources. Therefore, impacts would be less than significant. 3259
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4. Hazards and Hazardous Materials
Impact 5.9-5: Portions of the City are in a very high fire hazard severity zones and could expose structures and/or residences to fire hazards. [Threshold H-7] Wildland fires are uncontrolled fires typically in areas of little to no development, but these fires can spread quickly to the urban/wildland interface where development meets expanses of vegetative fuels.

Wildomar is an interface area where a proactive approach to preventing the start and spread of wildland fire is vital to protecting lives and property. As shown on Figure 5.20-1, Fire Hazard Severity Zones, of the DEIR, the eastern and western portions of the City are within Very High Fire Hazard Severity Zones. Additionally, there is some risk of landslides and flooding, after the occurrence of wildfire.

Although wildfire risks are present in the City, adherence to applicable building practices and the Proposed General Plan and Safety Element policies, such as Policy S-67, which aims to coordinate with the Riverside County Fire Department to implement a long-term fire protection training and education program for the City of Wildomar and its citizens, would reduce impacts. Additionally, implementation of Mitigation Measure HAZ-1, which requires compliance with the 2022 California Building Code and the 2022 California Fire Code (or most recent versions), and Mitigation Measure HAZ-2, which requires that an applicant demonstrate that a project is in compliance with the vegetation management requirements, would ensure that buildout under the Proposed General Plan would be less than significant upon implementation of mitigation measures.

Mitigation Measures
The following mitigation measure was included in the Draft EIR and the Final EIR, and is applicable to the proposed project.

HAZ-1 Prior to the issuance of building permits for all projects, the project applicant/developer shall demonstrate, to the satisfaction of the City Building Official and the Riverside County Fire Chief, compliance with the 2022 California Building Code (or the most recent edition) (Part 2 of Title 24 of the California Code of Regulations) and the 2022 California Fire Code (or the most recent edition) (Part 9 of Title 24 of the California Code of Regulations), including those regulations pertaining to materials and construction methods intended to mitigate wildfire exposure as described in the 2022 California Building Code and California Residential Code (or most recent edition); specifically California Building Code Chapter 7A; California Residential Code Section R327; California Residential Code Section R337; California Referenced Standards Code Chapter 12 7A; and California Fire Code.

HAZ-2 Prior to the issuance of a certificate of occupancy for all projects, the applicant shall demonstrate, to the satisfaction of the City Building Official and the County Fire Chief, compliance with the vegetation management requirements prescribed in California Fire Code Section 4906 and California Government Code Section 51182.

Finding:
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Statement of Overriding Considerations - 80 - October 2024 Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the mitigation measures above. The City of Wildomar hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted.

Rationale for Finding
Mitigation Measure HAZ-1 requires compliance with the 2022 California Building Code and the 2022 California Fire Code (or most recent versions), and Mitigation Measure HAZ-2 requires that an applicant demonstrate that a project is in compliance with the vegetation management requirements. Therefore, Mitigation Measures HAZ-1 and HAZ-2 would reduce potential impacts associated with wildfires to a level that is less than significant.

5. Mineral Resources
Impact 5.12-1: Project implementation could result in the loss of availability of a known mineral resource. [Thresholds M-1 and M-2] The City is designated as Mineral Resource Zone 3 (MRZ-3), which is an area where the significance of mineral deposits cannot be determined from available data. Therefore, the City does not have any identifiable significant mineral deposits.

However, a federal lode-mining claim, the Baxty Queen, is in the eastern portion of the City. The Bureau of Land Management (BLM) permits the mining claim to conduct small-scale prospecting and mining for mineral resources, such as rare earth element (REE) and precious gem materials. According to Figure 3-4, Proposed Land Use Plan, of the DEIR, the federal lode is designated Rural Mountainous (RM), which allows for clustering of residential uses to minimize grading and alteration of natural landforms, as well as to avoid sensitive natural habitat areas and hazardous conditions.

Mineral resources such as REEs, that can be found in pegmatite dikes in the Paloma Ring Complex, often contain impurities of uranium and thorium. Future construction activities surrounding the federal lode, such as grading, can create and release dust containing uranium and thorium. While REEs are important and valuable, these deposits are minimal, and therefore, REEs are unlikely to create a significant impact.

Additionally, all future development would comply with the South Coast AQMD Rule 403, which requires dust control for earth-moving activities and would reduce potential impacts of uranium- and thorium-containing dust on workers and residents. Nonetheless, future development within 100 feet of the federal lode would implement Mitigation Measure MIN-1, which requires the inspection of geologic features within a project site by a qualified geology professional to determine the discovery of a unique geologic unit and follow the proper protocols.

Although future projects would not occur within the Bundy Canyon Pit while mining operations are in effect, development that is proximate or adjacent to the mine may expose residents to dust as a result of mining and/or transporting sand and gravel products. 3261
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Statement of Overriding Considerations - 81 - October 2024 The anticipated production amount of the Bundy Canyon Pit is 38,300 cubic yards per year, depending on demand, and the estimated life of operation is approximately 25 years. When mining operations at the Bundy Canyon Pit cease, it is anticipated that the land will be used for residential uses or other uses compatible with residential subdivisions.

Therefore, while the entire City is designated as MRZ-3, future development proximate and/or adjacent to the federal lode mining claim could result in the loss of gemstones or rare earth elements.

Mitigation Measure
The following mitigation measure was included in the Draft EIR and the Final EIR, and is applicable to the proposed project.

MIN-1 Prior to blasting non-rippable bedrock within 100 feet of the federal lode, outcrops shall be inspected for pegmatite dikes or other geological features considered favorable for gemstones or rare earth elements by an experienced igneous petrologist with a master’s degree and/or Ph.D. in Geology. If geological units containing museum quality gemstones or anomalously high concentrations of rare earth elements are found, representative specimens shall be documented and provided to an accredited repository such as the University of California, Riverside Earth and Planetary Sciences Museum, the Western Science Center in Riverside County, or any other local museum or repository willing and able to accept and house the resources to preserve for future scientific study.

Finding:

Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the mitigation measure above. The City of Wildomar hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted.

Rationale for Finding
Mitigation Measure MIN-1 would ensure outcrops within 100 feet of the federal lode would be inspected prior to blasting non-rippable bedrock. Therefore, impacts would be less than significant.

6. Noise
Impact 5.13-3: The proposed project would create groundborne vibration and groundborne noise that would cause short-term and long-term vibration. [Threshold N-2] Construction Vibration
Construction activities at project sites would generate varying degrees of ground vibration, depending on the construction procedures and equipment. Operation of construction equipment generates vibrations that spread through the ground and diminish with distance from the source. The effect on buildings in the vicinity of the construction site varies depending on soil type, ground strata, and receptorbuilding construction. The results from vibration can range from no perceptible effects at the lowest 3262
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Statement of Overriding Considerations - 82 - October 2024 vibration levels, to low rumbling sounds and perceptible vibrations at moderate levels, to slight structural damage at the highest levels. Vibration from construction activities rarely reaches the levels that can damage structures but can achieve the audible and perceptible ranges in buildings close to the construction site. Table 5.13-11, Vibration Levels for Construction Equipment, of the DEIR, lists reference vibration levels for construction equipment at 25 feet.

As shown in Table 5.13-11, of the DEIR, vibration generated by construction equipment has the potential to be substantial, since it has the potential to exceed the FTA criteria for architectural damage— e.g., 0.12 inches per second PPV for fragile or historical resources, 0.2 in/sec PPV for nonengineered timber and masonry buildings, and 0.3 in/sec PPV for engineered concrete and masonry. Construction details and equipment for future project-level developments under the Proposed General Plan are not known at this time but may cause vibration impacts. As such, impacts would be potentially significant.

Operational Vibration
Commercial and industrial operations in the City would generate varying degrees of ground vibration, depending on the operational procedures and equipment. Such equipment-generated vibrations would spread through the ground and diminish with distance from the source. The effect on buildings in the vicinity of the vibration source varies depending on soil type, ground strata, and receptor-building construction. 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.

Proposed General Plan Policy N-1.8 would require new development to generate operation and/or construction vibration levels no greater than 75 Vdb at the property line of a sensitive receptor. However, because specific project-level information is not available at this time, it is not possible to quantify future vibration levels at vibration-sensitive receptors that may be near future vibration sources. Therefore, due to the potential for sensitive uses within the City to be exposed to annoying and/or interfering levels of vibration from commercial or industrial operations, operations-related vibration impacts associated with implementation of the proposed project are considered potentially significant.

Mitigation Measure
The following mitigation measures were included in the Draft EIR and the Final EIR, and are applicable to the proposed project.

N-2 Vibration Analysis. Prior to issuance of a building permit for a project requiring pile driving during construction within 135 feet of fragile structures, such as historical resources, within 100 feet of nonengineered timber and masonry buildings (e.g., most residential buildings), or within 75 feet of engineered concrete and masonry (no plaster); or a vibratory roller within 25 feet of any structure, the project applicant shall prepare a noise and vibration analysis to assess and mitigate potential noise and vibration impacts related to these activities. This vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer. The vibration levels shall not exceed Federal Transit Administration (FTA) architectural damage thresholds (e.g., 0.12 inches per second [in/sec] peak particle velocity [PPV] for fragile or historical resources, 0.2 in/sec PPV for 3263
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Statement of Overriding Considerations - 83 - October 2024 nonengineered timber and masonry buildings, and 0.3 in/sec PPV for engineered concrete and masonry). If vibration levels would exceed these thresholds, alternative methods shall be used, such as drilling piles instead of pile driving and static rollers instead of vibratory rollers. If necessary, construction vibration monitoring shall be conducted to ensure vibration thresholds are not exceeded.

N-3 Vibration Analysis. Prior to discretionary approval by the City of Wildomar for industrial development projects subject to review under the California Environmental Quality Act (CEQA) (i.e., nonexempt projects) that utilize equipment that has the potential to result in vibration, a vibration analysis shall be conducted to assess and mitigate potential vibration impacts. This vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer and shall follow the latest CEQA guidelines, practices, and precedents.

Finding:

Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the mitigation measures above. The City of Wildomar hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted.

Rationale for Finding
Implementation of Mitigation Measures N-2 and N-3 and adherence to associated performance standards would reduce construction and operational vibration to less-than-significant levels. Specifically, Mitigation Measure N-2 would require use of alternative construction techniques for construction activities proximate to historic resources to reduce potential vibration impacts during construction below the pertinent thresholds, and Mitigation Measures N-3 (operations-related vibration) would require that stationary sources reduce potential vibration impacts from commercial/industrial uses to less-than-significant levels.

7. Tribal Cultural Resources
Impact 5.18-1: Implementation of the proposed project could cause a substantial adverse change in the significance of a tribal cultural resource that is listed or eligible for listing in the California Register of Historical Resources or a local register of historical resources, as defined in Public Resources Code Section 5020.1(k), or determined to be significant pursuant to the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. [Threshold TCR-1] In accordance with AB 52, the City notified four local tribes about the proposed project on September 15, 2023, to determine the potential for tribal cultural resources within the City and to determine if local knowledge of tribal cultural resources is available about the City and surrounding areas. The City’s standard cultural/tribal cultural mitigation measures were sent to all tribes. 3264
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Statement of Overriding Considerations - 84 - October 2024 The City consulted with the Soboba Band of Mission Indians on October 16, 2023; the tribe requested a copy of the cultural resources existing conditions report and indicated that they may be revising the City’s standard mitigation measures. The City consulted with the Pechanga Band of Mission Indians on November 16, 2023; the tribe was provided with a copy of the cultural resources existing conditions report. The City followed up with the Soboba tribe via email on November 13, 2023, and January 4, 2024; the City also followed up with the Pechanga tribe via email on January 4, 2024. At the time the DEIR was published, responses from the Soboba and Pechanga tribes to the City’s follow-up emails have not been received. The City consulted with the Morongo Band of Mission Indians on February 21, 2024; the tribe was provided with a copy of the cultural resources existing conditions report. The tribe indicated that if Native American human remains are discovered, no photographs of the remains should be taken unless absolutely necessary, out of respect for the tribal descendants and to ensure the location of the remains are kept confidential. Should any tribal resources be discovered during grounddisturbing activities, coordination with the NAHC, project archaeologist, and tribal monitors would ensure tribal resources, including human remains, are treated with respect and in a culturally appropriate manner (see Mitigation Measure TCR-2).

All development projects that are subject to CEQA review in the City would be required to implement the City’s standard tribal mitigation measures (Mitigation Measures CUL-2, TCR-1 through TCR-8), as well as consult with Native American tribes either pursuant to AB 52 and/or SB 18. For project sites that are in areas with a high sensitivity for tribal cultural resources, future project applicants would be required to submit a map, per the tribes’ request, to the City of Wildomar Community Development Department identifying potential reburial locations on the project site that would not be subject to future development, paving, flooding, or erosion. The map would be kept confidential (see Mitigation Measure TCR-7) and would only be shared with the tribes for approval. Pursuant to California Government Code Section 6524 (r), records of Native American graves, cemeteries, sacred places, features, and objects are required to be confidential.

Additionally, the Proposed General Plan includes policies that would reduce impacts to tribal cultural resources, such as Policy LU-1.3, which calls for clustering of development to preserve culturally sensitive resources, Policy OS-4.2, which requires consultation with tribes pursuant to AB 52 and SB 18 for projects that could potentially impact tribal resources and the treatment of resources with appropriate dignity, and Policy OS-4.3, which requires new development to avoid and minimize impacts to archaeological resources. Therefore, implementation of the Proposed General Plan policies, mitigation measures, and compliance with state and federal regulations would reduce impacts to less than significant with mitigation incorporated.

Mitigation Measure
The following mitigation measures were included in the Draft EIR and the Final EIR, and are applicable to the proposed project.

See Mitigation Measures TCR-1 through TCR-8, and CUL-2.

Finding:
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Statement of Overriding Considerations - 85 - October 2024 Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the mitigation measures above. The City of Wildomar hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted.

Rationale for Finding
Mitigation Measure CUL-2, which requires compliance with State Health and Safety Code Section 7050.5 and Public Resource Code Section 5097.98(b); and Mitigation Measures TCR-1 through TCR8, which outline procedures and requirements for the inadvertent discovery of archaeological resources, cultural resources disposition, retaining an archeologist, retaining Native American monitors from the Pechanga and Soboba tribes, preparation of archaeology Phase III and Phase IV reports, non-disclosure of reburial sites for inadvertent discoveries, and implementing no-build easements for reburial sites, would reduce impacts to less than significant.

8. Wildfire
Impact 5.20-1: Buildout of the proposed project would not substantially impair an adopted emergency response plan or emergency evacuation plan. [Threshold W-1] As indicated in Section 2.32.080, Emergency Plan, of the Wildomar Municipal Code, the Wildomar Disaster Council is responsible for the development of the City’s emergency plan, which provides the effective mobilization of all the resources of the City, both public and private, to meet any condition constituting a local emergency. The proposed project could result in a significant impact if it would substantially impair the implementation emergency response/evacuation plans. As discussed in Chapter 3, Project Description, of the Draft EIR, the proposed project would increase development potential within the City, including land in Very High FHSZs and the wildland urban interface (WUI).

However, buildout under the Proposed General Plan would not result in substantial changes to the circulation patterns or emergency access routes as future development would be required to integrate the Emergency Operations Plan as necessary into development to continue its facilitation in evacuation for the people in wildfire-prone areas. Furthermore, future development in the WUI or Very High FHSZs would be required to comply with the SRA and Very High Fire Hazard Severity Zone Fire Safe Regulations, the California Building Code, the California Fire Code, the 2021-2019 Safety Element, and the Wildomar Municipal Code, which have maximum requirements for lengths of single-access roads, minimum widths of roadways, and vegetation fuel management around roadways. The Safety Element includes policies that would ensure effective emergency response, such as Policy S-48, which requires new development projects within a very high FHSZ or wildland-urban interface to provide multiple ingress and egress points to improve evacuation and emergency response access. To ensure emergency services in the City are not impaired by future development, all development projects in the City would also be reviewed by the City and CAL FIRE/Riverside County Fire Department, prior to approval. In accordance with the California Fire Code, CAL FIRE requires site design to consider fire access. Several of these requirements include vegetation management requirements, construction standards, and subdivision and building access, among others. 3266
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Statement of Overriding Considerations - 86 - October 2024 Construction of new development or redevelopment could cause a temporary impairment of an evacuation route due to road closures. If temporary roadway closures or reduction in access/capacity are necessitated during construction (i.e., to connect to utilities) the City will require issuance of an encroachment permit approved by the Public Works Director. Section 12.08.020 of the Wildomar Municipal Code allows the City to condition issuance of an encroachment permit to assure safety of the travelling public. The encroachment permit would identify road closures or detours, duration of the construction period, and direct impacts of construction. As part of its development review practices, the City will coordinate the permit review process with Riverside County Fire Department (RCFD), and/or CAL FIRE. Review and approval of any temporary lane closures. The review and coordination of the encroachment permit required by municipal code will ensure that that no inconsistencies with emergency evacuation plans would occur.

Implementation of the Proposed General Plan policies and applicable plans, as well as compliance with the California Fire Code and Building Code would ensure impacts to emergency response and evacuation plans are reduced. Future development, regardless of whether it includes new development or redevelopment, is required to comply with adopted local, regional, and State plans and regulations addressing emergency access, response, and evacuation. Additionally, all development projects in the City would be required to implement Mitigation Measure HAZ-1 and Mitigation Measure HAZ-2, which require compliance with the 2022 California Building Code and 2022 California Fire Code (or most recent versions) and compliance with the vegetation management requirements in California Fire Code Section 4906 and California Government Code Section 51182, respectively. As such, impacts would be less than significant with mitigation incorporated.

Mitigation Measure
The following mitigation measures were included in the Draft EIR and the Final EIR, and are applicable to the proposed project.

See Mitigation measures HAZ-1 and HAZ-2
Finding:

Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the mitigation measures above. The City of Wildomar hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted.

Rationale for Finding
Mitigation Measure HAZ-1 requires compliance with the 2022 California Building Code and the 2022 California Fire Code (or most recent versions), and Mitigation Measure HAZ-2 requires that an applicant demonstrate that a project is in compliance with the vegetation management requirements. Therefore, Mitigation Measures HAZ-1 and HAZ-2 would reduce potential impacts associated with wildfires to a level that is less than significant.
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Statement of Overriding Considerations - 87 - October 2024 Impact 5.20-2: The proposed project would not exacerbate wildfire risks due to slope, prevailing winds, and other factors, thereby exposing project occupants to elevated particulate concentrations from a wildfire. [Threshold W-2] The City is vulnerable to and at significant risk of wildfires. Bordered by undeveloped hillsides in the northern, eastern, and southwestern portions of the City, the City is in proximity to areas with fuel mixes that could easily ignite and encroach into the community. During a wildfire event, people within the air basin are exposed to elevated levels of fine particulate matter due to smoke. The type and extent of vegetation and fuel, wind and climatic patterns, general topography and canyons, and other local characteristics make the City more vulnerable to wildfires.

The eastern and western portions of the City are in Very High FHSZs, as shown on Figure 5.20-1, of the DEIR. Residential, commercial, industrial, and open space uses under the Proposed General Plan would be located in the Very High FHSZs and WUIs. To protect development in these areas, the City and State require adherence to a wide range of state and local codes (California Fire Code, California Building Code, Very High FHSZ Fire Safe Regulations, and other standards). Additionally, future potential development under the Proposed General Plan would be required to comply with 2021-2029 Safety Element Policy S-50, which requires site design to account for topographical conditions and reduce the increased risk for sites located near ridgelines, plateau escarpments, saddles, hillsides, peaks, or other areas where the terrain or topography affect its susceptibility to wildfires. Therefore, future potential develop would be designed to reduce the spread of wildfire due to topography and slopes, and reduce the potential to exposure occupants to pollutant concentrations Furthermore, all development projects in the City would be required to implement Mitigation Measure HAZ-1 and Mitigation Measure HAZ-2, which require compliance with the 2022 California Building Code and 2022 California Fire Code (or most recent versions) and compliance with the vegetation management requirements in California Fire Code Section 4906 and California Government Code Section 51182, respectively.

Other factors, such as vegetation, have the potential to exacerbate wildfire risks. During late summer and fall when temperatures and winds are high and relative humidity is low, brush vegetation can dry out, particularly in areas with unirrigated vegetation, becoming extremely flammable and increasing wildfire risks. The 2021-2029 Safety Element and the City of Wildomar LHMP contain several vegetation management, fuel reduction, and fuel break policies which are aimed to reduce the uncontrolled spread of wildfire due to vegetation. For example, Policy S-46 of the Safety Element calls for the City to work with property owners of existing developments to meet current State and/or locally adopted fire safety standards to ensure adequate vegetation clearance. Policy S-49 of the Safety Element requires conceptual landscaping plans for development in Very Fire Hazard Severity Zones prior to the issuance of development permits. Policy S-46 and Policy S-50 of the Safety Element would ensure that sources of fuel would be minimized, thereby reducing the spread of fires.

Future development in the City would be required to comply with the California Building Code and California Fire Code. Moreover, the City of Wildomar is under the Wildomar Emergency Operations Plan, which provides guidance to effectively respond to and mitigate emergencies, including wildfires.

Implementation of the Proposed General Plan policies and applicable plans, as well as compliance with the California Fire Code and California Building Code would ensure that wildfire risks due to slopes, 3268
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Statement of Overriding Considerations - 88 - October 2024 prevailing winds, and other factors are not exacerbated. As such, impacts would be less than significant with mitigation incorporated.

Mitigation Measure
The following mitigation measures were included in the Draft EIR and the Final EIR, and are applicable to the proposed project.

See Mitigation measures HAZ-1 and HAZ-2
Finding:

Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the mitigation measures above. The City of Wildomar hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted.

Rationale for Finding
Mitigation Measure HAZ-1 requires compliance with the 2022 California Building Code and the 2022 California Fire Code (or most recent versions), and Mitigation Measure HAZ-2 requires that an applicant demonstrate that a project is in compliance with the vegetation management requirements. Therefore, Mitigation Measures HAZ-1 and HAZ-2 would reduce potential impacts associated with wildfires to a level that is less than significant.

D. Significant and Unavoidable Significant Impacts that Cannot Be Mitigated to Below the Level of Significance
The following summary describes the unavoidable adverse impacts of the proposed project where either mitigation measures were found to be infeasible, or the mitigation measures are under the control of another lead agency. The following impacts would remain significant and unavoidable:

1. Agricultural and Forestry Resources
Impact 5.2-1: The proposed project would convert farmland to nonagricultural uses. [Thresholds AG-1 and AG-5 (part)]
CEQA considers impacts to three categories of farmland—Prime Farmland, Farmland of Statewide Importance, and Unique Farmland. Development of these lands would convert the land to nonagricultural uses, which is considered a significant impact. Although agricultural uses would be allowed until building occurs, the eventual development of the land would result in the loss of the resource.

The Land Evaluation and Site Assessment (LESA) Model is a point-based approach for rating the relative importance of agricultural land resources based upon specific measurable features and was developed to provide lead agencies with an optional methodology to ensure that potentially significant effects on the environment of agricultural land conversions are quantitatively and consistently considered in the environmental review process (Public Resources Code Section 21095), including in CEQA 3269
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Statement of Overriding Considerations - 89 - October 2024 analysis. The California Agricultural LESA Model evaluates measures of soil resource quality, a given project’s size, water resource availability, surrounding agricultural lands, and surrounding protected resource lands. For a given project, the factors are rated, weighted, and combined, resulting in a single numeric score. The project score becomes the basis for making a determination of a project’s potential significance. The LESA model is used as part of a development application as there is information regarding the site that is needed from the property owner.

The model was not run for this EIR as there is a lack of site-specific information, and because as a long-term document it is likely that site conditions regarding the 11.6 acres of Prime Farmland will change and need to be reflected in the model at the time of development application. As shown in Table 5.2-2, California LESA Model Scoring CEQA Thresholds, of the DEIR, the model provides a single result weighted on a number of factors that can determine the level of significance for CEQA. While it is possible that the LESA model results for the 11.6 acres would show that conversion of this land is not significant, this EIR assumes that the property is designated Prime Farmland and would be eventually converted to non-agricultural uses through implementation of the proposed project.

Wildomar is mostly developed and is therefore characterized by its urbanizing landscape with areas of vacant and undeveloped parcels. The Proposed General Plan would allow for development of currently undeveloped parcels, redevelopment of currently developed parcels, and intensification of land uses in some areas of the City. Of the 1,733 acres of farmland in the City, approximately 69.4 acres are designated Prime Farmland and Unique Farmland. There are no lands in the City designated as Farmland of Statewide Importance.

Of the 69.4 acres, 57.8 acres is considered Unique Farmland with a Rural Mountainous (RM) land use designation. The RM land use designation allows for agricultural uses and the proposed project does not recommend a change to this land use designation. The remaining 11.6 acres is the only Prime Farmland within the City as mapped by the CDC (see Figure 5.2-1, Farmland Designations, of the DEIR).

This site, on the northeast corner of Corydon Road and Grand Avenue is currently designated Commercial Retail in the General Plan, and is proposed to change to Mixed Use High under the proposed project. The site is not actively farmed, and historical photographs show a previous orchard as shown in an aerial photograph dated May 1994, though the trees are not visible in an April 2023 aerial photograph from Google Earth. As shown in Figure 5.2-2, Aerial Photograph of Prime Farmland, of the DEIR, the property is surrounded by residential and commercial development.

The proposed land use plan (see Figure 3-4, Proposed Land Use Plan, of the DEIR) does not include an agricultural designation. However, the following land use designations would allow for agricultural uses: RM (Rural Mountainous), LLR (Large Lot Residential), EDR (Estate Density Residential), VLDR (Very Low Density Residential), and LDR (Low Density Residential). While agricultural uses would be allowed to continue under the proposed project, no agricultural lands designated by the FMMP as Prime Farmland and Unique Farmland would be preserved under the Proposed General Plan. Therefore, the proposed project could convert approximately 1,733 acres of farmland to nonagricultural uses, including 11.6 acres of Prime Farmland and 57.8 acres of Unique Farmland, which is a significant impact.

In general, mitigation measures should consider the following five possibilities. 3270
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1. Avoidance. The 11.6 acres of Prime Farmland site is surrounded by urban development and is unlikely to support commercial scale agriculture. The adjacency of sensitive receptors makes the use of many agricultural uses more difficult. Factors such as noise, dust, odor, vibration, and the use of insecticides/pesticides is made more complex by the adjacency of people. The property is on a busy intersection and has been labeled for development for over 20 years, and is surrounded by urban development; avoidance is not feasible. While the small size might not provide for conventional agriculture, specialty agriculture such as strawberries or other high-value crops could be farmed at this site.

2. Minimizing the Impact. As there are no other Prime Farmlands within the City besides the aforementioned 11.6-acre site, minimizing the impact to this one site is not feasible. The 11.6-acre site is completely surrounded by urban uses so any setback would need to be on the site itself, (or remove existing buildings) essentially defeating the purpose of minimizing the impact by further reducing the amount of agricultural land.

3. Rectifying through Repair, Rehabilitation, or Restoration. While the site is not currently farmed, it is possible that the site could be farmed in the future. The property is not within an irrigation district so water for farming would need to come from the Elsinore Valley Municipal Water District (EVMWD). With water, the site could be used as mitigation for agricultural land conversion elsewhere in the City, however, as noted there are no other lands requiring mitigation in the City. Rehabilitating the land for agricultural use would result in the same adjacency difficulties outlined in Possibility 1. Avoidance, above.

4. Reducing or Eliminating the Impact Over Time by Preservation and Maintenance. Review of the aerial photographs of the 11.6-acre Prime Farmland site dating to the mid-1990s shows that the orchard was allowed to die off and eventually all the trees were removed. The site looks to be regularly disced for weed abatement and fire control. While this can continue to occur, it is not an agricultural use. The preservation of the land in its current form would eliminate the potential impact, as the land would not be converted to non-agricultural uses. However, it seems unlikely that a vacant site of this size surrounded by urban uses in the City would remain a disced field in perpetuity. Therefore, reducing or eliminating the impact through preservation and maintenance is not feasible mitigation.

5. Compensating for the Impact Through Replacement or Substitute Resources. Compensatory mitigation is where a project would offset an impact through recreation of the resource (e.g., creating wetlands), or by purchasing credits in a form of a mitigation bank where the resource has already been created. Purchase of an easement that protects an existing resource is also a form of mitigation but comes with the obvious drawback that it is not a replacement of the affected resource, only a means of reducing further loss of the resource in the future.

As the proposed project cannot avoid, minimize, rectify, or eliminate the impact over time, the only potential mitigation available is that of an agricultural easement on existing agricultural land. Under this method, an easement is purchased that covers land that is already farmed and that would preclude future urban development in perpetuity. For some cities, this method is an effective means of providing a greenbelt or buffer between the built environment and agricultural use, preventing future conversion 3271
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Statement of Overriding Considerations - 91 - October 2024 of agricultural land to urban uses. The City of Wildomar has no greenbelt and there is no adjacent agricultural land to protect as the boundaries of the City are either another urban city or mountains.

An agricultural easement would prevent future conversion but does not address the actual loss of the farmland resource.

The City is surrounded by the incorporated cities of Menifee, Lake Elsinore, and Murietta. The City does not have a sphere of influence and is unlikely to annex land because of the surrounding cities and the mountains to the west. There is no other agricultural land in the surrounding area, so any form of easement would need to be outside of the surrounding area, and in unincorporated Riverside County.

As shown in Table 5.2-1, Farmland Designations, of the DEIR, the 11.6 acres of Prime Farmland represent approximately 0.08 percent of the entire City. Most of the City (approximately 53.4 percent) is designated as Other Land. As shown on Figure 3-3, Existing Land Use Plan, of the DEIR, and Figure

5.2-1, of the DEIR, lands that are designated Prime and Unique Farmland are currently designated CR (Commercial Retail) and RM (Rural Mountainous). As such, Prime and Unique Farmland in the City are already considered converted to nonagricultural uses.

While the amount of Prime and Unique Farmland in the City is statistically small in comparison to the City, the proposed project could result in the conversion of agricultural land to nonagricultural uses without adequate mitigation to reduce the impact to less than significant. This impact is considered potentially significant.

Mitigation Measure
AG-1 Prior approval of any development permit on land considered prime, of statewide significance, or unique, the City shall require the following:

1. Completion of the California Department of Conservation Land Evaluation & Site Assessment Model. If the model score is 39 points or less, conversion of the land is not significant, and no further mitigation is required. If the model score is between 40 and 79 points, conversion of the land to urban uses may be significant but will depend on the results of the model. A LESA model score of 80 or greater identifies the conversion as significant and will require mitigation.

2. If the LESA model results determine that conversion of the land to urban uses is a significant impact, the development shall be conditioned to provide either an agricultural easement on existing farmland with a similar or greater LESA model score, or the creation of new agricultural land and easement at a 1:1 ratio.

Finding:

As indicated on page 5.2-14 of Section 5.2, Agriculture and Forestry Resources, even with the implementation of Mitigation Measure AG-1, the 11.6-acre site designated Prime Farmland would be converted to non-agricultural uses. Because the proposed project cannot avoid, minimize, rectify, or eliminate the impact of converting farmland to non-farmland, the only potential mitigation available is that of an agricultural easement on existing agricultural land. This is not an effective means of providing a buffer between the built environment and agricultural land because the City has no greenbelt and there is no 3272
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Statement of Overriding Considerations - 92 - October 2024 agricultural land to protect. As such, an easement or creation of new agricultural land at a 1:1 ratio would diminish but not reduce impacts associated with the actual loss of farmland to less than significant. There are no other feasible mitigation measures and impacts would remain significant and unavoidable.

Changes or alterations have been required in, or incorporated into, the project that lessens the significant environmental effect as identified in the Draft EIR.

The City finds that there are no additional mitigation measures beyond Mitigation Measure AG-1 that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would substantially lessen or mitigate this impact to a less-than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities, make infeasible the alternatives identified in the EIR (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment.

2. Air Quality
Impact 5.3-1: Buildout of the Proposed General Plan, and associated emissions, would exceed the assumptions of the South Coast AQMD’s AQMP. [Threshold AQ-1] The South Coast AQMD is directly responsible for reducing emissions from area, stationary, and mobile sources in the SoCAB to achieve the National and California Ambient Air Quality Standards (AAQS) and has responded to this requirement by preparing an AQMP. The South Coast AQMD Governing Board adopted the 2022 AQMP, which is a regional and multiagency effort (South Coast AQMD, CARB, SCAG, and EPA).

A consistency determination with the AQMP plays an important role in local agency project review by linking local planning and individual projects to the AQMP. It fulfills the CEQA goal of informing decision makers of the environmental efforts of the project under consideration early enough to ensure that air quality concerns are fully addressed. It also provides the local agency with ongoing information as to whether they are contributing to the clean air goals in the AQMP.

The two principal criteria for conformance with an AQMP are:

1. Whether the project would exceed the assumptions in the AQMP.

2. Whether the project would result in an increase in the frequency or severity of existing air quality violations, cause or contribute to new violations, or delay timeline attainment of air quality standards.

SCAG is South Coast AQMD’s partner in the preparation of the AQMP, providing the latest economic and demographic forecasts and developing transportation measures. Regional population, housing, and 3273
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Statement of Overriding Considerations - 93 - October 2024 employment projects developed by SCAG are based, in part, on general plan land use designations.

These projections form the foundation for the emissions inventory of the AQMP.

Criterion 1
Table 5.3-9, Comparison of Population and Employment Forecast, of the DEIR, compares the population and employment growth forecast under the proposed project to the existing conditions. Table 5.3-9, of the DEIR, shows that the proposed project would result in more VMT as a result of an increase in population; however, VMT per service population would decrease from the existing conditions as well as from the current General Plan. As a result, the proposed project provides a more efficient land use than existing conditions and a more efficient land use plan that reduces VMT per resident and employee. Therefore, the proposed project would be consistent with the AQMP under the first criterion.

Criterion 2
The SoCAB is designated nonattainment for Ozone (O3) and fine inhalable particulate matter (PM2.5) under the California and National AAQS, nonattainment for coarse inhalable particulate matter (PM10) under the California AAQS, and nonattainment for lead (Los Angeles County only) under the National AAQS. Because the proposed project involves long-term growth associated with buildout of the City, cumulative emissions generated from operation of individual development projects would exceed the South Coast AQMD regional and localized thresholds (see Impact 5.3-3 of the DEIR). Consequently, emissions generated by development projects in addition to existing sources in the City are considered to cumulatively contribute to the nonattainment designations of the SoCAB. Buildout of the proposed land use plan associated with the proposed project could contribute to an increase in frequency or severity of air quality violations and delay attainment of the AAQS or interim emission reductions in the AQMP, and emissions generated from buildout would result in a significant air quality impact.

Therefore, the proposed project would be inconsistent with the AQMP. As identified in Impact 5.3-3, of the DEIR, the proposed project would result in a substantial increase in volatile organic compounds (VOC), nitrogen oxides (NOX), and carbon monoxide (CO) compared to existing conditions.

Summary
Buildout of the Proposed General Plan would be consistent with the AQMP under the first criterion.

However, air pollutant emissions associated with buildout of the proposed project would cumulatively contribute to the nonattainment designations in the SoCAB. Therefore, the proposed project would be inconsistent with the AQMP.

Mitigation Measures
AQ-1 Prior to discretionary approval by the City of Wildomar for development projects subject to CEQA (California Environmental Quality Act) review (i.e., nonexempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project construction-related air quality impacts to the City of Wildomar Planning Department for review and approval. The evaluation shall be prepared in conformance with the South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts.
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Statement of Overriding Considerations - 94 - October 2024 Specifically, project applicants of discretionary projects within 1,000 feet of sensitive land uses (e.g., residences, schools, day care facilities, and nursing homes, etc.), as measured from the property line of the project site, that utilize off-road equipment of 50 horsepower or more, and that occur for more than 2 months of active construction (i.e., exclusive of interior renovations) shall prepare a construction health risk assessment (HRA) in accordance with policies and procedures of the South Coast AQMD. If the construction HRA shows that the incremental cancer risk exceeds 10 in a million, the appropriate noncancer hazard index exceeds 1.0, or the thresholds as determined by the South Coast AQMD, then the project applicant shall identify and demonstrate measures, such as those listed below, that can reduce potential cancer and noncancer risks to an acceptable level.

If construction-related criteria air pollutants are determined to have the potential to exceed the South Coast AQMD–adopted thresholds of significance, the City of Wildomar Building & Safety department shall require feasible mitigation measures to reduce air quality emissions. Potential measures shall be incorporated as conditions of approval for a project and may include but are not limited to the following:
 Require fugitive dust control measures that exceed South Coast Air Quality Management District’s Rule 403, such as:
• Requiring use of nontoxic soil stabilizers to reduce wind erosion. • Applying water every four hours to active soil disturbing activities. • Tarping and/or maintaining a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials.
 Using construction equipment rated by the United States Environmental Protection Agency as having Tier 4 interim or higher exhaust emission limits.  Ensuring construction equipment is properly serviced and maintained to the manufacturer’s standards.
 Limiting nonessential idling of construction equipment to no more than five consecutive minutes.  Using Super-Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super-Compliant architectural coating manufactures can be found on the South Coast Air Quality Management District’s website at:
https://www.aqmd.gov/home/rules-compliance/compliance/vocs/architectural-coatings/super-compliant-coatings.

These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City’s Planning Department.

AQ-2 Prior to discretionary approval by the City of Wildomar for development projects subject to CEQA (California Environmental Quality Act) review (i.e., nonexempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project 3275
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Statement of Overriding Considerations - 95 - October 2024 operation-phase-related air quality impacts to the City of Wildomar Planning Department for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology in assessing air quality impacts. If operation-related air pollutants are determined to have the potential to exceed the South Coast AQMD–adopted thresholds of significance, the City of Wildomar Planning Department shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval.

Possible mitigation measures to reduce long-term emissions could include, but are not limited to the following:
 For site-specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plug-in of the anticipated number of refrigerated trailers to reduce idling time and emissions.  Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in appropriate applications to optimize renewable energy generation systems and avoid peak energy use.  Site-specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with California Air Resources Board Rule 2845 (13 CCR Chapter 10 § 2485).
 Provide bicycle parking facilities per the Nonresidential Voluntary Measures and Residential Voluntary Measures of CALGreen.
 Provide facilities to support electric charging infrastructure per the Nonresidential Voluntary Measures and Residential Voluntary Measures of CALGreen.  Applicant-provided appliances shall be Energy Star–certified appliances or appliances of equivalent energy efficiency (e.g., dishwashers, refrigerators, clothes washers, and dryers). Installation of Energy Star–certified or equivalent appliances shall be verified by the City during plan check.

Finding:

As indicated on page 5.3-54 of Section 5.3, Air Quality, while the incorporation of Mitigation Measures AQ-1 an AQ-2 would reduce criteria air pollutant emissions associated with buildout, the proposed project is inconsistent with the South Coast AQMD’s AQMP because the proposed project would exceed South Coast AQMD’s regional significance thresholds and cumulatively contribute to the nonattainment designations of the SoCAB.

As identified on page 5.3-44 under Impact 5.3-3, of the DEIR, the proposed project would result in a substantial increase in VOC, NOX, and CO compared to existing conditions. There is no feasible mitigation to address the increase in VOC emissions due to the increase in consumer product use, at a 3276
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Statement of Overriding Considerations - 96 - October 2024 community-wide level, because these products are regulated by CARB via manufacturing requirements and are widely available to the public. The increase in NOX and CO emissions is also a result of the increase in mobile source and offroad equipment emissions. The City cannot regulate vehicle and offroad equipment fuel efficiencies and cannot preclude residents and employees in the City from purchasing vehicles available on the market. Because the source of these emissions is regulated by other public agencies that the City does not have jurisdiction over, there are no additional feasible mitigation measures and impacts would remain significant and unavoidable.

Changes or alterations have been required in, or incorporated into, the project that lessens the significant environmental effect as identified in the Draft EIR.

The City finds that there are no additional mitigation measures beyond Mitigation Measures AQ-1 and AQ-2 that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would substantially lessen or mitigate this impact to a less-than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities, make infeasible the alternatives identified in the EIR (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment. 3277
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Statement of Overriding Considerations - 97 - October 2024 Impact 5.3-2: Construction activities associated with future development that would be accommodated under the Proposed General Plan could generate short-term emissions in exceedance of the South Coast AQMD’s threshold criteria. [Threshold AQ-2 and AQ-3]
Construction activities under the proposed project would also temporarily increase PM10, PM2.5, VOC, NOX, SOX, and CO regional emissions in the SoCAB. The primary source of NOX, CO, and SOX emissions is the operation of construction equipment. The primary sources of particulate matter (PM10 and PM2.5) emissions are activities that disturb the soil, such as grading and excavation, road construction, and building demolition and construction. The primary sources of VOC emissions are the application of architectural coating and off-gas emissions associated with asphalt paving. A discussion of health impacts associated with air pollutant emissions generated by construction activities is included under “Air Pollutants of Concern” in Section 5.3.1.2, Regulatory Framework, of the DEIR.

Construction activities associated with the proposed project would occur over the buildout horizon of the plan, causing short-term emissions of criteria air pollutants. However, information regarding specific development projects, soil types, and the locations of receptors would be needed to quantify the level of impact associated with construction activity. Due to the scale of development activity associated with buildout of the proposed project, emissions would likely exceed the South Coast AQMD regional significance thresholds. In accordance with the South Coast AQMD methodology, emissions that exceed the regional significance thresholds would cumulatively contribute to the nonattainment designations of the SoCAB.

Air quality emissions related to construction must be addressed on a project-by-project basis. For the proposed project, which is a broad-based policy plan, it is not possible to determine whether the scale and phasing of individual projects would exceed the South Coast AQMD's short-term regional or localized construction emissions thresholds. In addition to regulatory measures—e.g., South Coast AQMD Rule 403 for fugitive dust control, Rule 1113 for architectural coatings, and CARB’s Airborne Toxic Control Measures—mitigation imposed at the project level may include extension of construction schedules and/or use of special equipment. Policy OS-2.2 in Open Space and Conservation Element would also require compliance with South Coast AQMD regulations and support appropriate future measures to reduce fugitive dust emanating from new project construction sites.

Localized Significance Thresholds (LSTs)
Implementation of the Proposed General Plan could expose sensitive receptors to elevated pollutant concentrations during construction activities if it would cause or contribute significantly to elevating those levels. Unlike regional emissions as shown in Table 5.3-10, localized concentrations refer to an amount of pollutant in a volume of air (ppm or µg/m3) and can be correlated to potential health effects.

LSTs are the amount of project-related emissions at which localized concentrations (ppm or µg/m3) would exceed the ambient air quality standards for criteria air pollutants for which the SoCAB is designated a nonattainment area. 3278
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Statement of Overriding Considerations - 98 - October 2024 Construction LSTs
Buildout of the Proposed General Plan would occur over the buildout horizon of the plan via several smaller projects, each with its own construction time frame and equipment. Because an LST analysis can only be conducted at a project-level, quantification of LSTs is not applicable for the program-level environmental analysis of the Proposed General Plan. Because potential development and redevelopment could occur close to existing sensitive receptors, future development projects that would be accommodated by the Proposed General Plan have the potential to expose sensitive receptors to substantial pollutant concentrations. Construction equipment exhaust combined with fugitive particulate matter emissions has the potential to expose sensitive receptors to substantial concentrations of criteria air pollutant emissions and result in potentially significant impacts.

While individual projects under the proposed project may not exceed the South Coast AQMD regional significance thresholds, the likely scale and extent of construction activities associated with future development projects under the Proposed General Plan would likely continue to exceed the relevant South Coast AQMD thresholds for some projects. Construction-related regional and localized air quality impacts of developments that would be accommodated by the proposed project would be potentially significant.

Mitigation Measures
See Mitigation Measure AQ-1.

Finding:

As indicated on page 5.3-54 of Section 5.3, Air Quality, buildout of the proposed project would generate short-term emissions that would exceed South Coast AQMD’s regional significance thresholds and cumulatively contribute to the nonattainment designations of the SoCAB. Individual projects under the proposed project may not exceed South Coast AQMD's regional significance thresholds with implementation of Mitigation Measure AQ-1. Information regarding specific development projects, soil types, and the locations of receptors would be needed to quantify the level of impact associated with construction activity. Due to the scale of development activity associated with future development accommodated under the Proposed General Plan and lack of specific site information, construction emissions would likely exceed the relevant South Coast AQMD thresholds for some projects. Air quality emissions related to construction must be addressed on a project-by-project basis. The Proposed Project is a broad-based policy plan, and therefore, it is not possible to determine whether the scale and phasing of individual/specific projects would exceed the South Coast AQMD's short-term regional or localized construction emissions thresholds. Without specific project detail it would too speculative to evaluate impacts at a project level. As such, there are no additional feasible mitigation measures and impacts would remain significant and unavoidable.

Changes or alterations have been required in, or incorporated into, the project that lessens the significant environmental effect as identified in the Draft EIR.

The City finds that there are no additional mitigation measures beyond AQ-1 that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would substantially lessen or mitigate this impact to a less-than-significant level, and further, that specific economic, 3279
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Statement of Overriding Considerations - 99 - October 2024 legal, social, technological, or other considerations, including considerations for the provision of employment opportunities, make infeasible the alternatives identified in the EIR (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment.

Impact 5.3-3: Implementation of the proposed project would generate additional, long-term emissions in exceedance of South Coast AQMD’s threshold criteria and cumulatively contribute to the South Coast Air Basin’s nonattainment designations. [Threshold AQ-2] The Proposed General Plan guides growth and development in the City by designating allowed land uses by parcel and through implementation of its goals and policies. New development would increase air pollutant emissions in the City and contribute to the overall emissions in the SoCAB. A discussion of health impacts associated with air pollutant emissions generated by operational activities is included under “Air Pollutants of Concern” in Section 5.3.1.2, Regulatory Framework, of the DEIR. The proposed project sets up the framework for growth and development but does not directly result in development.

Before development can occur, it must be analyzed for conformance with the general plan, zoning requirements, and other applicable local and State requirements; comply with the requirements of CEQA; and obtain all necessary clearances and permits.

Criteria Air Pollutant Emissions Forecast
The emissions forecast for Wildomar is shown in Table 5.3-10, City of Wildomar Regional Criteria Air Pollutant Emissions Forecast, of the DEIR. As shown in Table 5.3-10, of the DEIR, buildout of the proposed project would result in an increase in long-term emissions that exceed the daily South Coast AQMD thresholds for VOC, NOX, and CO. Emissions of sulfur dioxide (SO2), PM10, and PM2.5 would slightly increase compared to the existing land uses in the City in 2045, but would not exceed the South Coast AQMD thresholds.

The increase in VOC emissions compared to the existing land uses is a result of the increase in residential uses, which result in an increase in consumer product use. Emissions of VOC that exceed the South Coast AQMD regional significance thresholds would contribute to the O3 nonattainment designation of the SoCAB. The increase in NOX and CO emissions is a result of the increase in mobile source and offroad equipment emissions. Emissions of NOX that exceed South Coast AQMD’s regional significance thresholds would cumulatively contribute to the O3 and particulate matter (PM10 and PM2.5) nonattainment designations of the SoCAB.

Furthermore, the proposed project includes policies that would contribute to reducing operational emissions associated with development projects. Policies OS-2.5, OS-6.1, OS-6.2, OS-6.5, and OS-6.8 and Policies LU-4.2, LU-9.4, and LU-10.1 would reduce GHG emissions and energy demand and therefore have air quality co-benefits. In addition, Policies CI-5.5, CI-5.7, and CI-5.12 would help reduce VMT and vehicle congestion to improve air quality. Despite the policies in the Proposed General 3280
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Statement of Overriding Considerations - 100 - October 2024 Plan, the proposed project would exceed the South Coast AQMD regional significance thresholds and would contribute to the nonattainment designation of the SoCAB.

Environmental Justice
South Coast AQMD is taking steps to address localized impacts and exposures within environmental justice (EJ) communities. EJ communities are disproportionally impacted by various types of pollution and experience health, social, and economic inequalities. These inequities can also make residents of EJ communities more vulnerable to the effects of environmental pollution. These communities are often located near multiple air pollution sources including both mobile sources and commercial and industrial facilities. The most critical air pollutant affecting health in the SoCAB is PM2.5, which includes diesel particulate matter (DPM). Policy OS-2.3 and Policy LU-11.1 would ensure development to be compatible with surrounding land uses to reduce environmental effects on sensitive receptors.

Mitigation Measures
See Mitigation Measure AQ-2.

Finding:

As indicated on page 5.3-54 through page 5.3-57 of Section 5.3, Air Quality, buildout of the proposed project would generate long-term emissions that would exceed South Coast AQMD’s regional significance thresholds and cumulatively contribute to the nonattainment designations of the SoCAB. Implementation of Mitigation Measure AQ-2 would reduce air pollutant emissions; however, the increase in VOCs compared to existing baseline year conditions from residential development and consumer products would be significant and unavoidable (see Table 5.3-11, City of Wildomar Regional Criteria Air Pollutant Emissions Forecast Compared to Existing Conditions). There is no feasible mitigation to address the increase in VOC emissions at a community-wide level because these products are regulated by CARB via manufacturing requirements and are widely available to the public. The City has no regulatory authority over the manufacture or use of these products. As such, there are no additional feasible mitigation measures and impacts would remain significant and unavoidable.

Changes or alterations have been required in, or incorporated into, the project that lessens the significant environmental effect as identified in the Draft EIR.

The City finds that there are no additional mitigation measures beyond Mitigation Measure AQ-2 that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would substantially lessen or mitigate this impact to a less-than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities, make infeasible the alternatives identified in the EIR (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment. 3281
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Statement of Overriding Considerations - 101 - October 2024 Impact 5.3-4: The proposed project would expose sensitive receptors to substantial toxic air contaminant concentrations. [Threshold AQ-3]
CO Hotspots
Under existing and future vehicle emission rates, a project would have to increase traffic volumes at a single intersection to more than 44,000 vehicles per hour—or 24,000 vehicles per hour where vertical and/or horizontal air does not mix—in order to generate a significant CO impact. Implementation of the proposed project under horizon year conditions would add vehicle trips but is not anticipated to produce the volume of traffic required to generate a CO hotspot. According to traffic volume data provided by Chen Ryan Associates, the intersection that would experience the greatest traffic volumes in 2045 would be the I-15 NB Ramps to Wildomar Trail on Clinton Keith Road, with an estimated 49,300 average daily trips (ADT). As an industry standard, the ADT are divided by 10 to identify the estimated peak hour traffic volumes at this intersection. Based on this, the intersection the I-15 NB Ramps to Wildomar Trail on Clinton Keith Road would experience an estimated 4,930 peak hour vehicle trips. Thus, implementation of the proposed project would not produce the volume of traffic required to generate a CO hotspot, and CO hotspots impacts would be less than significant.

Localized Significance Thresholds (LSTs)
Unlike regional emissions as shown in Table 5.3-10, of the DEIR, localized concentrations refer to an amount of pollutant in a volume of air (ppm or µg/m3) and can be correlated to potential health effects.

LSTs are the amount of project-related emissions at which localized concentrations (ppm or µg/m3) would exceed the ambient air quality standards for criteria air pollutants for which the SoCAB is designated a nonattainment area.

Operational LSTs
The types of land uses that could generate substantial amounts of stationary source emissions include industrial land uses, which is a land use accommodated under the Proposed General Plan (see Table 3-2, Proposed General Plan Land Use Conversion Table, of the DEIR). Implementation of the Proposed General Plan policies could contribute to reducing criteria air pollutant emissions to nearby sensitive receptors.

Policy OS-2.3 and Policy LU-11.1 would ensure proposed industrial development would be compatible with surrounding land uses to reduce environmental effects on sensitive receptors. Policy OS-2.4 through Policy OS-2.6 would promote protection of air quality and minimize operation-related emissions in the City. The aforementioned policies of the Proposed General Plan would contribute to minimizing localized operation-related emissions from individual land use development projects accommodated in the Proposed General Plan to the extent possible.

However, per the LST methodology, information regarding specific development projects and the locations of receptors would be needed in order to quantify the levels of localized operation and construction-related impacts associated with future development projects. Thus, because the Proposed General Plan is a broad-based policy plan and does not itself propose specific development projects, it is not possible to calculate individual project-related operation emissions at this time. 3282
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Statement of Overriding Considerations - 102 - October 2024 Overall, because of the likely scale of future development and the inclusion of industrial uses that would be accommodated by the Proposed General Plan, some development projects could likely exceed the LSTs. Therefore, localized operation-related air quality impacts associated with implementation of the Proposed General Plan are considered potentially significant impacts.

Health Risk: Toxic Air Contaminants
The allowed development under the Proposed General Plan could elevate concentrations of Toxic Air Contaminants (TACs) (e.g., DPM) in the vicinity of sensitive land uses during temporary construction activities that would use offroad equipment operating on-site, and at different levels depending on the type of activity (for example, limited to none during installation of utilities, and more during grading activities). Operation of the development allowed under the Proposed General Plan would also generate DPM emissions from diesel truck activity (truck maneuvering and idling), transport refrigeration units (TRUs), and diesel-fueled off-road equipment (i.e., forklifts and yard trucks) in proximity to nearby sensitive receptors.

Permitted Stationary Sources
Various industrial and commercial processes (e.g., manufacturing, dry cleaning) allowed under the proposed land use plan would be expected to release TACs. Industrial land uses, such as chemical processing facilities, chrome-plating facilities, dry cleaners, and gasoline-dispensing facilities, have the potential to be substantial stationary sources that would require a permit from South Coast AQMD.

Policy OS-2.3 would ensure development to be compatible with surrounding land uses to reduce environmental effects on sensitive receptors. Additionally, emissions of TACs would be controlled by South Coast AQMD through permitting and would be subject to further study and health risk assessment prior to the issuance of any necessary air quality permits under South Coast AQMD Rule 1401, which would ensure less than significant impacts.

Industrial Land Uses
Warehousing or industrial operations generate substantial DPM emissions from off-road equipment use, truck idling, and/or use of TRUs for cold storage. The Proposed General Plan would result in net increase of 1,393,616 square feet of industrial land use at buildout under the Light Industrial (LI) and Business Park (BP) land use designations, primarily on the north side of Clinton Keith Road and west of Elizabeth Lane, as shown in Figure 3-4, Proposed Land Use Plan, of the DEIR. However, Policy OS2.3 in the Open Space and Conservation Element and Policy LU-11.1 in the Land Use Element would ensure proposed industrial development to be compatible with surrounding land uses to reduce environmental effects on sensitive receptors.

Though stationary sources associated with the Proposed General Plan would be required to comply with South Coast AQMD Rule 1401, truck idling does not fall under the purview of the air district.

Therefore, health risk impacts from development of industrial warehousing are considered potentially significant.
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Statement of Overriding Considerations - 103 - October 2024 Mitigation Measures
AQ-3 Industrial and Warehouse Development Health Risk Assessments. Prior to discretionary approval by the City of Wildomar, project applicants for new industrial or warehousing development projects that 1) have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel-powered transport refrigeration units, and 2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use, shall submit an operational health risk assessment (HRA) to the City of Wildomar Planning Department for review and approval.

The HRA shall be prepared in accordance with policies and procedures of the state Office of Environmental Health Hazard Assessment and the South Coast AQMD. If the HRA shows that the incremental cancer risk and/or noncancer hazard index exceeds the respective threshold, as established by the South Coast AQMD at the time a project is considered, the project applicant will be required to identify best available control technologies for toxics (T-BACTs) and appropriate enforcement mechanisms and demonstrate that they are capable of reducing potential cancer and noncancer risks to an acceptable level. T-BACTs may include but are not limited to restricting idling on-site or electrifying warehousing docks to reduce diesel particulate matter, or requiring use of newer equipment and/or vehicles. T-BACTs identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan.

Finding:

As indicated on page 5.3-57 of Section 5.3, Air Quality, Mitigation Measure AQ-3 would require HRAs for applicable industrial projects to ensure that T-BACTs are utilized to reduce potential cancer and noncancer risks to an acceptable level. Although individual projects would achieve project-level risk thresholds, the net increase in industrial land use allowed under the proposed project would generate TACs that could contribute to elevated levels in the air basin and cumulatively contribute to higher levels of cancer risk in the SoCAB. At a programmatic level analysis, it is not feasible to quantify the increase in TACs from stationary and industrial sources associated with the proposed project. As such, there are no additional feasible mitigation measures and impacts would remain significant and unavoidable.

Changes or alterations have been required in, or incorporated into, the project that lessens the significant environmental effect as identified in the Draft EIR.

The City finds that there are no additional mitigation measures beyond Mitigation Measure AQ-3 that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would substantially lessen or mitigate this impact to a less-than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities, make infeasible the alternatives identified in the EIR (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific 3284
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Statement of Overriding Considerations - 104 - October 2024 overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment.

3. Biological Resources
Impact 5.4-1: Buildout of the proposed Land Use Plan could impact sensitive or specialstatus plant and animal species known to occur in the City of Wildomar. [Threshold B-1]
Within the City limits and its vicinity, there are several sensitive plant and animal species known to occur. As listed in Table 5.4-1, Special-Status Plant Species Identified in the Literature Review, and Table 5.4- 2, Special-Status Wildlife Species Identified in the Literature Review, of the DEIR, respectively, there are a total of 36 special-status plant species and 43 special-status wildlife species potentially occurring within and adjacent to the area. Some of the sensitive wildlife species that have been observed or potentially occurring within and adjacent to the City include, but not limited to, fairy shrimp species, Cooper’s hawk, burrowing owl, coastal Califor-nia gnatcatcher, least Bell’s vireo, southern California rufous-crowned sparrow, Stephens’ kangaroo rat, and mountain lion. The City is urbanized and bisected by I-15, and therefore provides minimal habitat value for sensitive and special status species. However, less developed areas of the City—such as vacant land, open space areas, water features, and agricultural land as well as the foothills of the Cleveland National Forest (located in the southwestern portion of the City) and the Santa Margarita and Elsinore Mountains—have the potential to support native species and natural communities/habitat that may allow for wildlife migration.

The City is within the Elsinore Area Plan, which is a part of the MSHCP—specifically, Subunit 3– Elsinore and Subunit 4–Sedco Hills. Subunit 3–Elsinore is in and adjacent to the western portion of the City, and Subunit 4–Sedco Hills covers most of the mountains from the northeastern portion to the southeastern portion of the City, as shown on Figure 5.4-2, of the DEIR. Land within the subunits contains habitat and wildlife corridors that is more suitable for sensitive or special-status species as opposed to the rest of the City, which is urbanized and may not contain suitable habitat. Within these subunits, 15 sensitive plant and 25 animal species have been known to occur as mentioned in Section

5.4.1.2 and shown in Table 5.4-2 of the Draft EIR. One of the main goals of the Elsinore Area Plan is to conserve existing habitat for the various plant and animal species and link existing suitable habitats.

A majority of Subunit 3–Elsinore is developed, while the majority of Subunit 4–Sedco Hills is undeveloped hills and mountains. Under the proposed project, the areas in and adjacent to Subunit 3– Elsinore would remain mostly developed with residential and light industrial uses. Additionally, Subunit 4–Sedco Hills would be developed with a mix of low residential designations and open space lands.

Compared to existing conditions, the addition of low-density development would increase impacts to sensitive species in Subunit 4–Sedco Hills. Buildout of the City in accordance with the Proposed General Plan could impact special status vegetation or wildlife.

The MSHCP identifies mountain lion (a candidate for state listing) as a planning species in Existing Cores A, B, C, F, G, I, J, K, L and M; Proposed Cores 3, 4, 6 and 7; Existing Linkage A; Proposed Linkage 1, 5, 9, 10, 11, 15, 17, and 18; and Proposed Constrained Linkage 1, 2, 5, 10, 11, 14. The following Cores are considered “live in” Cores for mountain lion:
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Statement of Overriding Considerations - 105 - October 2024 • Existing Core B – Cleveland National Forest,
• Existing Core G – Santa Margarita Ecological Reserve, • Existing Core K – San Bernardino National Forest,
• Existing Core L – Beauty Mountain,
• Existing Core M – Agua Tibia Mountains,
• Existing Linkage A – BLM land east of Rainbow Creek
• Proposed Core 3 – Badlands / Potrero
The City is not within the key habitat areas and linkages within the MSHCP Plan Area for conservation of the mountain lion and therefore buildout of the City would not result in significant impacts to mountain lion movements. Mountain lion is a Covered Species Adequately Conserved per the MSHCP, and therefore, as long as the terms of the MSHCP are implemented, Wildlife Agencies would not require additional mitigation. Furthermore, development of a property outside the MSHCP Conservation Area (both within and outside of the Criteria Area) shall receive Take Authorization for Covered Species Adequately Conserved provided a payment of a mitigation fee is made in compliance with MSHCP Section 6.0. Payment of the mitigation fee and compliance with the requirements of Section

6.0 will provide full mitigation under the CEQA, FESA, CESA for impacts to species and habitats covered by the MSHCP per the agreements with the USFWS and CDFW.

The Proposed General Plan provides policies which would reduce impacts to Wildomar’s biological resources, including the following:
• Policy LU-1.3 Development Clustering and Density Transfers. Allow development clustering and/or density transfers to preserve open space, natural resources, cultural and/or biological sensitive resources. • Policy LU-7.1 Design to Respect Natural Settings. Require that new development conform building massing to topographic forms and minimize alteration of natural landforms and vegetation, incorporating natural drainage systems, allowing development clustering to maintain slopes, restricting grading of steep slopes, and encouraging the preservation of significant hillsides, canyon edges and hilltops as prominent visual features. • Policy LU-13.1 Preservation of Open Space Lands. Provide for permanent preservation of open space lands that contain important natural resources, hazards, water features, watercourses, and scenic and recreational value. • Policy OS-1.1 Habitat Conservation. Require and enforce provisions of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) and Stephens Kangaroo Rat Habitat Conservation Plan to protect environmentally-sensitive lands, habitats, and vulnerable species. • Policy OS-1.2 Wetland and Riparian Area Protection. To the maximum extent possible, development shall avoid and conserve remaining habitats in wetlands and riparian areas that are critical to the feeding, hibernation, or nesting of wildlife species associated with these areas. 3286
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Statement of Overriding Considerations - 106 - October 2024 • Policy OS-1.5 Wildlife Corridors. Protect existing wildlife corridors by reducing habitat fragmentation from new developments. Work with the Riverside Conservation Agency (RCA) to pursue land purchase opportunities to preserve available lands. • Policy OS-1.6 Natural Vegetation Conservation. Maintain and conserve mature and historic examples of native trees, natural vegetation, stands of established trees, and other features for ecosystem, aesthetic, and water conservation purposes. • Policy OS-1.8 Protect Ridgelines. Protect ridgelines from incompatible development that diminishes their scenic value, and ensure their conservation, preservation, and management These policies provide for the permanent preservation of open space lands, protection of habitats containing special status plant and wildlife species, and enforcement of the Western Riverside County MSHCP and Stephens’ Kangaroo Rat Habitat Conservation Plan provisions. Therefore, the proposed General Plan Update would increase the level of protection of these plant and wildlife species within the City’s regulatory framework.

In addition, the following policy requires proposed development projects to conduct biological assessments to determine if sensitive biological resources and wildlife corridors would be impacted and to adopt a process and mitigation regulations for potential resource impacts, as required by USFWS and CDFW.

Policy OS-1.3 Biological Reports. Require biological reports that comply with the MSHCP for new development projects, transportation projects, and other planning efforts in the City.

The City is a participant in the Western Riverside County MSHCP which encompasses approximately

1.26 million acres of land. The MSHCP provides a framework for the US Fish and Wildlife Service (USFWS) and CDFW to grant take authorization (i.e., incidental take permits) for species covered by the MSHCP that are FESA and/or CESA listed as threatened or endangered. Approval of the MSHCP and execution of the implementing agreement by the USFWS and CDFW allow the agencies to issue Take Authorizations, including the City of Wildomar. Issuance of Take Authorization to the local jurisdictions allows plan participants to implement land use decisions consistent with the MSHCP without project-by-project review and permitting by USFWS and CDFW, a key goal of the MSHCP.

However, mitigation for impacts to both listed and unlisted species would be required pursuant to CEQA or other regulatory processes, and the MSHCP’s Conservation Area provides an avenue for this mitigation.

If a future project has the potential to adversely impact plant species, and the project site is within a Section 6.1.3 Narrow Endemic Plant Species Survey Area (NEPSSA) and Section 6.3.2 Criteria Area Plant Species Survey Area (CAPSSA), then the MSHCP would require that an environmental analysis and site visit (habitat assessment) be performed in order to determine the potential for narrow endemic and/or criteria area plant species to occur within the project site. If the habitat assessment determines that suitable habitat for narrow endemic and/or criteria area plant species is present, then focus surveys during the appropriate blooming season would be required and conducted in accordance with accepted botanical survey protocols according to the CDFW, California Native Plant Society (CNPS), and USFWS’ General Rare Plant Survey protocols. If narrow endemic and/or criteria area plant species are 3287
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Statement of Overriding Considerations - 107 - October 2024 identified onsite and a future project cannot avoid (permanent or temporary) at least 90 percent of the occupied portion of the property that contributes to the long-term conservation value of the species, a Determination of Biological Equivalent or Superior Preservation (DBESP) would be required. If a project site is not within a NEPSSA or CAPSSA, then a statement to this effect shall be included in the and the results shall be included in the habitat assessment and no further action is required per the MSHCP.

In addition to the MSHCP, there is a long-term (30-year) HCP for Stephens’ kangaroo rat (Dipodomys stephensi). The HCP is administered by the Riverside County Habitat Conservation Agency. While the core reserves established by the Stephens’ kangaroo rat HCP are managed as part of the MSHCP Conservation Area, the Stephens’ kangaroo rat HCP still provides take authorization for Stephens’ kangaroo rat within its boundaries. Although there are no core reserves within the City, the majority of the City is within the Stephens’ kangaroo rat plan area, and therefore is subject to fees (See Figure

5.4-1, of the DEIR). The MSHCP provides take authorization outside of the area already covered by the Stephens’ kangaroo rat HCP.

Figure 5.4-6, Flow Chart to Guide Development Applications, through Figure 5.4-14, Flow Chart to Guide Covered Roads Recommendations, of the DEIR, provide flow charts to assist future developers on the steps required to ensure future projects minimize impacts to biological resources. Future development under the project would be required to demonstrate compliance with the MSHCP, FESA, CESA, and CEQA, as well as with the proposed General Plan Update goals, objectives, and policies discussed above, which would reduce potential impacts on special status plant and wildlife species within the City. Policies under the proposed General Plan Update that require measures such as site-specific biological studies and compliance with the MSHCP would ensure that the assessment of potential impacts to candidate, listed, and special status species be made on a project by project basis. Additionally, Mitigation Measures BIO-1 through BIO-9, and Mitigation Measure BIO-14 would be implemented at the project level, as applicable, to reduce impacts to biological resources. Mitigation Measures BIO-1 and BIO-2 require worker environmental awareness training for biological resources and appropriate measures to avoid impacts to biological resources, Mitigation Measures BIO-3 through BIO-9 provide provisions to reduce impacts to wildlife species, and Mitigation Measure BIO-14 would reduce impacts to wildlife corridors/movement.

While compliance with applicable regulations, MSHCP, and implementation of the Proposed General Plan policies and the mitigation measures identified in this EIR would protect special status species, it is uncertain as to whether changes in project design or mitigation would fully reduce impacts to a less than significant level. Future development projects would require more detailed evaluations of biological resources and formulation of mitigation measures, if needed, by a qualified biologist. As projectspecific information is unknown at this time, it would be speculative to make such determinations.

Therefore, impacts to sensitive plant and wildlife species are conservatively considered significant and unavoidable.

Mitigation Measures
See Mitigation Measures BIO-1, BIO-2, BIO-7, BIO-8, BIO-9 and BIO-14. 3288
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Statement of Overriding Considerations - 108 - October 2024 BIO-3 If an action has potential to adversely impact amphibian species (e.g., may impact potential habitat for amphibians or may otherwise result in disturbance to amphibians from noise, light, or some other potentially disturbing activity), prior to the start of ground-disturbing activities, determine if a project falls within the mapped survey area for amphibian species (arroyo toad, California red-legged frog, and mountain yellowlegged frog [Rana muscosa]) and if suitable habitat is present, then focused surveys shall be required prior to ground-disturbing activities and the results shall be included in the habitat assessment. Focused surveys shall be conducted in accordance with accepted survey protocols for the arroyo toad, California red-legged frog, and mountain yellow-legged frog (USFWS Survey Protocol for the Arroyo Toad [1999], USFWS Revised Guidance on Site Assessments and Field Surveys for the California Red-Legged Frog [2005], and MSHCP Mountain Yellow-Legged Frog Survey Protocol). If a project is not located within an amphibian survey area, a statement to this effect shall be included in the and the results shall be included in the habitat assessment and no further action is required. If it is determined in the habitat assessment prepared by a qualified biologist that there is no potential habitat for amphibian species to occur within a project site, a conclusion that no suitable habitat is present on the site supported with solid evidence and no other measures are recommended shall be provided to the project applicant and the City of Wildomar Community Development Department. If conditions or circumstances change after the environmental analysis is conducted and prior to ground-disturbing activities associated with the action, then the validity of the results shall be confirmed, or an updated environmental analysis shall be conducted prior to impacting a project site.

If amphibian species are identified within a project site and a project cannot avoid (permanent or temporary) at least 90 percent of the occupied portion of the property that contributes to the long-term conservation value of the species, a DBESP shall be required. A justification by a qualified biologist regarding how the 90 percent and 10 percent determinations were made is required and shall be included in the DBESP.

Refer to Figure 5.4-8, Flow Chart to Guide Special-Status Wildlife (Amphibians) Recommendations, of the DEIR.

BIO-4 If an action has potential to adversely impact the burrowing owl (Athene cunicularia) (e.g., may impact potential habitat or may otherwise result in disturbance to burrowing owls from noise, light, or some other potentially disturbing activity), prior to the start of ground-disturbing activities, determine if a project falls within the mapped (designated) survey area for the burrowing owl and if suitable habitat is present, then focused surveys shall be required prior to ground-disturbing activities and the results shall be included in the habitat assessment. Focused surveys shall be conducted in accordance with the MSHCP Burrowing Owl Survey Instructions and during the breeding season (survey window is March 1 to August 31). If a project is not located within the burrowing owl survey area, include a statement to this effect and no further action is required. If it is determined in the habitat assessment prepared by a qualified biologist that there is no potential habitat for burrowing owls to occur within a project 3289
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Statement of Overriding Considerations - 109 - October 2024 site, a conclusion that no suitable habitat is present on the site supported with solid evidence and no other measures are recommended shall be provided to the project applicant and the City of Wildomar Community Development Department. If conditions or circumstances change after the environmental analysis is conducted and prior to ground-disturbing activities associated with the action, then the validity of the results shall be confirmed, or an updated environmental analysis shall be conducted prior to impacting a project site.

If burrowing owls are not found during focused surveys, documentation prepared by a qualified biologist shall include a written commitment to conduct pre-construction surveys for the burrowing owl in areas of suitable habitat no more than 30 days prior to the initiation of ground disturbance (e.g., vegetation clearing, clearing and grubbing, tree removal, site watering, equipment staging, grading, etc.) to ensure that no owls have colonized the site in the days or weeks preceding the ground-disturbing activities. If burrowing owls have colonized a project site prior to the initiation of grounddisturbing activities, the project proponent shall immediately inform the Regional Conservation Authority (RCA) and the Wildlife Agencies, such as the California Department of Fish and Wildlife, and will need to coordinate further with RCA and the Wildlife Agencies, including the possibility of preparing and getting approval of a Burrowing Owl Protection and Relocation Plan, prior to initiating ground disturbance. If ground-disturbing activities occur, but the site is left undisturbed for more than 30 days, a pre-construction survey will be required again to ensure burrowing owl has not colonized the site since it was last disturbed. If the burrowing owl is found, the same coordination described above shall be necessary.

If burrowing owls are identified within a project site and a project cannot avoid (permanent or temporary) at least 90 percent of the occupied portion of the property that contributes to the long-term conservation value of the species, a DBESP is required and a Burrowing Owl Protection and Relocation Plan shall be prepared, approved and implemented. A justification by a qualified biologist regarding how the 90 percent and 10 percent determinations were made is required and shall be included in the DBESP. Refer to Figure 5.4-9, Flow Chart to Guide Burrowing Owl Recommendations, of the DEIR.

BIO-5 If an action has potential to adversely impact mammal species (e.g., may impact potential habitat for mammals or may otherwise result in disturbance to mammals from noise, light, or some other potentially disturbing activity), prior to the start of grounddisturbing activities, determine if a project falls within the mapped survey area for mammal species (Aguanga kangaroo rat [Dipodomys merriami collinus], Los Angeles pocket mouse [Perognathus longimembris brevinasus], and San Bernardino kangaroo rat) and if suitable habitat is present, then focused surveys shall be required prior to ground-disturbing activities and the results shall be included in the habitat assessment.

Focused surveys shall be conducted in accordance with accepted survey protocols for these species (MSHCP Biological Monitoring Program – Stephens’ Kangaroo Rat [2006] and Survey Protocol for Los Angeles Pocket Mouse). If a project is not located 3290
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Statement of Overriding Considerations - 110 - October 2024 within a mammal survey area, include a statement to this effect and no further action is required. If it is determined in the habitat assessment prepared by a qualified biologist that there is no potential habitat for mammal species to occur within a project site, a conclusion that no suitable habitat is present on a site supported with solid evidence and no other measures are recommended shall be provided to the project applicant and the City of Wildomar Community Development Department. If conditions or circumstances change after the environmental analysis is conducted and prior to ground-disturbing activities associated with the action, then the validity of the results shall be confirmed, or an updated environmental analysis shall be conducted prior to impacting a project site.

If mammal species are identified within a project site and a project cannot avoid (permanent or temporary) at least 90 percent of the occupied portion of the property that contributes to the long-term conservation value of the species, a DBESP is required.

A justification by a qualified biologist regarding how the 90 percent and 10 percent determinations were made is required and shall be included in the DBESP.

BIO-6 If an action has potential to adversely impact vernal pools or other suitable fairy shrimp habitats, then focused surveys shall be required prior to ground-disturbing activities and the results shall be included in the habitat assessment. Focused surveys shall be conducted pursuant to the USFWS Survey Guidelines for the Listed Large Branchiopods, which includes six listed fairy shrimp species, including those species covered under the MSHCP Section 6.1.2. Two seasons of fairy shrimp surveys are required. If it is determined in the habitat assessment prepared by a qualified biologist that there is no potential habitat for vernal pools or fairy shrimp species to occur within a project site, a conclusion that no suitable habitat is present on the site supported with solid evidence and no other measures are recommended shall be provided to the project applicant and the City of Wildomar Community Development Department. If conditions or circumstances change after the environmental analysis is conducted and prior ground-disturbing activities associated with the action, then the validity of the results shall be confirmed, or an updated environmental analysis shall be conducted prior to impacting a project site.

If fairy shrimp species are identified within a project site and a project cannot avoid (permanent or temporary) at least 90 percent of the occupied portion of the property that contributes to the long-term conservation value of the species, a DBESP is required. A justification by a qualified biologist regarding how the 90 percent and 10 percent determinations were made is required and shall be included in the DBESP.

Refer to Figure 5.4-10, Flow Chart to Guide Vernal Pools and Fairy Shrimp Recommendations, of the DEIR.

Finding:

As indicated on page 5.4-95 of Section 5.4, Biological Resources, buildout of the proposed project could impact sensitive or special-status species known to occur in the City. While compliance with the 3291
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Statement of Overriding Considerations - 111 - October 2024 Proposed General Plan policies and Mitigation Measures BIO-1 through BIO-9 as well as Mitgiation Measure BIO-14would reduce impacts on biological resources, it is uncertain if all impacts can be reduced to less than significant because project-specific information is unknown. Therefore, impacts are conservatively considered significant and unavoidable.

Changes or alterations have been required in, or incorporated into, the project that lessens the significant environmental effect as identified in the Draft EIR.

The City finds that there are no additional mitigation measures beyond Mitigation Measures BIO-1 through BIO-9 that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would substantially lessen or mitigate this impact to a less-than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities, make infeasible the alternatives identified in the EIR (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment.

4. Cultural Resources
Impact 5.5-1: Future development under the proposed project could impact an identified historic resource. [Threshold C-1]
Future development could adversely impact current and/or future historic resources within the City through changes to accommodate adaptive reuse, removal, or reconstruction. Known or future historic sites or resources listed in the national, California, or local registers maintained by the City would be protected through local ordinances; the Proposed General Plan policies; and state and federal regulations restricting alteration, relocation, and demolition of historical resources.

Implementation of the Proposed General Plan policies, such as Policy LU-1.3, which allows for clustering of development to preserve culturally sensitive resources, and Policy OS-4.1, which encourages adaptive reuse of structures of historical significance for preservation, as well as compliance with state and federal regulations would ensure that development would not result in adverse impacts to identified historic and cultural resources. While regulations provide a process for recognizing historic buildings and places, they do not prevent the reuse or modification of such resources.

At the time a development project is proposed adjacent to or near a known or potential historic structure or resource, the project-level CEQA document of the development project would need to identify any impacts, direct or indirect, that the project could have on the identified historic structure or resource. The CEQA Guidelines require a project that will have potentially adverse impacts on historical resources to conform to the Secretary of Interior’s Standards for the Treatment of Historic Properties in order to mitigate any such impacts to a level of insignificance.

Before any development or redevelopment activities can occur in the City, all such activities are required to be analyzed for conformance with the General Plan, zoning requirements, and other 3292
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Statement of Overriding Considerations - 112 - October 2024 applicable local, state, and federal requirements; comply with the requirements of CEQA; and obtain all necessary clearances and permits. Therefore, adoption of the proposed project in itself would not lead to demolition or material alteration of any historic resource.

However, identified historic structures and sites that are potentially eligible for future historic resources listing may be vulnerable to development activities accompanying infill, redevelopment, or revitalization that would be accommodated by the proposed project. For instance, the placement of new buildings adjacent to a historic resource may result in indirect impacts to access, visibility, and visual context, while renovations or modifications to historic resources may deteriorate or destroy the characteristics that make those resources important or unique. In addition, other buildings or structures that could meet the National Register of Historic Places (NRHP) criteria upon reaching 50 years of age might be impacted by development or redevelopment activities that would be accommodated by the proposed project. Regardless of the implementation of the Proposed General Plan policies and state regulations, some historic properties may be significantly affected by implementation of the proposed project; the loss and/or permanent alteration of historic resources would result in potentially significant impacts.

Mitigation Measures
CUL-1 Site-Specific Cultural Resources Study and Evaluation of Resources. For projects that are on land that has not previously been developed, or will involve construction on areas where no previous ground disturbance or excavation has occurred, or for structures that are 50 years of age, a site-specific cultural resources study shall be completed prior to project approval. This site-specific cultural resources study shall include, but not be limited to a, records search with the California Historical Resource Information System, review of historical documents, a Sacred Lands File search with the NAHC, and a field survey/site effort. The findings of the study shall be submitted as a report that follows the California Office of Historic Preservation’s recommended content and format. The report will provide the historic context, methods, results, and recommendations for appropriate findings.

Finding:

As indicated on page 5.5-17 of Section 5.5, Cultural Resources, while site-specific cultural resources studies could reduce potential impacts to historic resources, a project that would result in the demolition or significant alteration of a historic resource cannot be mitigated because such activities would result in a permanent loss of and irreversible change to a historic resource. As such, there are no other feasible mitigation measures and impacts would remain significant and unavoidable.

Changes or alterations have been required in, or incorporated into, the project that lessens the significant environmental effect as identified in the Draft EIR.

The City finds that there are no additional mitigation measures beyond Mitigation Measure CUL-1 that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would substantially lessen or mitigate this impact to a less-than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities, make infeasible the alternatives identified in the EIR (Public 3293
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Statement of Overriding Considerations - 113 - October 2024 Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment.

5. Greenhouse Gas Emissions
Impact 5.8-1: Implementation of the Proposed General Plan would result in an increase in GHG emissions and would not place the City on a trajectory to achieve the goals established under Executive Order S-03-05 or progress toward the State’s carbon neutrality goal. [Threshold GHG-1]
Horizon Year 2045 Emissions Forecast
Buildout of the Proposed General Plan is not linked to a specific development time frame but is assumed over a 25-year horizon, which would result in a net increase of 27,999 residents and 6,274 employees in the City by 2045. Development that would be accommodated by the Proposed General Plan would generate a net increase of 547,749 daily VMT at buildout (refer to Table 5.3-9 and Appendix

5.3-1 of the DEIR). The community GHG emissions inventory for the Proposed General Plan at buildout compared to existing conditions is shown in Table 5.8-5, City of Wildomar GHG Emissions Forecast, of the DEIR.

As shown in Table 5.8-5, of the DEIR, buildout of the land uses accommodated under the Proposed General Plan would result in a net increase in GHG emissions from existing conditions. However, GHG emissions per service population (SP) would decrease by 1.7 metric ton of CO2-equivalent (MTCO2e/SP). The primary reason for the decrease in GHG emissions per SP is due to regulations adopted to reduce GHG emissions and turnover of California’s on-road vehicle fleets.

Consistency with the State’s 2045 GHG Reduction Targets and Carbon Neutrality Goals To determine whether the Proposed General Plan would result in a potentially significant impact, the Proposed General Plan must demonstrate consistency with the State’s 2045 GHG reduction target of carbon neutrality. Under the Proposed General Plan, new growth would be focused on areas of the City where services exist or can be expanded and/or extended to serve additional and more intensive development. As identified in Table 5.8-5, of the DEIR, the Proposed General Plan would result in an increase of 21 percent in GHG emissions and would not achieve an 85 percent reduction in GHG emissions by 2045. Additionally, state strategies to achieve post-2030 targets would be necessary to align with the State's long-term GHG reduction targets. Therefore, until such GHG strategies have been adopted, GHG emissions impacts for the Proposed General Plan are considered potentially significant regarding meeting the long-term year 2045 reduction goal.

General Plan Policies That May Reduce GHG Emissions
While growth in the City would cumulatively contribute to GHG emissions impacts, implementation of the Proposed General Plan policies could also help minimize energy and mobile-source emissions.

Policies OS-2.4, OS-6.1, OS-6.2, OS-6.4, OS-6.6, OS-6.8 and OS-6.9 would contribute to reducing 3294
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Statement of Overriding Considerations - 114 - October 2024 emissions from energy consumption by increasing energy efficiency and transitioning from natural gas to all-electric appliances and renewable energy systems. Additionally, the Proposed General Plan would provide selective improvements to the circulation network to support land use changes in nine Focus Areas where growth is likely to occur during the planning period. Policies CI-2.1, CI-5.5, CI-5.7, and CI-5.12 would contribute to reducing GHG emissions from mobile sources by reducing single-passenger vehicle trips and VMT, reducing vehicle congestion, and supporting TDM measures where feasible.

These transportation network and policy improvements would help support the City’s mobility infrastructure as the City transitions from low density to higher density land use patterns (Appendix 5.17- 1, of the DEIR).

The primary mechanism by local jurisdictions can ensure consistency with the State GHG reduction goals is through preparation of a Climate Action Plan; the City of Wildomar participated in the Western Regional Council of Governments’ (WRCOG) subregional climate action planning efforts. The proposed project includes policies to reduce the City's GHG emissions consistent with statewide GHG reduction and elimination goals, such as Policy OS-8.1 and Policy OS-8.2.

However, it is uncertain whether these Climate Action Plan policies will, in effect, lower the City’s GHG emissions to a less-than-significant level. Therefore, GHG emissions associated with the proposed project are considered potentially significant.

Mitigation Measures
GHG-1 The City of Wildomar shall participate in implementation and future updates of the Subregional Climate Action Plan (CAP) led by the Western Riverside Council of Government (WRCOG) with a focus on strategies that provide community-wide greenhouse gas (GHG) emission reductions in the City’s planning area. The City shall conduct regular monitoring and reporting of community-wide GHG emissions to ensure progress toward reducing community-wide GHGs and work with WRCOG and partners to update the Subregional CAP on a regulator basis to ensure long-term reduction in GHG emissions.

The City shall prepare a list of quantified GHG reduction measures or best management practices for use by new development subject to the City’s discretionary review process, that are consistent with the Subregional CAP. The City shall require that Applicants for new development that would result in significant GHG emissions impacts, be required to implement the GHG reduction measures or best management practices identified on the list prepared by the City, if determined to be applicable for the project.

Examples of mitigation measures that may be considered, include the following:
 Measures that encourage transit use, carpooling, bike-share and car-share programs, active transportation, and parking strategies, including, but not limited to the following:
• Promote transit-active transportation coordinated strategies; • Increase bicycle carrying capacity on transit and rail vehicles; • Improve or increase access to transit;
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Statement of Overriding Considerations - 115 - October 2024 • Increase access to common goods and services, such as groceries, schools, and day care;
• Incorporate the neighborhood electric vehicle network; • Orient the project toward transit, bicycle and pedestrian facilities; • Improve pedestrian or bicycle networks, or transit service; • Provide traffic calming measures;
• Limit or eliminate park supply;
• Unbundle parking costs;
• Provide parking cash-out programs;
• Implement or provide access to commute reduction program;  Require at least five percent of all vehicle parking spaces include electric vehicle charging stations;
 Adopting employer trip reduction measures to reduce employee trips such as vanpool and carpool programs, providing end-of-trip facilities, and telecommuting programs including but not limited to measures that:
• Provide car-sharing, bike sharing, and ride-sharing programs; • Provide transit passes;
• Shift single occupancy vehicle trips to carpooling or vanpooling, for example providing ride-matching services;
• Provide incentives or subsidies that increase that use of modes other than single occupancy vehicle;
• Provide on-site amenities at places of work, such as priority parking for carpools and vanpools, secure bike parking, and showers and locker rooms;
• Provide employee transportation coordinators at employment sites; and
• Provide a guaranteed ride home service to users of non-auto modes.  Provide maximum future coverage of solar panels and installing the maximum solar power generation capacity feasible;
 Oversizing electrical rooms by 25 percent or providing a secondary electrical room to accommodate future expansion of electric vehicle charging capability;  Running conduit to designated locations for future electric truck charging stations.

Finding:

As shown on page 5.8-30 in Table 5.8-5, City of Wildomar GHG Emissions Forecast, of the DEIR, the proposed project would result in a net increase of 21 percent in GHG emissions from existing conditions and would not achieve an 85 percent reduction in GHG emissions by 2045. The majority of GHG emissions generated from buildout of the Proposed General Plan would be from on-road transportation emissions (56 percent). The City does not regulate vehicle fuel efficiency and cannot preclude residents and employees in the City from purchasing vehicles available on the market. Until such GHG 3296
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Statement of Overriding Considerations - 116 - October 2024 strategies have been adopted, GHG emissions impacts for the Proposed General Plan would not meet the long-term year 2045 reduction goal. As indicated on page 5.8-35 of Section 5.8, Greenhouse Gas Emissions, Mitigation Measure GHG-1 could contribute to reducing GHG emissions from land uses accommodated under the proposed project. However, given the growth in population and employment within the City and the magnitude of emissions reductions needed to achieve the GHG reduction target, it is uncertain whether Mitigation Measure GHG-1 would reduce emissions to less-than-significant levels. As such, there are no additional feasible mitigation measures and impacts would remain significant and unavoidable.

Changes or alterations have been required in, or incorporated into, the project that lessens the significant environmental effect as identified in the Draft EIR.

The City finds that there are no additional mitigation measures beyond Mitigation Measure GHG-1 that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would substantially lessen or mitigate this impact to a less-than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities, make infeasible the alternatives identified in the EIR (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment.

6. Noise
Impact 5.13-1: Construction activities would result in temporary noise increases in the vicinity of the proposed project. [Threshold N-1] As part of implementing the proposed project, various individual future projects would generate temporary noise level increases on and adjacent to construction sites in the City. Construction within the City would be limited to weekdays and non-holidays to the hours in the City’s Municipal Code Section

9.48.020(I). The hours would be from 6:00 am to 6:00 pm during the months of June through September, and 7:00 am to 6:00 pm during the months of October through May. Additionally, construction within one-quarter mile from an occupied residence shall be permitted Monday through Saturday 6:30 am to 7:00 pm, and no construction on Sunday or City-observed holidays unless approved by City Building Official or City Engineer, as noted in Section 15.04.010 of the City Municipal Code. Construction activities are performed in distinct steps, each of which has its own mix of equipment, and, consequently, its own noise characteristics. Table 5.13-8, Reference Construction Equipment Noise Levels, of the DEIR, lists typical construction equipment noise levels recommended for noise-impact assessments based on a distance of 50 feet between the equipment and noise receptor.

As shown in Table 5.13-8, of the DEIR, construction equipment generates high levels of noise, with maximums ranging from 76 to 101 dBA at a distance of 50 feet. Construction of individual development projects associated with implementation of the proposed project would temporarily increase the 3297
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Statement of Overriding Considerations - 117 - October 2024 ambient noise environment and would have the potential to affect noise-sensitive land uses in the vicinity of an individual project.

Because specific project-level information is not available at this time, it is not possible nor appropriate to quantify the construction noise impacts at specific sensitive receptors. In most cases, construction of individual development projects associated with implementation of the proposed project would temporarily increase the ambient noise environment in the vicinity of each individual project, potentially affecting existing and future nearby sensitive uses. Proposed General Plan Policy N-1.6 would help to mitigate City impacts by requiring them to minimize short-term noise impacts on sensitive receptors using best management practices. However, because construction activities associated with any individual development may occur near noise-sensitive receptors and because, depending on the project type, equipment list, time of day, phasing, and overall construction durations, noise disturbances may occur for prolonged periods of time or during the more sensitive evening/nighttime hours, construction noise impacts associated with implementation of the proposed project are considered potentially significant.

Mitigation Measures
N-1 Construction Noise Measures. Construction contractors shall implement the following measures for construction activities conducted in the City of Wildomar. Construction plans submitted to the City shall identify these measures on demolition, grading, and construction plans. The City of Wildomar shall verify that grading, demolition, and/or construction plans submitted to the City include these notations prior to issuance of demolition, grading, and/or building permits.  During the entire active construction period, equipment and trucks used for project construction shall use the best-available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Proper mufflers and/or silencers can achieve a 4 to 5 dBA reduction, while engine enclosers can achieve 8 to 10 dBA reduction  Impact tools (e.g., jack hammers and hoe rams) shall be hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Pneumatic tools typically measure at a noise level of 6 to 8 dBA lower than impact tools.
 Stationary equipment, such as generators and air compressors, shall be located as far as feasible from nearby noise-sensitive uses.
 Stockpiling shall be located as far as feasible from nearby noise-sensitive receptors. 3298
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Statement of Overriding Considerations - 118 - October 2024  Construction traffic shall be limited, to the extent feasible, to approved haul routes established by the City Planning and Building Agency.  At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor’s representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City.  As noted in 13 CCR 2480 & 2485 under CARB, any law enforcement department, including air districts and CARB, can fine a 10,000 pound or greater truck owner and driver up to $1000 per day for illegal idling. Signs shall be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes.  During the entire active construction period and to the extent feasible, the use of noise-producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws.
 If construction is anticipated for prolonged periods, as required by the Community Development Director, erect temporary noise barriers (at least as high as the exhaust of equipment and breaking line-of-sight between noise sources and sensitive receptors), as necessary and feasible, to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Barriers shall be constructed with a solid material that has a density of at least 4 pounds per square foot with no gaps from the ground to the top of the barrier.

Finding:

In most cases, construction of individual developments associated with implementation of the proposed project would temporarily increase the ambient noise environment in the vicinity of each individual project, potentially affecting existing and future nearby sensitive uses. As indicated on page 5.13- 38 of Section 5.13, Noise, while Mitigation Measure N-1 could reduce potential construction noise impacts, due to the potential for proximity of construction activities to sensitive uses, the number of construction projects simultaneously occurring, and the potential duration of construction activities, impacts would be significant and unavoidable and there would be no other feasible mitigation measures to reduce impacts. The identification of this program-level impact does not preclude the finding of less-than-significant impacts for subsequent projects analyzed at the project level that would not exceed the noise thresholds with the implementation of Mitigation Measure N-1. 3299
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for the City Of Wildomar Proposed General Plan
CEQA Findings of Fact and
Statement of Overriding Considerations - 119 - October 2024 Changes or alterations have been required in, or incorporated into, the project that lessens the significant environmental effect as identified in the Draft EIR.

The City finds that there are no additional mitigation measures beyond Mitigation Measure N-1 that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would substantially lessen or mitigate this impact to a less-than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities, make infeasible the alternatives identified in the EIR (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment.

Impact 5.13-2 Project implementation would result in long-term operation-related noise that would exceed local standards. [Threshold N-2]
Stationary Noise
Proposed General Plan would result in an increase in development and growth in Wildomar. Primary stationary noise sources would be from landscaping, maintenance activities, heating, ventilation, and air conditioning (HVAC) (residential and commercial), and loading and unloading activities at commercial and industrial uses. The Proposed General Plan would not result in new types of stationary noise sources. Furthermore, the Proposed General Plan includes policies that address stationary noise source compliance including Policy N-3.1, which calls for ensuring compliance with standards and procedures for mitigating construction noise, and Policy N-3.2, which requires future developments of stationary noise sources to comply with standards for regulating noise levels. Therefore, impacts would be less than significant.