HomeMy WebLinkAboutCity Council Agenda Item No.8 ExhibitDRAFT INITIAL STUDY FOR A
MITIGATED NEGATIVE DECLARATION FOR
THE LAKE STREET MARKETPLACE
GENERAL PLAN AMENDMENT 2008 -01
CHANGE OF ZONE 2008 -02
CONDITIONAL USE PERMIT 2008 -15
COMMERCIAL DESIGN REVIEW 2008 -09
VARIANCE 2008 -o1
UNIFORM SIGN PROGRAM 2008 -02
MITIGATED NEGATIVE DECLARATION 2008 -10
Lead Agency:
Project Applicant:
Prepared By:
CITY OF LAKE ELSINORE
130 South Main Street
Lake Elsinore, CA 9
MARINITA DEVELOPMENT CO.
3835 Birch Street
Newport Beach, CA 92660
DAVID HOGAN, AICP
40595 Windsor Road
Temecula, CA 92591
December 5, 2oo8
December 2oo8
V. MANDATORY FINDINGS OF SIGNIFICANCE .......
VI. PERSONS AND ORGANIZATIONS CONSULTED
... 72
73
A. CITY OF LAKE ELSINORE ....................................................................................... ............................... 73
B. ENVIRONMENTAL CONSULTANTS ................................................................... ............................... 73
C. OTHER AGENCY REPRESENTATIVES .............................................................. ............................... 73
SITEPHOTOGRAPHS ....................................................................................... ............................... 75
APPENDIX A - CEQA PROCESS DOCUMENTS ............................................ ............................... 85
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TABLE OF CONTENTS
I . INTRODUCTION .............................................................................................. ..............................1
A .
PURPOSE ........................................................................................................................... ..............................1
B.
CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS ........ ..............................1
C.
INTENDED USES OF INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION 2
D .
CONTENTS OF INITIAL STUDY ............................................................................. ...............................
2
E.
SCOPE OF ENVIRONMENTAL ANALYSIS .......................................................... ...............................
3
F.
TIERED DOCUMENTS AND INCORPORATION BY REFERENCE ........... ...............................
4
G .
TECHNICAL STUDIES ................................................................................................. ...............................
6
A.
PROJECT LOCATION AND SETTING ................................................................... ...............................
8
B .
PROJECT DESCRIPTION ............................................................................................ .............................10
III. ENVIRONMENTAL CHECKI JST ............................................................... .............................13
A .
BACKGROUND .............................................................................................................. .............................13
B.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ......................... .............................14
C .
DETERMINATION ........................................................................................................ .............................15
IV. ENVIRONMENTAL
ANALYSIS .................................................................. .............................26
I .
AESTHETICS ................................................................................................................... .............................26
II.
AGRICULTURE RESOURCES .................................................................................. ...............................
27
III
AIR QUALITY ................................................................................................................ ...............................
28
IV .
BIOLOGICAL RESOURCES ........................................................................................ .............................34
V .
CULTURALRESOURCES ............................................................................................ .............................40
VI .
GEOLOGYANDSOILS ............................................................................................... .............................44
VII.
HAZARDS AND HAZARDOUS MATERIALS ....................................................... .............................47
VIII.
HYDROLOGY AND WATER QUALITY ................................................................ .............................49
IX .
LAND USE AND PLANNING .................................................................................. ...............................
55
X .
MINERAL RESOURCES ............................................................................................... .............................56
XI .
NOISE ................................................................................................................................. .............................56
XII.
POPULATION AND HOUSING .............................................................................. ...............................
61
XIII
PUBLIC SERVICES ....................................................................................................... ...............................
62
XIV
RECREATION ................................................................................................................. .............................64
XV.
TRANSPORTATION/ TRAFFIC ................................................................................. .............................64
XVL
UTILITIES AND SERVICE SYSTEMS .................................................................... ...............................
69
V. MANDATORY FINDINGS OF SIGNIFICANCE .......
VI. PERSONS AND ORGANIZATIONS CONSULTED
... 72
73
A. CITY OF LAKE ELSINORE ....................................................................................... ............................... 73
B. ENVIRONMENTAL CONSULTANTS ................................................................... ............................... 73
C. OTHER AGENCY REPRESENTATIVES .............................................................. ............................... 73
SITEPHOTOGRAPHS ....................................................................................... ............................... 75
APPENDIX A - CEQA PROCESS DOCUMENTS ............................................ ............................... 85
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FIGURES
FIGURE 1 - Location Map
FIGURE 2 - Site
TABLES
W
TABLE i —
Environmental Assessment Checklist
16
TABLE 2 -
Average Daily Construction Air Pollution Emissions with
Mitigation Measures ----------- - -- ---- --------------------- - - - - -- ------- - - - - -- ------------------
- - - -
TABLE 3 -
Average Daily Operational & Areawide Air Pollution Emissions with
Mitigation Measures -------------------------------------------------------------- -------------------------
- - - -29
TABLE 4 -
Carbon Dioxide Air Pollution Emissions with Mitigation Measures ------------
31
TABLE 5 -
Peak Day Mass Emissions from Construction — Comparison to
Localized Significance Thresholds _______________________________________ __ ________________ ________
__ _32
TABLE 6 -
Peak Day Mass Emissions from Operation — Comparison to
Localized Significance Thresholds ----------------------------------------------------------------
- - -_33
TABLE 7 —
Existing Intersection Levels of Service --------------------------------------------------------
- - - - 65
TABLE 8 —
2010 Intersection Levels of Service with the Project....
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December 2008
TECHNICAL APPENDICES
(Located on the CD in a pocket at the back of the Draft IS /MND)
Appendix A1— Notice of Availability and Intent to Adopt
Appendix A2 — Notice of Completion
Appendix A3 — Distribution List
Appendix B1— "Lake Street Marketplace Air Quality Analysis Report, City of Lake
Elsinore"
Appendix B2 - "Lake Street Marketplace Revised Site Plan Assessment — Air Quality"
Appendix C — "Lake Street /Mountain Street Site, Habitat Assessments for Critical
Area and Narrow Endemic Plant Species and Burrowing Owl Survey
General Biological Resources Report and Discussion of Multiple
Species Habitat Conservation Plan Issues (Revised September 4,
2008)"
Appendix D1— "Historical /Archaeological Resources Survey Report — Lake Street
Marketplace"
Appendix D2 - "Addendum Historical /Archaeological Resources Survey Report — Lake
Street Marketplace"
Appendix E — "Preliminary Geotechnical Investigation- Proposed Commercial
Development — Lake Street Marketplace, MWES Mountain Street and
Lake Street, City of Lake Elsinore, California"
Appendix F — "Project Specific Water Quality Management Plan ", and
"Phase I Environmental Site Assessment - Commercial Property,
Marinita Development Company, APNs: 389 - 030 -014, -015, -016, -017
and -018, Northwest Corner of Lake Street and Mountain Street"
Appendix G1— "Lake Street Marketplace EIR Noise Impact Analysis"
Appendix G2 - "Lake Street Marketplace EIR Noise Impact Analysis Addendum"
Appendix G3 - "Lake Street Marketplace EIR Noise Impact Analysis Addendum—
Revised Site Plan Assessment"
Appendix H1- "Lake Street Marketplace Traffic Impact Analysis"
Appendix H2 - "Lake Street Marketplace Traffic Impact Analysis Addendum"
Appendix H3 - "Lake Street Marketplace Revised Site Plan Assessment"
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December zoos
I. INTRODUCTION
A. PURPOSE
This document is an Initial Study for evaluation of environmental impacts resulting
from the implementation of 34,194 square foot multi - building commercial center on
a four acre site at the intersection of Lake and Mountain Streets. For purposes of
this document, the applications being evaluated through the environmental process
will be called the "proposed project'. A more detailed description of the project is
found in Section II.
B. CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS
As defined by Section 15o63 of the State California Environmental Quality Act
(CEQA) Guidelines, an Initial Study is prepared primarily to provide the Lead
Agency with information to use as the basis for determining whether an
Environmental Impact Report (EIR), Negative Declaration (ND), or Mitigated
Negative Declaration (MND) would be appropriate for providing the necessary
environmental documentation and clearance for any proposed project.
According to Section 15o65, an EIR is deemed appropriate for a particular proposal
if the following conditions occur:
• The proposal has the potential to substantially degrade quality of the
environment.
• The proposal has the potential to achieve short-term environmental goals to
the disadvantage of long -term environmental goals.
• The proposal has possible environmental effects that are individually limited
but cumulatively considerable.
• The proposal could cause direct or indirect adverse effects on human beings.
According to Section 15070(a), a Negative Declaration is deemed appropriate if the
proposal would not result in any significant effect on the environment.
According to Section 15070(b), a Mitigated Negative Declaration is deemed
appropriate if it is determined that though a proposal could result in a significant
effect, mitigation measures are available to reduce these significant effects to less
than significant levels.
This Initial Study (IS) has determined that the proposed project will result in
potentially significant environmental impacts; however, mitigation measures are
proposed that will reduce any potentially significant impact to less than significance
levels. As such, a MND is deemed as the appropriate document to provide
necessary environmental evaluations and clearance.
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This Initial Study and Mitigation Negative Declaration (IS /MND) has been
prepared in conformance with the California Environmental Quality Act of 1970, as
amended (Public Resources Code, Section 21000 et. seq.); Section 15070 of the
State Guidelines for Implementation of the California Environmental Quality Act of
1970, as amended (California Code of Regulations, Title 14, Chapter 3, Section
1500o, et. seq.); applicable requirements of the City of Lake Elsinore; and the
regulations, requirements, and procedures of any other responsible public agency or
an agency with jurisdiction by law. The City of Lake Elsinore City Council is
designated the Lead Agency, in accordance with Section 15050 of the CEQA
Guidelines. The Lead Agency is the public agency which has the principal
responsibility for carrying out or approving a project which may have significant
effects upon the environment.
C. INTENDED USES OF INITIAL STUDY AND MITIGATED NEGATIVE
DECLARATION
This IS /MND is an informational document which is intended to inform City of
Lake Elsinore decisionmakers, other responsible or interested agencies, and the
general public of potential environmental effects of the proposed applications. The
environmental review process has been established to enable public agencies to
evaluate environmental consequences and to examine and implement methods of
eliminating or reducing any potentially adverse impacts. While CEQA requires that
consideration be given to avoiding environmental damage, the Lead Agency and
other responsible public agencies must balance adverse environmental effects
against other public objectives, including economic and social goals.
The Notice of Availability and Intent to Adopt prepared for the MND will be
circulated for a period of 3o days for public and agency review. Comments received
on the document will be considered by the Lead Agency before it acts on the
proposed applications.
D. CONTENTS OF INITIAL STUDY
This IS /MND is organized to facilitate a basic understanding of the existing setting
and environmental implications of the proposed applications.
I. INTRODUCTION - presents an introduction to the entire report. This section
identifies City of Lake Elsinore contact persons involved in the process, scope
of environmental review, environmental procedures, and incorporation by
reference documents.
II. PROJECT DESCRIPTION - describes the proposed project, a description of
discretionary approvals and permits required for project implementation is
also included,
III. ENVIRONMENTAL CHECKLIST FORM - contains the City's Environmental
Checklist Form. The checklist form presents results of the environmental
evaluation for the proposed project and those issue areas that would have
either a significant impact, potentially significant impact, or no impact.
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December 2008
IV. ENVIRONMENTAL ANALYSIS - evaluates each response provided in the
environmental checklist form. Each response checked in the checklist form is
discussed and supported with sufficient data and analysis. As appropriate,
each response discussion describes and identifies specific impacts anticipated
with project implementation. In this section, mitigation measures are also
recommended, as appropriate, to reduce adverse impacts to levels of less than
significance.
V. MANDATORY FINDINGS - presents Mandatory Findings of Significance in
accordance with Section 15o65 of the CEQA Guidelines.
VI. PERSONS AND ORGANIZATIONS CONSULTED - identifies those persons
consulted and involved in preparation of this IS /MND.
E. SCOPE OF ENVIRONMENTAL ANALYSIS
This environmental document evaluates impacts resulting from the proposed
project described in Section II. For evaluation of environmental impacts, each
question from the Environmental Checklist Form is stated and responses are
provided according to the analysis undertaken as part of the Initial Study. All
responses will take into account the whole action involved, including offsite as well
as onsite, cumulative as well as project - level, indirect as well as direct, and
construction as well as operational impacts. Project impacts and effects will be
evaluated and quantified, when appropriate. To each question, there are four
possible responses, including:
• No Impact: A "No. Impact" response is adequately supported if the
referenced information sources show that the impact simply does not apply to
the proposed Specific Plan and applications.
• Less Than Significant Impact: Development associated with project
implementation will have the potential to impact the environment. These
impacts, however, will be less than the levels of thresholds that are considered
significant and no additional analysis is required.
• Less Than Significant With Mitigation Incorporated: This applies
where incorporation of mitigation measures has reduced an effect from
"Potentially Significant Impact" to a "Less Than Significant Impact' The Lead
Agency must describe the mitigation measures and explain how the measures
reduce the effect to a less than significant level.
• Potentially Significant Impact: Future implementation will have impacts
that are considered significant and additional analysis and possibly an EIR are
required to identify mitigation measures that could reduce these impacts to
less than significant levels.
Regarding mitigation measures, it is not the intent of this document to "overlap" or
restate conditions of approval or standard project design features that are
established for the proposed project. Additionally, those other standard
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December 2008
requirements and regulations that any development must comply with, that are
outside the City's jurisdiction, are also not considered mitigation measures and
therefore, may or may not be identified in this document.
F. TIERED DOCUMENTS AND INCORPORATION BY REFERENCE
Information, findings, and conclusions contained in this document are based on
incorporation by reference of tiered documentation, and technical studies that have
been prepared for the proposed project, which are discussed in the following
section.
1. Tiered Documents
As permitted in Section 15152(a) of the CEQA Guidelines, information and
discussions from other documents can be included into this document.
"Tiering refers to using the analysis of general matters contained in a broader EIR
(such as the one prepared for a general plan or policy statement) with later EIRs
and negative declarations on narrower projects; incorporating by reference the
general discussions from the broader EIR; and concentrating the later EIR or
negative declaration solely on the issues specific to the later project."
For this document, the "Lake Elsinore General Plan Final EIR" (prepared in 1990)
serves as the broader document, since it analyzes the entire City area, which
includes the proposed project site. However, as discussed, site - specific impacts
which the broader document (Lake Elsinore General Plan Final EIR) can not
adequately address, may occur for certain issue areas. This IS /MND evaluates each
of those specific environmental issue area sand will rely upon analysis contained
within the Lake Elsinore General Plan Final EIR with respect to remaining issue
areas.
Tiering also allows this document to comply with Section 15152(b) of the CEQA
Guidelines, which discourages redundant analyses, as follows:
"Agencies are encouraged to tier the environmental analyses which they prepare for
separate but related projects including the general plans, zoning changes, and
development projects. This approach can eliminate repetitive discussion of the
same issues and focus the later FIR or negative declaration on the actual issues ripe
for decision at each level of environmental review. Tiering is appropriate when the
sequence of analysis is from an EIR prepared for a general plan, policy or program
to an EIR or negative declaration for another plan, policy, or program of lesser
scope, or to a site - specific EIR or negative declaration."
Further, Section 15152(d) of the CEQA Guidelines states:
"Where an EIR has been prepared and certified for a program, plan, policy, or
ordinance consistent with the requirements of this section, any lead agency for a
later project pursuant to or consistent with the program, plan, policy, or ordinance
should limit the EIR or negative declaration on the later project to effects which:
Lake Street Marketplace 4
2008
(1) Were not examined as significant effects on the environment in the prior EIR;
or
(2) Are susceptible to substantial reduction or avoidance by the choice of specific
revisions in the project, by the imposition of conditions, or other means."
2. Incorporation By Reference
Incorporation by reference is a procedure for reducing the size of EIRs and is most
appropriate for including long, descriptive, or technical materials that provide
general background information, but do not contribute directly to the specific
analysis of the project itself. This procedure is particularly useful when an EIR or
Negative Declaration relies on a broadly- drafted EIR for its evaluation of
cumulative impacts of related projects (Las Virgenes Homeowners Federation u.
County of Los Angeles [1986, 177 Ca.3d 300]). If an EIR or Negative Declaration
relies on information from a supporting study that is available to the public, the EIR
or Negative Declaration cannot be deemed unsupported by evidence or analysis
(San Francisco Ecology Center u. City and County of San Francisco 1 1 975, 48
Ca.3d 5 595])•
This document incorporates by reference the document from which it is tiered, the
Lake Elsinore General Plan Final Environmental Impact Report, prepared in 1990.
This document will be referred to as the "General Plan EIR ".
When an EIR or Negative Declaration incorporates a document by reference, the
incorporation must comply with Section 15150 of the CEQA Guidelines as follows:
The incorporated document must be available to the public or be a matter of
public record (CEQA Guidelines Section 15150[a]). The General Plan EIR shall
be made available, along with this document, at the City of Lake Elsinore,
Community Development Department, 130 South Main Street, Lake Elsinore
CA 92530.
This document must be available for inspection by the public at an office of the
lead agency (CEQA Guidelines Section 1515o[b]). This document is available
at the City of Lake Elsinore, Community Development Department, 130 South
Main Street, Lake Elsinore CA 92530•
This document must summarize the portion of the document being
incorporated by reference or briefly describe information that cannot be
summarized. Furthermore, this document must describe the relationship
between the incorporated information and the analysis in the General Plan
EIR (CEQA Guidelines Section 15150[c]). As discussed above, the General
Plan EIR addresses the entire City of Lake Elsinore and provides background
and inventory information and data which apply to the project site.
Incorporated information and /or data will be cited in the appropriate sections.
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December 2oo8
• This document must include the State identification number of the
incorporated document (CEQA Guidelines Section 1515o[d]). The State
Clearinghouse Number for the General Plan EIR is 91122o65.
• The material to be incorporated in this document will include general
background information (CEQA Guidelines Section 15150[f]).
G. TECHNICAL STUDIES
The following technical studies were prepared for the proposed project and are
available on the CD located in a pocket at the back of this IS /MND document.
• "Lake Street Marketplace Air Quality Analysis Report, City of Lake Elsinore ",
prepared by Urban Crossroads, revised June 18, 20o8.
• "Lake Street Marketplace Revised Site Plan Assessment', prepared by Urban
Crossroads, dated November 3, 2oo8.
• "Lake Street /Mountain Street Site, Habitat Assessments for Critical Area and
Narrow Endemic Plant Species and Burrowing Owl Survey General Biological
Resources Report and Discussion of Multiple Species Habitat Conservation
Plan Issues ", prepared by Pacific Southwest Biological Services, revised on
September 4, 20o8.
• "Historical /Archaeological Resources Survey Report — Lake Street
Marketplace, City of Lake Elsinore ", prepared by CRM Tech, dated July 1,
2oo8.
• "Preliminary Geotechnical Investigation- Proposed Commercial Development
— Lake Street Marketplace, MWES Mountain Street and Lake Street, City of
Lake Elsinore, California ", prepared by Leighton Consulting, Inc, dated
December 6, 2007.
• "Project Specific Water Quality Management Plan for the Lake Street
Marketplace ", prepared by KWC Engineers, dated June 18, 2oo8.
• "Phase I Environmental Site Assessment - Commercial Property, Marinita
Development Company, APNs: 389 - 030 -014, -015, -o16, -017, and -o18,
Northwest Corner of Lake Street and Mountain Street', prepared by EEI
Geotechnical & Environmental Services, Inc, dated August 22, 2007.
• "Lake Street Marketplace EIR Noise Impact Analysis ", prepared by Urban
Crossroads, dated March 27, 20o8.
• "Lake Street Marketplace EIR Noise Impact Analysis Addendum ", prepared by
Urban Crossroads, dated June 17, 20o8.
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December 2008
• "Lake Street Marketplace EIR Noise Analysis — Revised Site Plan Assessment',
prepared by Urban Crossroads, dated November 5, 2oo8.
• "Lake Street Marketplace Traffic Impact Analysis ", prepared by Urban
Crossroads, dated March 17, 2oo8.
• "Lake Street Marketplace Traffic Impact Analysis Addendum ", prepared by
Urban Crossroads, dated June 17, 20o8.
• "Lake Street Marketplace Revised Site Plan Assessment', prepared by Urban
Crossroads, dated November 4, 20o8.
Lake Street Marketplace 7
-
II. PROJECT DESCRIPTION
A. PROJECT LOCATION AND SETTING
The proposed project consists of the construction and operation of a 34,194 square
feet of multi- tenant commercial retail shopping center on a 4.3 acre site. The City
development approval applications include a general plan amendment, change of
zone, conditional use permit, commercial design review, variance, and uniform sign
program. The project also includes a future application for either a merger of
contiguous parcels or tentative parcel map. To lower the site closer to the elevation
of Lake and Mountain Streets, off -site grading activities will occur on approximately
two acres surrounding the development site. The project also involves the export
(off -site transport) of approximately 93,000 cubic yards.
The project is located at the northwest corner of Lake and Mountain Streets in the
City of Lake Elsinore. The location of the project is shown on the Location Map
contained in Figure 1. The Assessors Parcel Numbers for the project site are 389-
030 -014, 389 - 030 -015, 389- 03o -o16, 389 - 030 -017, and 389 - 030 -o18. In addition,
off -site grading will occur on four other parcels identified with the Assessors Parcel
Numbers of 389 - 030 -013, 389 - 030 -020, 389 - 030 -021 and 389 - 030 -022. One of
the off -site graded parcels is north of the site and three of these off -site grading
parcels are located west of the site adjacent to the unpaved Ravelta Lane. The
latitude and longitude location for the project site is 33° 41' 57" N, 117 23' 27" W
The surrounding project is located in a predominantly residential area in the
northern portion of the City. The site is mostly vacant, except for two residential
structures on the northern most parcel of the project site. One of the residences is a
mobile home, the other a small conventional structure. The areas immediately east
and south of the site are primarily residential, while areas north and west of the site
are mostly vacant. The site is generally level, elevations range from 1,475 feet above
mean sea level to 1,517 feet above mean sea level.
The export/fill site for the projected 92,810 cubic yards of soil export is located
north of the site within a portion of Tract Map 28214 (Planning Area 1 of the
Murdock Alberhill Ranch Specific Plan). The Assessors Parcel Number for the fill
site is 389 - 020 -048. This fill site consists of a previously graded pad that was
previously planned and approved for residential development. The impacts of
developing this site have already been addressed through a previously certified
environmental impact report and subsequent addendum EIR. The elevation of the
fill site is approximately 1,420 feet above mean sea level. The latitude and longitude
location for fill site is 330 42' 29" N, 117° 23' 8" W. Unless specifically indicated, the
transport of the export material and its placement at the fill site is included in the
various analyses contained in the Initial Study document.
The subject site is located within the City of Lake Elsinore General Plan area and
will be subject to the criteria contained within the City of Lake Elsinore General
Plan EIR (199o) which contains current and reliable data for an adequate analysis
of the proposed project. Also, studies have been conducted for biological resources,
cultural resources, traffic, air quality, noise, water quality, drainage, and geology.
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December 2008
Figure i - Location Map
Lake Street Marketplace
Figure Source: Revised Biologic Resources Assessment.
December 2008
The City of Lake Elsinore is in the process of updating the 1990 General Plan. This
comprehensive update of the General Plan is expected to be completed within the
next twelve months.
Water, sewer, electric, gas, and telephone services would be extended onto the site
from existing main lines. Water and sewer would be provided by the Elsinore Valley
Municipal Water District (EVMWD). Gas will be provided by The Gas Company;
electricity would be provided by Southern California Edison; and telephone service
would be provided by Verizon. The site is located within the boundaries of the Lake
Elsinore Unified School District. Municipal or local government services are
provided by the City of Lake Elsinore. Fire and security services are provided by the
City of Lake Elsinore through contacts with the Riverside County Fire Department
and the Riverside County Sheriffs Department.
Photographs of the project site, the off -site grading areas, and export/fill site are
provided at the back of this document.
B. PROJECT DESCRIPTION
The project consists of a general plan amendment, change of zone, conditional use
permit, commercial design review and uniform sign program. The site plan
described in this Initial Study is conceptual and may vary slightly when the design
of the site plan is finalized. Any variations between the conceptual design and the
final design will be evaluated by the Lead Agency to determine if the project is
consistent with the conceptual project or if additional environmental review is
required. The project also includes an anticipated land subdivision or parcel merger
to prepare the project site for development. The project components are described
below.
General Plan Amendment
The project site is designated as Single Family Residential on the City's General
Plan Land Use Map. The proposed project is inconsistent with these designations.
However, the public hearing draft of the Updated General Plan designates the site
as General Commercial. Because of the time required for the City to complete their
deliberations on the new general plan, the project proponent has submitted
applications for a general plan amendment and change of zone to designate the site
General Commercial on General Plan Land Use Map. The project is consistent with
the proposed General Plan land use designation should on the most recent version
of the proposed Land Use Plan.
Change of Zone
The project site is also designated as Single Family Residential (R -1) on the City
Zoning Map. The proposed project is inconsistent with this zoning designation.
The project proponent has also submitted an application for a change of zone to
make the zoning consistent with the proposed General Plan Land Use Designation.
The project will change the zoning on the site to Neighborhood Commercial (C -1) on
the City Zoning Map. The project is consistent with this zoning designation.
Lake Street Marketplace 10
December 2oo8
Commercial Design Review
The proposed project consists of four commercial buildings totaling approximately
34, square feet. The sizes of the proposed buildings range from 13,969 square
feet for the main Major Tenant to 4,800 square feet for smallest of the three multi-
tenant shop buildings. Multi- Tenant Shops building No. 1 includes a drive through
facility. The conceptual site plan layout, which includes building square footages for
the proposed project, is provided in Figure 2.
Conditional Use Permit
The project contains several outdoor
buildings. According to the Municipal
approval of a conditional use permit.
seating areas adjacent to several of the
Code, outdoor seating areas require the
Variance
The City Zoning Ordinance limits the heights of walls in commercial districts to
eight feet. To accommodate the development of the site, retaining walls along the
west and north sides of the project will exceed the maximum allowable wall height.
Consequently, the approval of the project will require the approval of a variance for
combined retaining and screening walls of up to twenty feet in height. The highest
walls are expected to be along the northwestern edges of the site. The majority of
the highest walls will be located behind Multi- Tenant Shops building no. 2.
Uniform Sign Program
The proposed sign program would establish project- specific sign standards for the
project. The sign program includes one corner center identification sign, three free-
standing monument signs along Lake and Mountain Streets, approximately 24
building mounted signs, and an undetermined number of on -site directional and
information signs. The standards in the sign program customize the typical City
signage standards to better fit the location and character of the proposed shopping
center.
Future Project Com oonnent
The current site consists of five legal lots. At some point in the future, the property
owner /applicant may choose to either submit a typically non- discretionary
application to merge the existing parcels into a single combined parcel or submit a
discretionary application for the tentative parcel map. The development of the
proposed project will require approval of one of these applications since the
buildings as proposed cross the existing property lines and the Uniform Building
Code does not allow structures to cross property lines without extensive
modifications for fire safety. Consequently, one of these future potential project
components are incorporated into the overall project and (though no application
has yet been submitted) are assumed to occur as part of the ultimate project
evaluated in this Initial Study.
Lake Street Marketplace 11
December 2008
`("IHIlN =_Cl
,L IIW'd3 319NIG) IN
Lake Street Marketplace 12
Figure 2 - Conceptual Site Plan
December 2oo8
III. ENVIRONMENTAL CHECKLIST
A. BACKGROUND
i. Project Title:
Lake Street Marketplace
2. Lead Agency Name and Address:
City of Lake Elsinore; 130 South Main Street; Lake Elsinore, CA 92530
3. Contact Person and Phone Number:
Tom Weiner, Acting Director of Community Development
(95 674 ext 270
4. Project Location:
Northwest corner of Lake and Mountain Streets, within the City of Lake
Elsinore; Assessors Parcel Number of 389 - 030 -014, 389 - 030 -015, 389-03o -o16,
389-030 -017, and 389- 03o -or8. Limited off -site grading activities will occur
immediately north and west of the project site.
5. Project Sponsor's Name and Address:
David Garrison, Marinita Development Company, 3835 Birch Street, Newport
Beach, CA 92660
6. General Plan Designation:
Current: Low Density Residential
Proposed with General Plan Amendment: General Commercial
7. Zoning:
Current: Single Family Residential (R -1)
Proposed with Change of Zone: Neighborhood Commercial (C -1)
8. Description of Project:
The applicant is proposing to construct approximately 34,194 square feet of
commercial and retail buildings on a 4.33 acre site. The project includes street
improvements along the Lake Street and Mountain Street frontages and the
export of approximately 93,000 cubic yards of soil to a site located within one
mile of project.
Lake Street Marketplace 13
December 2oo8
9. Surrounding Land Uses and Setting:
The project site is mostly vacant except for two residences (one mobile home and
one traditional single family residence) on the northern most parcel of the site.
The surrounding area consists of single family residences and vacant land.
io. Other Public Agencies Whose Approval is Required:
None.
B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this
project, involving at least one impact that is a "Potentially Significant Impact," as
indicated by the checklist on the following pages.
❑ Aesthetics
❑ Biological Resources
❑ Hazards /Hazardous
Materials
❑ Mineral Resources
❑ Agricultural Resources ❑ Air Quality
❑ Cultural Resources
❑ Hydrology /Water
Quality
❑ Noise
❑ Geology and Soils
❑ Land Use /Planning
❑ Population /Housing
F
Public Services
❑
Recreation ❑ Transportation/
Traffic
❑
Utilities /Service Systems
❑
Mandatory Findings of Significance
Lake Street Marketplace 14
December 2oo8
C. DETERMINATION
On the basis of this initial evaluation:
❑ I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
® I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because of the
incorporated mitigation measures and revisions in the project have been made
by or agreed to by the project proponent. A MITIGATED NEGATIVE
DECLARATION will be prepared.
❑ I find that the proposed project MAY have a significant effect on the
environment, and an ENVIRONMENTAL IMPACT REPORT is required.
❑ I find that the proposed project MAY have a "potentially significant impact' or
"potentially significant unless mitigated" impact on the environment, but at least
one effect (1) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and (2) has been addressed by mitigation measures
based on the earlier analysis as described on attached sheets. An
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed.
❑ I find that although the proposed project could have a significant effect on the
environment, because all potentially significant effects (a) have been analyzed
adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to
applicable standards, and (b) have been avoided or mitigated pursuant to that
earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation
measures that are imposed upon the proposed project, nothing further is
required.
December 5,_2008_ _
Torn Weiner Date
Aeting Director of Community Development
Lake Street Marketplace 15
December zoo8
Table i - Environmental Assessment Checklist
Less Than
Significant
Potentially
with the
I.essThan
Significant
Incorporated
Significnt a
No
Issues
Impact '..
Mitigation
Impact
Impact
L AESTHETICS. Would the proposal:
a) Have a substantial adverse effect on a scenic
vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcrops, and historic buildings within a
state scenic highway?
T) Substantially degrade the existing visual
character or quality of the site and its
surroundings?
T) Create a new source of substantial light or
glare, which would adversely affect day or
nighttime views in the area?
M. AGRICULTURE RESOURCES'. In determining whether :impacts to
agricultural resources are significant environmental effects, lead -
agencies may refer to the California Agricultural Land Evaluation and
Site Assessment Model (1997) prepared by the California Dept. of
Conservation as an optional model to use in assessing impacts on
agriculture and farmland. Would the project:
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
c) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non - agricultural use?
II. AIR QUALITY. Where available, the significance criteria established by
the applicable air quality management or air pollution control district
may be relied upon to make the following determinations. Would the
project:
a) Conflict with or obstruct implementation
of the applicable air quality plan?
Lake Street Marketplace 16
December 2008
Table i — Environmental Assessment Checklist
Less Than
Significant
Potentially
with the
Less Than
Significant
Incorporated
Significant
No
Issues
` Impact
Mitigation
Impact
Impact'
b) Violate any air quality standard or
contribute substantially to an existing or
projected air quality violation?
c) Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non - attainment under
an applicable federal or state ambient air
quality standard (including releasing
emissions, which exceed quantitative
thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial
pollutant concentrations?
e) Create objectionable odors affecting a
substantial number of people?
IV. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or
regional plans, policies, or regulations, or by
the California Department of Fish and Game
or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations, or by the
California Department of Fish and Game or
U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on
federally protected wetlands as defined by
Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
Lake Street Marketplace 17
December 2008
Table i — Environmental Assessment Checklist
Less Than
Significant
Potentially
with the
Less Than
Significant
Incorporated
Significant
No
Issues
Impact
Mitigation
Impact
Impact
e) Conflict with any local policies or
ordinances protecting biological resources,
✓
such as a tree preservation policy or
ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
✓
approved local, regional or state habitat
conservation plan?
V. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as
✓
defined in § 1 5o64.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
✓
pursuant to § 1 5 06 4.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique
✓
geologic feature?
d) Disturb any human remains, including
those interred outside of formal
✓
cemeteries?
VI. GEOLOGY AND SOILS.' Would the project:
a) Expose people or structures to potential
substantial adverse effects, including the
risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault,
as delineated on the most recent
Alquist - Priolo Earthquake Fault Zoning
✓
map, issued by the State Geologist for
the area or based on other substantial
evidence of a known fault?
ii) Strong seismic ground shaking?
✓
iii) Seismic - related ground failure,
✓
including liquefaction?
iv) Landslides?
✓
b) Result in substantial soil erosion or the loss
✓
of topsoil?
Lake Street Marketplace 18
December 2008
Table i - Environmental Assessment Checklist
Less Than
Significant
Potentially
with the
Less Than
Significant
Incorporated
Significant
: No
- :Issues
Impact
Mitigation
Impact
Impact:
C) Be located on a geologic unit or soil that is
unstable, or that would become unstable as
a result of the project, and potentially result
in on- or off -site landslide, lateral
spreading, subsidence, liquefaction or
collapse?
d) Be located on expansive soil, as defined in
Table 18 -1 -B of the Uniform Building Code
(1994), creating substantial risks to life or
property?
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative wastewater disposal systems
where sewers are not available for the
disposal of wastewater?
I. HAZARD AND HAZARD MATERIALS. Would the project:
a) Create a significant hazard to the public or
the environment through the routine
transport, use or disposal of hazardous
materials?
b) Create a significant hazard to the public or
the environment through reasonable
foreseeable upset and accident conditions
involving the release of hazardous materials
into the environment?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one - quarter
mile of an existing or proposed school?
d) Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
e) For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles or a public
airport or public use airport, would the
project result in a safety hazard for people
residing or working in the project area?
Lake Street Marketplace 19
December 2oo8
Table it - Environmental Assessment Checklist
-
Less Than
Significant
Potentially
with the
Less Than
Significant
Incorporated
Significant
No
Issues
Impact
Mitigation
'Impact
Impact.
f) For a project within the vicinity of a private
airstrip, would the project result in a safety
hazard for people residing or working in the
project area?
g) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
h) Expose people or structures to a significant
risk of loss, injury or death involving
wildland fires, including where wildlands
are adjacent to urbanized areas or where
residences are intermixed with wildlands?
II. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste
discharge requirements?
b) Substantially deplete groundwater supplies
or interfere substantially with groundwater
recharge, such that there would be a net
deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the
production rate of pre - existing nearby wells
would drop to a level which would not
support existing land uses or planned uses
for which permits have been granted)?
c) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river, in a manner which would
result in substantial erosion or siltation on-
or off -site?
d) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river, or substantially increase the
rate or amount of surface runoff in a
manner, which would result in flooding on-
or off -site?
e) 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?
Lake Street Marketplace 20
Table i — Environmental Assessment Checklist
Less Than
Significant
Potentially
with the
Less Than
Significant
Incorporated
Significant
No
Issues
Impact
Mitigation
Impact
Impact
f) Otherwise substantially degrade water
✓
quality?
g) Place housing within a ioo -year flood
hazard area as mapped on a federal Flood
hazard Boundary of Flood Insurance Rate
Map or other flood hazard delineation map?
h) Place within loo -year flood hazard area
structures, which would impede or redirect
✓
flood flows?
i) Expose people or structures to a significant
risk of loss, injury or death involving
flooding, including flooding as a result of
the failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
✓
IX. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community?
✓
b) Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including, but
not limited to the general plan, specific
plan, local coastal program, or zoning
ordinance) adopted for the purpose of
avoiding or mitigating an environmental
effect?
c) Conflict with any applicable habitat
conservation plan or natural community
conservation plan?
X. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known
mineral resource that would be a value to
the region and the residents of the state?
b) Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific
plan or other land use plan?
Lake Street Marketplace 21
December 2008
Table i — Environmental Assessment Checklist
Less Than
Significant
Potentially
with the
Less Than
Significant
Incorporated
Significant
No
Issues
: Impact
Mitigation
Impact
.Impact
NOISE. Would the project result in:
a) The exposure of persons to, or the
generation of, noise levels in excess of
standards established in the local general
✓
plan or noise ordinance, or applicable
standards of other agencies?
b) The exposure of persons to or generation of
excessive groundborne vibration or
✓
groundborne noise levels?
c) A substantial permanent increase in
ambient noise levels in the project vicinity
✓
above levels existing without the project?
d) A substantial temporary or periodic
increase in ambient noise levels in the
project vicinity above levels existing without
the project?
T) For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport
✓
or public use airport, would the project
expose people residing or working in the
project area to excessive noise levels?
f) For a project within the vicinity of a private
airstrip, would the project expose people
✓
residing or working in the project area to
excessive noise levels?
XII. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in an
area, either directly (for example, by
proposing new homes and businesses) or
✓
indirectly (for example, through extension
of roads or other infrastructure)?
b) Displace substantial numbers of existing
housing, necessitating the construction of
✓
replacement housing elsewhere?
T) Displace substantial numbers of people,
necessitating the construction of
✓
replacement housing elsewhere?
Lake Street Marketplace 22
December 20o8
Table 1— Environmental Assessment Checklist
Less Than
significant
Potentially
with the
Lela Than
Significant
Incorporated
Signuficant
No
Issues
Impact
Mitigation
Impact
Impact
II. PUBLIC SERVICES. Would the project result in substantial adverse
physical impacts associated with the provision of new or, physically ;
altered governmental facilities, need for new or physically altered
governmental facilities, the construction of which could cause
significant environmental impacts, in order to maintain acceptable
service ratios, response times or other performance objectives for any of
the public services:
a) Fire protection?
b) Police protection?
c) Schools?
d) Parks?
e) Other public facilities?
XIV. RECREATION. Would the projects
a) Increase the use of existing neighborhood
and regional parks or other recreational
facilities, such that substantial physical
✓
deterioration of the facility would occur or
be accelerated?
b) Include recreational facilities or require the
construction or expansion of recreational
✓
facilities, which might have an adverse
physical effect on the environment?
TRANSPORTATION /TRAFFIC. Would the project:
a) Cause an increase in traffic, which is
substantial in relation to the existing traffic
load and capacity of the street system (i.e.,
result in a substantial increase in either the
✓
number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively,
a level of service standard established by the
county congestion management agency for
designated roads or highways?
c) Result in a change in air traffic patterns,
including either an increase in traffic levels
✓
or a change in location that results in
substantial safety risks?
Lake Street Marketplace 23
December 2008
Table i - Environmental Assessment Checklist
Less Than
Significant
Potentially
with the
Less Than
,Significant
Incorporated
Significant
No
Issues :
Impact
Mitigation
Impact
Impact
d) Substantially increase hazards due to a
design feature (e.g. sharp curves or
✓
dangerous intersections) or incompatible
uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
✓
f) Result in inadequate parking capacity?
✓
g) Conflict with adopted policies, plans, or
programs supporting alternative
✓
transportation (e.g., bus turnouts, bicycle
racks)?
XVI. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Exceed wastewater treatment requirements
of the applicable Regional Water Quality
✓
Control Board?
b) Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the
✓
construction of which could cause
significant environmental effects?
c) Require or result in the construction of new
storm water drainage facilities or expansion
of existing facilities, the construction of
✓
which could cause significant environ-
mental effects?
d) Have sufficient water supplies available to
serve the project from existing entitlements
✓
and resources or are new or expanded
entitlements needed?
e) Result in a determination by the wastewater
treatment provider, which serves or may
serve the project that it has adequate
capacity to serve the project's projected
demand in addition to the provider's
existing commitments?
f) Be served by a landfill with sufficient
permitted capacity to accommodate the
✓
project's solid waste disposal needs?
g) Comply with federal, state, and local
statutes and regulations related to solid
✓
waste?
Lake Street Marketplace 24
December 2008
Table i — Environmental Assessment Checklist
Less Than
Significant
Potentially
with the
Less Than
Significant
Incorporated
Significant
No
::Issues .
Impact
Mitigation
Impact
Impact..
MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self- sustaining
levels, threaten to eliminate a plant or
✓
animal community, reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major periods of California
history or prehistory?
b) Does the project have impacts that are
traited,
individually but cumulatively
considerable? ( "Cumulatively considerable'
means that the incremental effects of a
✓
project are considerable when viewed in
connection with the effects of past projects,
the effects of other current projects, and the
effects of probable future projects.)
c) Does the project have environmental
effects, which will cause substantial adverse
effects on human beings, either directly or
indirectly?
Lake Street Marketplace 25
December 2008
This section provides an evaluation of the impact categories and questions contained in
the Environmental Assessment Checklist.
L AESTHETICS
a) Have a substantial adverse effect on a scenic vista? Less Than
Significant Impact
The proposed project is located in the northern portion of the City and is not located
in an area which is easily visible or distinguishable and is really visible from only the
immediate surrounding area. Any project -level visual impacts will be addressed
through the City's design review process which will ensure compliance with City
zoning and design standards regulating building design, mass, bulk, height, colors,
etc. As a result, any scenic impacts are considered less than significant and no
additional mitigation measures are required.
b) Substantially damage scenic resources, including, but not limited to,
trees, rock outcroppings, and historic buildings within a State Scenic
Highway? No Imp
Lake and Mountain Streets have not been designated as scenic highways. The
project site does not contain and will not substantially damage scenic resources,
including, but not limited to, trees, rock outcroppings, and historic buildings.
Because the proposed project will not substantially damage any scenic resources, no
significant impacts are anticipated and no mitigation measures are required.
c) Substantially degrade the existing visual character or quality of the site
and its surroundings? Less Than Significant Impact
The project consists of a neighborhood commercial center situated along an arterial
roadway. The existing visual character of the area is a combination of single family
residential structures and vacant residential land. The current site is occupied by a
ornamental landscaping, a small conventional structure, a mobile home, and several
other structures. The development of the shopping center will alter the visual
appearance of the area. The development of a commercial site will require the
approval of a commercial design review, as well as a uniform sign program, by the
City of Lake Elsinore. The City's design review process is intended to ensure that
future development will be designed to ensure design compatibility and land use
compatibility with the surrounding area. Given the less than pristine character of
the site and City's commercial design review standards the project is not expected to
degrade the existing visual character of the area. As a result, no significant impacts
are anticipated and no additional mitigation measures are required.
d) Create a new source of substantial light or glare, which would adversely
affect day or nighttime views in the area? Less Than Significant Impact
Light and glare from new street lights, vehicles, and the future land uses will be
Lake Street Marketplace 26
December 2008
generated and will contribute to the amount of light and glare experienced in the
project vicinity. The site is located within a partially urbanized area which already
experiences some levels of light and /or glare from the existing development. The
development of the project site will require the approval of a commercial design
review by the City of Lake Elsinore. The City's design review process is intended to
ensure that future development will be designed to ensure design compatibility and
to alleviate light and /or glare disturbances outside of the project boundary. As a
result, no impacts are anticipated and no additional mitigation is required.
MITIGATION MEASURES
None.
II. AGRICULTURE RESOURCES
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the maps prepared pursuant to
the Farmland Mapping and Monitoring Program of the California
Resources Agency, to non - agricultural use? Less than Significant
Impact
The project site has not been used for agricultural purposes within the last fifty
years. Prior to that, the property was periodically used for dry land farming. The
site is not classified as Prime Farmland, Unique Farmland or Farmland of Statewide
Importance by the Farmland Mapping and Monitoring Program of the California
Resources Agency. However, the site has been identified as farmland of local
importance. According to earlier aerial photographs, the site was covered with what
appears to be an orchard in the 196o's and 1970's. Most of these trees have already
been removed. The site is located within an urbanized area and is identified for
urban development, not agricultural use, on the existing and updated City General
Plan. As a result, no impacts are anticipated and no mitigation measures are
required.
b) Conflict with existing zoning for agricultural use, or a Williamson Act
contract? No Impact
The project will not conflict with the existing zoning or an existing agricultural use,
or a Williamson Act contract. Because there are no existing agricultural zoning or
agricultural land use on the property and no agricultural uses envisioned in the
future, no impacts are anticipated and no mitigation measures are required.
c) Involve other changes in the existing environment which, due to their
location or nature, could result in conversion of Farmland, to non-
agricultural use? No Impact
The project will not involve other changes in the existing environment which, due to
their location or nature, could result in conversion of farmland to non - agricultural
uses. The project site and most of surrounding parcels have historically been
converted to urban land uses and are not being utilized for agricultural cultivation.
Lake Street Marketplace 27
December 2oo8
As a result, no impacts are anticipated and no mitigation measures are required.
MITIGATION MEASURES
None required.
III. AIR QUALITY
The following technical study was prepared to address issues related to air quality,
and is available on the CD located in the back pocket of this IS /MND:
• "Lake Street Marketplace Air Quality Analysis Report, City of Lake Elsinore"
• "Lake Street Marketplace Revised Site Plan Assessment — Air Quality"
a) Conflict with or obstruct implementation of the applicable air quality
plan? Less Than Significant Impact
The proposed commercial project is located within the City of Lake Elsinore and
within the South Coast Air Basin (SoCAB), which is under the jurisdiction of the
South Coast Air Quality Management District (AQMD). According to the air quality
study, the proposed project will not obstruct or conflict with the implementation of
the current air quality management plan, and will not result in a considerable
increase in criteria pollutants. Consequently, the proposed project will not conflict
with or obstruct the implementation of the applicable regional air quality plan. As a
result, no significant impacts are anticipated and no additional mitigation measures
are required.
b) Violate any air quality standard or contribute substantially to an
existing or projected air quality violation? Less Than Significant Impact
Air quality is a significant issue throughout most of Southern California. To assist
in the analysis of air quality impacts, the California Air Resources Board (CARB)
developed the URBEMIS2007 computer model. The URBEMIS 2007 model was
used to estimate daily emissions during grading, finish construction, and operation
of the project. The current development schedule calls for building construction
and site improvement to begin in 2009 and be concluded in 2010. The proposed
soil export and hauling activities are included in the underlying air quality analysis
used for this project. According to the air quality analysis, the initial project and the
subsequent project modifications, will not significantly affect air quality. As
depicted in Table 2 below, the project with the identified mitigation measures do
not exceed any of the South Coast Air Quality Management District significance
thresholds are expected. The following are the estimated daily emissions based
upon the results of CARB's URBEMIS 2007 computer model in pound per day
(lb /day). The mitigated construction- related air quality emissions identified in
Table 1 are based upon the assumption that the typical air quality mitigation
measures AQ -1 through AQ -5 have been implemented during the construction
phase of the project. The detailed results of the air quality modeling are located in
the technical appendix.
Lake Street Marketplace 28
December 2008
Table 2 - Average Daily Construction Air Pollution Emissions
with Implementation of the Mitigation Measures
(pounds /day)
Project Phase
ROG
NOx
CO
SO2
PM -10
PM -z.5
Demolition
7.12
63.12
34.22
0.01
6.98
3.02
Grading
6.35
5
2 7.35
0.01
7.75
3.62
Underground Utility
4.12
33.11
16.29
0.00
0.02
0.02
Paving
5.34
28.38
16.47
0.01
2.28
2.07
Building Construction
13.61
68.20
25.86
0.00
2.67
2 .45
AQMD Significance
Threshold
75
100
550
150
1 50
55
Exceeds any Project
Phase Thresholds?
No
No
No
No
No
No
By far, the greatest project - related air quality concern in Southern California derives
from the mobile source emissions that will be generated from the project site during
operations. Operational emissions from project - related traffic were calculated
using a computerized procedure developed by the CARB for urban growth mobile
source emissions. The model was used to calculate area source emissions and the
resulting operational emissions for an assumed project build -out in the Year 2010;
these results are shown in Table 3. The air quality analysis prepared for the project
did not identify any significant air quality impacts.
Table 3 - Peak Daily Operational /Areawide Air Pollution Emissions
(pounds /day)
Seasons
ROG
NOx
CO
SO
PM -10
PM -2.5
Summer
2 7. 0 4
46.
339.67
0.33
53.49
10.78
Winter
30.35
54.62
334.11
0.29
53.51
10.78
AQMD Significance
Threshold
1 55
55
55 0
150
150
55
Exceeds Threshold in
Summer?
No
No
No
No
No
No
Exceeds Threshold in
Winter?
No
No
No
No
No
No
Lake Street Marketplace 29
December 2008
Carbon Monoxide (CO) is a colorless, odorless, tasteless toxic gas generated by the
incomplete combustion of fossil fuels. In urban settings it is most often created at
higher volume, low Level of Service intersections along arterial roadways. The Air
Quality Impact Analysis prepared for the project did not identify the potential for a
carbon monoxide hot spot. As a result, no significant impacts from carbon
monoxide are anticipated from the project.
Global climate change has become a major concern in recent years. While the exact
effects of global climate change are not known, the best scientific opinions believe
that over the next century the average temperature on the planet will increase
between 2 and 5 degrees Celsius (3 1 /2 to 9 degrees Fahrenheit). The long term
consequences of this increase in temperature include a variety of events that could
potentially be destructive to human civilizations. Some of the potential changes
that could result from planetary climate change include substantial increases in sea
level, increased drought and desertification, reductions in global agriculture and
food supplies, impacts to existing ecosystems, and a possible re- initiation of an ice
age if oceanic circulation in the North Atlantic Ocean is effected. In the future,
California will probably be most affected by increasing sea levels, extended drought
conditions, increased flooding, and more severe wildfires.
The primary anthropogenic sources [created by human activities] for greenhouse
gases include carbon dioxide (CO2), methane (CH nitrous oxide (N2O), and
chlorofluorocarbon halomethanes (primarily Freon 12). Of these four greenhouse
gases, carbon dioxide is the most common comprising approximately 84% of
greenhouse gases. At the present time, atmospheric concentrations of carbon
dioxide continue to increase. The primary anthropogenic source for carbon dioxide
is the burning fossil fuels (including mobile sources). Nitrous Oxide is also created
by the burning of fossil fuels as well as being created through industrial processes.
The primary human sources for methane are energy production, landfills and waste
treatment, and livestock raising. Freon 12 was used extensively in refrigeration and
as an aerosol propellant until the mid 199o's when production stopped.
Atmospheric concentrations of chlorofluorocarbons are expected to remain
relatively constant throughout the rest of this century since these chemicals do not
readily breakdown through normal atmospheric processes.
Given the planet -wide causes of global climate change, it is unlikely that any
substantial amelioration in rate or magnitude of climate change is possible at the
local level. Long -term solutions to global climate change will probably require
extensive reductions in the use of fossil fuels and the increases in the use of
alternate energy sources. On the level of a small scale development project, there
are a number of items that could help minimize the severity of the adverse effects of
global climate change. These items include increased energy efficiency (including
the use of light colored /highly reflective roof materials), enhanced land use
connectivity (between work, services, school and recreation), reductions in vehicle
miles driven, increases in mass transit use, and increased open space conservation.
Recent changes to State Law, the Global Warming Solutions Act of 2006, have
established requirements to begin to deal with greenhouse gas emissions in
California. One of the requirements in the law is for environmental documents to
Lake Street Marketplace 30
December 2008
identify carbon dioxide emissions that are expected to occur as a result of the
construction and operation of projects within the State. As a result, modifications
were made to URBEMIS air quality model to calculate carbon dioxide emissions.
The original air quality assessment was prepared in early 2008 and assumed that
construction would begin in late 2008. However at this time construction is
expected to begin in early 2009 with project completion in 2010. The anticipated
carbon dioxide emissions during project construction and operation for both
summer and winter periods are contained in the Table 4.
No significance thresholds have yet been established by the Air Resources Board,
for carbon dioxide emissions. As a result, the traditional determination of air
quality impact significance finding is not possible. However, there is a general
relationship between carbon dioxide emission levels and the emission levels of the
other criteria pollutants (reactive organic gases, oxides of nitrogen, carbon
monoxide, and sulfur dioxide). Since the thresholds for these criteria pollutants
have not been exceeded the thresholds established by AQMD, it is reasonable to
assume that the levels of carbon dioxide that will be generated by the proposed
project will also not result in a significant impact.
Table 4 — Carbon Dioxide Air Pollution Emissions
with Mitigation Measures
(pounds /day),
Year
Construction
Operation
200
1 ,343.45
-
2010
1,169.64
-
2010
-
31,928.88
As discussed in this Section, the construction and operation of the proposed project
will not violate air quality standards, exceed AQMD significance thresholds, and by
inference, significantly impact air quality. Even though no significant air quality
impacts are anticipated, essential air quality mitigation measures addressing
particulate matter and volatile organic gases are being incorporated into this project
to ensure construction compatibility with the surrounding area. As a result, the air
quality impacts are expected to be less than significant.
c) Result in a cumulatively considerable net increase of any criteria
pollutant for which the project region is non - attainment under an
applicable federal or state ambient air quality standard (including
releasing emissions which exceed quantitative thresholds for ozone
precursors)? Less Than Significant Impact
The proposed project has the potential to contribute toward in a cumulatively net
increase of any criteria pollutant for which the South Coast Air Basin is a non-
attainment area under an applicable air quality standard (including releasing
emissions which exceed quantitative thresholds for ozone precursors). However, all
Lake Street Marketplace 31
of Southern California is within a non - attainment region for these criteria
pollutants (ozone and particulate matter). Consequently, the project will probably
result in an insignificant incremental increase that is not expected to significantly
contribute to the non - attainment status of the region. As a result, and pursuant to
CEQA Guidelines Section 15o64(h), these impacts are considered less than
significant and no additional mitigation measures beyond those listed below are
required.
d) Expose sensitive receptors to substantial pollutant concentrations?
Less Than Significant Impact
Sensitive receptors to substantial pollutant concentrations include population
groups which are more susceptible to air pollution (i.e. sensitive receptors) include
young children, the elderly, and the acutely and chronically ill (especially those with
cardio - respiratory disease). The surrounding land uses include a mixture of single
family residential and vacant land. The vacant areas that are generally north and
east of the site do not contain any sensitive receptors. Most of the nearby single
family residences are located across Lake and Mountain Streets. To assess the
impact of the project on the adjacent residents, the air quality impact analysis
report conducted an additional analysis employing the Localized Significant
Thresholds established by the AQMD. Localized significance thresholds are based
upon ambient air quality conditions for each subarea within the South Coast Air
Basin and are intended to address project impacts on adjacent potentially sensitive
residential land uses. Differences in results contained Tables 2 and 3 are because
the analyses for Localized Significance Thresholds assess only the on -site emissions.
In contrast, the total project emissions assess all project - related air quality
emissions. The results of this supplemental analysis are contained in Tables 5 and 6
for construction and operation, respectively.
Table 5 — Peak Day Mass Emissions from Construction -
Comparison to Localized Significance Thresholds
(i 3ounds/day)
Project Phase
NOx
CO
PM -10
PM -2.5
Demolition
58.30
30.35
6 .75
3.37
Grading
39.60
19.78
7.06
2 .99
Underground Utility
33.00
1 4.43
0.01
0.01
Paving
23.44
12.25
2.04
1.87
Building Construction
67.61
22.76
2.63
2.42
Localized Significance
Thresholds
503
1,699
11
6.67
Exceeds Thresholds during
any Project Phase?
No
No
No
No
Lake Street Marketplace 32
December 20o8
Table 6 — Peak Day Mass Emissions from Operation -
Comparison to Localized Significance Thresholds
(pounds /day)`
Seasons .,
NOx
CO
PM -10
PM -2.5
Summer
6.46
57.60
2.22
0.52
Winter
7.43
72.00
2.22
0.52
Local Significance
503
1 ,699
3
2
Thresholds
Exceeds Local Significance
Threshold?
No
No
No
No
Since there are no sensitive receptors adjacent to the project site and no
exceedences of the localized significance thresholds, no significant impacts are
anticipated and no additional mitigation measures are required.
e) Create objectionable odors affecting a substantial number of people?
Less Than Significant Impact
Many agricultural and industrial businesses can create objectionable odors.
Examples include dairies, composting operations, refineries, chemical plants,
fiberglass molding, wastewater treatment plants, and landfills. Since the project
does not contain any of these operations, the project is not expected to create
objectionable odors with the potential to affect a substantial number of people.
However, there is a possibility that potentially objectionable odors may result from
project construction. Any impacts which may occur during project construction will
be of short duration and are not expected to effect nearby residents. As a result, no
significant impacts are anticipated and no additional mitigation measures are
required.
MITIGATION MEASURES
AQ -1 The City will require construction contractors to apply water to the
disturbed portions of the project site at least three times per day. On days
where wind speeds are sufficient to transport fugitive dust beyond the
working area boundary, the City will require contractors to increase
watering to the point that fugitive
(typically a moisture content of 12%),
grading and loading operations.
dust no longer leaves the property
and /or the contractor will terminate
AQ -2 The project will comply with regional rules such as SCAQMD Rules 402,
403 and 404, which would assist in reducing short-term air pollutant
emissions. These dust suppression techniques are summarized below.
a. Portions of the construction site to remain inactive longer than a period
Lake Street Marketplace - 33
December 2oo8
of three months will be seeded and watered until grass cover is grown or
otherwise stabilized in a manner acceptable to the City.
b. All onsite roads will be paved as soon as feasible or watered periodically
or chemically stabilized.
c. All material transported offsite will be either sufficiently watered or
securely covered to prevent excessive amounts of dust.
d. The area disturbed by clearing, grading, earth moving, or excavation
operations will be minimized at all times.
e. Where vehicles leave the construction site and enter adjacent public
streets, the streets will be swept daily or washed down at the end of the
work day to remove soil tracked onto the paved surface.
AQ -3 All material stockpiles subject to wind erosion during construction activities,
which will not be utilized within three days, will be covered with plastic, an
alternative cover deemed equivalent to plastic, or sprayed with a nontoxic
chemical stabilizer.
AQ -4 All vehicles on the construction site will travel at speeds less than 15 miles
per hour. This will be enforced by including this requirement in the
construction contract between the City and the contracted construction
company with penalty clauses for violation of this speed limit.
AQ -5 All engines will be properly operated and maintained. Proper tune for all
diesel- powered vehicles and equipment in the South Coast Air Basin
requires that fuel injection timing be retarded 2 degrees from the
manufacturer's recommendation and use high pressure injectors.
IV. BIOLOGICAL RESOURCES
The following technical studies were prepared to address issues related to biological
issues, and are available on the CD located in the back pocket of this IS /MND:
• "Lake Street /Mountain Street Site, City of Lake Elsinore — Habitat Assessment
for Critical Area and Narrow Endemic Plant Species and Burrowing Owl
Survey (Revised September 4, 2oo8)"
a) Have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensitive, or
special status species in local or regional plans, policies, or regulations,
or by the California Department of Fish and Game or U.S. Fish and
Wildlife Service? Less Than Significant Impact with the Incorporated
Mitigation
According to the biological resources report, much of the site has been disked or is
covered with ruderal vegetation, non - native grassland, and ornamental
Lake Street Marketplace 34
landscaping. The ornamental landscaping including several large trees were
identified onsite. During the site visits no significant wildlife habitats or species
were identified on the site. However, the larger trees do provide nesting and
roosting sites for migratory birds species. The critical period for these nesting
activities is February 1 through August 31 of each year. To ensure that no impacts to
migratory bird occur, no grading or clearing will be allowed during this period with
verification that no nests will be impacted. This requirement is contained in
Mitigation Measure BIO -1. As a result, no significant impacts are anticipated with
the implementation of the mitigation measure identified above. In addition, the
project site is located with the Western Riverside Multiple Species Habitat
Conservation Plan ( MSHCP) area. The MSHCP provides detailed guidance on
addressing potential impacts to plant and animal species of concern. According to
the Riverside County Land Information System, the site is not located within the
boundary of the Stephens Kangaroo Rat Habitat Conservation Plan. A more
detailed discussion of these habitat conservation plans is contained in Section IV.f.
b) Have a substantial adverse effect on any riparian habitat or other
sensitive natural community identified in local or regional plans,
policies, regulations, or by the California Department of Fish and Game
or U.S. Fish and Wildlife Service? Less Than Significant Impact
The project site does not contain any riparian habitats or other sensitive natural
community identified in local or regional plans, policies, regulations, or by the
California Department of Fish and Game or U.S. Fish and Wildlife Service. The off -
site channel (to the south) does contain riparian plant species but is not being
impacted or affected by the proposed project. As a result, the impacts are
considered to be less than significant and no additional mitigation is required.
c) Have a substantial adverse effect on federally protected wetlands as
defined by Section 404 of the Clean Water Act (including, but not
limited to, marsh, vernal pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other means? Less Than
Significant Impact
The proposed project does not contain and will not have an adverse effect on
federally protected wetlands as defined by Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other means. As a result, no wetland
impacts are anticipated and no mitigation measures are required.
d) Interfere substantially with the movement of any native resident or
migratory fish or wildlife species or with established native resident or
migratory wildlife corridors, or impede the use of native wildlife
nursery sites? Less Than Significant Impact
The project site is surrounded by suburban -scale residential development which
creates a variety of existing obstacles to the movement of wildlife. The additional
development associated with the project is not expected to interfere with the
movement of any native resident or migratory fish or wildlife species or with
Lake Street Marketplace 35
December
established native resident or migratory wildlife corridors, or impede the use of
native wildlife nursery sites. However, the tall mature trees on site may be used by
migratory birds during spring and summer. This topic is discussed in more detail in
Section IV.f. In addition, the project has received clearance from the Riverside
Conservation Authority indicating that development of the site will not adversely
effect the implementation of the regional habitat conservation plan. Consequently,
no impacts are anticipated and no mitigation measures are required.
e) Conflict with any local policies or ordinances protecting biological
resources, such as a tree preservation policy or ordinance? Less Than
Significant Impact
The City of Lake Elsinore has determined that several species of palms are
important to maintaining the character of the local community and at protecting the
local environment. According to the provisions of Ordinance 1044, no Significant
Palm may be removed or relocated without a permit from the Director of
Community Services. Significant Palms are defined as any palm taller than five feet
in height (as measured from the ground to the base of crown) for the following
species: California Date Palm (washingtonia filifara), Canary Island Date Palm
(phoenix canariensis), Mediterranean Fan Palm (chamaerops humilis), Pindo Palm
(butia capitata), Pygmy Palm (phoenix roebelenii), Senegal Date Palm (phoenix
reclinata), and Windmill Palm (trachycarpus fortunei). According to the biological
survey, the ornamental landscaping located on the project site does not contain any
of the potentially significant palms as defined by the City of Lake Elsinore. As a
result, no significant impacts are anticipated and no additional mitigation measures
are required.
f) Conflict with the provisions of an adopted Habitat Conservation Plan,
Natural Community Conservation Plan, or other approved local,
regional, or state habitat conservation plan? Less Than Significant
Impact
The proposed project is located within the adopted Western Riverside County
Multiple Species Habitat Conservation Plan (MSHCP) area. The MSHCP is a
comprehensive, multi jurisdictional Habitat Conservation Plan focusing on
conservation of species and associated habitats in Western Riverside County. The
MSHCP will serve as a HCP pursuant to Section lo(a)(1)(B) of the federal
Endangered Species Act of 1973, as amended, as well as a Natural Communities
Conservation Plan (NCCP) under the NCCP Act of 2ooi. The overall goal of the
MSHCP is the conservation of 500,00o acres and focuses on the conservation of 146
plant and animal species.
On June 22, 2004, the U.S. Fish and Wildlife Service (USFWS) issued the Section
1o(a)(1)(B) permit, and the California Department of Fish and Game (CDFG) issued
the Natural Community Conservation Plan permit, collectively referred to as the
"Permit." These Permits provide take authorization for those species listed as
threatened or endangered and identified in the permits as Covered Species
Adequately Conserved. The City of Lake Elsinore is a participating entity and
Permittee of the MSHCP.
Lake Street Marketplace 36
Decem 2008
In accordance with the MSHCP, the proposed project was also reviewed for
consistency with the following supplemental policy areas.
• Section 61.1 - Property Owner Initiated Habitat Evaluation and Acquisition
Negotiation Strategy (known as LEAP, the Lake Elsinore Acquisition Process)
• Section 6.1.2 - Protection of Species Associated with Riparian / Riverine Areas
and Vernal Pools
• Section 6.1.4 - Guidelines Pertaining to the Urban /Wildlands Interface
• Section 6.3.2 - Additional Survey Needs and Procedures
• Section 6.4 — Fuels Management Guidelines
• Section 8.5.1 Local Development Impact Fees
The results of this consistency analysis are described below. The Riverside County
Integrated Plan Conservation Summary Report Generator was used to determine
the appropriate conservation requirements for the Project site.
Criteria Area Cells
The MSHCP establishes Criteria Area cells to facilitate the process by which
properties are evaluated for inclusion within the MSHCP Conservation Reserve
System. The Criteria Area is an analytical tool which assists in determining which
properties may need to be acquired and conserved under the MSHCP. The process
for evaluating the conservation needs for individual projects are described in
Section 6.1.1, the Property Owner Initiated Habitat Evaluation and Acquisition
Negotiation Strategy (HANS). The equivalent process in the City is known as the
LEAP. According to the information provided by the Riverside County Integrated
Plan Conservation Summary Report Generator, the project site is located within
Criteria Cells #4155 and 4156. The purpose of these criteria cells is to contribute to
the assembly of Proposed Core 1 which includes coastal sage scrub and chaparral
habitats and consists of two conservation blocks east and west of Interstate -15. As a
result, the project is required to submit an application to the City and Riverside
Conservation Authority. The project received a consistency determination, JPR o8-
08- 20 -01, on September 23, 2008; consequently, the Lake Street Marketplace
shopping center is consistent with the criteria area cell requirements of the MSHCP.
Riverine /Riparian Protection Policies
Section 6.1.2 of the MSHCP requires that all projects withivahe Plan Area be
assessed for potentially significant effects on riparian and riverine areas as part of
the environmental review process. Riparian / Riverine Areas are lands which
contain habitats dominated by trees, shrubs, persistent emergents, or emergent
mosses and lichens, which occur close to or which depend upon soil moisture from a
nearby fresh water source; or areas with fresh water flow during all or a portion of
the year. The project site does encompass scattered vegetation which could be
considered a riparian resource. However, this vegetation will not be directly or
Lake Street Marketplace 37
December 2oo8
indirectly affected by the proposed project. Therefore, the proposed project is
consistent with this section of the MSHCP.
Vernal Pool Protection Policies
Section 6.1.2 of the MSHCP requires that all projects within the Plan area be
assessed for potentially significant effects on vernal pools as part of the
environmental review process. Vernal pools are seasonal wetlands that occur in
depression areas that have wetlands indicators for all three parameters (soils,
vegetation and hydrology) during the wetter portion of the growing season but
normally lack wetlands indicators of hydrology and /or vegetation during the drier
portion of the growing season. Section 6.1.2 of the MSHCP focuses on protection of
vernal pool habitats based on their value in the conservation of a number of MSHCP
covered species. The biological resources study prepared for the Project did not
identify any vernal pools on the Project site. As a result, the proposed project is
consistent with this section of the MSHCP.
Fairy Shrimp Protection Policies
Sensitive fairy shrimp species are known to be associated with Vernal Pool habitat
areas. The three sensitive species, the Riverside, Vernal Pool and Santa Rosa Fairy
Shrimp, are known to occur within stock ponds, ephemeral pools, and other large
depressional features. These requirements are also located Section 6.1.2 of the
MSHCP. The biological resources study prepared for the Project did not identify
any vernal pools or other areas that would provide suitable habitat for these species.
Consequently, no impacts are expected to occur to any sensitive fairy shrimp
species. As a result, the proposed project is consistent with this section of the
MSHCP.
Urban /Wildland Interface Guidelines
The MSHCP contains requirements to address anticipated urban /wildland interface
issues associated with the conservation areas. Section 6.1.4 of the MSHCP sets forth
guidelines to address indirect edge effects associated with locating development
adjacent to MSHCP Conservation Areas. These edge effects can adversely affect the
biological resources within an identified Conservation Area. The Guidelines provide
direction on drainage, the application of toxic chemicals, lighting, noise, invasive
plant species, barriers to animal movement, and grading issues. However, the
project is surrounded by urban development, is not adjacent to any wildland areas.
Consequently, the proposed project is consistent with the provisions of the MSHCP.
Additional Survey Needs
Section 6.3.2 of the MSHCP also requires additional surveys for selected species if
the project is located within potential criteria habitat areas as shown in Figures 6 -2,
6 -3, and 6 -4 of the MSHCP. The Conservation Report Generator indicated that the
Project site is located within a Critical Area Species Survey Area for the Western
Burrowing Owl. Consequently, a burrowing owl survey was conducted on the
project site. According to this survey no burrowing owls or sign were observed
Lake Street Marketplace 38
December 2008
during the habitat assessment and burrow surveys that were performed. However
the MSHCP requires that a follow -up survey be conducted immediately prior to any
grading activities to ensure that burrowing owls have not re- inhabited the site. This
standard requirement is contained in Mitigation Measure BIO -2. Because no
burrowing owls were observed during any of the survey dates, the project is
consistent with this section of the MSHCP.
Fuels Management Guidelines
Fuels management focuses on the reduction of hazards for humans and their
property caused by wildland fires. The project site is located in an urbanized
environment surrounded by other urban and suburban development. Section 6.4 of
the MSHCP addresses the issue of fuels management and the reduction of fire fuel
loads in areas adjacent to identified conservation areas. The MSHCP anticipates
that fuels management activities will continue in a manner that is compatible with
both public safety and conservation of biological resources. The project is not
located within a high fire hazard area and is not required to incorporate wildland
fire hazard mitigation measures into the design of the project. As a result, no fuel
management will be required as part of the project design. Consequently, the
proposed project is consistent with the fuels management provisions of the MSHCP.
Local Development Impact Fees
The City is required to collect local development impact fees for all projects within
the MSHCP area. To accomplish this requirement, the City requires project
applicants to pay the local development impact fees to mitigate the impacts to
species and habitats covered under the MSHCP. This requirement is contained in
Mitigation Measure BIO -3. With the payment of these fees, the proposed project is
consistent with this section of the MSHCP.
Stephens Kangaroo Rat Habitat Conservation Plan
The project is not located within the Fee Area Boundary of the Stephens Kangaroo
Rat Habitat Conservation Plan (HCP). Consequently, the proposed Project is not in
conflict with the requirements of the HCP.
Based upon the information provided, the proposed project implements and is
consistent with the requirements of the MSHCP, the Stephens Kangaroo Rat HCP,
and the mitigation measures identified in this Initial Study will mitigate any project
impacts. As a result, no significant impacts are anticipated.
MITIGATION MEASURES
BI0-1 Prior to the removal of any mature trees from the project site (prior to
grading and construction) between February 1 and August 31, a
supplemental migratory bird nesting survey shall be conducted to verify that
the mature trees are not being used by nesting migratory birds. If nesting
birds are identified on -site, the trees shall be identified and the area around
the tree protected until any your birds have fledged. This survey shall
Lake Street Marketplace 39
December 2008
comply with the survey protocols established by the U.S. Fish and Wildlife
Service or other California Department of Fish and Game.
BIO -2 Within 3o days prior to the initiation of any grading or clearing activities, a
subsequent Western Burrowing Owl Survey shall be performed to confirm
that burrowing owls have not reoccupied any portion of the site. In the
event that a portion of the site has been re- occupied by the burrowing owl,
the survey biologist, in consultation with the City Planning Department,
shall establish no disturbance areas around the burrow and related foraging
areas to ensure that no impacts to the burrowing owl occur. The subsequent
survey will comply with the survey protocols established by the U.S. Fish
and Wildlife Service.
BIO -3 Prior to the issuance of the grading permit, the applicant shall pay the
appropriate MSHCP impact mitigation fee in effect at that time.
V. CULTURAL RESOURCES
The following technical study was prepared to address issues related to cultural
resources, and is available on the CD located in the back pocket of this IS /MND:
"Historical /Archaeological Resources Survey Report — Lake Street
Marketplace, City of Lake Elsinore"
• "Addendum to the Historical /Archaeological Resources Survey Report — Lake
Street Marketplace, City of Lake Elsinore"
a) Cause a substantial adverse change in the significance of a historical
resource as defined in §15o64.5? Less Than Significant Impact
The project will not cause a substantial adverse change in the significance of a
historical resource as defined in §15o64.5 of the California Environmental Quality
Act. According to the historic /archaeological resources report, there are no historic
structures located on the site. The site currently contains a single structure which
appears to have been originally constructed in the 193o's, a mobile home placed
onsite around 1976. These ancillary structures include a small water tower, an
outdoor brick oven, and a nearby small concrete foundation. Previous assessments
performed in 1982, 1989, and 20o6 did identify a potentially historic structure
located on the southeastern portion of the site. The former structure was described
as a two -story colonial revival -styled single family residence initially constructed in
the early 1930's. According to the records, this two -story structure appeared to have
been extensively modified over the years. The structure's deteriorated condition
was also noted in the earlier cultural resources assessments. This structure was
never listed on any historical register and, according to City records, was approved
for removal in 2005.
An existing structure, located at 28915 Lake Street, was originally constructed
around 1931. Since its original construction, this existing structure was enlarged
and added to several times. The exterior of the structure consists of a combination
Lake Street Marketplace 40
December 2oo8
of vertical boards, horizontal boards, and old bricks. This entire structure is now
covered with a gabled roof composed of composite sheeting that covers the original
structure and the adjacent additions. These extensive modifications appear to have
substantially reduced the historic integrity of the structure. The structure is
currently not occupied and appears to be in poor condition.
According to the archaeological resources survey report, neither the mobile home,
the unoccupied structure, the remaining ancillary structures contain any unique
archaeologic, aesthetic, or technological merits that would justify their preservation
for historic purposes. In addition, the records search performed by University of
California, Riverside did not identify any other historic structures on or near the
project site. Since no historic structures are currently located on the site or adjacent
to the site, no significant impacts to historic resources are anticipated and no
mitigation measures are required.
b) Cause a substantial adverse change in the significance of an
archaeological resource pursuant to §15o64.5? Less Than Significant
Impact
The project will not cause a substantial adverse change in the significance of an
archaeological resource. According to the historic /archaeological resources report
and contacts with the local native American tribes, no evidence of historic or
prehistoric cultural resources were found to exist on the project site. The records
search performed by University of California, Riverside offered the same results.
However, because a number of archaeological resource sites have been identified
within one -mile of the project site, there is the potential for the unanticipated
discovery of these resources. Since these resources are known to exist in the general
area, the mitigation measures listed in this Section (CUL -1 through CUL 6) will
insure that any unanticipated discovery will not have a significant impact on
archeological resources.
Senate Bill 18, titled Traditional Tribal Cultural Places, was approved in 2004. The
bill requires local governments to notify Native American tribes prior to the
adoption or amendment of any General Plan or specific plan. The intent of SB 18
was to help protect and preserve important tribal cultural and sacred places that are
not otherwise covered under tribal law through a coordination process between the
local and tribal governments. Examples of these important tribal places include
sanctified cemeteries, places of worship, and religious or ceremonial sites. The bill
requires local governments to notify and consult with local Native American tribes
prior to the adoption or any amendment of a general plan or specific plan. Because
the project includes an amendment to the City General Plan, the following tribal
organizations will be notified: the Soboba and Pechanga Bands of Luisefio Indians,
the Morongo, Los Coyotes, and Santa Rosas Bands of Mission Indians, the Cupefio
Indians, and the Cahuilla Indians. The notice was sent to these tribes on August 27,
2oo8. The go -day response period established by SB -18 ended on November 27,
2008. No requests were received from any of the identified tribal organizations for
a consultation concerning the development of the project site.
Lake Street Marketplace 41
December 2oo8
Since no cultural or sacred sites were identified on the project site, no significant
impacts are anticipated. However, there is a potential for the inadvertent discovery
of previously unknown resources. As a result, with the implementation of the
mitigation measures identified in this Section, any impacts are expected to be at a
less than significant level.
c) Directly or indirectly destroy a unique paleontological resource or site
or unique geologic feature? Less Than Significant Impact
The site has been identified as having a high potential /sensitivity for paleontological
resources. However, no paleontological resources were identified on site.
According to the geotechnical investigation prepared for the site, subsurface soils
are all recent alluvial deposits. These layers generally do not contain
paleontological resources. The lack of identified paleontologic sites, along with the
lack of fossiliferous soil stratum near the ground surface, indicate that a significant
impact to paleontologic resources is not expected to occur. As a result, no
significant impacts are anticipated and no additional mitigation measure is
required.
d) Disturb any human remains, including those interred outside of formal
cemeteries? Less Than Significant Impact
According to the historical /archeological report, the site has never been used to
bury human remains. Consequently, development of this project is not expected to
disturb any human remains, including those interred outside of formal cemeteries.
If during project grading any human remains are discovered, the provisions of
Mitigation Measure CUL -3 are expected to mitigate any impacts. The requirements
of SB18 are discussed in Section V.b above. With the mitigation measures listed for
this Section, any impacts will be reduced to a less than significant level.
MITIGATION MEASURES
Given that significant impacts are not expected and mitigation measures are not
required, however, the following is recommended:
CUL -i An archeological monitor shall be present during all earthmoving to insure
protection of any accidentally discovered potentially significant resources.
All cultural resources unearthed by project construction activities shall be
evaluated by a qualified archeologist. Any unanticipated cultural resources
that are discovered shall be evaluated and a final report prepared. The
report shall include a list of the resources recovered, documentation of each
site /locality, and interpretation of resources recovered. The City shall
designate repositories in the event the significant resources are recovered.
Lake Street Marketplace 42
December
CUL 2 At least 3o days prior to seeking a grading permit, the project applicant shall
contact the appropriate Tribe' to notify the Tribe of grading, excavation and
the monitoring program, and to coordinate with the City of Lake Elsinore
and the Tribe to develop a Cultural Resources Treatment and Monitoring
Agreement. The Agreement shall address the treatment of known cultural
resources, the designation, responsibilities, and participation of Native
American Tribal monitors during grading, excavation and ground disturbing
activities; project grading and development scheduling; terms of
compensation; and treatment and final disposition of any cultural resources,
sacred sites, and human remains discovered on the site.
CUL -3 If human remains are encountered, California 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 California Public Resources 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 a reasonable
timeframe. Subsequently, the Native American Heritage Commission shall
identify the "most likely descendant." The most likely descendant shall then
make recommendations, and engage in consultations concerning the
treatment of the remains as provided in Public Resources Code 5097.9
CUL -4 The landowner shall relinquish ownership of all cultural resources,
including sacred items, burial goods and all archaeological artifacts that are
found on the project area to the appropriate Tribe for proper treatment and
disposition.
CUL -5 All sacred sites, should they be encountered within the project area, shall be
avoided and preserved as the preferred mitigation, if feasible.
CUL -6 If inadvertent discoveries of subsurface archaeological resources are
discovered during grading, the Developer, the project archaeologist, and the
appropriate Tribe shall assess the significance of such resources and shall
meet and confer regarding the mitigation for such resources. If the
Developer and the Tribe cannot agree on the significance or the mitigation
for such resources, these issues will be presented to the Community
Development Director (CDD) for decision. The CDD shall make the
determination based on the provisions of the CEQA with respect to
archaeological resources and shall take into account the religious beliefs,
customs, and practices of the appropriate Tribe. Notwithstanding any other
rights available under the law, the decision of the Community Development
Director shall be appealable to the City of Lake Elsinore.
It is anticipated that the Pechanga Band of Luisefio Indians will be the "appropriate"
Tribe due to their prior and extensive coordination with the City and Project Applicant in
determining potentially significant impacts and appropriate mitigation measures.
Lake Street Marketplace - 43
December 2008
VI. GEOLOGY AND SOILS
The following technical study was prepared to address issues related to geology and
soils, and is available on the CD located in the back pocket of this IS /MND:
"Preliminary Geotechnical Investigation- Proposed Commercial Development
— Lake Street Marketplace, MWES Mountain Street and Lake Street, City of
Lake Elsinore, California"
a) Expose people or structures to potential substantial adverse effects,
including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most
recent Alquist - Priolo Earthquake Fault Zoning map, issued by the
State Geologist for the area or based on other substantial evidence
of a known fault? (Refer to Division of Mines and Geology Special
Publication 42.) Less Than Significant Impact with Mitigation
Incorporated
The project is located within seismically active Southern California and is
expected to experience strong ground motions from earthquakes caused by
both local and regional faults. The closest major fault zone is the Elsinore
Fault Zone which forms a complex series of pull -apart basins between
Temecula and Corona. The largest and most pronounced of these pull -apart
basins forms a flat - floored closed depression which has been partly filled by
Lake Elsinore. This basin forms the terminus for the San Jacinto River.
Several of the fault strands which make up the Elsinore Fault Zone have their
own distinct names such as the Wildomar, Glen Ivy North, and Glen Ivy South
faults. Analysis of the historic pattern along the Wildomar Fault indicates that
Magnitude 6.8 earthquake can be expected to re -occur about every 340 years
on average. The Elsinore Fault Zone is a right - lateral slip fault (like most other
major north -south trending fault zones in Southern California). The last major
earthquake along the Elsinore Fault was a 6.o quake located in the Lake
Elsinore area in 1910. Other large earthquakes along the Elsinore Fault Zone
include earthquakes in the Whittier Narrows in 1987 (magnitudes 5.9 and 5.4)
and in the Chino Hills in 2oo8 (magnitude 5.6).
According to the geotechnical report, the closest Alquist- Priolo Special Study
Zone is for the Glen Ivy North Fault is located approximately four - tenths of a
mile west of the project site. The fault in the Alquist - Priolo Special Study Zone
for the Glen Ivy North Fault has the potential to significantly effect any
development located on the project site. A closer segment of the Elsinore -Glen
Ivy Fault has been mapped near the project site. This closer fault segment is
not included within an Alquist- Priolo Zone Special Study Zone because there is
no evidence that this segment has caused any surface ruptures in the last
1o,000 years. According to the geotechnical investigation report, this closer
fault segment does not appear to be located on the project site and may not
actually be located in the area where it was previously suspected to occur (i.e.
the fault trace is not located on or immediately adjacent to project site).
Lake Street Marketplace 44
December 2oo8
The potential impacts related to the Elsinore Fault Zone (as well as other
regional faults) are addressed through compliance with standard measures
contained in the Uniform Building Code and City Municipal Code and those
recommended mitigation contained in Mitigation Measure GEO -1. Mitigation
Measure GEO -1 contains the geotechnical recommendations from the
geotechnical report. With the implementation of the standard code provisions
and Mitigation Measure GEO -1, the anticipated impacts from regional ground
shaking are expected to be reduced to a less than significant level.
ii) Strong seismic ground shaking? Less Than Significant Impact with
Mitigation Incorporated
The proposed project will expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death involving strong
seismic ground shaking. The project site is located in an area of high regional
seismicity and may experience horizontal ground acceleration during an
earthquake along the Elsinore Fault Zone, which is located less than one -half
mile away, or other fault zones throughout the region. Because of this, the
project site has been and will continue to be directly affected by seismic activity
to some degree. While the project site is not located immediately adjacent to a
seismic study area, the proposed project will be affected by ground shaking
similar to most other areas in seismically active Southern California.
Compliance with recommendations identified in the preliminary geotechnical
investigation (and referenced in Mitigation Measure GEO -1) and the
requirements contained in the UBC and City Municipal Code regarding
structures and construction and those recommended mitigation measures
contained in this document ensures that any impacts will be less than
significant.
iii) Seismic - related ground failure, including liquefaction? Less Than
Significant Impact with Mitigation Incorporated
According to the geotechnical investigation report, the proposed project has a
low potential to adversely expose people or structures to substantial adverse
effects, including the risk of loss, injury, or death involving seismic - related
ground failure and liquefaction. However, the potential proximity of an
identified fault zone does create the potential for seismic - related. Liquefaction
is a soil condition created by shallow groundwater (generally less than 30 feet
below the ground surface) and relative low density soils and occurs when a site
is exposed to seismic groundshaking. The site investigation did not identify
the presence of shallow groundwater or and determined that the onsite soils
have a high relative density. In addition General Plan Exhibit VI -2 indicates
that the area has a low potential for liquefaction. Consequently, no significant
liquefaction hazards are expected to occur on the site. To address any
potential impacts from other seismic - related ground failure compliance with
the specific recommendations identified in Mitigation Measure GEO -1 and the
standard requirements contained in the Uniform Building Code and City
Municipal Code are expected to reduce the impacts associated with ground
failure hazards to a less than significant level.
Lake Street Marketplace 45
December 2oo8
iv) Landslides? No Imp
The proposed project is not expected expose people or structures to potential
substantial adverse effects, including the risk of loss, injury, or death from
landslides. The site is gently sloping and no landslides were mapped during
the field reconnaissance of the property and no ancient landslides are known
to exist on the project site. As a result, no impacts are anticipated; therefore,
no additional mitigation measures are required.
b) Result in substantial soil erosion or the loss of topsoil? Less Than
Significant Impact
As with any development, soil erosion can result during construction, as grading
and construction can loosen surface soils and make soils susceptible to effects of
wind and water movement across the surface. The City routinely requires the
submittal of detailed Erosion Control Plans with any grading plans. The
implementation of this standard requirement is expected to address any erosional
issues associated with the grading of the site. As a result, these impacts are not
considered to be significant if the implementation of the necessary erosion and
runoff control measures required as part of the approval of a grading plan. No
additional mitigation measures are required.
c) Be located on a geologic unit or soil that is unstable, or that would
become unstable as a result of the project, and potentially result in on-
or off -site landslide, lateral spreading, subsidence, liquefaction or
collapse? Less Than Significant Impact
According to the geotechnical investigation report, the proposed project is not
located in an area with a high potential for liquefaction. To address any potential
impacts related to ground failure compliance with the specific recommendations
identified in Mitigation Measure GEO -i and the standard requirements contained
in the Uniform Building Code and City Municipal Code are expected to reduce the
impacts associated with ground failure hazards to a less than significant level.
d) Be located on expansive soil, as defined in Table 18 -i -B of the Uniform
Building Code (1994), creating substantial risks to life or property?
Less Than Significant Impact
According to the geotechnical investigation report, the native soils beneath the site
are not highly expansive soil as defined in the Uniform Building Code. As a result,
no significant impacts are anticipated and no specific mitigation is required.
e) Have soils capable of adequately supporting the use of septic tanks or
alternative wastewater disposal systems where sewers are not available
for the disposal of wastewater? No Impact
The proposed project will be connected to the existing public wastewater treatment
system and will not be serviced by septic tanks or other alternative wastewater
disposal systems. As a result, no impacts associated with on -site wastewater
Lake Street Marketplace 46
2008
treatment and disposal are anticipated and no mitigation measures are required.
MITIGATION MEASURES
GEO -1 Comply with the seismic and site stability recommendations contained in
the "Preliminary Geotechnical Investigation- Proposed Commercial
Development — Lake Street Marketplace, MWES Mountain Street and Lake
Street, City of Lake Elsinore, California ", prepared by Leighton Consulting
(as amended or updated).
VII. HAZARD AND IIA7.ARD MATERIALS
The following technical study was prepared to address issues related to hazards and
hazardous materials, and is available on the CD located in the back pocket of this
IS /MND:
"Phase I Environmental Site Assessment - Commercial Property, Marinita
Development Company, APNs: 389 - 030 -014, -015, -o16, -017 and -o18,
Northwest Corner of Lake Street and Mountain Street"
a) Create a significant hazard to the public or the environment through the
routine transport, use or disposal of hazardous materials? Less Than
Significant Impact
The proposed project is not expected to create a significant hazard through the
transport, use, or disposal of hazardous materials. The project may create an
additional increment of hazard to the public or the environment through the routine
transport, use or disposal of hazardous materials depending on the businesses that
may be located in the proposed buildings. However, due to the quantity and nature
of these materials, these impacts are expected to be less than significant.
During construction there is a potential for accidental release of petroleum products
in sufficient quantity to pose a hazard to people and the environment. Prior to
initiating construction, a Stormwater Pollution Prevention Plan will be approved by
the City to address any construction - related spills or accidents. This requirement is
included in Mitigation Measure HAZ -1. With Mitigation Measure HAZ -1, the
project is not expected to result in a significant impact on the environment.
b) Create a significant hazard to the public or the environment through
reasonable foreseeable upset and accident conditions involving the
release of hazardous materials into the environment? Less Than
Significant Impact
The project consists of a four acre commercial retail center which may contain
business activities which could involve the use of small amounts of hazardous
materials. Consequently, the project has some potential may create a hazard to the
public or the environment through reasonable foreseeable upset and accident
conditions involving the release of hazardous materials into the environment.
However, due to the small quantity and limited nature of these materials, these
Lake Street Marketplace 47
December 2oo8
impacts will be considered less than significant. An additional discussion is found
in Section VII.a above. No significant impacts are and no additional mitigation
measures are required.
c) Emit hazardous emissions or handle hazardous or acutely hazardous
materials, substances, or waste within one - quarter mile of an existing
or proposed school? Less Than Significant Impact
The project is located approximately one - quarter mile north of Tierra Cotta Middle
School, but does not contain a school site. According to the Phase I Environmental
Assessment, the project site is not expected to contain hazardous materials. In
addition, the proposed project is not expected emit or handle substantial volumes of
hazardous materials. As a result, no impacts are anticipated and no mitigation
measures are required.
d) Be located on a site which is included on a list of hazardous materials
sites compiled pursuant to Government code Section 65962.5 and, as a
result, would it create a significant hazard to the public or the
environment? Less Than Significant Impact
The proposed project is not located on any hazardous materials site as designated
by Government Code Section 65962.5. Phase I environmental site assessment did
not identify any on -site hazardous material issues. A review of the information on
the Department of Toxic Substances Control website (www.envirostor.dtsc.ca.gov)
did not identify any other sites on or adjacent to the project site. Consequently, no
impacts are anticipated and no mitigation measures are required.
e) For a project located within an airport land use plan or, where such a
plan has not been adopted, within two miles or a public airport or
public use airport, would the project result in a safety hazard for people
residing or working in the project area? No Impact
The project site is not located within any airport land use plan. The closest airport
is Perris Valley Airport which is located about to miles east northeast of the site.
There is currently no adopted airport plan for this facility. The Riverside County
Airport Land Use Commission is currently in the process of developing an Airport
Land Use Compatibility Plan for this facility. Given the distance and types of flight
operations common to Perris Valley Airport (i.e. smaller one and two engine private
aircraft), no significant impacts to the project are anticipated and no mitigation
measures are required.
f) For a project within the vicinity of a private airstrip, would the project
result in a safety hazard for people residing or working in the project
area? No Impact
The project site is not located in close proximity to a private airstrip. The closest
private airstrip is Skylark Field which is located at the south end of Lake Elsinore,
approximately six miles south southeast of the project site. Skylark Field is used
primary for skydiving aircraft which commonly drop parachutists into the nearby
Lake Street Marketplace 48
December 20o8
back bay area south of the lake. Because of the limited use as well as the distance
between the project site and Skylark Field, no impacts are anticipated and no
mitigation measures are required.
g) Impair implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan? Less Than
Significant Impact
The proposed project will not conflict with any emergency response or evacuation
plans. The project includes access points from both adjacent streets, Lake Street
(which provides the main arterial circulation through the area) and Mountain Street
(which serves as a residential collector street to the adjacent residential areas). The
project is not expected to infer with local emergency response plans or emergency
response activities. As a result, no significant impacts are anticipated and no
mitigation measures are required.
h) Expose people or structures to a significant risk of loss, injury or death
involving wildland fires, including where wildlands are adjacent to
urbanized areas or where residences are intermixed with wildlands?
Less Than Significant Impact
The project site is located in a substantially built up area that was previously
identified wildland fire hazard area on the County geographic information system
database. According to representatives of the City's Fire Prevention Program, the
purpose of wildland fire hazard area designations are to address safety concerns of
locating residential land uses in potentially dangerous wildland fire areas. Since the
project is commercial in nature and is located within a built up area, no significant
fire hazard issues are anticipated and no mitigation is required.
MITIGATION MEASURES
IIAZ -1 All spills or leakage of petroleum products during construction and
operational activities shall be remediated in compliance with applicable
state and local regulations regarding cleanup and disposal of the
contaminant released. The contaminated waste will be collected and
disposed of at an appropriately licensed disposal or treatment facility. This
measure shall be incorporated into the Stormwater Pollution Prevention
Plan prepared for the project development.
VIII. HYDROLOGY AND WATER QUALITY
The following technical studies were prepared to address issues related to hydrology
and water quality, and are available on the CD located in the back pocket of this
IS /MND:
• "Project Specific Water Quality Management Plan for the Lake Street
Marketplace"
Lake Street Marketplace 49
December 2008
a) Violate any water quality standards or waste discharge requirements?
Less Than Significant Impact with Mitigation Incorporated
California State Law (Porter - Cologne Water Quality Control Act, California Water
Code Section 13000 et. seq.) requires the Regional Board to formulate and adopt
water quality control plans, or Basin Plans, for all areas within its region. The Basin
Plan must include an implementation plan that describes how the water quality
standards established in the Basin Plan will be met. Total Maximum Daily
(pollutant) Loads, with their associated implementation plans, are used to achieve
water quality compliance in areas with ongoing problems and are incorporated into
the Basin Plans. Within the United States, water quality is protected through the
assignment of beneficial uses. By establishing a beneficial use, specific water quality
parameter standards (which are usually numeric criteria) can then be established
for each beneficial use. Once specific parameter standards are established,
compliance with the numeric criteria is used to determine whether or not a
particular beneficial use is supported within a waterbody.
The Federal Clean Water Act Section 303(d) requires that States identify waters that
do not or are not expected to meet water quality standards (beneficial uses, water
quality objectives and the antidegradation policy) with the implementation of
technology -based controls. Once a waterbody has been placed on the 303(d) list of
impaired waters, States are required to develop a Total Maximum Daily Load
(TMDL) to address each pollutant causing impairment. A TMDL defines how much
of a pollutant a waterbody can tolerate and still meet water quality standards. Each
TMDL must account for all sources of the pollutant, including: discharges from
wastewater treatment facilities; runoff from homes, forested lands, agriculture, and
streets or highways; contaminated soils /sediments, legacy contaminants such as
DDT and PCBs; on -site disposal systems (septic systems) and deposits from the air.
Federal regulations require that the TMDL, at a minimum, account for
contributions from point sources (permitted discharges) and contributions from
non -point sources, including natural background. In addition to accounting for
past and current activities, TMDLs may consider projected growth that could
increase pollutant levels. TMDLs allocate allowable pollutant loads for each source,
and identify management measures that, when implemented, will assure that water
quality standards are attained.
The project site is located within the Santa Ana River Basin; runoff from the site
eventually drains into Temescal Wash which flows northward toward the Santa Ana
River. The Water Quality Control (Basin) Plan prepared by the Santa Ana Regional
Water Quality Control Board (RWQCB) identifies the Beneficial Uses of water
within the Santa Ana and San Jacinto River basins. The most recent Basin Plan was
approved in 1 995• The Basin Plan recognizes fifteen different uses of water which
range from public water supply and the preservation of rare, threatened, and
endangered species to non - contact recreation and hydropower generation.
The project site is located within the Lake Elsinore Sub -area (San Jacinto River
Basin) and located within the Santa Ana River Watershed (via the Lake Elsinore
Outlet Channel and Temescal Creek). The approved Basin Plan identified four
beneficial uses for Lake Elsinore. Though indicated as a potentially supporting the
Lake Street Marketplace 50
December 2008
Municipal and Domestic Water Supply (MUN) Beneficial Use, the lake has been
exempted from attaining these standards. The established Beneficial Uses for Lake
Elsinore are as follows.
• Water Contact Recreation (REC -1) is defined as the use of water for
recreational activities involving body contact with water, where ingestion of
the water is reasonably possible. These uses include, but are not limited to,
swimming, wading, water- skiing, skin and scuba diving, surfing, white water
activities, fishing, and the use of natural hot springs.
• Non - Contact Water Recreation (REC -2) is defined as the use of water for
recreational activities involving proximity to water but not normally involving
contact with the water where ingestion of the water is reasonably possible.
These uses include, but are not limited to, picnicking, sunbathing, hiking,
beachcombing, camping, boating, tide pool and marine life study, hunting,
sightseeing, or aesthetic enjoyment in conjunction with the above activities.
• Warm Freshwater Fishery (WARM) is defined as the use water to supports
warm water ecosystems including but not limited to, preservation or
enhancement of aquatic habitats, vegetation, fish and wildlife, including
invertebrates.
• Wildlife Habitat (WILD) is defined as the use of water that supports terrestrial
ecosystems including, but not limited to, the preservation or enhancement of
terrestrial habitats, vegetation, wildlife (e.g. mammals, birds, reptiles,
amphibians, invertebrates), or wildlife water and food sources.
The Santa Ana RWQCB has determined that Lake Elsinore is an impaired water
body (i.e. that it does not support all of the designated beneficial uses). This
impairment is believed to be caused by high nutrient levels and organic enrichment
which result in low dissolved oxygen concentrations (also described as hyper -
eutrophication), sedimentation /siltation, and unidentified toxicity from unknown
sources. The high nutrient /low dissolved oxygen levels in Lake Elsinore result in
the REC -i, REC -2, WARM, and WILD Beneficial Uses not being supported on a
year round basis. This condition is most common during warm weather conditions
when weather conditions promote extreme algal growth. The sources of the
sedimentation and siltation in the lake are believed to be from natural background
conditions, urban runoff, and storm sewers.
Because of the historic nutrient problems in Lake Elsinore, the RWQCB has
established a TMDL for nutrients. The City of Lake Elsinore and the Elsinore Valley
Municipal Water District (EVMWD) are jointly working to address these historic
nutrient issues through a lake oxygenation system and by limiting the amount of
nutrients being discharged into the lake. These program activities have resulted in
water quality improvements to Lake Elsinore.
The RWQCB also believes that pollutants commonly associated with urban runoff
such as: sediments, nutrients (including nitrogen and phosphorus), oil & grease,
pesticides, trash and debris, and other oxygen demanding substances have the
Lake Street Marketplace - 51
ileramhar o R
potential to effect water quality. As discussed below, during periods of high water
levels within Lake Elsinore, lake water is allowed to flow out of the outlet channel in
Temescal Wash which is a tributary to the Santa Ana River. According to the
Environmental Protection Agency, there are no identified water quality
impairments in Temescal Wash.
To ensure water quality standards and discharge requirements will not be violated,
the local urban runoff control program mandated by the RQQCB requires the
approval of a Final Water Quality Management Plan prior to the issuance of a
grading permit. The WQMP contains best management practices and other
measures necessary to protect water quality. The best management practices
identified in the Preliminary WQMP include design components such as the use of
landscape areas and larger trees to detain and hold run -off flows, channeling site
runoff into landscape areas, maximizing the use of landscape and pervious areas,
Filterra (treatment and retention) Basins, and property and business owner and
employee education to operate and maintain the center in a water quality friendly
manner.
The implementation of these practices is expected to minimize or eliminate any
impacts to water quality. The requirements to obtain City approval of the Final
WQMP is incorporated into Mitigation Measure IIYD -t. As a result of the best
management practices and other measures contained in the Preliminary WQMP,
the project is not expected to violate any water quality standards, waste discharge
requirements, or have a significant impact on the environment. Additional
information on pre -and post - development runoff volumes is discussed in Section
VIII.e.
b) Substantially deplete groundwater supplies or interfere substantially
with groundwater recharge, such that there would be a net deficit in
aquifer volume or a lowering of the local groundwater table level (e.g.,
the production rate of pre- existing nearby wells would drop to a level
which would not support existing land uses or planned uses for which
permits have been granted)? Less Than Significant Impact
The proposed project will not substantially deplete groundwater supplies or
interfere substantially with groundwater recharge, such that there would be a net
deficit in aquifer volume or a lowering of the local groundwater table level (e.g.. the
production rate of pre - existing nearby wells would drop to a level which would not
support existing land uses or planned uses for which permits have been granted).
Existing groundwater supplies in the area are managed by the Elsinore Valley
Municipal Water District to ensure continuing local water supplies. These
management activities include an emphasis on groundwater recharge. The
proposed project does not include activities that will substantially deplete
groundwater supplies or interfere with regional groundwater recharge. Any impacts
are considered less than significant and no mitigation measures are required.
Lake Street Marketplace 52
December 2oo8
c) Substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river, in a
manner which would result in flooding on- or off -site? Less Than
Significant Impact
The project as proposed will not alter the course of any river or stream and will not
alter the current drainage pattern in such a way as to cause flooding. The current
drainage pattern on the site is from north to south (along Lake Street) toward Lake
Elsinore, and this is expected to remain the same after the project is constructed.
Consequently no impacts are anticipated and mitigation measures are required.
d) Substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river, or
substantially increase the rate or amount of surface runoff in a manner,
which would result in flooding on- or off -site? Less Than Significant
Impact
The project as proposed will not substantially alter the existing drainage pattern of
the site or area or substantially increase the rate or amount of surface runoff in a
manner, which would result in flooding on- or off -site. The current drainage
pattern on the site is south toward Lake Elsinore via the City's stormdrain system.
The drainage pattern for the project will connect to and retain this pattern. As a
result, no significant impacts are anticipated and no mitigation measures are
required.
e) Create or contribute runoff water which would exceed the capacity of
existing or planned stormwater drainage systems or provide substantial
additional sources of polluted runoff? Less Than Significant Impact
The requirements of the urban runoff program for the Santa Ana River Basin
require that post - development flows be similar to the pre - development flows.
According to the hydrology report, the 2 -year and 10 -year storm event pre -
development runoff volumes are 0.15 and 1.35 cubic feet per second (cfs),
respectively. The equivalent unmodified post - development flow volumes are
expected to be 0.85 and 1.98 cfs. The WQMP proposes to use Filterra Basins and
on -site detention to reduce post - development flows to pre - development levels. The
final project design will be required to reduce run -off volumes to pre - development
levels as identified in the Final WQMP and hydrology report. This requirement is
contained in Mitigation Measure HYD -1. With the implementation of Mitigation
Measure HYD -1, any impacts are considered less than significant and no additional
mitigation measures are required.
f) Otherwise substantially degrade water quality? Less Than Significant
Impact with Mitigation Incorporated
The project as proposed will not otherwise substantially degrade water quality.
Compliance with the requirements of the Stormwater Pollution Prevention Program
(Mitigation Measures HAZ -1), Preliminary WQMP (Mitigation Measure HYD -1),
and the City's erosion control requirements will ensure that significant water quality
Lake Street Marketplace 53
December
impacts and violations of standards and requirements do not occur. With these
mitigation measures and standard requirements, any water quality impacts are
expected to be less than significant and no additional mitigation measures are
required.
g) Place housing within a ioo -year flood hazard area as mapped on a
federal Flood hazard Boundary of Flood Insurance Rate Map or other
flood hazard delineation map? No Impact
The project is proposing to construct commercial retail buildings. Consequently,
the proposed project will not place housing within a loo -year flood hazard area as
mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map or other
flood hazard delineation map. As a result, no impacts are anticipated and no
mitigation is required.
h) Place within a ioo -year flood hazard area structures, which would
impede or redirect flood flows? Less Than Significant Impact
The project does not propose to impede or redirect any of the existing drainage
flows. The southwest corner of the site is located within Zone "X ". The Federal
Emergency Management Agency (FEMA) describes Zone X as areas outside of high
risk flooding areas where localized flooding will be less than one foot in depth. This
puts the project site outside of the ioo -year flood hazard area. As a result, no
impacts are anticipated and no mitigation measures are required.
i) Expose people or structures to a significant risk of loss, injury or death
involving flooding, including flooding as a result of the failure of a levee
or dam? Less Than Significant Impact
The proposed project will is not located within a dam inundation area or an area
that is expected to experience severe flooding. In addition, the proposed structures
will be elevated the flood elevations identified for the nearby drainage course.
Consequently, the project is not expected to expose people or structures to a
significant risk of loss, injury or death involving flooding, including flooding as a
result of the failure of a levee or dam. No impacts are anticipated and no mitigation
required.
j) Inundation by seiche, tsunami, or mudflow? Less than Significant
Impact
The project site is not located in an area that is subject to seiches, mudflows, or
tsunamis. As a result, no impacts are anticipated and no mitigation measures are
required.
MITIGATION MEASURES
HYD -t Prior to the approval of the grading permit, the City shall review and
approve the Final Water Quality Management Plan as required by the
program requirements in effect at that time.
Lake Street Marketplace 54
December 2008
IX. LAND USE AND PLANNING
a) Physically divide an established community? Less Than Significant
Impact
The project site is located at the northwest corner of Mountain and Lake Streets.
The site is located at the intersection of an arterial roadway and collector street in a
single family residential area. The project is not proposing to eliminate any of the
existing streets in the area or to create any new arterial roadways or structures that
would divide the community. As a result, no significant impacts are anticipated and
no mitigation measures are required.
b) Conflict with any applicable land use plan, policy, or regulation of an
agency with jurisdiction over the project (including, but not limited to
the general plan, specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or mitigating an
environmental effect? Less Than Significant Impact
The project site is located within the Alberhill District and is designated as Single
Family Residential on the City's General Plan Land Use Map. The site is also
designated as Single Family Residential (R -1) on the City Zoning Map. The
proposed project is inconsistent with these designations. However, the project
includes a general plan amendment and change of zone to designate the site
General Commercial on General Plan Land Use Map and to zone the site as
Neighborhood Commercial (C -i) on the City Zoning Map. The proposed
commercial project is consistent with these designations. In addition, the most
recent version of the public hearing draft of the updated General Plan also
designates the site, as well as several properties north along Lake Street, as General
Commercial. The project is also expected to provide neighborhood- serving
commercial services that will help to reduce citywide traffic congestion and air
pollution by eliminating some vehicle trip from other currently congested areas.
Consequently, the proposed project will not conflict with any applicable land use
plan, policy, or regulation with the approval the general plan amendment and zone
change applications. As a result, no impacts are anticipated and no mitigation
measures are required.
c) Conflict with any applicable habitat conservation plan or natural
community conservation plan? Less Than Significant Impact
The project site is located within Criteria Cells #4155 and 4156. The purpose of
these criteria cells is to contribute to the assembly of Proposed Core 1 which
includes coastal sage scrub and chaparral habitats and consists of two conservation
blocks located east and west of Interstate -15. The project has completed a Joint
Project Review (JPR o8- o8- 20 -01) which has confirmed that the proposed project
is consistent with the land assembly requirements of the MSHCP. A more detailed
discussion on the Project's compliance and consistency with the MSHCP is found in
Section IV.f of this Initial Study. As a result, no impacts are anticipated and no
additional mitigation measures are required.
Lake Street Marketplace 55
December 2oo8
MITIGATION MEASURES
None required.
X. MINERAL RESOURCES
a) Result in the loss of availability of a known mineral resource that would
be a value to the region and the residents of the state? No Impact
According to Exhibit VI -7 of the General Plan, the project site is not located in an
area containing significant mineral resources. In addition, the soils information
contained in the geotechnical study did not identify any significant mineral
resources. The closest mineral resource areas are north of the project site around
the Temescal Wash Basin (along Lake Street near Interstate 15) and west of the
project site along the Rice Canyon channel. Consequently, the project will not result
in the loss of availability of a known mineral resource that would be a value to the
region and the residents of the state. As a result, no impacts are anticipated and no
mitigation measures are required.
b) Result in the loss of availability of a locally important mineral resource
recovery site delineated on a local general plan, specific plan or other
land use plan? No Impact
According to Exhibit VI -7 of the General Plan, the project site is not located in an
area designated for mineral resource recovery or production on the City's General
Plan. The closest mineral resource areas are north of the project site around the
Temescal Wash Basin (along Lake Street near Interstate 15) and west of the project
site along the Rice Canyon channel. The project will not result in the loss of a
locally important mineral resource recovery site delineated on a local general plan,
specific plan or other land use plan. As a result, no impacts are anticipated and no
mitigation measures are required.
MITIGATION MEASURES
None required.
XI. NOISE
The following technical study was prepared to address issues related to traffic, and
is available on the CD located in the back pocket of this IS /MND:
• "Lake Street Marketplace EIR Noise Impact Analysis"
• "Lake Street Marketplace EIR Noise Impact Analysis Addendum"
• "Lake Street Marketplace EIR Noise Impact Analysis Addendum — Revised
Site Plan Assessment"
Lake Street Marketplace 56
2008
a) Exposure of persons to, or the generation of, noise levels in excess of
standards established in the local general plan or noise ordinance, or
applicable standards of other agencies? Less Than Significant Impact
Potential noise impacts can occur both on -site and off -site. On -site project noise
impacts can result from adjacent vehicular traffic noise. Off -site noise impacts from
the operation of the shopping center on the adjacent residential uses can also occur.
For this project, additional noise impacts may occur from the hauling of excess soil
from the project site to the fill site.
Noise levels are measured on a logarithmic scale in decibels which are then
weighted and added over a 24 -hour period to reflect not only the magnitude of the
sound, but also its duration, frequency and time of occurrence. Various acoustical
scales and units of measurement have been developed. The most commonly used
noise measurement scales are Equivalent sound levels (Leq), Day -Night Average
sound levels (Ldn) and Community Noise Equivalent Level (CNEL).
Ldn value is a measure of the cumulative noise exposure of the community at a
given location. The Ldn value results from a summation of hourly Leq's over a 24-
hour time period with an increased weighting factor applied to the nighttime period
between ro:oo p.m. and 7:oo a.m. This noise rating scheme takes into account
those subjectively more annoying noise events, which occur during the normal
sleeping hours. Increased noise levels of 3 dBA are considered to be barely
perceptible to the human ear. Increases of 5 dBA are often perceptible but do not
generally result in potentially significant impacts.
Community Noise Equivalent Level (CNEL) is most often used in environmental
documents because it represents average noise conditions and generally best
reflects how the surrounding community will react to the ambient noise conditions.
CNEL carries a weighting penalty for noises that occur during the evening hours
(between 7:00 p.m. and io:oo p.m.). Because the CNEL values are typically within
one decibel of the day -night average sound level, they more accurately reflect the
typical daily sound characteristics.
A- weighted decibels (dBA) approximate the subjective response to the human ear to
a broad frequency noise source by discriminating against the very low and high
frequencies of the audible spectrum. They are adjusted to reflect only those
frequencies that are audible to the human ear. Examples of the decibel level of
various noise sources include the quiet rustle of leaves (to dBA), a library (35 dBA),
ambient noise outdoors (5o dBA), normal conversation at 5 feet (55 dBA) or a busy
street at 50 feet (75 dBA).
On -Site Construction Noise
During project construction, there will be a short term increase in ambient noise
levels. Most of this construction noise is expected to result from site grading and
the building construction. To ensure compliance with community standards, the
project will be conditioned to comply with the provisions of Chapter 17.78 of the
Municipal Code, as summarized in Mitigation Measure NOI -i will minimize any
Lake Street Marketplace 57
December 2oo8
adverse effects. These temporary noise levels are not expected to exceed the
standards and requirements established by the City of Lake Elsinore.
Off -Site Soil Hauling
To evaluate the possible impacts of hauling 92,810 cubic yards of material along
Lake Street a supplemental noise analysis was prepared. The analysis evaluated the
noise impacts for the haul trucks along Lake Street to the existing homes that are
located along Lake Street. The study conducted measurements at the rear of the
three homes that back onto Lake Street between Mountain Street and the export/fill
site. According to the study, the existing noise levels in the rear yards of the homes
varied from 43.5 to 59.o dBA Leq. With the additional truck trips the anticipated
noise levels varied from 45.7 to 59.8 dBA Leq. The relative increases range between
0.8 to 2.4 dBA Leq. Since variations of up to 3 dBA are considered to be barely
perceptible to the human ear, no significant impacts are expected and no additional
mitigation is required.
On -Site Road Noise
The project site is commercial shopping center located adjacent to Lake and
Mountain Streets. According to the Noise Analysis, the current Community Noise
Equivalent Levels (CNEL) around the site vary from 59.9 dB loo feet from the
centerline of Lake Street (Le. 40 feet into the site from future Lake Street) to less
than 52.9 dB along the western edge of the site. The western edge of the project site
is located approximately 500 feet west of the centerline of Lake Street. A third noise
measurement site located west of the project site indicated that current CNEL levels
are 51.3 dB. This third measurement site is located approximately ioo feet north of
Mountain Street. These existing community noise equivalent levels are consistent
with the goals contained in the City General Plan.
The General Plan indicates that CNEL's up to 75 dB are normally acceptable for
commercial land uses. Future noise levels at General Plan build -out, 100 feet from
the centerline of Grand Avenue (approximately 40 feet into the site), are expected to
be 69.5 dB. The 7o dB CNEL contour is located about 92 feet from the centerline of
Lake Street. Based upon the design of the project, the closest structures to Lake
Street are outside of the 7o dB CNEL. Along Mountain Street, the 7o dB CNEL
contours are located within the right -of -way. As a result, no road noise impacts are
anticipated on the site.
Roof Top Equipment Noise
Roof - mounted equipment can also generate noise that has a potential to effect
adjacent residential uses. This subject is discussed in more detail in Section XI.c of
this Initial Study.
With the implementation of the noise - related mitigation measures, no significant
impacts are expected to occur from traffic, construction, or operational noise levels.
Lake Street Marketplace 58
December 2008
b) Exposure of persons to or generation of excessive groundborne
vibration or groundborne noise levels? Less Than Significant Impact
Groundborne vibrations and noise can result from both the construction and
grading of the site. According to the geotechnical study, there are no soil conditions
on the site that require the use of unusual grading equipment or blasting which
would result in the creation of excessive groundborne vibrations. While some
localized vibrations may occur during the grading and soil hauling activities, any
impacts are expected to non - significant and limited to the project site. Once the
project is completed no excessive ground vibrations or noises are expected to occur.
Based upon these anticipated impacts and site development requirements, no
significant impacts are anticipated.
c) A substantial permanent increase in ambient noise levels in the project
vicinity above levels existing without the project? Less Than Significant
Impact
The proposed project will result in increases in ambient noise levels above existing
levels without the project. The site is currently mostly vacant and has a minimal
contribution to local ambient noise levels. Once constructed, the project will result
in a minor incremental increase in ambient noise levels. However much of the
future noise generated by the project will most likely be overshadowed by the noise
generated by vehicular traffic on Lake and Mountain Streets.
The most noticeable source of non - automotive noise from commercial development
is from roof - mounted equipment (such as exhaust fans and air conditioners). To
minimize potential noise impacts to adjacent residential properties, the buildings
located within fifty feet of the western and northern property lines shall have
parapet heights at least five feet in height to reduce the impacts of noise from air
conditioning units and other roof - mounted equipment. This requirement is
contained in Mitigation Measure NOI -2.
Grocery stores commonly have larger deliver trucks making routine deliveries
several times per week. This noise can be disruptive to people living nearby during
the evening and morning hours. To prevent evening noise impacts to the adjacent
residential uses no deliveries will be made to the center between the hours of 12 am
and 5 am. This noise mitigation requirement is contained in Mitigation Measure
NOI -3. With the implementation of these mitigation measures, no significant
impacts are anticipated.
d) A substantial temporary or periodic increase in ambient noise levels in
the project vicinity above levels existing without the project? Less
Than Significant Impact with the Incorporated Mitigation
The proposed project will result in temporary increase in ambient noise levels above
existing levels without the project during project construction. This is expected to
occur as the existing structures are demolished, the site graded, and the building
and other site improvements constructed. These noise impacts have the potential to
be significant considering the distance to adjacent residents and the amount of soil
Lake Street Marketplace 59
export required to construct the project.
Section 17.78.o80.F of Lake Elsinore Municipal Code requires that all construction
activities (except in emergencies) shall be limited to the hours of 7:oo a.m. to 7:00
p.m. and prohibited on Sundays and all legal holidays, that all construction
activities shall comply with the noise ordinance performance standards where
technically and economically feasible, and that all construction equipment shall use
properly operating mufflers. These requirements are included in Mitigation
Measure N0I -1. In addition, people working near the heavy equipment will be
exposed to high noise levels for short periods of time. This level, however, is below
the Occupational Safety and Health Administration (OSHA) noise exposure limit of
go dBA for 8 hours per day. The City and private contractors are required to
comply with OSHA requirements for employee protection during construction. The
discussion of the noise impacts from the export of excess soil from the site is
contained in Section XI.a of this Initial Study. With the implementation of these
noise control measures, no significant noise impacts are expected to occur.
e) For a project located within an airport land use plan or, where such a
plan has not been adopted, within two miles of a public airport or public
use airport, would the project expose people residing or working in the
project area to excessive noise levels? No Impact
The project site is not located within the influence area for any airport. The closest
general aviation airfield is Perris Valley Airport, which is located approximately ten
miles east northeast of the project and outside of the airport noise and safety
influence or flight surface control areas. As a result, no impacts are anticipated and
no mitigation measures are required.
f) For a project within the vicinity of a private airstrip, would the project
expose people residing or working in the project area to excessive noise
levels? No Impact
Skylark Field is located approximately six miles southeast of the project site.
Skylark Airport is used primarily by skydiving aircraft. Given the type of aircraft
that routinely use the airfield and the distance to the project site, no impacts are
anticipated and no mitigation measures are required.
MITIGATION MEASURES
NOI -1 During all project construction, the project developer shall be responsible
for complying with the provisions of Chapter 17.78 of the Municipal Code as
summarized below:
That all construction and general maintenance activities (except in an
emergency) shall be limited to the hours of 7:00 a.m. to 7:00 p.m. except
on Sundays and all legally proclaimed holidays.
• That all construction activities shall comply with the noise ordinance
performance standards where technically and economically feasible.
Lake Street Marketplace 6o
December 2oo8
• That all construction equipment shall use properly operating mufflers.
• That all construction equipment shall be operated as far away from
neighboring residential uses whenever possible.
NOI -2 Prior to the issuance of a building permit, the Community Development
Director shall verify that the parapet walls for all buildings located within
fifty feet of the western and northern property lines have parapets that are
at least five feet in height to reduce the impacts of noise from air
conditioning units and other roof - mounted equipment.
NOI -3 No deliveries shall made to businesses within the Lake Street Marketplace
between the hours of 12 am and 5 am. This requirement shall be included in
the conditions of approval for the project and incorporated into any
covenant, conditions, and restrictions (CC &R's), if applicable.
XII. POPULATION AND HOUSING
a) Induce substantial population growth in an area, either directly (for
example, by proposing new homes and businesses) or indirectly (for
example, through extension of roads or other infrastructure)? Less
Than Significant Impact
The proposed commercial project will provide neighborhood - serving commercial
and retail opportunities for existing and future residents in the surrounding area.
The project is not expected to result in a substantial increase in local population
growth in an area, either directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of roads or other
infrastructure). Though there is the potential for an additional increment of local
population growth if future business owners or employees move into the
community after businesses in the automotive center begin operation. However
this additional increment of growth potential is not expected to be significant. As a
result, any impacts are considered less than significant and no additional mitigation
measures are required.
b) Displace substantial numbers of existing housing, necessitating the
construction of replacement housing elsewhere? Less Than Significant
Impact
The project contains two residential units located on the northern -most portion of
the site. One unit is a mobile home unit moved onto the site in the mid- 1970's. The
other unit is a small single family unit that is in a neglected condition and not
occupied. Developing the proposed project will remove the two structures from the
property. The current residents of these units will be required to relocate to other
housing. However, because only two potential units are involved, the impact is not
expected to be significant and the construction of replacement housing is not
required. There are also many replacement housing units available within the
community and surrounding area. Consequently the project will not displace a
significant existing housing. As a result, no significant impacts are anticipated and
Lake Street Marketplace 61
December 2oo8
no mitigation measure is required.
c) Displace substantial numbers of people, necessitating the construction
of replacement housing elsewhere? Less Than Significant Impact
The project contains two residential units located on the northern -most portion of
the site. Both units are currently occupied. Developing the proposed project will
remove the two structures from the property. Using the current persons per
household for the City as a basis, there could be approximately six to eight residents
living on site (if both units were occupied). The development of this project will
require that the current residents of these units relocate to other housing units.
However, because only two potential units are involved, the impact is not expected
to be significant and the construction of replacement housing is not required. There
are also many replacement housing units available within the community and
surrounding area. Consequently, the project will not displace a significant number
of existing residents. As a result, no impacts are anticipated; and no mitigation
measures are required.
MITIGATION MEASURES
None required.
XIII. PUBLIC SERVICES
Would the project result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, need for new or
physically altered governmental facilities, the construction of which could cause
significant environmental impacts, in order to maintain acceptable service ratios,
response times or other performance objectives for any of the following services.
a) Fire protection? Less Than Significant Impact
The Riverside County Fire Department provides fire protection and safety services
to the City. The nearest fire station is Station No. 85, located at 29405 Grand
Avenue (at McVickers Parks) and is approximately one mile from the site.
Ambulance and paramedic services are provided by Goodhew Ambulance Service.
The project will participate in the Development Impact Fee Program as adopted by
the City of Lake Elsinore to mitigate impacts to fire protection resources. This will
provide funding for capitol improvements for land, equipment purchases, and other
equipment. The commercial retail of the project is not expected to result in
activities that create unusual fire protection needs or significant impacts. Any
impacts will be considered incremental and can be offset through the payment of
the appropriate Development Impact Fee.
b) Police protection? Less Than Significant Impact
Police protection services are provided by the City's Police Department as part of
the Riverside County Sheriffs Department. The nearest sheriffs station is located
at 333 Limited Street in Lake Elsinore. Traffic enforcement is provided for
Lake Street Marketplace 62
December 2oo8
Riverside County in this area by the California Highway Patrol with additional
support from the local County Sheriffs Department. The project will participate in
the Development Impact Fee Program as adopted by the City of Lake Elsinore to
mitigate impacts to police protection resources. As a result, the project is not
expected to result in activities that create unusual police protection needs or
significant impacts. Any impacts will be considered incremental and can be offset
through the payment of the appropriate Development Impact Fee.
c) Schools? Less Than Significant Impact
The proposed project is commercial in nature and is not expected to directly
increase student enrollment at schools within the Lake Elsinore Unified School
District ( LEUSD). LEUSD has established school impact mitigation fees to address
the facility impacts created by residential, commercial, and industrial development.
To offset any potential impacts, the project is required to pay appropriate school
fees, $0.42 per square foot (effective March 21, 2oo8) in accordance with the
LEUSD requirements. The amount of these fees may be increased annually and are
payable prior to building permit issuance. This requirement is contained in
Mitigation Measure PS -i. As a result, any impacts will be reduced to a less than
significant level after the payment of school mitigation fees. No other mitigation
measures are required.
d) Parks? No Impact
The proposed project is commercial in nature and is not expected to directly affect
community recreational facilities. In addition, the project will also not adversely
affect any existing parks, recreation sites or programs. As a result no impacts are
anticipated.
e) Other public facilities? Less Than Significant Impact
The proposed project may result in a slight increase in the demand for other
governmental services such as the economic development and the other community
support services commonly provided by the City of Lake Elsinore. The demand for
these additional public service impacts will be incremental and minor because of the
small size of the project. This increment of impact will be mitigated through the
payment of the appropriate Development Impact Fee (DIF) and through the City
budget for non - impact fee programs and expenses. The City budget is based upon a
combination of property tax, sales tax, user fees, and State and Federal government
pass - through funding. Most of these revenue sources are from commercial sales,
population, or development related, which means the more residents or business
activity within the City, the greater the amount of funding that could be available.
As a result, the project will not result in any significant impacts to these services,
and no additional mitigation measures, beyond the standard requirements, are
required.
Lake Street Marketplace 63
MITIGATION MEASURE,
December 2008
PS Prior to issuance of any building permit, the developer shall pay the
q P g
required school impact mitigation fees established b
Unified School District and in effect at the time of building Lake Elsinore
XTir. RECREATION g Permit issuance.
a) Increase the use of existing neighborhood and regional
recreational facilities, such that s ubstantial physical deterioration of the
facility would occur or be accelerated? parr °r other
No I— mnact
The proposed project is commercial in nature and is not expected to increase the
use of existing neighborhood and regional parks or other recreational facilities.
There are also no parks or recreational facilities in close proximity to the project
site. As a result no impacts are anticipated.
b) Include recreational facilities or require the construction or e
Of recreational facilities, which might have an adverse h
the environment? xPansion
NoNo I—� Ph ysical effect on
The proposed project is commercial in nature and is not expected to require the
construction or expansion of new recreational facilities. There are no
recreational facilities included in the project and none in close proximity to the
Project site. As a result no impacts are anticipated. parks or
MITIGATION MEASURE,
None.
XV• TRANSPORTATION /TRAFFIC
The following technical study was prepared to address issues related to traffic, and
is available on the CD located in the back pocket of this IS /MND:
• "Lake Street Marketplace Traffic Impact Analysis"
• "Lake Street Marketplace Traffic Impact Analysis Addendum"
• "Lake Street Marketplace Revised Site Plan Assessment'
a) Cause an increase in traffic
existing traffic load and , which is substanti in relation to the
capacity of the street system (i.e., result in a
substantial increase in either the number of vehicle trips, the volume to
capacity ratio on roads
Signifi cant Impart or congestion at intersections)? LesThan
The project is located on the west side of Lake Street. According to the General
Pl an, Grand
located Ave is categorized as a 120 foot r right-of- of -wa and at build-out out The Urban
y Arterial
Lake Street Marketplace xpected to consist of
M,
Decemberzoo8
three lanes in each direction separated by a 14 foot raised median. Additional
turn /acceleration lanes may be provided at key intersections when the additional
intersection capacity is required. Mountain Street, located along the west side of
the project, is a Collector Highway. The typical Collector Highway is located within
a 68 foot right -of -way and consists of one lane in each direction. Mountain Street is
referred to as an enhanced residential street in the traffic studies.
The traffic study evaluated intersection performance at the following key area
intersections to determine the effects of the project.
• Lake Street [NS] at Alberhill Ranch Road [EW]
• Lake Street [NS] at Mountain Street [EW]
• Lake Street [NS] at Lakeshore Drive [EW]
• Grand Avenue (Lake Street) [NS] at Broadway Avenue [EW]
• Grand Avenue (Lake Street) [EW] at Lincoln Street [NS]
• Lake Street [NS] at the future Nicolas Road [EW]
Intersection and roadway functioning is often described by its Level of Service
(LOS). LOS "A' constitutes light traffic conditions with no interruptions in service
or delays at intersections. While LOS "F" represents congested and unstable
conditions with slow moving traffic accompanied with significant delays at many
intersections. The City General Plan establishes a citywide goal for intersection
performance during peak traffic periods at Level of Service "D" or better. The
existing levels of service for the traffic study intersections are shown Table 7. At
present all of the study intersections operate at a level of service consistent with the
goals of the General Plan.
Table, 7 Existing Intersection Levels of Service
Study Intersection
AM Peak
PM Peak
Lake Street [NS] at
C
C
Alberhill Ranch Road [EW]
Lake Street [NS] at
C
B
Mountain Street [EW]
Lake Street [NS] at
D
D
Lakeshore Drive [EW]
Lakeshore Drive [EW] at
D
C
Terra Cotta Road [NS]
Grand Avenue (Lake Street) [NS] at
B
B
Broadway Avenue [EW]
Grand Avenue [EW] at
C
C
Lincoln Street [NS]
Lake Street Marketplace 65
December
The proposed project will result in additional vehicle trips on the citywide road
network. According to the traffic study, the project is expected to generate 4,o96
daily vehicle trip ends (2,048 total vehicle trips). During the AM peak hour, 178
vehicle trips would result (99 coming to the project and 79 leaving the project).
During the PM peak hour, 369 vehicle trips would result (183 coming to the project
and 186 leaving the project). Most of these vehicle trips will access the citywide
road network via Mountain and Lake Streets (except for trips to local residential
neighborhoods accessed via only Mountain Street).
To evaluate the future levels of service, the traffic study assessed 2010 (project
completion) traffic conditions. This assessment is based upon the combination of
the existing traffic conditions combined with projected areawide traffic increases,
project impacts as well as the traffic from the approved but not yet completed
projects in the vicinity of the Lake Street Marketplace. The anticipated levels of
service determined by this assessment are described in Table 8. As shown in Table
8, the future traffic conditions are consistent with the goals of the City General Plan.
Because a comprehensive update of the City General Plan is currently under
consideration, a supplemental General Plan Build -Out traffic analysis was prepared
for the intersection of Lake and Mountain Streets. According to this analysis, the
anticipated level of service at the morning and afternoon peak periods is Level of
Service "D ", which is consistent with the requirements of the City General Plan.
Table ;8 - 2010 Intersection Levels of Service
(with the Project and other scheduled improvements)
Study Intersection
AM Peak
PM Peak
Lake Street [NS] at
B
C
Alberhill Ranch Road [EW]
Lake Street [NS] at
C
D
Mountain Street [EW]
Lake Street [NS] at
D
D
Lakeshore Drive [EW]
Lake Shore Drive [EW] at
C
D
Terra Cotta Road [NS]
Grand Avenue (Lake Street) [NS] at
C
B
Broadway Avenue [EW]
Grand Avenue (Lake Street) [EW] at
C
C
Lincoln Street [NS]
Lake Street [NS] at
B
C
Nicolas Road [EW]
To evaluate the potential effects of hauling 92,810 cubic yards of soil from the
project site to the export/fill site a supplemental traffic analysis was prepared.
According to the analysis, the levels of service during this initial construction phase
will not substantially change during the soil haul portion of project construction.
Lake Street Marketplace 66
December
The Levels of Service at the intersection of Lake and Mountain Streets will be LOS
"C" for both the morning and afternoon peak periods during project grading. As a
result, no significant impacts are expected to occur.
The proposed project is consistent with the circulation system requirements of the
General Plan. As a result, no significant impacts are anticipated. In addition to the
physical roadway improvements in front of the project, the developer will be
required to mitigate any project impacts by paying its fair share toward the City of
Lake Elsinore's Development Impact Fee program and the regional Transportation
Uniform Mitigation Fee (TUMF) program. These requirements are included in
Mitigation Measures TR -1 and TR -2 and are expected to ensure that community
and areawide project impacts remain at a less than significant level.
b) Exceed, either individually or cumulatively, a level of service standard
established by the county congestion management agency for
designated roads or highways? Less Than Significant Impact
The proposed project will exceed, when analyzed cumulatively, a level of service
standard established by the county congestion management agency for designated
roads or highways. Neither Lake nor Mountain Streets in front of the project site
are designated as a Congestion Management Program (CMP) roadway. Many of the
vehicle trips leaving the area via Lake Street connect to the CMP network at
Interstate 15. The proposed project will add an additional increment of traffic to the
designated CMP network. The increment of potential impact associated with this
project will be mitigated by the existing road network fees contained in Mitigation
Measures TR -i and TR -2. Consequently, the project will not significantly affect the
designated CMP road network. Additional discussion on traffic conditions is also
provided under Item XV.a above. As a result, no significant impacts are anticipated.
c) Result in a change in air traffic patterns, including either an increase in
traffic levels or a change in location that results in substantial safety
risks? No Impact
The proposed project will not result in a change in air traffic patterns, including
either an increase in traffic levels or a change in location that results in substantial
safety risks. The maximum height of the project is significantly less than the height
of the surrounding terrain. Since the location and height of the project will not
affect air traffic patterns or air craft operations from any private or public airport,
no impacts are foreseen; therefore, no mitigation measures are required.
d) Substantially increase hazards due to a design feature (e.g., sharp
curves or dangerous intersections) or incompatible uses (e.g., farm
equipment)? Less Than Significant Impact
The project will not substantially increase hazards due to a design feature (e.g.,
sharp curves or dangerous intersections) or incompatible uses (e.g., farm
equipment). Both Lake and Mountain Streets near the site are straight without
sharp curves or dangerous intersections. Access and roadway improvements will be
designed to comply with design criteria contained in the Caltrans Design Manual
Lake Street Marketplace 67
December 2oog
and other City requirements and standards. Sight distance and signing and
pavement striping to and at the project driveways will be reviewed at the time of
final grading, landscape and street improvement plans. No significant impacts are
anticipated and no additional mitigation measures are required.
e) Result in inadequate emergency access? Less Than Significant Impact
The project has no potential to result in inadequate emergency access. Access to
and from the project will be provided via Lake Street (north -south arterial roadway)
and Mountain Street (east -west collector street). The project will construct
additional improvements to both Lake and Mountain Streets to implement the City
General Plan. The location and design of the project will not interfere with areawide
emergency access or the implementation of local emergency response plans. As a
result, no significant impacts are anticipated and no mitigation is required.
0 Result in inadequate parking capacity? Less Than Significant Impact
The project will not result in inadequate parking capacity. On -site parking spaces
will be required in accordance with the City's Zoning Code requirements for multi-
family residences. The Zoning Ordinance requires the project to provide 205
spaces. The proposed project will provide a total of 205 parking spaces. As a result,
no impacts are anticipated and no mitigation is required.
g) Conflict with adopted policies, plans, or programs supporting
alternative transportation (e.g., bus turnouts, bicycle racks)? Less Than
Significant Impact
Lake Street is identified as an Urban Arterial (6 -lanes with a raised median) in front
of the project. The cross section for an urban arterial incorporates a bike land on
each side of the roadway. The Riverside Transit Agency (RTA) currently has no bus
travel routes along Lake Street in front of the project site. Information on the
project has been provided to RTA which has not requested the placement of a bus
turnout or a bus stop in front of the project site. The placement of a neighborhood-
supporting shopping center in a predominantly residential area also supports the
alternative transit policies by providing opportunities for non - vehicular travel to
meet essential commercial service needs. As a result, no significant impacts are
expected and no mitigation is required.
MITIGATION MEASURES
TR -> Prior to the issuance of any building permit, the developer shall pay the
appropriate locally designated Development Impact Fees.
TR -2 Prior to issuance of any building permit, the developer shall pay the
appropriate Transportation Uniform Mitigation Fee.
Lake Street Marketplace - 68
December
XVI. LTi'ILITIES AND SERVICE SYSTEMS
a) Exceed wastewater treatment requirements of the applicable Regional
Water Quality Control Board? Less Than Significant Impact
The Santa Ana RWQCB regulates wastewater discharges within the drainage area
around Lake Elsinore. The proposed project will be connecting to the wastewater
treatment system operated by the Elsinore Valley Municipal Water District
( EVMWD). As discussed in Sections XVI.b. and XVLe, the sewer services provided
by EVMWD are currently available adjacent to the project site. The development of
the project is not expected to create any exceedences in waterwater treatment
standards. While the project will contribute an additional increment of wastewater
flow to EVMWD's waterwater treatment facilities, the project will also contribute
connection fees to address infrastructure impacts and monthly service charges to
address operational impacts. As a result, no significant impacts are anticipated and
no additional mitigation measures are required. Urban runoff - related water quality
impacts associated with project construction and operation are discussed in Section
VIII of this Initial Study.
b) Require or result in the construction of new water or wastewater
treatment facilities or expansion of existing facilities, the construction
of which could cause significant environmental effects? Less Than
Significant Impact
The project is within the service boundary for the Elsinore Valley Municipal Water
District ( EVMWD) which has indicated an ability to provide water and wastewater
service to the project. Existing water and sewer service infrastructure is available
adjacent to the project site. Consequently the project will not require or result in
the construction of new water or wastewater treatment facilities or expansion of
existing facilities; the construction of which could cause significant environmental
effects. As a result, any potential impacts are considered incremental and less than
significant. Other than the standard requirements to connect to the District's water
supply and wastewater treatment networks and the payment of connection fees, no
additional mitigation is required.
c) Require or result in the construction of new storm water drainage
facilities or expansion of existing facilities, the construction of which
could cause significant environmental effects? Less Than Significant
Impact
The project will not result in a substantial construction or expansion of new
areawide storm drainage facilities. The project will connect to the existing drainage
facility located in Mountain Street. These connections would convey on -site runoff
into the existing drainage system after treatment by the best management practices
identified in the Water Quality Management Plan (and discussed in Section VIII of
this Initial Study). Since no new or expanded storm drain facilities are proposed, no
significant impacts are anticipated.
Lake Street Marketplace 69
December 2oo8
d) Have sufficient water supplies available to serve the project from
existing entitlements and resources, or are new or expanded
entitlements needed? Less Than Significant Impact
According to the "Urban Water Management Plan" for the Elsinore Valley
Municipal Water District, there are sufficient water supplies to support
development within the City. The proposed project will create small increment of
additional demand for potable water supplies, however this additional increment is
considered to be less than significant. Other than the standard mandatory
connection and services fees and installation of onsite utility infrastructure, no
additional mitigation is required.
e) Result in a determination by the wastewater treatment provider, which
serves or may serve the project that it has adequate capacity to serve the
project's projected demand in addition to the provider's existing
commitments? Less Than Significant Impact
As described above, the project will result in an additional increment of demand for
wastewater treatment capacity. According to the best available data, there is
expected to be sufficient wastewater treatment capacity to handle the additional
increment generated by this project within the existing system. The collection and
treatment systems are also addressed in responses XVI.a and XVI.b above. Because
impacts are minor and incremental, they are considered to be less than significant.
Other than the standard mandatory connection and services fees and installation of
onsite utility infrastructure, no additional mitigation is required.
f) Be served by a landfill with sufficient permitted capacity to
accommodate the project's solid waste disposal needs? Less Than
Significant Impact
The proposed project will generate demand for solid waste service system capacity
and has a potential to contribute to potentially significant cumulative demand
impacts on the solid waste system. Waste from the area is transported to the 495
acre El Sobrante Landfill, located in Temescal Canyon, south of Corona. The El
Sobrante Landfill is owned and operated by a subsidiary of Waste Management, Inc.
the City's trash collection service provider. The El Sobrante Facility is permitted to
accept as much as io,000 tons of waste per day, and is currently accepting an
average of 8,000 tons per day during weekdays. At the current rate of disposal the
El Sobrante Facility has a life expectancy estimated at 36 years (approximately
2037). The proposed project will generate solid waste that is expected to be typical
of municipal solid waste generated by commercial and automotive uses. The project
is served by a landfill with sufficient permitted capacity to accommodate the
project's solid waste disposal needs. Combined with the City's mandatory source
reduction and recycling program the proposed project is not expected to cause any
adverse impact on the solid waste disposal system. As a result, these incremental
impacts are considered less than significant and no additional mitigation is
required.
Lake Street Marketplace 70
December 2008
g) Comply with federal, state, and local statutes and regulations related to
solid waste? Less Than Significant Impact
The project will comply with federal, state, and local statutes and regulations related
to solid waste. The project does not any propose activities that would conflict with
the any applicable programmatic requirements. In addition, any future
development shall comply with demolition and construction debris removal and
recycling requirements by contracting with the City's waste hauler /franchisee for all
bins and their removal in accordance with City Ordinance. As a result, the project
will comply with all of the applicable requirements and any impacts will be less than
significant. No additional mitigation measures are required.
MITIGATION MEASURES
None.
Lake Street Marketplace 71
December 2008
V. MANDATORY FINDINGS OF SIGNIFICANCE
The following are Mandatory Findings of Significance in accordance with Section 15o65
of the CEQA Guidelines.
a) Does the project have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop below self - sustaining
levels, threaten to eliminate a plant or animal community, reduce the
number or restrict the range of a rare or endangered plant or animal or
eliminate important examples of the major periods of California history
or prehistory? Less Than Significant Impact with Mitigation
Incorporated
Based on evaluations and discussions contained in this Initial Study, the proposed
project has a very limited potential to incrementally degrade the quality of the
environment because the site was previously developed, is not in an
environmentally sensitive location, and is consistent with the City General Plan. As
a result, the proposed project will not significantly affect the environment with
mitigation measures contained in this IS /MND.
b) Does the project have impacts that are individually limited, but
cumulatively considerable? ( "Cumulatively considerable" means that
the incremental effects of a project are considerable when viewed in
connection with the effects of past projects, the effects of other current
projects, and the effects of probable future projects.) Less Than
The proposed project will have impacts that are individually limited but are not
cumulatively considerable with mitigation measures. No cumulative environmental
impacts have been identified in association with the proposed project that cannot be
mitigated to a less than significant impact level or that were not identified through
the City's General Plan program. Given that the project's impacts are less than
significant, cumulative impacts are also not foreseen to be significant.
c) Does the
project have environmental
effects,
which will cause
substantial
adverse effects on human
beings,
either directly or
indirectly?
Less Than Significant Impact with Mitigation
Incorporated
The proposed project does not have the potential to significantly adversely affect
humans, either directly or indirectly with mitigation measures. While a number of
the project impacts were identified as having a potential to significantly impact
humans, with the identified mitigation measures and standard requirements these
impacts are expected to be less than significant. With implementation of the
identified measures, the proposed project is not expected to cause significant
adverse impacts to humans. All significant impacts are avoidable and the City will
ensure that measures imposed to protect human beings are implemented.
Lake Street Marketplace - 72
December 2oo8
VI. PERSONS AND ORGANIZATIONS CONSULTED
This section identifies those persons who prepared or contributed to preparation of this
document. This section is prepared in accordance with Section 15129 of the CEQA
Guidelines.
A. CITY OF LAKE ELSINORE
• Tom Weiner, Acting Director of Community Development
• Wendy Worthey, Principal Environmental Planner
• Kirt Coury, Associate Planner
• Ken Seumalo, City Engineer
• Norm Davidson, Fire Prevention Planning and Engineering Services
B. ENVIRONMENTAL CONSULTANTS
• CRM Tech (Cultural)
• EEI Geotechnical & Environmental Services, Inc (Phase I Environmental Site
Assessment)
• KWC Engineers (Water Quality and Drainage)
• Leighton Group ( Geotechnical)
• Madison Engineering (Hydrology)
• Pacific Southwest Biological Services (Biological)
• Urban Crossroads (Traffic, Noise and Air Quality)
C. OTHER AGENCY REPRESENTATIVES
• None
Lake Street Marketplace 73
December
MITIGATED NEGATIVE DECLARATION 2008 -10
The following Mitigated Negative Declaration is being circulated for public review in accordance with
the California Environmental Quality Act Section 21ogi and 21092 of the Public Resources Code.
Project Name: Lake Street Marketplace
(General Plan Amendment 2008 -01, Change of Zone 20o8 -02, Conditional Use
Permit 2008 -15, Commercial Design Review 2oo8 -o9, and Uniform Sign Program
2oo8 -02)
Project Applicant: Marinita Development Company, 3835 Birch Street, Newport Beach, CA 9266o
Project Location: Northwest corner of Lake and Mountain Streets, within the City of Lake Elsinore;
Assessors Parcel Number of 389 - 030 -014, 389-030 -015, 389- 03o -o16, 389-030 -
017, 389 - 030 -018, and 389 - 020 -048. The latitude and longitude location for the
project site is 33° 41'57" N, 119° 23'27" W.
Project Description: The proposed project consists of the construction and operation of up to 34,
square feet of multi- tenant commercial retail center. The City development
approval applications include a general plan amendment, change of zone,
conditional use permit, commercial design review, and uniform sign program.
The project also involves the export (off -site transport) of approximately 93,000
cubic yards.
FINDING
This is to advise that the City of Lake Elsinore, acting as the lead agency, has conducted an
Initial Study to determine if the project may have a significant effect on the environmental
and is proposing this Mitigated Negative Declaration based upon the following findings:
❑ The Initial Study shows that there is no substantial evidence that the project may have a significant
effect on the environment and a NEGATIVE DECLARATION will be prepared.
® The Initial Study identifies potentially significant effects but:
(1) Proposals made or agreed to by the applicant before this proposed Mitigated Negative
Declaration was released for public review would avoid the effects or mitigate the effects to
a point where clearly no significant effects would occur.
(2) There is no substantial evidence before the agency that the project may have a significant
effect on the environment.
(3) Mitigation measures are required to ensure all potentially significant impacts are reduced
to a less than significance level.
A MITIGATED NEGATIVE DECLARATION will be prepared.
If adopted, the Mitigated Negative Declaration means that an Environmental Impact Report
will not be required. Reasons to support this finding are included in the attached Initial
Study. The project file and all related documents are available for review at the City of Lake
Elsinore, Planning Division, 130 South Main Street, Lake Elsinore, CA 9 2 530•
NOTICE
The public is invited to comment on the proposed Mitigated Negative Declaratian during
the review period. 1 _
Lake Street Marketplace 74
December 2008
SITE PHOTOGRAPHS
Lake Street Marketplace 75
Site Photographs December 2oo8
Lake Street Marketplace 76
>. Northwest corner of Lake and Mountain Streets (looking northwest).
2. Mountain Street frontage (looking east).
Site Photographs December 2008
Lake Street Marketplace 77
3. Site Panorama A, Picture r, Southwest corner of the site (looking north).
4. Site Panorama A, Picture 2, Southwest corner of the site (looking northeast).
Site Photographs December 20o8
Lake Street Marketplace 78
5. Site Panorama A, Picture 3, Soutbwest corner of the site (looking east).
Site
December 2008
Lake Street Marketplace 79
7. Ornamental landscaping in the middle portion of the site (looking north).
8. Panorama B, Picture i. Middle portion of the site (looking east to Lake Street).
December 2008
Lake Street Marketplace 80
9. Panorama B, Picture z. Middle portion of the site (looking southeast).
10. Panorama B, Picture 3. Middle portion of site (looking south to Mountain Street).
December 2oo8
Lake Street Marketplace 81
ii. Panorama B, Picture 4. The areas to be graded are on the right side of the chain link
fence which is the northern property line for project site.
12. Panorama C, Picture r. Northeast corner of the site (looking west).
[Note: The existing residences are is located behind the ornamental landscaping in the
middle of the picture.]
December 2oo8
Lake Street Marketplace 82
13. Panorama C, Picture z. Northeast corner of the site (looking southwest).
14. Panorama C, Picture 3. Northeast corner of the site (looking south).
December 2008
Lake Street Marketplace 83
15. Close up of the existing onsite residences on the northern portion of the site.
16. Off-site grading area north of the existing residences (looking east).
December 2oo8
Lake Street Marketplace 84
18. Typical vegetation on Export/Fill Site.
December 2008
APPENDIX A - CEQA PROCESS DOCUMENTS
Lake Street Marketplace 85
December 2008
Appendix A1- Notice of Availability and Intent to Adopt a Mitigated
Negative Declaration
Lake Street Marketplace 86
SL OF //+
LADE LSIIYORE
DREAM EXTREME.
NOTICE OF AVAILABILITY AND INTENT TO ADOPT
A MITIGATED NEGATIVE DECLARATION
CITY OF LAKE ELSINORE
TO: RECIPIENT
SUBJECT: NOTICE OF AVAILABILITY AND INTENT TO ADOPT A
MITIGATED NEGATIVE DECLARATION FOR THE LAKE
STREET MARKE TPLACE PROJECT
Lead Agency:
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Contact: Tom Weiner, Acting Director of Community Development
The City of Lake Elsinore will be the Lead Agency and has prepared an Initial
Study /Mitigated Negative Declaration (IS /MND) for the above - referenced project. We
are requesting input from your agency regarding information, which is germane to your
agency's statutory responsibilities in connection with the proposed project. As
applicable, agencies will need to use the IS /MND prepared when considering permits or
other approvals for the project. A copy of the IS /MND, including project description,
location, and the potential environmental effects, is either contained in the attached
materials or is available for your review at the following locations in the City:
• City of Lake Elsinore Planning Department, 130 South Main Street, Lake Elsinore
• Lake Elsinore Library, 600 W. Graham Avenue, Lake Elsinore
A 3o -day review and comment period for this IS /MND is provided under state law. The
3o -day review period is in compliance with Section 15105(b) of the CEQA Guidelines.
Please send your comments to Tom Weiner Acting Director of Community Development
at the address shown above, and they must be received by January 9, 2009. In your
response, please provide the name for a contact person in your agency.
Project Title: Lake Street Marketplace
Project Location: Northwest corner of Lake and Mountain Streets, within the City of
Lake Elsinore; Assessors Parcel Number of 389-030-014, 389 - 030 -015, 389-03o -o16,
389 - 030 - 017, 389 - 030 -oi8, and 389 - 020 -048. The latitude and longitude location for
the project site is 33° 41'57" N, 117° 23'27" W
Project Description: The proposed project consists of the construction and operation
Of up to 34,194 square feet of multi- tenant commercial retail center. The City
development approval applications include a general plan amendment, change of zone,
conditional use permit, commercial design review, and uniform sign program. The
project also involves the export (off -site transport) of approximately 93,000 cubic yards
to a previously graded site approximately 3 /4 of a mile north of the project site.
We look forward to receiving your comments.
Signature: ^ �s
Name: Tom Weiner
Title: Acting Director of Community Development
Date: December 5, 2008
Telephone: (951) 674 -3124, ext 270
Appendix A2 - Notice of Completion to State Clearinghouse
Lake Street Marketplace 89
Form A
Notice of Completion & Environmental Document Transmittal F SCH #
Mail to: State Clearinelaouse,, PO Boa 3044, Saaantento,. CA 95812 -3094 (916) 445 -06I3
Project Title: Lake Street -Marketplace
Lead Agency: City of Lake Elsinore
Contact Person:
Tom Weiner
Street Address: 130 S. Main Street
Phone:
(951) 674 -3124 est 270
City: Lake Elsinore Zip: 92530
County:
Riverside
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Project Location:
_ _ _ _ _ _ _ _ _
_ _ _ _ _ — _ _ _ — _ _ _ -
Coausty: Riverside CityFNearest Community:
Lake Elsinore
Cross Streets: At the intersection of Lake and Mountain Streets
Zip Code: 92530
Lat I Long: 33 ° 41 ' 57" N t 117 ° 33
27 m w
Total Acres: 43
389-030-014,-015, - 016, -017,
San
Assessor Parcel Nos. -018, and 389- 020 -048 Section:
27 Twnshp: T5S
Range: R5w Base: Bernardino
Within 2 4fites: State Htwy 9 SR -74
waterways: Lake Elsinore
Airports NiA Railways:
N/A
Schools- NIA
Document Type:
❑ Other:
CEQA: ❑ NOP ❑ Supplement Subsequent EIR
NEPA: ❑ NOI
OTHER: ❑ Joint Document
❑ Early Cons (Prior SCH No.)
❑ EA
❑ Final Document
N Neg Dec ❑ Other
❑ Draft EIS
❑ Other
❑ Draft EIR
❑ FONSI
Document:
Local Action Type:
❑ General Plan Update ❑ Specific Plan
Rewne
❑Annexation
N General Plan Amendment ❑ Master Plan
❑ Prezone
❑ Redevelopment
❑ General Plan Flemem ❑ Plan red Lua Development
Use Permit
❑ Coastal Pemuit
❑ C .,,,n,. Plan ® Site Plan
® Land DituiotiSubdimion ® Other Unifonu Sipe Projuaw
Development Type:
❑ Residential: Units
Acres
❑ [mater Facilities:
Type
MUD
❑ Office: Sgft
Acres Etaployaer
❑ Transportation:
Type
N CommerciaE: Sqft. 34,194
Acres 4.3 Euploysar Unknonn ❑ Mining:
Mineral
❑ Industrial: Sg fl.
Acres Entptoyaes
❑ Potcer:
Tyye
If'arts
❑ Educational
❑ waste Treatment-
7 }pd
❑ Recreational
❑ Hazardous waste:
Type
❑ Other:
Funding (appros): Federal
S State $
Total $
Project Issues Discussed in
Document:
N Aesthetic +Visual
N FloodPlain{Fioodmg
N Scheols+Uuiwerities
N water Quality
® Agricultural Land
® Forest LandEire Heaurd
❑ Septic Systems
® water SupplylGromrdwater
AirQualityy
N Oeologiciserinu,
® SMer Capacity
N wetlaudaTaii-
N Archeological' istorical
N Minerals
® Soil Erosim''CompactiontGrading
N Wildlife
❑ Coastal Zone
N Noise
® Solid Waste
® Growth Inducing
® DrainagetAbsorption
N PopulatiaxBousing Balance
® Toxic Hazardous
N Land Use
❑ Economici7obs
® Public Senrices:Fadhtses
N Traffic—Circulation
N CSmmlatne Eff5as
❑ Fiscal
N RecreationTanis
® vegetation
❑ Other
Present Land DselZoning /General Plan Designation: General Commercial (General Plan), Neighborhood Commercial
(Zolmg)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ — — _ _ — — — _ _ _ _ _ _ .
Project Description: The construction and operation of a 34,194 square foot of multi- tenant commercial shopping
center. The project involves the export (off-site transport) of approximately 93,000 cubic yards of soil to a previously
graded vacant site located approximately a mile from the project site.
Reviewina Agencies Gheckiist Form A. Continued
✓
Resources Agency
Boating & Waterways
Coastal Commission
Coastal Conservancy
Colorado River Board
Conservation
Fish & Game
Forestry & Fire Protection
Office of Historic Preservation
Parks & Recreation
Reclamation Board
S.F. Bay Conservation & Development Commission
Water Resources (DWR)
Business, Transportation & Housing
Aeronautics
California Highway Patrol
C.4LTRANS District.", 8
Department of Transportation Planting
(headquarters)
Housing & Community Development
Food & Agriculture
Health & Welfare
Health Services
State & Consumer Services
General Services
OLA (Schools)
Public Review Period (to be filled in by lead agency)
KEY
S = Docunwrl semby lead agency
X = Document seat by SCH
✓ = Suggested distribution
Environmental Protection Agency
Air Resources Board
_ California Waste Management Board
SWRCB: Clean water Grants
SWRCB: Delta Unit
SWRCB: Water Quality
_ SWRCB: Water Rights
✓ Regional WQCBg 8 (Santa Ana Region)
Youth & Adult Corrections
Corrections
Independent Commission & Offices
_ Energy Cmurnissiou
✓ Native American Heritage Commission
Public Utilities Commissioa
Santa Monica Mountains Cars vancy
State Lands Commission
Tahoe Regional Planning Agency
Other
Starting Date Deoe aber l0, 2008 Ending Date January 09
9, 29
Signature Date 1 IS fS f of9
Lead Agency (Complete if applicable):
Consulting Firm: City of Lake Elsinore
Address: 130 S. Main Street
CbylStatelZip: Late Elsinore, CA 925.
Contact:
Phone: 9( 51)
Applicant: Mariana Devrelo meat Compan
Address: 3835 Birch Street
CitylStatelZip: Lalre Forest, CA 92660
Phone: 9( 51) 133 -3500
For SCH Use Only:
Date Received at SCH
Date Review Starts _
Date to Agencies
Date to SCH
Clearance Date
Nobs
Appendix A3 - Distribution List
Lake Street Marketplace 92
Lake Street Marketplace Project
DISTRIBUTION LIST
State Clearinghouse [15 copies]
Elsinore - Murrieta -Anza Resource
County of Riverside Planning
Governor's Office of Planning and
Conservation District
Department
Research
Attn: Robert Wheeler
Attn: Ron Goldman, Planning Dir.
1400 Tenth Street, Room 212
29071 Calle Del Buho
4080 Lemon Street, 9 1n Floor
Sacramento, CA 95814
Murrieta, CA 92563 -5661
Riverside, CA 92502
South Coast Air Quality
Lake Elsinore Unified School Dist
County Office of Education
Management Dist.
Attn: Mark Sattley, Fac Sery Director
Attn: Dave Long, Superintendent
Attn: Steve Smith
545 Chaney Street, Unit B
of Schools
21865 E. Copley Drive
Lake Elsinore, CA 92530
3939 13th Street
Diamond Bar, CA 91765 -4182
Riverside, CA 92502 -0868
U. S. Fish and Wildlife Service
Elsinore Valley Municipal Water Dist
Riverside County Transportation
Carlsbad Fish and Wildlife Service
Attn: Phillip M. Miller, District Eng
Commission
Attn: Karen A. Goebel
31315 Chaney Street
4080 Lemon Street, 3` Floor
6010 Hidden Valley Road
Lake Elsinore, CA 92530
Riverside, CA 92502 -2208
Carlsbad, CA 92011
U.S. Army Corps of Engineers
Morongo Band of Mission Indians
Riverside County Flood Control
Los Angeles District - Regulatory Br.
Attn: Robert Martin, Chairperson
ttn: Robert
and Water Conservation District
Attn: Robert Smith
rero Road
Attn: Dusty Williams, General Mgr
911 Wilshire Blvd.
Banning, CA 92220
g,
1995 Market Street
Los Angeles, CA 90017
Riverside, CA 92501
Southern California Association of
Soboba Band of Luiseno Indians
Riverside County Transportation
Department
Governments
Erica Helms
Attn: Juan Perez
818 W. Seventh Street, 12th Floor
P O Box 487
Lemon Street, 8 Floor
m 4080
Los Angeles, CA 90017
San Jacinto, CA 92581
Rive
Riverside, CA 92502 -1090
Southern California Gas Co.
Pechanga Tribal Government
Riverside Local Agency Formation
Attn: District Project Manager
Attn: Laura Miranda, Deputy General
Commission
Counsel
Attn: George J. Spiliotis
1981 Lugonia Avenue
12705 Pechanga Road
3850 Vine Street, Suite 110
Redlands, CA 92374 -9720
Temecula, CA 92593
Riverside, CA 92507 -4277
Southern California Edison Co
Shasta Gaughen, Assistant Director
Riverside County Clerk
Attn: Louis Davis
Cupa Cultural Center
Attn: M. Meyer
26100 Menifee Road
35008 Pala- Temecula Road
2724 Gateway Drive
Romoland, CA 92585 -9752
PMB Box 445
P.O. Box 751
Pala, CA 92059
Riverside, CA 92502 -0751
San Bernardino County Museum
Pechanga Tribal Government
Riverside County Habitat
Attn: Kathleen B. S Sr Sr.
ttn: Anna Hoover
Conservation Agency
Curator of Geologic Science
12705 Pechanga Road
Attn: Carolyn Syms Lh Dir.
2024 Orange Tree Lane
Temecula, CA 92593
4080 Lemon Street, 7 Floor
Redlands, CA 92374
Riverside, CA 92502
Lake Street Marketplace 93
Santa Ana Watershed Project Auth
Regional Conservation Authority
Riverside County Waste Mgmnt
Attn: Celeste Cantu, General Mgr
Attn: Executive Director
Attn: Sungkey Ma or Lesley Likins
P.O. Box 7729
3403 Tenth Street, Ste. 320
14310 Frederick Street
Riverside, CA 92513
Riverside, CA 92501
Moreno Valley, CA 92553
Mission Trail Library
City of Murrieta Planning Depart.
Lake Elsinore Library
34303 Mission Trail
One Town Square
600 W. Graham Avenue
Wildomar, CA 92595 -8436
24601 Jefferson Avenue
Lake Elsinore, CA 92530
Murrieta, CA 92562
Canyon Lake Library
City of Canyon Lake Planning
Sun City Branch Library
Railroad Canyon Road
Department
31516 Railroad Canyon Road
26982 Cherry Hills Boulevard
Canyon Lake, CA 92587 -9400
Canyon Lake, CA 92587
Sun City, CA 92586
Los Coyotes Band of Mission Indians
Cupa Cultural Center (Pala Band)
Ramona Band of Cahuilla Mission
Attn: Katherine Saubel,
Attn: Shasta Gaughan, Assistant Dir
Indians
Spokesperson
35008 Pala Temecula Road
Attn: Joseph Hamilton, Vice Chair
PO Box 189
PMB Box 445
PO Box 391670
Warner, CA 92086
Pala, CA 92059
Anza, CA 92539
Santa Rosa Band of Mission Indians
City of Wildomar Planning Dept.
City of Corona
Attn: John Marcus, Chairman
23873 Clinton Keith Rd., Suite 111
Attn: CEQA Document Reviewer
PO Box 609
Wildomar, CA 92595
400 Vicentia Avenue
Hemet, CA 92546
Corona, CA 92882
STATE AGENCIES RECEIVING A COPY OF THE DOCUMENT FROM THE STATE CLEARINGHOUSE
CALTRANS District #8
California Department of Fish &
California RWQCB — Santa Ana
Office of Forecasting /IGR /CEQA Rev
Game
Region
Attention: Nathaniel Pickett
Eastern Sierra — Inland Deserts
Attention: Mark Adelson
Fourth Street, MS 725
Attention: Leslie MacNair
3737 Main Street, Suite 500
San B
San Bernardino, CA 92401
3602 Inland Empire Blvd, C -220
Riverside, CA 92501 -33484
Ontario, CA 91764
Native American Heritage
Commission
Attn: Dave Singleton
915 Capitol Mall Room 364
Sacramento, CA 95814
Lake Street Marketplace 94
ORGANIZATIONS RECEIVING ONLY THE NOTICE OF AVAILABILITY
Stephen M. Miles, Esq.
Brenda Tomaras
Soboba Band of Luiseno Indians
Miles Law Group P.C.
Tomaras and Ogas, LLP
Attn: Harold Arres, Cultural
Soboba Band
10755 -F Scripps Poway Parkway
Resources Manager
9911 Irvine Center Drive, Suite 150
#281
P.O. Box 487
Irvine , CA 92618
San Diego, CA 92131
San Jacinto, CA 92581
Pechanga Band of Luiseno Indians
Robert J. Salgado, Senior
Lake Elsinore & San Jacinto
Attn: Paul Macarro
Chairperson
Watersheds Authority
Resource Center
Soboba Band of Luiseno Indians
P.O. Box 7729
12705 Pechanga Rd.
23904 Soboba Rd.
Riverside, CA 92513
Temecula CA 92592
San Jacinto, CA 92581
Soboba Band of Luiseno Indians
Lake Elsinore Chamber of
Cahuilla Band of Indians
Commerce
Attn: Anthony Madrigal, Jr.
Attn: Joseph Ontiveras
Attn: Kim Cousins, President
Chairperson
P.O. Box 487
132 W. Graham Avenue
PO Box 391760
San Jacinto, CA 92581
Lake Elsinore, CA 92530
Anza, CA 92539
Lake Street Marketplace 95
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