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HomeMy WebLinkAboutCity Council & SA Regular Agenda Packet 09-09-2014r L(tI E )1-,S1110RjE ,-V IWA City of Lake Elsinore Regular Agenda City Council NATASHA JOHNSON, MAYOR STEVE MANOS, MAYOR PRO TEM BRIAN TISDALE, COUNCIL MEMBER DARYL HICKMAN, COUNCIL MEMBER ROBERT MAGEE, COUNCIL MEMBER GRANT YATES, CITY MANAGER LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, September 9, 2014 7:00 PM Cultural Center CLOSED SESSION at 5:00 PM Cultural Center 183 N. Main St., Lake Elsinore, CA PUBLIC SESSION at 7:00 PM Cultural Center 183 N. Main St., Lake Elsinore, CA The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Council and Agency with valuable information regarding issues of the community. Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon subscribers can view the meetings on Channel 31. If you are attending this City Council Meeting, please park in the parking lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at City Hall on the Friday prior to the Council meeting and are available on the City's website at www.Lake-Elsinore.org. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the City Council. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk's Department at (951) 674-3124 Ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. City of Lake Elsinore Page f Printed on 91412014 City Council Regular Agenda September 9, 2014 CALL TO ORDER 5:00 P.M. ROLL CALL CITY COUNCIL CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GOV'T CODE § 54957(B)): CITY MANAGER PUBLIC COMMENTS CALL TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL CLOSED SESSION REPORT PRESENTATIONS / CEREMONIALS Presentation of new Quint Fire Truck by Riverside County Fire Department PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 1 MINUTE (Please read & complete a Request to Address the City Council form prior to the start of the City Council meeting and turn it into the City Clerk. The Mayor or City Clerk will call on you to speak.) CONSENT CALENDAR (All matters on the Consent Calendar are approved in one motion, unless a Council Member or any member of the public requests separate action on a specific item.) 1) ID# 14-274 Approval of Minutes Recommendation: It is recommended that the City Council approve the Minutes as submitted. Attachments: CC Minute Report 7-8-2014 CC Minutes 7-8-2014 City of Lake Elsinore Page 2 Printed on 9/4/2014 City Council Regular Agenda September 9, 2014 2) ID# 14-275 Warrant List Dated August 29, 2014 Recommendation: It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated August 29, 2014, Attachments: City Staff Report 09 09 14 Warrant Summary City 08 29 14 Warrant List City O8 29 14 3) ID# 14-276 Agreement and Escrow Instructions for Purchase and Sale of Real Property: APN 374-243-008 Recommendation: It is recommended that the City Council approve the Agreement and Escrow Instructions for Purchase and Sale of Real Property in substantially the form attached, direct the City Attorney to finalize the Agreement, authorize the Mayor to execute the Agreement in such final form as approved by the City Attorney, and direct the City Manager to execute the Certificate of Acceptance. attachments: Staff Report re Enniss Purchase Sale Agr Enniss Property (2) Purchase Sale Agreement Enniss 0914 4) ID# 14-277 Professional Services Agreement (PSA) with Quantum Consulting, Inc. (Consultant) for Construction Management I Inspection and Testing Services for Project No: Z10014 & Z10022, "FY2014-2015 Slurry Seal Program" Recommendation: 1.) Approve the Professional Services Agreement (for a not to exceed amount of $86,620 to Quantum Consulting (Consultant) for the construction managementlinspection and testing services for the Slurry Seal Program. 2.) Authorize the City Manager to execute the Professional Services Agreement between the City and Quantum Consulting, Inc. (Consultant). 3.) Establish a total project budget of $99,613 (including a 15% contingency) and authorize the City Manager to execute contract amendments not to exceed $99,613. Attachments: Notice to Award FY2014-2015 Slurry Seal CM SVCS PSA Slurry Seal Project City of Lake Elsinore Page 3 Printed on 91412014 City Council Regular Agenda September 9, 2014 5) ID# 14-278 Commercial Design Review No. 2014-01 - A request by California Gold Development for the development of a 18,800 square foot retail building with associated 15,000 square foot outdoor display area and associated improvements including two bio -retention basins parking and landscaping located at the northwestern corner of Collier Avenue (SR -74) and Enterprise Way (APN 377-120-002 <tel:377-120-002>& 038) Recommendation: 1.) Adopt Resolution No. 2014-067 A Resolution of the City Council of Lake Elsinore, California Regarding a Tractor Supply Company Retail Store located at the Northwestern Corner of Collier Avenue (SR -74) and Enterprise Way (APN 377-120-002 <tel:377-120-002>& 038), Adopting Mitigated Negative Declaration No. 2014-01 for Commercial Design Review No. 2014-01. 2.) Adopt Resolution No. 2014-068 A Resolution of the City Council of the City of Lake Elsinore, California Regarding a Tractor Supply Company Retail Store located at the Northwestern Corner of Collier Avenue (SR -74) and Enterprise Way (APN 377-120-002 <tel:377-120-002>& 038), Adopting Findings of Consistency with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) for Commercial Design Review No. 2014-01. 3.) Adopt Resolution No. 2014-069 A Resolution of the City Council of the City of Lake Elsinore Approving Commercial Design Review No. 2014-01 for a Tractor Supply Company Retail Store located at the Northwestern Corner of Collier Avenue (SR -74) and Enterprise Way (APN 377-120-002 <tel:377-120-002>& 038). Attachments: CDR 2014-01 - CC Staff Report -Tractor Supply 9-9-14 CDR 2014-01 -Vicinity Map -Tractor Supply 9-9-14 CDR 2014-01 - Aerial Photo - Tractor Supply 9-9-14 CDR 2014-01 - CC CEQA Resolution - Tractor Supply 9-9-14 CDR 2014-01 - CC MSHCP Resolution - Tractor Supply 9-9-14 CDR 2014-01 - CC Resolution - Tractor Supply 9-9-14 CDR 2014-01 - CC Conditions of Approval - Tractor Supply 9-9-14 CDR 2014-01 - IS -MND - Tractor Suoply 9-9-14 CDR 2014-01 - MMRP for IS -MND - Tractor Supply 9-9-14 CDR 2014-01 - Comments Letters re IS -MND -Tractor Supply 9-9-14 CDR 2014-01 - Letters in Support from Debra Wonq 8-18-14 CDR 2014-01 - Site Plan - Tractor Supply 9-9-14 CDR 2014-01 - Conceptual Grading Plan -_Tractor Supply 9-9-14 CDR 2014-01 - Colored Elevations - Tractor Supply 9-9-14 CDR 2014-01 - Preliminary Planting Plan -Tractor Supply 9-9-14 CDR 2014-01 - Color and Materials Board - Tractor Supply 9-9-14 CDR 2014-01 - PC Staff Report -Tractor Supply 8-19-14 PUBLIC HEARING(S) - None City of Lake Elsinore Page 4 Printed on 91412014 City Council Regular Agenda September 9, 2014 APPEALS) - None BUSINESS ITEMS) 6) ID# 14-279 Construction Contract Award - Proiect No: Z10014 & Z10022, "FY2014-2015 Slurry Seal Program" Recommendation: 1.) Award the construction contract for the FY2014-2015 Slurry Seal Project to American Asphalt South, Inc., in the amount of $548,358.35. Allocate a total construction budget of $630,612 (includes an approximate 15% construction contingency of $82,254). 2.) Authorize the City Manager to execute the contract with American Asphalt South, Inc. in the amount of $548,358.35,and authorize the City Manager to execute contract amendments not to exceed $630,612. Attachments: Notice to Award FY2014-2015 Slurry Seal Program American Asphalt South Agreement Slurry Seal Bid Proposal Slurry Seal Street Locations List Slurry Seal Location Vicinity Map 7) ID# 14-280 Amendment No.1 to the Proiect Development Cooperative Agreement Between the State of California Department of Transportation and the City of Lake Elsinore for the Reconstruction of Interstate 15 Railroad Canyon Road Interchange and Other Roadway Improvement Recommendation: 1.) Receive and Approve the 1-15/Railroad Canyon and other roadway improvements (Project) Amendment No. 1 to the Project Development Cooperative Agreement (Agreement) between the State of California Department of Transportation (CALTRANS) and the City for Project Approval and Environmental Document (PA&ED), Plans, Specifications and Estimates (PS&Es) and right of way activities (Project Development). 2.) Authorize the honorable Mayor to execute Agreement Amendment No. 1 in its final form. Attachments: AmendmentNo1RailroadCanyonlnterchangewithCaltrans Project Development Cooperative Agreement - Amendment 1 Project Development Cooperative Agreement 12.22 2008 City of Lake Elsinore Page 5 Printed on 91412014 City Council Regular Agenda September 9, 2014 8) ID# 14-281 Railroad Canyon Road and Franklin Street at Interstate 15 Interchange Improvement Project Approval and Enviromental Documentation (PA&ED) Recommendation: To receive and file City Consultant's presentation on the progress of Project Approval and Environmental Documentation (PA&ED) phase for Railroad Canyon Road and Franklin Street at Interstate 15 Interchange improvements. Attachments: Railroad Canyon Project Status Staff Report PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Request to Address the City Council form prior to the start of the City Council Meeting and turn it in to the City Clerk. The Mayor or City Clerk will call on you to speak.) CITY MANAGER COMMENTS CITY ATTORNEY COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT The Lake Elsinore City Council will adjourn this meeting to the next regularly scheduled meeting of Tuesday, September 23, 2014. The regular Closed Session meeting will be held at 5:00 p.m. at Cultural Center and the regular Public meeting will be held at 7:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA. AFFIDAVIT OF POSTING I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall 72 hours in advance of this meeting. Virginia J. Bloom, City Clerk City of Lake Elsinore Page 6 Printed on 9/4/2014 Li)l<,L Ct--SIHO L City of Lake Elsinore Regular Agenda Successor Agency NATASHA JOHNSON, CHAIR STEVE MANOS, VICE -CHAIR BRIAN TISDALE, AGENCY MEMBER DARYL HICKMAN, AGENCY MEMBER ROBERTMAGEE, AGENCYMEMBER GRANT YATES, EXECUTIVE DIRECTOR LAKE-ELSINOREORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, September 9, 2014 7:00 PM Cultural Center CLOSED SESSION - None PUBLIC SESSION at 7:00 PM Cultural Center 183 N. Main St., Lake Elsinore, CA The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Council and Agency with valuable information regarding issues of the community. Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon subscribers can view the meetings on Channel 31. If you are attending this City Council Meeting, please park in the parking lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at City Hall on the Friday prior to the Council meeting and are available on the City's website at www.Lake-Elsinore.org. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the City Council. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk's Department at (951) 674 3124 Ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. City of Lake Elsinore Page 1 Printed on 9/4/2014 Successor Agency Regular Agenda September 9, 2014 CALL TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL CLOSED SESSION REPORT - None PRESENTATIONS / CEREMONIALS - None PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 1 MINUTE (Please read & complete a Request to Address the Agency form prior to the start of the meeting and turn it into the Clerk. The Chair or Clerk will call on you to speak.) CONSENT CALENDAR (All matters on the Consent Calendar are approved in one motion, unless a Board Member or any member of the public requests separate action on a specific item.) 1) ID# 14-271 Approval of Minutes Recommendation: It is recommended that the Successor Agency approve the Minutes as submitted. Attachments: SA Staff Rpt Minutes for Approval SA Minutes 7-8-2014 2) ID# 14-272 Warrant List Dated August 29, 2014 Recommendation: It is recommended that the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore receive and file the Warrant List dated August 29, 2014. Attachments: SA RDA Staff Report 09 09 14 SA RDA summary 08 29 14 SA RDA Warrant 08 29 14 3) ID# 14-273 Lake Elsinore Redevelopment Agency - Asset Transfer Review Report. Recommendation: Receive and file the California State Controller's Office Asset Transfer Review Report. Attachments: SCO Audit Staff Report S14RDB910 PUBLIC HEARING(S) - None City of Lake Elsinore Page 2 Printed on 9/4/2014 Successor Agency Regular Agenda September 9, 2014 APPEAUS) - None BUSINESS ITEMS) - None PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES (Please road & complete a Request to Address the Agency form prior to the start of the Meeting and turn it in to the Clerk. The Chair or Clerk will call on you to speak.) EXECUTIVE DIRECTOR COMMENTS LEGAL COUNSEL COMMENTS AGENCY MEMBER COMMENTS ADJOURNMENT The Lake Elsinore City Council will adjourn this meeting to the next regularly scheduled meeting of Tuesday,q,2j2014. The regular Closed Session meeting will be held at 5:00 p.m. at Cultural Center and the regular Public meeting will be held at 7:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA. AFFIDAVIT OF POSTING I, Virginia J. Bloom, Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall 72 hours in advance of this meeting. WO&IMEW,%l�A . •�City Clerk City of Lake Elsinore Page 3 Printed on 9/4/2094 CITY OF LADE L LSIR0RE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: SEPTEMBER 9, 2014 SUBJECT: AGREEMENT AND ESCROW INSTRUCTIONS FOR PURCHASE AND SALE OF REAL PROPERTY: APN 374-243-008 Recommendation It is recommended that the City Council approve the Agreement and Escrow Instructions for Purchase and Sale of Real Property in substantially the form attached, direct the City Attorney to finalize the Agreement, authorize the Mayor to execute the Agreement in such final form as approved by the City Attorney, and direct the City Manager to execute the Certificate of Acceptance. Background The City was approached by the owner to offer the property for sale to the City. The property is a small triangular parcel of approximately .08 acres bounded by Lakeshore Drive, Limited Avenue and Kellogg Street. The property is zoned Commercial Mixed Use and is unimproved. As shown on the attached map, the property is in close proximity to the Seaport Boat Launch and could add to the number of parking spaces available for Lake visitors. Acquisition of the property would be a public benefit. Discussion Attached is an Agreement and Escrow Instructions for Purchase and Sale of Property which provides for the purchase of the property by the City for $29,000. Escrow fees will be paid equally by the City and the Seller and other costs shall be paid as is customary in real estate transactions in Riverside County. Agreement and Escrow Instructions for Purchase and Sale of Property September 9, 2014 Page 2 Fiscal Impact Funds from the City's Lake, Parks and Recreation Development Impact Fees are available to pay the $29,000 purchase price and escrow and related costs of acquisition. Prepared by: Barbara Leibold City Attorney Approved by: Grant Yates City Manager Attachments: Vicinity Map Agreement and Escrow Instructions PRILIPAR] 1) W, c: rry of ('11YO1 LAKI EIMNORI GIS CITY OF LAKE ELSINORE LA K1, :p [)A I A SO U RC I S: UUMHOPT CI lY 01 LAKE ELSINOlkh 61S APN 374-243-008 COUNi), 01 V' aim 61s CITY OF .r/`Q LADE �LSIf10R-E �� M DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: SEPTEMBER 9, 2014 SUBJECT: AMENDMENT NOA TO THE PROJECT DEVELOPMENT COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE CITY OF LAKE ELSINORE FOR THE RECONSTRUCTION OF INTERSTATE 15 RAILROAD CANYON ROAD INTERCHANGE AND OTHER ROADWAY IMPROVEMENTS Recommendation Receive and Approve the 1-15/Railroad Canyon and other roadway improvements (Project) Amendment No. 1 to the Project Development Cooperative Agreement (Agreement) between the State of California Department of Transportation (CALTRANS) and the City for Project Approval and Environmental Document (PA&ED), Plans, Specifications and Estimates (PS&Es) and right of way activities (Project Development). 2. Authorize the honorable Mayor to execute Agreement Amendment No. 1 in its final form. Background A Project Study Report examining potential alternatives to improve the Railroad Canyon Road at 1-15 interchange was initiated by the City in 2000. Subsequent to the Project Study Report, the City entered into the Agreement for Project Development on December 22, 2008. The Agreement terminates upon satisfactory completion/construction of the project on December 31, 2014, whichever is earlier in time. Discussion Project Development is progressing with the analysis of four alternatives in the PA&ED phase, but will not be constructed prior to December 31, 2014. Amendment No. 1 will extend the Agreement termination to completion of the Project and completion of an Agreement closure statement. The recommended action enables the City and Caltrans to continue to work closely in an effort to complete the (PA&ED) and project construction. Fiscal Impact There is no fiscal impact with Amendment No. 1. Prepared by: Ati Eskandari, P.E. Consultant Project Manager Vince Damasse, P.E. Public Works Director Approved by: Grant M. Yates City Manager Attached: Project Development Cooperative Agreement Project Development Cooperative Agreement Amendment No. 1 CITY OF i LADE LSIBORT DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: September 9, 2014 SUBJECT: Railroad Canyon Road and Franklin Street at Interstate 15 Interchange Improvement Project Approval and Environmental Documentation (PA&ED) Progress Update Recommendation To receive and file City Consultant's presentation on the progress of Project Approval and Environmental Documentation (PA&ED) phase for Railroad Canyon Road and Franklin Street at Interstate 15 Interchange improvements. Background On March 25, 2014, the City Council approved staff recommendation to include the Roundabout as an option to the current alternatives being analyzed and moving forward through the PA&ED phase. Subsequently, on May 28, 2014, following Riverside County Transportation Commission's approval of additional required funding, the design consultant team which included Roundabout and Traffic Engineering (RTE) initiated their technical analysis for the Roundabout alternative along Railroad Canyon Road and Interstate 15 Interchange. Per City Council direction, staff was directed to provide quarterly progress report updates to the City Council, Fiscal Impact There is no fiscal impact as result of this action. Roundabout Alternative Updates September 9, 2014 Page 2 Prepared by: Ati Eskandari, P.E. Consultant Project Manager Vince Damasse, P.E. Public Works Director Approved by: Grant M. Yates City Manager CITY <)FIt LAKE ISE LS 1 I`I O IZE DREAM EX-I-REME- REPORT TO CITY COUNCIL (SUCCESSOR AGENCY) TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES, CITY MANAGER DATE: SEPTEMBER 9, 2014 SUBJECT: RECEIVE AND FILE LAKE ELSINORE REDEVELOPMENT AGENCY — ASSET TRANSFER REVIEW REPORT Recommendation Receive and file the Lake Elsinore Redevelopment Agency ("RDA") Asset Transfer Review Report for the period January 1, 2011 through January 31, 2012 issued be the California State Controller's office. Background Pursuant to Health and Safety Code section 34167.5, the State Controller's Office (SCO) reviewed all asset transfers made by the Lake Elsinore Redevelopment Agency (RDA) to the City of Lake Elsinore (City) or any other public agency after January 1, 2011. This statutory provision states, "The Legislature hereby finds that a transfer of assets by a redevelopment agency during the period covered in this section is deemed not to be in furtherance of the Community Redevelopment Law and is thereby unauthorized." Therefore, their review included an assessment of whether each asset transfer was allowable and whether the asset should be turned over to the Successor Agency. The review applied to all assets including but not limited to, real and personal property, cash funds, accounts receivable, deeds of trust and mortgages, contract rights, and rights to payment of any kind. Discussion Attached is the final report of the State Controller's Office with respect to the dissolution of the former Redevelopment Agency of the City of Lake Elsinore. The purpose of the State Controller's Office Asset Transfer Review was to determine whether the former Redevelopment Agency made any transfers after January 1, 2011 in violation of state law applicable to such transfers. The report finds that no transfers were made in violation of applicable law, and therefore does not order any funds or other assets returned. Lake Elsinore Redevelopment Agency — Asset Transfer Review September 9, 2014 Page 2 This is very good news, and means that all loan and other payments made to the City by the former Redevelopment Agency are no longer subject to return or forfeiture. As you recall, both the Department of Finance and the State Controller's Office were required to perform "audits" of transfers by the former Redevelopment Agency going back to January 1, 2011. Lake Elsinore has now received final approval of the audits from both the DOF and the SCO and no illegal transfers were found by either agency. FISCAL IMPACT None. The State Controller's review found that the RDA transferred $121,118,540 in assets to the Successor Agency after January 1, 2011. The State Controller's office did not identify any unallowable transfers that occurred during the review period between the RDA, the City, and/or any other public agency. Prepared by: Jason Simpson Director of Administrative Services Approved by: Grant M. Yates City Manager Attachments: Lake Elsinore Redevelopment Agency — Asset Transfer Review (PDF) LAKE ELSINORE REDEVELOPMENT AGENCY ASSET TRANSFER REVIEW Review Report January 1, 2011, through January 31, 2012 JOHN CHIANG California State Controller August 2014 JOHN CHIANG Talifornin Mate wn#roller August 20, 2014 Nancy Lassey, Finance Manager Lake Elsinore Successor Agency 130 S. Main Street Lake Elsinore, CA 92530 Dear Ms. Lassey Pursuant to flealth and Safety Code section 34167.5, the State Controllers Office (SCO) reviewed all asset transfers made by the Lake Elsinore Redevelopment Agency (RDA) to the City of Lake Elsinore (City) or any other public agency after January 1, 2011. This statutory provision states, "The Legislature hereby finds that a transfer of assets by a redevelopment agency during the period covered in this section is deemed not to be in furtherance of the Community Redevelopment Law and is thereby unauthorized." Therefore, our review included an assessment of whether each asset transfer was allowable and whether the asset should be turned over to the Successor Agency. Our review applied to all assets including but not limited to, real and personal property, cash funds, accounts receivable, deeds of trust and mortgages, contract rights, and rights to payment ofany kind. We also reviewed and determined whether any unallowable transfers of assets to the City or any other public agency have been reversed. Our review found that the RDA transferred $121,118,540 in assets to the Successor Agency after January I, 2011. We did not identify any unallowable transfers that occurred during the review period between the RDA, the City, and/or any other public agency. If you have any questions, please contact Elizabeth Gonz6tez, Chief, Local Government Compliance Bureau, by telephone at (916) 324-0622. Sincerely, Original signed 1 y JEFFREY V. BROWNFIELD, CPA Chief; Division of Audits ,IVB/I<w Nancy Lassey, Finance Manager -2- August 20, 2014 cc: Paul Angulo, Auditor -Controller Riverside County David Botelho, Program Budget Manager California Department of Finance Richard J. Chivaro, Chief Legal Counsel State Controller's Office Elizabeth Gonzalez, Bureau Chief Division of Audits, State Controller's Office Betty Moya, Audit Manager Division of Audits, State Controller's Office Shadi Ahmadi, Auditor -in -Charge Division of Audits, State Controller's Office Lake Elsinore Redevelopment dgenci, Asset Tram o Review Contents Review Report Summary Background........................................................................................................................ 1 Objective, Scope, and Methodology................................................................................. 2 Conclusion.......................................................................................................................... 2 Views of Responsible Official........................................................................................... 2 RestrictedUse.................................................................................................................... 2 Labe l3lsinore Redevelopment Agenci, Asset t ransfer Review Asset Transfer Review Report Summary The State Controller's Office (SCO) reviewed the asset transfers made by the Lake Elsinore Redevelopment Agency (RDA) after January 1, 2011. Our review included, but was not limited to, real and personal property, cash funds, accounts receivable, deeds of trust and mortgages, contract rights, and rights to payments of any kind from any source. Our review found that the RDA transferred $121,118,540 in assets to the Successor Agency after January 1, 2011. We did not identify any unallowable transfers that occurred during the review period between the RDA, the City of Lake Elsinore (City), and/or any other public agency. Background In January of 2011, the Governor of the State of California proposed statewide elimination of redevelopment agencies (RDAs) beginning with the fiscal year (FY) 2011-12 State budget. The Governor's proposal was incorporated into Assembly Bill 26 (ABXI 26, Chapter 5, Statutes of 2011, First Extraordinary Session), which was passed by the Legislature, and signed into law by the Governor on June 28, 2011. ABX] 26 prohibited RDAs from engaging in new business, established mechanisms and timelines for dissolution of the RDAs, and created RDA successor agencies and oversight boards to oversee dissolution of the RDAs and redistribution of RDA assets. A California Supreme Court decision on December 28, 2011 (California Redeve/oprnew Association el al. v. Malosanlos), upheld ABXI 26 and the Legislature's constitutional authority to dissolve the RDAs. ABXI 26 was codified in the Ilealth and Safety (H&S) Code beginning with section 34161. H&S Code section 34167.5 states in part, "... the Controller shall review the activities of redevelopment agencies in the state to determine whether an asset transfer has occurred after January 1, 2011, between the city or county, or city and county that created a redevelopment agency or ally Other public agency, and the redevelopment agency." The SCO identified asset transfers that occurred after January 1, 2011, between the RDA, the City and/or any other public agency. By law, the SCO is required to order that such assets, except those that already had been committed to a third party prior to June 28, 2011, the effective date of ABXI 26, be turned over to the Successor Agency. In addition, the SCO may file a legal action to ensure compliance with this order. -1- Lake Elsinore Asset 7rnn.s1b Review Objective, Scope, Our review objective was to determine whether asset transfers that and Methodology occurred after January 1, 2011, and the date upon which the RDA ceased to operate, or January 31, 2012, whichever was earlier, between the city or county, or city and county that created an RDA, or any other public agency, and the RDA, were appropriate. We performed the following procedures: • Interviewed Successor Agency personnel to gain an understanding of the Successor Agency's operations and procedures. • Reviewed meeting minutes, resolutions, and ordinances of the City, the RDA, the Successor Agency, and the Oversight Board. • Reviewed accounting records relating to the recording of assets. • Verified the accuracy of the Asset 'Transfer Assessment Form. This form was sent to all former RDAs to provide a list of all assets transferred between January 1, 2011, and January 31, 2012. • Reviewed applicable financial reports to verify assets (capital, cash, property, etc.). Conclusion Our review found that the Lake Elsinore Redevelopment Agency (RDA) transferred $121,118,540 in assets to the Successor Agency after January 1, 2011. We did not identify any unallowable transfers that occurred during the review period between the RDA, the City, and/or any other public agency. Views of At an exit conference on June 26, 2014, we discussed the review results Responsible with Jason Simpson, Director of Administrative Services, who agreed With the review results. Mr. Simpson further agreed that a draft review Official report was not necessary and that the report could be issued as final. Restricted Use This report is solely for the information and use of the City of Lake Elsinore, the Successor Agency, the Oversight Board, and the SCO; it is not intended to be and should not be used by anyone other than these specified parties. "This restriction is not intended to limit distribution of this report, which is a matter of public record when issued final. Original signed bt, JEFFREY V. BROWNFIELD, CFA Chief, Division ofAudits August 20, 2014 -2- State Controller's Office Division of Audits Post Office Box 942850 Sacramento, CA 94250-5874 littp://hvww.sco.ca.gov S14-RDB-910 08-Riv-15-PM 16.5/21.0 I-15/Railroad Canyon Road Reconstruct Interchange EA OA4400 District Agreement No. 8-1416 A/1 Project Number 0800000016 AMENDMENT NO, 1 TO AGREEMENT THIS AMENDMENT NO. 1 TO AGREEMENT, ENTERED INTO EFFECTIVE ON _._ 12014, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and the CITY OF LAKE E.LSINORE, a body politic and a municipal corporation of the State of California, referred to herein as "CITY." RECITALS The parties hereto entered into an Agreement No. 8-1416 on December 22, 2008 defining the terms and conditions of a project to reconstruction of Interstate 15 (I-15)/Railroad Canyon Road Interchange and other roadway improvements, in the City of Lake Elsinore, referred to herein as "PROJECT." 2. It has been determined that PROJECT will not be completed prior to the termination date of said Agreement. IT IS THEREFORE MUTUALLY AGREED 1. The termination date specified in Article 25 of Section III of said Agreement is replaced in its entirety to read as follows: "This Agreement will terminate upon completion of PROJECT that all parties have met all scope, cost, and schedule commitments included in this Agreement and have signed a cooperative agreement closure statement, which is a document signed by parties that verifies the completion of PROJECT. However, all indemnification, document, retention, audit, claims, environmental commitment, legal challenge, hazardous material, operation, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement." 1 All other terms and conditions of said Agreement shall remain in full force and effect. District Agreement No. 8-1416 A/1 3. This Amendment No. ] to Agreement is hereby deemed to be a part of said Agreement. District Agreement No. 8-1416 A/I SIGNATURES PARTIES declare that: 1. Each PARTY is an authorized legal entity under California state law. 2. Each PARTY has the authority to enter into this agreement. 3. The people signing this agreement have the authority to do so on behalf of their public agencies. STA'T'E OF CALIFORNIA DEPARTMENT OF "TRANSPORTATION By:____ Basem E. Muallem, P.E. District Director CERTIFIED AS TO FUNDS: By: Lisa Pacheco District Budget Manager 3 CITY OF LAKE ELSINORE M. Mayor Attest: _ City Clerk APPROVED AS TO FORM: PROCEDURE: LN City Attorney OWNER(S): Gary L. Enniss and Martha L. Enniss APN: 374-243-008 ESCROWITITLE NO.: First American Title Insurance Company AGREEMENT AND ESCROW INSTRUCTIONS FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT AND ESCROW INSTRUCTIONS FOI2 PURCHASE AND SALE OF REAL PROPERTY (this "Agreement") is entered into as of September__, 2014, ("Reference Date") by and between the CITY OF LAKE ELSINORE, a California municipal corporation ("Buyer"), and GARY L. ENNISS and MARTHA L. ENNISS, husband and wife, as [insert vesting inlbrmationI (collectively, the "Seller"). This Agreement is for acquisition by the Buyer of certain real property hereinafter set forth in Attachment No. 1 to Exhibit "A" and is made on the basis of the following facts, intentions and understandings. RECITALS A. Seller is the present owner of that certain unimproved real property located in the City of Lake Elsinore, California, generally described as Assessor's Parcel No. 374-243-008 and more particularly described in Attachment No. 1 to Exhibit "A" (the "Property"). B. Seller desires to convey fee simple absolute title in the Property to Buyer in accordance with the terms and conditions of this Agreement, and Buyer desires to acquire the Property in accordance with this Agreement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, receipt of which is acknowledged, the parties agree as follows: ARTICLE I PURCHASE AND SALE; PURCHASE PRICE• PUBLIC PURPOSE 1.1 Purchase and Sale. Buyer agrees to purchase the Property from Seller and Seller agrees to sell the Property to Buyer, ou and subject to the conditions, covenants and terms contained in this Agreement. 1.2 Purchase Price. The purchase price shall be Twcuty-Nine Thousand Dollars ($29,000) (the "Purchase Price"). 1.3 Public Purpose. Buyer desires to pwrchase the Property for a public purpose. ARTICLE II ESCROW 2.1 Open Escrow. Within five (5) days after the execution of this Agreement by both parties, Seller and Buyer shall open escrow ("Escrow") with First American Title Insurance Company (the `Escrow/Title Company") located at 43620 Ridge Park Drive, Suite 200, Temecula, CA 92590, Attention: Debra Fritz. 2.2 Close of Escrow. The "Close of Escrow" shall mean the time and day the Grant Deed is filed for record with the Riverside County Recorder, which shall be on or before forty-five (45) days after the opening of Escrow ("Closing Date"), The Close of Escrow shall be in accordance with Article IV of this Agreement. 2.3 Escrow Instructions. This Agreement shall constitute joint primary escrow instructions to the Escrow/Title Company; provided, however, that the parties shall execute such additional instructions as requested by the Escrow/Title Company not inconsistent with the provisions hereof. In the event of any inconsistency between such escrow instructions and this Agreement, this Agreement shall control the rights and obligations of the parties. ARTICLE III CONDITIONS PRECEDENT The purchase and sale under this Agreement shall be subject to the satisfaction of the conditions precedent set forth in this Article III (unless waived in writing by the party to whom the benefit of such condition runs) on or before the Closing Date or such earlier date as is specified in this Agreement, each of which conditions shall be a covenant of the party required to perform such condition. 3.1 Conditions to Buyer's Obligations and Due Diligence Period. A. Delivery of Title and Title Insurance. Seller shall convey title to the Property to Buyer at the Close of Escrow, subject only to Permitted Exceptions. The term "Permitted Exceptions" shall mean: (i) liens for real property taxes shown as exceptions in the Title Report provided that the taxes are not delinquent; (ii) the standard exclusions to coverage under Escrow/Title Company's ALTA Extended Coverage Owner's Policy of Title Insurance ("Title Policy"); and (iii) any other lien, encumbrance, title exception or defect that appears in the Title Report which Buyer has approved or which is caused by Buyer prior to the Close of Escrow. Notwithstanding the foregoing, in no event shall the following be considered Permitted Exceptions: deeds of trust or mortgages; judgments; mechanics' and materialmen's liens; tax liens; or liens, encumbrances or other title matters created by Seller after the date of this Agreement without the prior written consent of Buyer. Buyer agrees that Seller's obligation to convey title to Buyer shall be deemed satisfied upon Escrow/Title Company's willingness to issue the Title Policy subject only to the Permitted Exceptions. B. Delivery of Title Report. Within five (5) days following the opening of Escrow and at Buyer's expense, Escrow/Title Company shall deliver to Buyer a preliminary title report for the Property ("Title Report") together with copies of any exceptions referred to in Schedule B of the Title Report. C. Due Diligence Period. Buyer shall have thirty (30) days after the opening of Escrow (the "Due Diligence Period") to (i) review the exceptions, legal descriptions and other matters contained in the Title Report and (ii) conduct or review such surveys, investigations, studies and inspections and make or review such geologic, environmental and soils tests and other studies of the I'm -chase & Sale Agreement Enniss 0914 Property which Buyer deems necessary and appropriate in its sole and absolute discretion, including any "Phase I" and/or "Phase 2" investigations of the Property and such soils, geological, toxic waste, hazardous substance, and/or any other kind of soil or water contamination tests and analyses. Seller shall deliver to Buyer during the Due Diligence Period any other documents relating to the Property to the extent they are requested by Buyer and reasonably available to Seller. Buyer shall promptly provide to Seller a copy of all reports and test results. If the Buyer reasonably determines within the Due Diligence Period that the condition of title or the condition of the Property is not satisfactory for any reason, Buyer may elect to terminate this Agreement by promptly notifying the Seller and Escrow/Title Company in writing of its decision to terminate. D. Access to Property. Seller hereby grants to Buyer and any of Buyer's consultants a right of entry to the Property at reasonable times for the purpose of conducting soils and geological investigation and tests for toxic or hazardous substances and other contamination. Buyer may perform such tests either before or after the opening of Escrow as part of an environmental site assessment or in accordance with the Comprehensive, Environmental Response, Compensation and Liability Act (42 USC 9061 et seq.). With respect to such entry and investigation, Buyer shall be responsible for all costs and expenses associated with the inspection and such other cost as may be related thereto. E. Representations and Warranties. Each of the representations and warranties by Seller contained in Section 8.1 was true and correct in all material respects as of the date made and continues to be true and correct in all material respects as of the Close of Escrow. F. Delivery of Close of Escrow Documents. Execution, delivery and acknowledgement as appropriate by Seller of the Close of Escrow documents set forth in Section 4.1B(ij and other necessary Close of Escrow documents as may be reasonably requested by Buyer or Escrow/Title Company. G. No Material Change. No material change in the status of the use, title, occupancy or physical condition of the Property, unless caused by Buyer or its agents, shall have occurred with respect to the Property prior to Close of Escrow that has not been approved in writing by Buyer, which approval can be withheld in Buyer's sole discretion. Additionally, Seller shall (i) maintain its existing insurance policies in full force and effect; (ii) provide prompt written notice to Buyer of any casualty or condemnation affecting any portion of the Property after the date of this Agreement; (iii) deliver to Buyer, promptly after receipt by Seller, copies of all notices of violation issued by any governmental authority with respect to the Property received by Seller after the date of this Agreement; (iv) advise Buyer promptly of any litigation, arbitration or other judicial or administrative proceeding which concerns or affects the Property; and (v) comply in material respects with the requirements of all contracts, licenses, permits, approvals, guaranties and warranties. H. Seller Performance. Seller shall have performed each and every undertaking, covenant and agreement required to be performed by Seller under this Agreement prior to or at the Close of Escrow. 3.2 Conditions to Seller's Obligations. A. Delivery of Purchase Price. Buyer shall have deposited the Purchase Price and Buyer's share of costs described in Section 4.2 A. (ii) below with Escrow/Title Company. B. Representations and Warranties. Each of the representations and warranties by Buyer contained in Section 8.2 below shall be determined to have been true and correct in all material Purchase & Salc Agicement Enniss 0914 3 respects as of the date made and shall continue to be true and correct in all material respects as of the Close of Escrow. C. Delivery of Close of Escrow Documents. Execution, delivery and acknowledgement as appropriate by Buyer of the Close of Escrow documents set forth in Section 4.1 B(ii) and other necessary Close of Escrow documents as may be reasonably requested by Buyer or Buyer shall not have deposited the Purchase Price and Buyer's share of costs described in Section 4.3(b) above with Escrow/Title Company. D. Buyer Performance. Buyer shall have performed each and every undertaking, covenant and agreement required to be performed by Buyer under this Agreement prior to or at the Close of Escrow. 3.3 Failure of Conditions. The failure of Seller or Buyer to satisfy any of the conditions precedent contained in this Article III within the times specified in this Agreement shall constitute a default hereunder and unless such conditions are waived or the time for satisfaction extended by the party to whose benefit the conditions run, the parry to whose benefit the conditions run shall have the right to terminate this Agreement by delivering written notice to the other party and Escrow/Title Company. ARTICLE IV CLOSE OF ESCROW 4.1 Close of Escrow. The purchase and sale of the Property shall be consummated on or prior to the Closing Date in accordance with the following: A. Time. When Escrow/Title Company is in a position to issue the Title Policy and all required documents and funds have been deposited with Escrow/Title Company, and Buyer and Seller have advised the Escrow/Title Company in writing that the Conditions of Close of Escrow sett forth herein have been satisfied or waived, Escrow/Title Company shall immediately close Escrow as provided below. B. Close of Escrow Documents. (i) Seller. No later than the day prior to the Closing Date, Seller shall duly execute and acknowledge as appropriate and deliver to Escrow/Title Company the following: (a) A grant deed ("Deed") conveying the Property to Buyer in the form attached to this Agreement as Exhibit C; (b) A Non -foreign Entity Affidavit ("Affidavit"), in the form attached to this Agreement as Exhibit D, pursuant to Section 10.2; and (c) Such documents and instruments as Escrow/Title Company may reasonably require to evidence the due authorization and execution of the dOenments and instruments to be delivered by Seller under this Agreement and to issue the Title Policy. The obligations of Seller to deliver documents and instruments into Escrow in accordance with this Section 4.1B i are separate, independent covenants of Seller and shall not be conditioned upon Buyer's deliveries in accordance with Section 4.1 B(ii). (ii) Buyer. No later than the day prior to the Closing Date, Buyer shall duly execute and acknowledge as appropriate and deliver to the Escrow/Title Company the following: Purchase & Sale A icemen) Innis 0914 4 (a) The amount of the Purchase Price, along with Buyer's share of any costs and expenses to be paid to or through Escrow/Title Company, less the Deposit; (b) A Change of Ownership Statement, as required by Escrow/Title Company or Escrow/Title Company; (c) Such documents and instruments as Escrow/Title Company may reasonably require to evidence the due authorization and execution of the documents and instruments to be delivered by Buyer under this Agreement and to issue the Title Policy. The obligations of Buyer to deliver funds, documents and instruments into Escrow under this Section 4.1B(ii) shall be separate, independent covenants of Buyer and shall not be conditioned upon Seller's deliveries in accordance with Section 4.1 B(i). C. Close of Escrow Procedure. At such time as the Escrow/Title Company has received all of the items specified in Section 4.1 B, and at such time as Escrow/Title Company is prepared to issue the Title Policy in accordance with Section 3.1 B Buyer and Seller hereby authorize and instruct Escrow/Title Company to: (i) cause Escrow/Title Company to record the Deed, and issue the Title Policy to Buyer; (ii) pay any applicable recordation fees and transfer taxes; (iii) compute pro -rations relating to the Property for the accounts of Seller and Buyer; (vi) pay to Seller an amount equal to the Purchase Price, less any pro -rations chargeable to Seller and any amounts payable by Seller to Escrow/Title Company for its services and expenditures in connection with this Agreement; (iv) pay to Buyer the balance of the funds then held by Escrow/Title Company, less any pro -rations chargeable to Buyer and any amounts payable by Buyer to Escrow/Title Company for its services and expenditures in connection with this Agreement; and (vii) deliver to Buyer and Seller a conformed copy of the Deed showing the recording information. 4.2 Fees; Expenses; Prorations. A. Fees Expenses, Transfer Taxes. (i) Soller. Seller shall pay or satisfy, as applicable: (a) all documentary transfer taxes imposed in connection with the recording of the Deed; (b) one-half (/) of the Escrow fees; (c) the cost of the Title Policy for Buyer in the amount of the Purchase Price; and (d) any other customary fees and charges and expenditures authorized by Seller. (ii) Buyer. Buyer shall pay: (a) one-half ('/) of the Escrow fees; (b) the cost of recording the Deed and all other documents recorded at the Close of Escrow; and (c) any other customary fees and charges and expenditures authorized by Buyer. Buyer shall have the right to procure an ALTA Extended Coverage Owner's Policy of Title Insurance ("ALTA Policy") and Buyer shall pay for the increased cost Of such ALTA Policy above the cost of the Title Policy, the cost of any survey that the Escrow/Title Company requires for issuance of an ALTA Policy and for the cost of any other increase in the amount or scope of title insurance if Buyer elects to increase the amount or scope of title insurance coverage or to obtain endorsements to the Title Policy or ALTA Policy. All other costs, if any, shall be apportioned between Buyer and Seller in the customary manner for real estate transactions in the County of Riverside, State of California. B. Real Property Taxes and Assessments. All real property taxes and assessments for the fiscal years of the taxing and assessing authorities in which the Close of Escrow occurs shall be prorated on the basis of a three hundred sixty -'five (365) day year at the Close of Escrow with appropriate debits and credits to the accounts of Buyer and Seller so that Seller shall be responsible for paying all of Purchase & Sale Aycemcnl Hnniss 0914 the same, to the extent duly allocable to the period ending on the day immediately prior to the Closing Date and Buyer shall be responsible for paying all of the same (if any shall be due), to the extent duly allocable to the period commencing upon the Closing Date. C. Commissions. Buyer and Seller represent and warrant to each other that no person or entity may claim or is entitled to a real estate commission, finder's fees or any similar payments with respect to this Agreement or the sale of the Property. Buyer and Seller shall each protect, defend, indemnify and hold the other harmless from and against all such claims for real estate commissions, finder's fees or any similar payments with respect to the sale of the Property in accordance with this Agreement. ARTICLE V BREACH 5.1 General. if either party breaches its obligations under this Agreement prior to the Close of Escrow, then the other party may, without terminating this Agreement, suspend performance by giving written notice to the other party until such breach is cured by the other party. Except for Seller's and Buyer's respective delivery obligations under Article IV, including, without limitation, Buyer's delivery to the Escrow/Title Company of the Purchase Price, neither party shall be in default under this Agreement unless it 'fails to cure a breach of such party's obligations under this Agreement within twenty-four (24) hours after receipt of written notice of such breach from the non -breaching party. Nothing contained in this Agreement is intended nor shall permit any party in default to terminate this Agreement or the Escrow provided for in this Agreement as a result of such default. 5.2 Termination. If either party breaches any of its obligations under this Agreement prior to the Close of Escrow and fails to cure such breach within twenty-four (24) hours after receipt of written notice from the other party, then the non -defaulting party may terminate this Agreement by written notice to the defaulting party and to the Escrow/Title Company. Termination of this Agreement shall be without prejudice as to whatever legal rights the party may have against the other arising out of this Agreement. If neither party has fully complied with the provisions of Escrow and notice has not been delivered pursuant to Section 5.1, then Escrow/Title Company shall proceed with the Close of Escrow as soon as possible. ARTICLE VI CONDITION OF PROPERTY 6.1 "As Is" Condition. The Property is purchased and sold in "AS IS" condition. Buyer, as specified in Section 3.IC, has or shall have inspected and conducted tests, inspections, investigations and studies of the Property as Buyer, in Buyer's discretion, deems necessary. Buyer represents that it is acting and will act only upon information obtained by it from its own inspection and investigation of the Property and upon the express representations of Seller contained in this Agreement. ARTICLE VH REPRESENTATIONS AND WARRANTIES 7.1 Seller's Representations and Warranties. In consideration of Buyer's entering into this Agreement and as an inducement to Buyer to purchase the Property, Seller makes the following covenants, representations and warranties, each of which is material and is being relied upon by Buyer (and the continued truth and accuracy of which shall constitute a condition precedent to Buyer's obligations hereunder): Purchase & Snlc Agreement Fnniss 0914 6 A. Authority. Seller has the full power and authority to sell the Property, and this Agreement has been duly and validly authorized, executed and delivered by Seller and no other authorization or third party consent is requisite to the valid and binding execution, delivery and performance of this Agreement by Seller. B. Encumbrances. Seller is the owner of the fee interest in the Property free and clear of all liens, encumbrances and other matters other than those set forth in the Title Policy and the Property is not subject to any outstanding contract of sale, right of first refusal or purchase option, in favor of any person or entity, except Buyer. Seller will not sell, lease, sublease, assign, mortgage or otherwise encumber the Property without Buyer's prior written approval, which may be withheld in Buyer's sole discretion. C. Representations. All representations and warranties of Seller set forth in this Agreement shall be true on and as of the Close of Escrow as if those representations and warranties were made on and as of such time. D. Legal Power. The individuals executing this Agreement and the instruments referenced herein on behalf of Seller, have the legal power, right and actual authority to bind Seller to the terms and conditions hereof and thereof. E. No Breach. There are no contracts or agreements relating to the leasing, operation and maintenance of the Property which will be effective as to the Property following the Close of Escrow. There are no agreements, rights or agreements under which any third person or party has any right or option to purchase the Property. This Agreement and all documents required hereby to be executed by Seller are and shall be valid, legally binding obligations of and enforceable against Seller in accordance with their terms, subject only to the applicable bankruptcy, insolvency, reorganization, moratorium laws or similar laws or equitable principles effecting or limiting the rights of contracting parties generally. To Seller's knowledge, neither the execution and delivery of this Agreement and the documents referenced herein, nor the incurrence of the obligations set forth herein, nor the consummation of the transactions herein contemplated, nor compliance with the terms of this Agreement and the documents reference herein, result in the breach of any terms, conditions or provisions of, or constitute a default under, any bond, note, or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease, or other agreements or instruments to which Seller is a party or effecting the Property. F. Litigation. There are no suits, claims, foreclosure proceedings, property tax protests, zoning or other administrative proceedings that are pending or, to the best of Seller's knowledge, threatened with respect to or in any manner affecting the Property. G. Condemnation; Eminent Domain. Seller has neither received any written notice from a governmental authority, nor has any knowledge of any action regarding eminent domain proceedings For the condemnation of all or any portion of the Property. To Seller's knowledge, Seller has not received any written notices of violations, including, without limitation, any environmental law violations, that still exist from any municipal or governmental bodies regarding the Property. H. Due Diligence. Seller has delivered to Buyer complete legible copies of all the material documents pursuant to Section 3. C. concerning the Property in Seller's possession or under its control. 1. Environmental Laws. To Seller's knowledge, Seller has not received written notice from any governmental authority that the Property or the use or operation thereof are in violation Purchase & Sale Agreement I. miss 0914 % of any Environmental Laws, and to Seller's knowledge, no such written notice has been issued and, to Seller's knowledge, no violation of any Environmental Laws has occurred. To Seller's knowledge, no part of the Property has ever been used by any person or entity to refine, produce, use, store, handle, transfer, process, transport or dispose of any Hazardous Substances. 7.2 Buyer's Representations, Warranties and Covenants. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following representations, warranties and covenants, each of which is material and is being relied upon by Seller (the continued truth and accuracy of which shall constitute a condition precedent to Seller's obligations hereunder): A. Authority. Buyer has the full power and authority to buy the Property, and this Agreement has been duly and validly authorized, executed and delivered by Buyer and no other authorization or third party consent is requisite to the valid and binding execution, delivery and performance of this Agreement by Buyer. B. Representations. All representations and warranties of Buyer set forth in this Agreement shall be true on and as of the Close of Escrow as if those representations and warranties were made on and as of such time. ARTICLE Vlll CONDEMNATION, DAMAGE AND DESTRUCTION 8.1 Condemnation. If, between the date of this Agreement and the Closing Date, condemnation or eminent domain proceedings affecting any portions of the Property are initiated or are threatened to be initiated by any entity other than Buyer, then, Buyer shall have the right to either: (i) affirm this Agreement, which shall remain in full force and effect without any diminution of the Purchase Price and Seller shall assign to Buyer upon the Closing Date all of Seller's rights to any condemnation awards by depositing an assignment of said award with the Escrow/Title Company; or (ii) subject to and conditioned on Buyer's compliance with the remaining provisions of this Section 8.1, terminate this Agreement and neither party shall have any further obligations or liabilities to each other, except that Buyer's indemnity obligations under this Agreement shall survive any such termination. Buyer shall not propose, institute, cooperate with or permit any condemnation of all or any part of the Property prior to the Close of Escrow. 8.2 Damage and Destruction. If, between the date of this Agreement and the Closing Date, any portion of the Property is materially damaged or destroyed, then Buyer shall have the option by written notice to Seller to: (i) terminate this Agreement and Buyer shall have no obligation to purchase the Property and Seller shall have no obligation to sell the Property to or (ii) affirm this Agreement, which shall remain in full force and effect without delaying the Close of Escrow and without diminution of the Purchase Price. ARTICLE IX MISCELLANEOUS 9.1 No Foreign Investors. Seller warrants and represents to Buyer that Seller is not a foreign individual, foreign corporation, foreign partnership, foreign Lust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations). Seller shall execute and deliver to Buyer at the Close of Escrow the Affidavit certifying the representations and warranties made pursuant to this Section. Purchase & Sale AememCnl Enniss 0914 8 9.2 Attorneys' Fees. If any action, proceeding or arbitration is brought to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to all other damages, all costs and expenses of such action, proceeding or arbitration, including but not limited to actual attorneys' 'fees (including the allocated costs of in-house counsel), witness fees' and court costs. The phrase "prevailing party" as used in this Section shall mean the party who receives substantially the relief desired whether by dismissal, summary judgment or otherwise. The terms of this Section shall survive the Close of Escrow and shall not be merged with the Deed. 9.3 Notices. All notices and requests under this Agreement shall be in writing and shall be sent by personal delivery, facsimile or e-mail (with hard copy to 'follow the next business day by overnight mail), by nationally recognized overnight mail carrier such as FedEx or delivered in person to the following street addresses: SELLER: Gary L Enniss and Martha L Enniss 607 W. Lakeshore Dr. Lake Elsinore, CA 92530 Telephone: Facsimile: E -Mail: BUYER: City of Lake Elsinore 130 S. Main Sweet Lake Elsinore, CA 92530 Attn: Grant Yates, City Manager Telephone: (951) 674-3124 ext 361 Facsimile: (951) 674-2392 E -Mail: barbara@oega.com.com With a copy to: Leibold McClendon & Mann PC 23422 Mill Creek Drive, Suite 105 Laguna Hills, CA 92653 Attention: Barbara Leibold Telephone: (949)457-6300 ext. 104 Facsimile: (949) 457-6305 E -Mail: barbara@cega.com.com Escrow/Title Company: First American Title Insurance Company 43620 Ridge Park Drive, Suite 200 Temecula, CA 92590 Attention: Debra Fritz Telephone: (95 1) 296-2948 E -Mail: All notices shall be effective upon the earlier of personal delivery or receipt of a facsimile confirmation statement, if sent by facsimile, or receipt of confirmation of delivery, if delivered by e-mail or a nationally recognized overnight mail carrier. Either party may change its address or designate a new street address for notices under this Agreement by notice complying with the terms of this Section. Pill ehase & Sale Agreement I miss 0914 9.4 Cooperation. Buyer and Seller shall reasonably cooperate with the other in connection with the requirements imposed by this Agreement and agree to cooperate with each other by executing such other documents or taking such other action as may be reasonably necessary in accordance with the intent of the parties as evidenced by this Agreement, provided such documents do not create any additional liability or expense for such party not contemplated by this Agreement. 9.5 Survival. Buyer's and Seller's representations, warranties and obligations under this Agreement shall survive the Close of Escrow and shall not be merged into or defeated by the execution, delivery or recordation of the Deed given in connection with this Agreement. 9.6 Interpretation. This Agreement shall be construed and enforced in accordance with the laws of the State of California as applicable to contracts entered into in California among parties doing business therein. This Agreement contains the entire agreement between the parties respecting the purchase and sale of the Property and supersedes all prior negotiations, discussions, understandings and agreements, both oral and written, between the parties with respect to such matters. This Agreement shall not be effective between the parties until the date this Agreement is executed and delivered into Escrow by both Seller and Buyer. This Agreement may not be modified or amended in any way except by a writing executed by both Buyer and Seller. The section headings of this Agreement are for convenience only and are not to be construed as part of this Agreement and do not in any way amplify or define the terms, conditions, and covenants of this Agreement and shall not be used in construction or interpretation of this Agreement. There are no third -party beneficiaries to this Agreement. Unless the context otherwise indicates, whenever used in this Agreement, the word "party" or "parties" means Buyer or Seller or both, as the context may require. Time is of the essence in the performance of each term of this Agreement. 9.7 Successors and Assigns. This Agreement shall be binding upon and inure to the benefits of the successors and assigns of the parties to this Agreement. In no event shall Buyer have any right to delay or postpone the Close of Escrow to create a partnership, corporation or other form of business association or to obtain financing to acquire title to the Property or to coordinate with any other sale, transfer, exchange or conveyance. 9.8 Severability. If any term or provision of this Agreement is determined to be invalid or unenforceable, the remaining terms and provisions shall not be affected thereby and shall remain in full force and effect to the maximum extent permitted by law. 9.9 Dates. Whenever any determination is to be made or action is to be taken on a date specified in this Agreement, if such date shall fall oil Saturday, Sunday or legal holiday under the laws of the State of California, then in such event said date shall be extended to the next day which is not a Saturday, Sunday or legal holiday. 9.10 Counterparts; Telefacsimile Execution. This Agreement may be executed in counterparts, all of which shall constitute the same Agreement, notwithstanding that all parties to this Agreement are not signatory to the same or original counterpart. 9.11 No Assumption of Seller's Liabilities. Buyer is acquiring only the Property from Seller and is not the successor of Seller. Except only for the obligations accruing after the Closing Date or assumed in writing by Buyer, Buyer does not assume or agree to pay, or indemnify Seller or any person or entity against any liability, obligation or expense of Seller or relating to the Property. 9.12 Limitation of Liability. No advisor, trustee, director, officer, partner, member, employee, beneficiary, shareholder, participant or agent of or in Seller or Buyer shall have any personal liability, directly or indirectly, under or in connection with this Agreement or any agreement made or Pm'chase Ne Sale Agreement Dnniss 0914 10 entered into under or pursuant to the provisions of this Agreement, or any amendment or amendments to any of the foregoing made at any time or times, heretofore or hereafter. The terms of this Section survive the Close of Escrow or termination of this Agreement. 9.13 Indemnification; Limitation on Liability. Seller hereby agrees to indemnify, defend and hold Buyer harmless from and against any claims, damages, demands, liabilities, losses, judgments, expenses and attorneys' fees and/or costs resulting from any material breach of this Agreement by Seller, including, without limitation, the falsity of any representation or warranty made by Seller contained in this Agreement. Neither Buyer nor Seller shall in any event be entitled to, and each hereby waives, any right to seek consequential damages of any kind or oatwre from the other party arising out of or in connection with this Agreement. 9.14 Tax and Legal Advice. SELLER REPRESENTS AND WARRANTS THAT THE BUYER HAS NOT PROVIDED TAX OR LEGAL ADVICE TO SELLER IN CONNECTION WITH THIS AGREEMENT. SELLER FURTHER REPRESENTS AND WARRANTS THAT THEY HAVE BEEN ADVISED OF THEIR RIGHT TO LEGAL COUNSEL AND TAX ADVICE AND HAVE EITHER OBTAINED THE ADVICE OF INDEPENDENT LEGAL COUNSEL OR A TAX ADVISOR WITH RESPECT TO THE TERMS OF THIS AGREEMENT AND ALL ATTACHMENTS HERETO AND OTHER AGREEMENTS REQUIRED HEREBY, OR HAVE KNOWINGLY AND VOLUNTARILY DECIDED NOT TO CONSULT WITH LEGAL COUNSEL OR A TAX ADVISOR OF HIS/HER CHOOSING. SELLER'S INITIALS: SELLER'S INITIALS: 9.15 Time of Essence. Time is expressly made of the essence with respect to the performance by Buyer and Seller of each and every obligation and condition of this Agreement including, without limitation, the Close of Escrow. 9.16 Exhibits Incorporated by Reference. All exhibits attached to this Agreement are incorporated in this Agreement by this reference. This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. This Agreement includes eleven (I1) pages, a signature page (Page 12) and two (2) exhibits including Exhibit "A", Grant Deed, and Exhibit "B", Seller's Certification of Non -Foreign Status. Purchase & Sale A. -regiment F?nniss 0914 I I IN WITNESS WHEREOF, the Buyer and the Seller have signed this Agreement and Escrow Instructions for Purchase and Sale of Real Property on the date set forth below. APPROVED AS TO FORM: LEIBOLD MCCLENDON & MANN, P.C. By: Barbara Leibold, City Attorney "SELLER" GARY L. ENNISS MARTHA L. ENNISS "BUYER" CITY OF LAKE ELSINORE By: Natasha Johnson, Mayor ESCROW/TITLE COMPANY'S CONSENT: Escrow/Title Company hereby acknowledges receipt of this Agreement and consents to the terms and conditions set forth herein. "ESCROW/TITLE COMPANY" La Name: Its: Dated: Purchase & Sale Agreement Gneiss 0914 17 WHEN RECORDED MAIL AND MAIL TAX STATEMENTS TO: CITY OF LAKE ELSINORE 130 So. Main Street Lake Elsinore, CA 92530 EXHIBIT "A" GRANT DEED GRANT DEED TO GOVT CODE saCTION 6103 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GARY L. ENNISS and MARTIIA L. ENNISS, husband and wife, as (collectively, the "Seller"), hereby GRANT(S) to the CITY OF LAKE ELSINORE, a California municipal corporation, the real property referred to as APN No. 374-243-008 and described as: SEE ATTACHMENT NO. 1 TO EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE "SELLER" GARY L. ENNISS MARTHA L. ENNISS Exhibit "A" Pumnase & Sade Agreement l :nniss 0914 ATTACHMENT NO. 1 TO EXIIIBIT "A" LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Riverside, City of LAKE ELSINORE, described as follows: (TO BE INSERTED) APN: 374-243-008 Attachment 1 to Exhibit A Purchase & Sale Apeement IAmiss 0914 STATE OF CALIFORNIA ) ss. COUNTY OF On before me, Notary Public, (Print Name of Notary Public) personally appeared ❑ personally known to me -or- ❑ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer ,fillets) Title Or Type of Document ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) Number Of Pages I: Guardian/Conservator ❑ Other: Date Of Document Signer is representing: Name Of Persou(s) Or Entity(ies) Signer(s) Other Than Named Above Attachment 1 to Exhibit A Purchase & Ssle Agreement Gnniss 0914 STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, Notary Public, (PriutNarne of Notary Public) personally appeared personally known to me -or- who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title(s) Title Or Type of Document I Partuer(s) ❑ Limited ❑ General !J Attorney -In -Fact ❑ Trustee(s) Number Of Pages :7 Guardian/Conservator Other: Date Of Document Signer is representing: Name Of Persou(s) Or Eutity(ies) Siguer(s) Other Than Named Above Attachment 1 to Exhibit A Purchase & Sale Agreement Gnniss 0914 STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, Notary Public, (Print Name of Notary Public) personally appeared Lj personally known to me -or- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ics), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Of Notary OPTIONAL "Though the data below is not required by law, it may prove valuable to persons relying ou the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT I Individual ❑ Corporate Officer Title(s) Title Or Type of Document ❑ Partner(s) ❑ Limited ❑ General Il Attorney -In -Fact I I Trustee(s) Number Of Pages Guardian/Conservator I I Other: Date Of Document Signer is representing: Name Of Person(s) Or Eutity(ies) Siguer(s) Other Than Named Above Attachment 1 to Exhibit A Purchase & Sale Agreement I!nn iss 0914 ATTACHMENT NO. 2 to EXIIIBIT "A" CERTIFICATE OF ACCEPTANCE Government Code, Section 27281 THIS IS TO CERTIFY that the CITY OF LAKE ELSINORE, a California municipal corporation, acting through the Lake Elsinore City Council, hereby accepts for public purposes the real property, or interest therein, conveyed by Grant Deed executed by Gary L. Enniss and Martha L. Enniss and dated 2014 and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hands and affixed the City's official seal, this —_-- day of CITY OF LAKE ELSINORE, a municipal corporation By: Attachment No. 2 to Exhibit "A" Purchase & Sale Ag Bement Enniss 0914 STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, Notary Public, (Print Name of Notary Public) personally appeared ❑ personally known to me -o1'- ❑ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could Prevent fi-audulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title(s) Title Or "Type of Document ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -hr -Pact ❑ Trustee(s) Number Of Pages ❑ Guardian/Conservator I I Other: Date Of Document Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Attachment No. 2 to Exhibit `A" Purchase & Sale Agreement 1`nniss 0914 EXHIBIT "B" SELLER'S CERTIFICATION OF NON -FOREIGN STATUS FIRST AMERICAN TRUST To inform the CITY OF LAKE ELSINORE, a California municipal corporation ("Transferee") that withholding of tax under Section 1445 of the Internal Revenue Code of 1986, as amended ("Code") will not be required upon the transfer of certain real property described as Assessor's Parcel No. 374-243-008 located in the City of Lake Elsinore, California to the Transferee by GARY L. ENNISS and MARTHA L. ENNISS (collectively, the "Transferor"), the undersigned hereby certify the following: I/we am/are not a nonresident alien for purposes of United States income taxation; 2. My/our United States taxpayer identifying number (Social Security Number) is Gary L. Enniss 3. My/our address is Martha L. Enniss Transferor understands that this Certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalty of perjury, I/we declare that I/we have examined this Certification and to the best of my/our knowledge and belief it is true, correct, and complete, and we further declare that 1/we have authority to sign this document on behalf of the Transferor. "SELLER" GARY L. ENNISS MARTHA L. ENNISS Exhibit "B" i t h.r 111 {k �ii.1: Agenda Date: 9/9/2014 In Control: City Council Agenda Number: 4) City of Lake Elsinore Text File File Number: ID# 14-277 Version: 1 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org Status: Consent Agenda File Type: Report City of Lake Elsinore Page 1 Printed on 91412014 CITY of LADE 061- LSINOKE Da[AM EXrar.MI.- REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: SEPTEMBER 9, 2014 SUBJECT: PROFESSIONAL SERVICES AGREEMENT (PSA) WITH QUANTUM CONSULTING, INC. (CONSULTANT) FOR CONSTRUCTION MANAGEMENT / INSPECTION AND TESTING SERVICES FOR PROJECT NO: Z10014 & Z10022, "FY2014- 2015 SLURRY SEAL PROGRAM" Recommendation 1. Approve the Professional Services Agreement (for a not to exceed amount of $86,620 to Quantum Consulting (Consultant) for the construction management/inspection and testing services for the Slurry Seal Program. 2. Authorize the City Manager to execute the Professional Services Agreement between the City and Quantum Consulting, Inc. (Consultant). 3. Establish a total project budget of $99,613 (including a 15% contingency) and authorize the City Manager to execute contract amendments not to exceed $99,613. Background On August 6, 2014, Notice Inviting Bids No. PW -2015 -SS -01 was posted for the FY2014-2015 Slurry Seal Program. Contractor bids were opened on August 25, 2014 at 2:00 p.m. Concurrently, Request for Proposals (RFPs) for construction management/ inspection and testing services were solicited in August 2014 to four consultant firms who have been previously pre -qualified. Three proposals from four prospective consultants were received on August 28, 2014. The proposals were evaluated by the Public Works Director and staff based on criteria established in the Request for Proposal (RFP). Discussion After an in-depth review of the project understanding and approach, completeness of the proposed scope of work, staff qualifications and experience with similar projects, and recent relevant project experience from the proposed firms, it was determined that Quantum Consulting, Inc. best met the City's needs as outlined in the RFP. After the proposals were reviewed and ranked based on pre -determined qualifications -based selection criteria, the corresponding fee proposals were opened under separate cover. Based upon the consulting firm's qualifications, scope of work, and project understanding for the RFP, the firms were ranked as follows: 1. Quantum Consulting, Inc. $86,620 2. Andersen Penna Partners, Inc. $ NA" 3. Project Professionals Corporation $128,608 *Although ranked 2nd by the RFP qualification -based criteria, AndersenPenna Partners, Inc. submitted a fee proposal in a non-standard format that could not be evaluated by staff. Fiscal Impact The construction management and inspection / testing services portion of work for the FY 2014/2015 Slurry Seal Program will be funded by Measure A funds. Currently there is sufficient funding to complete the project. Prepared by: Walter Allison, P.E. City Engineer Approved by: Vince Damasse, P.E. Director of Public Works Approved by: Jason Simpson Director Administrative Services Department Approved by: Grant Yates, City Manager Attachments: Professional Services Agreement- Quantum Consulting, Inc. AGREEMENT FOR PROFESSIONAL SERVICES Quantum Consulting, Inc. Slurry Seal Project No. Z10014 & Z10022 This Agreement for Professional Services (the "Agreement") is made and entered into as of September 9, 2014, by and between the City of Lake Elsinore, a municipal corporation ("City") and Quantum Consulting, Inc. ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: construction management, inspection and testing services. B. Consultant has submitted to City a proposal, dated August 28, 2014, attached hereto as Exhibit A ("Consultant's Proposal") and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Consultant's Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant's Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant's Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. PSA Slurry Seal Project Page 1 C. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant's Proposal (Exhibit A). 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants' Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed eighty-six thousand six hundred twenty dollars ($86,620.00) without additional written authorization from the City. Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 6. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. Page 2. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 7. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City Page 3 may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor -in -interest. 8. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 9, PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. Page 4 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 14. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. Page 5 ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. V. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. Page 6 V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Quantum Consulting, Inc. Attn: Frank Bigdeli 2720 Sepulveda Boulevard, Ste. 100 Torrance, CA 90505 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18, Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all Page 7 rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23, Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid Page 8 nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 29. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] Page 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation "CONSULTANT" Quantum Consulting, Inc. Grant Yates, City Manager By: Its: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Attachments: Exhibit A — Consultant's Proposal Exhibit B — List of Subcontractors Page 10 ANOWHUMA CONSULTANT'S PROPOSAL [ATTACHED] EXHIBIT A / ��,. �. i_, i , f.. is 1 S q1 � .:. F � ,.... .. � Ij.: CITY LAU— :,SIi�C7r G r i�aeA.,, cXrin µu Table of Contents PROPOSAL FOR CONSTRUCTION MANAGEMENT, INSPECTION AND MATERIALS SAMPLING AND TESTING SERVICES FOR FY 2014-2015 SLURRY SEAL PROGRAM Section A: SCOPE OF WORK......................................................................................1 ProjectUnderstanding..................................................................................................1 Primary Scope of Work.................................................................................................1 DetailedScope of Work.......................................................................................... 2 Work Plan for Materials Testing and Inspection(MTGL)...........................................4 ServiceApproach..........................................................................................................4 Section B: Project Staff Qualifications....................................................................... 5 FrankBigdeli, P.E...................................................................................................5 DouglasPreble, P.E................................................................................................5 JerryIchien..............................................................................................................7 JohnSoufiani..........................................................................................................7 MadjidYazdi............................................................................................................8 JohnnyA. Cota....................................................................................................... 9 Section C: Similar Project Experience and References..... ... --- ..................... ..... 10 ClientReference List...................................................................................................13 Section D: Company Qualifications..........................................................................14 Exhibit A: Statement of Qualifications for MTGL.....................................................16 Quantum Quality Consulting, Inc. to Consulting Engineering Services Quantum Quality Consulting, Inc. Consulting Engineering Services August 28, 2014 Walter Allison, P.E. City Engineer Public Works Department City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 RE: PROPOSAL FOR CONSTRUCTION MANAGEMENT, INSPECTION AND MATERIALS SAMPLING AND TESTING SERVICES FOR FY 2014-2015 SLURRY SEAL PROGRAM (CIP PROJECT NOS. Z10014 & Z10022) IN THE CITY OF LAKE ELSINORE Dear Mr. Allison, Thank you for the opportunity to provide our proposal to perform construction management, inspection and materials sampling and testing services for the FY 2014- 2015 Slurry Seal Program (CIP Projects Nos. Z10014 & Z10022) in the City of Lake Elsinore. We believe we are uniquely qualified to deliver this project to you for the following reasons: ➢ Experienced Construction Manager I Douglas Preble, P.E., is the proposed construction manager for the Slurry Seal Program. He has countless years of experience in this field working with public and private sectors located around Southern California. ➢ In-house Inspectors I Quantum provides highly qualified inspectors suitable for this job. Jerry Ichien, Senior Inspector, John Soufiani, Project Inspector, Madjid Yazdi, Senior Inspector, and Johnny A. Cota, Special Inspector, have numerous years of experience in the field of inspection and will "hit the ground running" right from the start. ➢ Current Involvement I We are currently providing On -Call Construction Management and Inspection services for the City of Gardena pavement improvements projects utilizing Federal Funding Sources. As such we are intimately familiar and will provide all necessary assistance to accommodate the program requirements. Since 1995, Quantum Consulting has been privileged to provide general civil engineering services including program/construction management and inspection services exclusively to municipalities in Southern California for projects that account for over $1 billion in construction value. Quantum has provided on-call construction June 29, 2012 Mr. Allison Page 2 management and inspection services for many cities such as Azusa, Compton, Gardena, Lawndale and Lomita for which we received City commendation. Quantum Consulting, Inc. will provide construction management and inspection services in cooperation with MTGL Geotechnical and in accordance with our all-inclusive scope of work. This proposal is valid for a period of not less than ninety (90) calendar days from the date of this submittal. Please do not hesitate to contact us for any additional information you may need regarding our qualifications. Sin Frank Bigd'eli, P.E. President Attachment: Proposal 2720 Sepulveda Blvd. Suite 100, Torrance, CA 90505 P.310.891.3994 -F.310.891.3995 www.thequantumconsulting.com fbigdeli@thequantumconsu Iting.com CITY (A-&— PROPOSAL FOR CONSTRUCTION MANAGEMENT, INSPECTION LfIT y',LSItYOtl AND MATERIALS SAMPLING AND TESTING SERVICES FOR —., DRIAM CXJ IIEW FY 2014-2015 SLURRY SEAL PROGRAM Section A: SCOPE OF WORK Project Understanding We understand that the City of Lake Elsinore is implementing the FY 2014-2015 Slurry Seal Program (CIP Projects Nos. Z10014 & Z10022). Quantum Consulting has successfully completed numerous similar street improvement projects with similar project descriptions and scheduling requirements. Primary Scope of Work Quantum has thoroughly reviewed the services required and this proposal includes all of the items of work described in the following Scope of Services as listed in the Request for Proposal (RFP). We acknowledge the receipt of Addendum I and Addendum II: In accordance with the RFP we are proposing 50 days of construction management and inspection services. Construction ➢ Our team will provide necessary Construction Management staff, including Phase an inspector(s) and any other necessary technical and support staff to manage all aspects of the construction. ➢ We will function as Public Works Extension, and providing all necessary services, including inspection during construction for compliance with all applicable codes, and review and approval of all shop drawings during construction. ➢ We will provide "Specialty Inspection and Testing" for compaction, pavement and materials. ➢ We will develop a master construction schedule, monitoring and updating construction schedule. ➢ We will conduct weekly construction meeting with the contractor, City, and other involved parties. Quantum will prepare and distribute meeting minutes. ➢ We will review contractor change order requests, and prepare necessary documentation for submittal and approval or denial by the. City. ➢ We will review contractor pay requests and prepare necessary documentation for submittal and approval by the City. ➢ We will manage all construction activities, quantities, costs and project controls. ➢ We will ensure the project is implemented per the approved set of plans and specifications and will assure preparation of as -built drawings at the completion of construction. ➢ We will maintain project files and documentation. II. Construction ➢ Our team will coordinate close out of the project. Close -Out ➢ We will deliver a final completed project to the City which is in compliance Phase with project PS&E, and all applicable standards and requirements. ➢ We will present to the City a complete project close out file. �, Page 1 CITY ar PROPOSAL FOR CONSTRUCTION MANAGEMENT, INSPECTION 1,AKr 1.,511 tO]ZG AND MATERIALS SAMPLING AND TESTING SERVICES FOR mf,., Ex'r wE FY 2014-2015 SLURRY SEAL PROGRAM Detailed Scope of Work In accordance with the required scope of work in the RFP, Quantum Consulting offers the following scope of work which is required and is the standard of our firm. 1. Traffic Control Plans: We will review and approve the Project Traffic Control Plans. 2. Construction Storm Water Management Plan (CSWMP): We will enforce all storm water pollution prevention measures, as proposed by the Contractor and approved by the City Engineer prior to the commencement of construction. 3. Material Submittals: Our Construction Manager will review and approve material submittals by the Contractor to ensure that submittals meet requirements of the approved plans and specifications. 4. Construction Schedule: We will review and approve construction schedules and look ahead schedules submitted by the Contractor. 5. Meetings: Coordinate, facilitate, and attend project -related meetings including: a. Pre -construction meeting, b. Weekly project progress meetings c. Dispute resolution meetings if required 6. Meeting Agenda and Minutes: We will conduct meetings, prepare meeting agenda and meeting minutes, and distribute to all parties involved. 7. Weekly Written Progress Report: The team will provide weekly written progress reports to the City Engineer. 8. We will perform compliance inspections daily: We will suspend any work and/or reject any materials not conforming to the CSWMP or the contract requirements and provide documentation. 9. Construction Manager/inspector: Will coordinate, monitor, and document all construction activities. 10. Cut sheets, field conflicts: We will review and provide approval of cut sheets. We will resolve field conflicts. 11. Other City Service Areas: Quantum will coordinate with other City service areas, local agencies, etc. to ensure smooth project delivery. 12. Material Testing and Sampling: We will coordinate material sampling and testing by MGTL and will review test data for conformance/compliance with the project Special Provisions. 13. Certificates of Compliance: Certificates of Compliance will be collected for all materials and products delivered to the jobsite and incorporated into the Work. 14. Construction Surveyor's work: We will coordinate and verify the surveyor's work with regard to monument preservation activities. 15. Progress Payment: The inspector/construction manager will review and approve Contractor's progress payment requests and submit to the City Engineer for processing and payment. 16. Pay Rate Verification: The inspector will interview Contractor workers to verify prevailing wage compliance. 17. Certified Payroll: The construction manager will Review Contractor's Certified Payroll to ensure compliance with prevailing wage requirements. 18. RFI/RFC: We will log in, review, distribute, and respond to each Request for Information (RFI) and Request for Clarification (RFC). Page 2 C 17Y - ^"'1 PROPOSAL FOR CONSTRUCTION MANAGEMENT, INSPECTION LAIU- � 1. LSIN0R,AND MATERIALS SAMPLING AND TESTING SERVICES FOR -, <? DREAr� M: FY 2014-2015 SLURRY SEAL PROGRAM 19. Change Orders: We will log in, evaluate, and negotiate contract change orders and make recommendation to the City Engineer. 20. Record data: We will establish and maintain accurate project files and records of work performed. 21. Daily Report: Prepare daily reports/logs of: (a) Contractor activities; (g) Material types, quantities, (b) Traffic controls, their effectiveness, thicknesses, etc. Delivered to the job and any modifications thereto; site and incorporated into the (c) Equipment and vehicles on the jobsite; (d) Personnel names and the type/category of work performed by each person (Le,, labor, operator, striping, etc.); (e) Weather conditions; (f) Ambient ground and air temperatures; project; (h) Material sampling and testing performed; (i) Certificates of compliance received; Q) Inspections performed; (k) All correspondence and direction given to the contractor; and. (1) All project -related data collected/gathered. We will submit electronically and provide three (3) copies of the reports to the City Engineer on the following working day. 22. Claims: We will review and evaluate claims from private parties and contractors and submit written recommendations to the City Engineer, including supporting documents and photos. 23. Work Progress: Contractor's daily work progress will be monitored and the City informed in writing of the progress in the daily reports. 24. Monitor Construction Traffic Control: We will monitor construction traffic control routinely to ensure the optimum situation with regard to the following: a. Protection of the public both pedestrian and vehicular, during the construction operation. b. Traffic control arranged so that there is minimal disruption to traffic and access to local business operations. c. Provide safe access for pedestrians and vehicles during the construction operation. d. Provide for the optimal phasing of the traffic control to facilitate the efficient completion of the construction operation. 25. ADA Requirements: We will coordinate as necessary to assure that all ADA access requirements are complied with during the course of construction. 26. Utility Coordination: Ensure utility coordination throughout the construction phase of the project is performed by the Contractor. 27. Coordination with Residents and Property: Work with adjacent property owners', businesses and residents' to resolve their concerns, review potential accessibility issues, and ensure installation of traffic control devices per approved traffic control plans. 28. Public Relations: Respond to the public's questions, comments, or complaints in a timely manner and keep the City Engineer informed of all correspondences. 29. Project Budget: Administer the project budget very closely and ensure the Contractor's invoices correctly reflect the charges for the City of Lake Elsinore. 30, Safety: Monitor project site and adjacent areas for unsafe conditions; promptly require corrective measures to be addressed by the Contractor. Page 3 CITY OF PROPOSAL FOR CONSTRUCTION MANAGEMENT, INSPECTION LAIC �rLSJ NO Kr AND MATERIALS SAMPLING AND TESTING SERVICES FOR �1lzima�kr.h* FY 2014-2015 SLURRY SEAL PROGRAM 31. Workmanship: Monitor Contractor's work for quality and workmanship. 32. Work days: Keep track of work days, rain days, holidays, and completion dates. 33. As -built Updates: On a daily basis, review the Contractor's as -built updates on the approved slurry seal list, identify missing items and require the Contractor to keep as - built records up to date throughout the project. 34. Materials Testing: Schedule and perform quality assurance materials testing to verify compliance of the work and the contract documents, 35. Survey Monuments: Verify removal, recordation notes, and replacement of all survey monuments. 36. Punch List Inspection: At the close of the project, conduct a walk-through with City staff and the Contractor and compile a detailed punch list of deficiencies to be corrected prior to the filing of a Notice of Completion. 37. Final Inspection: Conduct final inspection, verify correction of all punch list items and review for project acceptance. 38. Project File: At the close of the project, submit all project -related files, documents, CDs, as -built drawings, material tickets, RFI and change order logs to the City. 39. Notice of Completion: Upon completion of the project, prepare and submit the final acceptance report for the City Engineer's approval. 40. Project Closeout: Upon project completion, all records are to be compiled in three (3) ring binder(s), prominently labeled on the face and spine with the title of the project to serve as a record of the project. Photographs of the work site prior to construction of work, during construction and after completion of the construction are to be included in the record of the project. Additionally, a copy of the record of the project is to be provided in PDF format on a USB "thumb" drive. 41. Project Summary Report: At the conclusion of construction, the Consultant shall provide a detailed project summary. The project summary shall include a brief detailing of the dates of bid release, bid opening, dates of issuance of Notice to Proceed to Consultant and the Contractor, names and all related information of Consultant and the Contractor, number of contract days and number of work days, date of completion of the project. The Project Summary Report will include all items listed below and statement regarding the Contractor's compliance or non-compliance with the Work as required in the contract. a. Daily reports/logs of: (1) contractor activities; (2) traffic controls, their effectiveness, and any modifications thereto; (3) equipment and vehicles on the jobsite; (4) personnel names and the type/category of work performed by each person (i.e., labor, operator, striping, etc.); (5) weather conditions; (6) ambient ground and air temperatures; (7) material types, quantities, thicknesses, etc. delivered to the job site and incorporated into the project; (8) material sampling and testing performed; 9i) Certificates of Compliance received; (10) inspections performed; (11) all correspondence and direction given to the Contractor; and. (12) all project -related data collected/gathered. Three (3) copies shall be submitted to the City Engineer no later than one working day after each day's work. b. Working Day Statements to the Contractor. c. Weekly progress reports to the City Engineer, including any potential delays, claims, and issues of non-compliance with the contract. Page 2 c:i ry P1ANPROPOSAL FOR CONSTRUCTION MANAGEMENT, INSPECTION LA AND MATERIALS SAMPLING AND TESTING SERVICES FOR — 1WI Daen'y � EXIMML FY 2014-2015 SLURRY SEAL PROGRAM d. Project Quantity ("Q") Sheets for all bid items showing daily quantities of each material and product incorporated into the Work (i.e., slurry seal, dig -out quantities, striping, thermoplastic, pavement markers, etc.) or service provided (i.e., Traffic Controls, Construction Surveying and Monument Preservation, etc.). e. Contractor Progress Payment records. f. Certified test results for all sampling and field and laboratory testing performed and Certificates of Compliance. g. Copies of all written correspondence. Construction Management The Quantum Consulting Construction Manager will be fully qualified and capable of performing all the required duties including those listed above and the following duties as - needed: • Provide contract administration for the project and coordinate with any other area construction, as required. • Prepare and maintain project schedule identifying the critical paths for expeditious project completion. • Prepare agenda, conduct weekly construction progress meetings and distribute minutes within three (3) working days. • Attend pre -construction and construction progress meetings (as necessary) to discuss such matters as procedures, progress, problems, scheduling, and coordination and other project related items. • Check all applicable contract documents to ensure compliance with funding requirements, as required. • Manage budget and funding control to make sure that construction projects are completed within available budget. • Establish and maintain project controls and provide administrative, management, and related services necessary to coordinate the work of the Contractor and subcontractors in order to facilitate timely completion of the project in accordance with contract documents and City objectives. • Assist Contractors in obtaining any building, grading, and other construction permits necessary for the project. • Prepare all submittals to over -sight agencies per their requirements, as required. • Prepare reimbursement requests and invoices for funding agencies. • Issue all necessary Notices to Proceed (NTP). • Review and process all invoices with recommendation to City staff. • Provide, manage, coordinate, and ensure timely completion/approvals in response to all RFI's, shop drawings, product data samples, submittals, Change Notices, Intent to File Change Notices, and Construction Change Orders (CCO's), as well as review, negotiation and issuance of the CCO's to the Contractor. • Maintain all construction related project files in accordance with Caltrans' Local Assistance Procedures Manual Chapter 16. • Identify and report potential contractor claims and recommend resolution. • Incorporate approved changes as they occur. • Review, comment and recommend processing of invoices. • Ensure that all measures of project's scope of services are completed. Page 3 C11Y ut PROPOSAL FOR CONSTRUCTION MANAGEMENT, INSPECTION LA,II`F LKNOKE AND MATERIALS SAMPLING ANDTLSTING SERVICES FOR u' ?. iuteAM EXTREME FY 2014-2015 SLURRY SEAL PROGRAM Field Inspection Quantum Consulting will designate inspectors fully qualified to perform the required services as listed in the Scope of Work: • In general, the Quantum Consulting Inspector will have the necessary experience and knowhow of construction equipment, materials, methods, and workmanship for the specific work to be performed on the projects. The Inspector will be able to understand and interpret Plans and Specifications and will be familiar with the current Greenbook (Standard Specifications for Public Works Construction), Caltrans Standard Specifications, City Standards, and OSHA Construction Safety Orders. The Consultant Inspector will be able to interact professionally with contractors, engineers, property owners, business owners, and the public at large; coordinate with other City personnel; promote quality customer service; and respond promptly and courteously to requests. The Consultant Inspector will be able to follow verbal and written instructions, communicate clearly and concisely, both orally and in writing. • Coordinate materials and methods sampling and testing. • Establishes effective communications with the Contractor, other agencies, utilities, and business and property owners. • Ensures compliance with the Plans, Specifications, and other requirements, including the Contract, Traffic Control, Cal/OSHA Standards, CCO, Permits, Standard Plans, checking line, grade, size, elevation, and location and quantities of improvements. • Monitor extra work. • Monitor traffic control, damage to infrastructure, and replacement of infrastructure to City Standards. Work Plan for Materials Testing and Inspection (MTGL) MTGL's commitment to quality assurance extends to field and laboratory staff that is certified in numerous disciplines by multiple agencies such as Caltrans, ACI, NICET, and ICC. Sampling, testing and specialty inspection will be performed as necessary and upon request in accordance with the:schedule of the project. Service Approach Our management philosophy is to identify problems in advance to avoid lengthy and costly delays to the project. Our previous experience with the numerous municipal projects enables us to provide cost saving measures while: maintaining the highest standards of quality. Page 4 clay OF w PROPOSAL FOR CONSTRUCTION MANAGEMENT, INSPECTION LAKEI-.SIBO -E AND MATERIALS SAMPLING AND TESTING SERVICES FOR me q DDIUAM KXTRWE FY 2014-2015 SLURRY SEAL PROGRAM Section B: Project Staff Qualifications Quantum Consulting has assembled a team of experienced professional civil engineers who are very well qualified to provide construction management/inspection and materials testing/inspection services to the City of Lake Elsinore for the Garfield Avenue Overlay Project. In the following paragraphs are brief biographies of the proposed team members: Frank Bigdeli, P.E. Principal in Charge "r M.S. Civil Engineering, Old Dominion University "r B.S. Civil Engineering, Old Dominion University r Registered Civil Engineer, CA Civil No. 61973 Professional Affiliations Included Y American Society of Civil Engineers (ASCE) v American Public Works Association (APWA) Y National Society of Professional Engineers (NSPE) American Water Works Association (AWWA) Los Angeles County City and County Engineers Association Douglas Preble, P.E., M.A.S.C.E. Resident Engineer /Construction Manager r B.S. Civil Engineering MBA, Business Administration and Finance Registered Surveyor, CA "r General Engineering Contractor, Class A Inactive r California Registered Professional Engineer - Civil No. 20969 Professional Affiliations have included: American Society of Civil Engineers (ASCE) ➢ National Society of Professional Engineers (NPSE) Y LA County City and County Engineers Association contractors and other professionals. Mr. Bigdeli has over 35 years of experience in the management of public program and projects in various capacities. He is currently the contract City Engineer for the City of Gardena and has also served as the contract City Engineer for the cities of Azusa, and Lawndale. He has also served as the consulting CIP manager for the City of Hermosa Beach and the Culver City Redevelopment Agency. He served as Project Manager for Los Angeles County for rehabilitation of the municipal courts buildings on the aftermath of the Northridge Earthquake Following his educational development at Stanford University, Mr. Preble has 45 years of experience in the field of civil engineering, contracting, engineering and business management. He has worked for various public and private entities such as Caltrans, Southern California Edison Co., Orange County Sanitation Districts, engineering contractors as well as consulting firms. He is a well -seasoned registered civil engineer with management and contracting skills that complement any program. He is well versed in interacting with the public, city staff, Mr. Preble has designed and managed numerous street improvements projects for many cities throughout Southern California including citywide street improvements projects for the cities of Azusa, Gardena, Compton, and Carson. He recently provided City Engineer services including the day to day civil engineering services at the City of Azusa providing engineering services, including permitting, plan checking, development review, engineering design, inspection supervision, Citywide street rehabilitation program management, Fenimore Avenue roadway project construction management and inspection services for improvements associated with a Page 5 CITY v "^L- PROPOSAL FOR CONSTRUCTION MANAGEMENT, INSPECTION LAK L51HOU AND MATERIALS SAMPLING AND TESTING SERVICES FOR —n -a DREAM � €XTMMV: FY 2014-2015 SLURRY SEAL PROGRAM redevelopment residential project, and coordination with the public, developers, contractors, engineers, agencies and other City departments. He is currently completing the design of $64 million in bond funded water and sewer main replacements and additional well facilities for the City of Compton. He recently designed the just constructed Greenleaf Pavement Roadway Reconstruction and Paving project for the City of Compton. Professional Experience Construction Manager • City of Azusa city wide pavement management program. As the assistant contract City Engineer, Mr. Preble managed the annual pavement improvements program for the City of Azusa. • City of Compton, Mr. Preble has been responsible for the design & oversees pavement improvements of over forty miles related to the citywide bond improvements program. • Fenimore roadway construction for new residential development in Azusa. Supervised Quantum inspection and required testing regimen for the project work. Provided construction management for the underground utilities for the project. • Citrus Avenue and Foothill Boulevard pedestrian access project with related roadway and parking facility improvements for the Citrus Crossing commercial center development. Coordinated access with two adjacent college campuses and shopping center traffic. • Hemmingway Park and Aquatic Center, City of Carson. Complete new multi -pool aquatic center, recreation facilities, parking facilities, roadway improvements and new utilities for the facility area. Multi -contractor coordination with multiple department oversight and cooperation with outside utilities for upgrade of the park facility. • Orange County Sanitation District — Construction manager for Bayside Pump Station renovation and improvements and force main under the bay at the entrance to Upper Newport Bay. Project Manager for Owner or Consultant • Project manager for digesters/clarifiers/surge towers/pump facilities/in plant major pipe construction at CSDOC Treatment Plants No. 1 and No. 2 involving dewatering for construction and drilled/driven piles as structural base system. • Worked with architect, engineer and joint districts to implement a complete new equipment building and a new vehicle maintenance building at the Fountain Valley facility. Expedited the permitting process and managed the construction through to acceptance and operation of the facility. • Worked with the architect and local agencies to construct a complete new state of the art biological testing laboratory facility at the Sanitation Districts No. 1 treatment plant. Page 6 Circ or r.?, PROPOSAL FOR CONSTRUCTION MANAGEMENT, INSPECTION LA11E LSIIYOR„E AND MATERIALS SAMPLING AND TESTING SERVICES FOR .. a DREAM t��.�,MEME FY 2014-2015 SLURRY SEAL PROGRAM Engineering Contractor Project Management • Project Manager with Engineering Construction Contractor for BBARWA project which involved construction of a new treatment plant at Baldwin Lake adjacent to Big Bear. Work involved reclaiming portions of the lake to construct facilities. The project also included construction of a new pump station on Big Bear Lake. • Project Manager for restoration of multiple deteriorating sewage sludge digesters at Los Angeles City Sanitation Department, Hyperion Treatment Plant. Used a water blast and structural injection system for repair of the domes, followed by a structural overlay to improve capacity of the pressurized tanks. Utilized sealing system to protect the concrete from hydrogen sulfide attack. • Detailed, purchased and managed construction of Water Filtration Plant at Glendale power plant. Concurrently constructed, in San Gabriel River below water table a new pump station and interconnections into the power plant units. • Engineering contractor's project manager for wastewater treatment plant additional facilities and sedimentation system rehabilitation, East Clark County Nevada plant. Added new facilities and generation facilities for total plant back up. Rehabilitated aging waste handling structures and mechanical systems. Jerry Ichien Mr. Ichien will serve as a senior inspector. Construction Manager/ Senior Inspector Mr. Ichien has over thirty years of ^r Master of Urban Planning program, California State Polytechnic University, Pomona construction management and contract Y B.A., Geography, University of California, Los administration. Prior to joining Quantum Angeles Consulting, Mr. Ichien retired from the City of Culver City as the Redevelopment Agency Project Manager. During his tenure with Culver City, Mr. Ichien provided project management for various redevelopment projects including the Washington Boulevard Improvements Project, City Hall Project and Downtown Revitalization Project and During his tenure with Quantum Consulting, Mr. Ichien has served as the project manager and senior inspector for the civil improvements, storm drainage, paving and pedestrian improvements for City of Azusa 600 acre Rosedale Development Project; project manager for the Azusa Boulevard Improvements Project in downtown Azusa, Project manager for the Block 36 and Azusa Village utilities and roadway renovation project work and management/inspection services for underground trunk line FIGS work through Azusa and he has also provided engineering public counter services, permit issuance, and inspection for Azusa and has managed projects in the City of Carson. Page 7 Mr. Soufiani has over twenty years of John Soufiani experience in construction inspection and Project Inspector management. During his tenure with 'v B.S. Mechanical Engineering, Old Dominion Quantum Consulting, Mr. Soufiani has University r Safety Training, Cal OSHA provided inspection services various public Y Confined Space Training works projects including the Azusa Citywide r Water Testing Certification AWWA Street Rehabilitation program, Fenimore "r Asbestos and Lead Awareness Certification, Los Avenue roadway project construction Angeles Unified School District inspection for improvements associated with Page 7 CITY `� 1, PROPOSAL FOR CONSTRUCTION MANAGEMENT, INSPECTION L Tl J ,SJNOR E AND MATERIALS SAMPLING AND TESTING SERVICES FOR — ? DkLAM EXiKWE FY 2014-2015 SLURRY SEAL PROGRAM a redevelopment residential project. He provided public works inspection services for the Quantum managed, City of Azusa, Rosedale Project, a 600 acre multiuse development and the Azusa Boulevard Improvements Project in downtown Azusa. Other similar projects include the City of Thousand Oaks Thousand Oaks Boulevard Improvements Project, and the City of Lawndale Citywide Sidewalk Improvements Project. Mr. Soufiani provided inspection services for the Hemingway Park Aquatic Center, a complete new swimming pool complex project in an existing City park for the City of Carson. For the City of Gardena, Mr. Soufiani provided inspection services for the Halldale Paving Project, the Vermont Avenue Street Pavement Improvement Project, a pavement overlay project and the Sam's Club storm drain project. In addition, Mr. Soufiani provided on call public works inspection for the City of Azusa, for public improvements associated with private development projects in the City. Additional examples are the Citrus Crossing project and the Azusa Pacific University expansion. Madjid Yazdi Senior Inspector/ AutoCAD Operator D B.S. Industrial Design, California State University Northridge v California State Contractor License California State Real Estate License r Landscape Sustainable G3 Certificate Mr. Yazdi has fifteen years of experience in construction inspection and management. He has provided inspection for pavements rehabilitation, storm drains, sewers and other projects. He is familiar with funding requirements from various agencies and governmental entities. Mr. Yazdi worked as one of inspector team members for the 600 acre multiuse Rosedale development project in the foothills above the City of Azusa. This effort covered inspection of all public improvements including parks, street improvements, sewer improvements, and drainage improvements. He is currently completing site improvements inspection at Los Angeles Children's Hospital, Research Laboratories. He previously provided inspection for EPC Madany Development for EPC in Irvine. He was the inspector for civil site improvements for commercial warehouse developments in Los Angeles. He provided inspection for the Sewer System and related street improvements for the Boyajian project, also in Los Angeles. He provided construction management and inspection services for the Quantum Consulting, City of Norwalk Main Park project. He was the inspector on the Holifield Park Plaza Project for the City of Norwalk, which included new baseball facilities. He provided inspection of new concessions for an additional park and landscape project. Mr. Yazdi managed multiple educational modernization and ADA Compliance projects for LAUSD projects. He managed the development of residential and commercial projects, from design stage through construction documents and then through construction. Madjid managed Seismic Retrofit projects in San Francisco areas for commercial and multi -unit, multi -story commercial and residential Buildings. In other endeavors, he has executed contracts for warehouse construction and renovation, including complete structural rehabilitations and full mechanical improvements. He has managed projects ranging from $200,000 to $3 million utilizing the gates process. He has excellent communication skills with expertise in evaluation and compliance with local, state, and national code and standards such as ANSI, ASME, section 8, and others applicable local, state, and national codes and standards. Page 8 CCiv Ot .-.., PROPOSAL FOR CONSTRUCTION MANAGEMENT, INSPECTION LAKE �),LSTT 01kF AND MATERIALS SAMPLING AND TESTING SERVICES FOR ----.—_� lrzcrta� m ek^rrrn+e FY 2014-2015 SLURRY SEAL PROGRAM Mr. Yazdi worked as an inspector for the Aquatic Pavilion and swimming pool project. This project included a 10,000 square foot building, a competition swimming pool with diving area, parking lot, specially designed architectural deck furniture, and park landscaping. He additionally provided public works inspection for our project work in Newport Beach. Johnny A. Cota Special Inspector D I.C.B.O Structural Steel welding Certification `r I.C.B.O Reinforced Concrete Certification Licensed Deputy Building Inspector (SSW) City of Los Angeles "r Licensed Special Inspector (SSW,RC) County of Los Angeles P Licensed Special Inspector (SSW,RC) County of Los Orange Y Licensed Special Inspector (SSW,RC) City of Irvine > Licensed Special Inspector City of Long Beach ➢ Licensed Special Inspector (SSW,RC) City of Riverside ➢ Licensed Special Inspector (SSW,RC) County of Riverside Mr. Cote has many years of special inspection and deputy inspection experience on projects throughout Southern California. While with Quantum Consulting, he has provided inspection services for the Rosedale and Azusa Village Offsite Utilities projects in the City of Azusa and for the Carson Community Center HVAC and Roofing Replacement project in the City of Carson. Professional Experience • Rosedale Development, Azusa Redevelopment, 600 acre civil improvements inspection Hemingway Aquatic Center, City of Carson, CA, Special Inspections • American Bridge Division of United Sates Steel, Los Angeles, California Quality control of material identification and welding procedures of power house piping pen stocks. Helms Creek Hydro Power Generating Plant, Shaver Lake, California. • Ironworkers Union, Los Angeles, California • Balcon Ironworks, Lancaster, California Fabricated ground support equipment for Lockheed, Palmdale, California Structural steel fabrication of buildings throughout California • Azusa Village, Utility and Street Relocations and Intersection Improvements, paving, pipeline, concrete and special inspections. • Ameron Plant, South Gate, California Shop inspection of submerged arc welded plate sections for bridge retrofit at LAX. • Star Ironworks, Pomona, California Metro -Rail project. General Manager of structural and miscellaneous steel members fabricated and erected in below ground subway tunnels. • Inspection Testing Consultants, San Francisco, California Inspection and testing of seismic anchoring connections at roof and floor. Concrete and shotcrete placement of grade beam and shear walls, welding of steel moment frames. Performed at existing unreinforced brick buildings through the San Francisco Bay Area. • Inspection Consulting Services, West Covina, California Pre -cast concrete tilt up buildings, masonry block structures, amusement park rides (welding and high strength bolts), post tension concrete floors and decks, welding of structural steel framing. Page 9 Ci'fr qt PROPOSAL FOR CONSTRUCTION MANAGEMENT, INSPECTION t,AKELSINOR,L' AND MATERIALS SAMPLING AND TESTING SERVICES FOR : �. uivan~ ti iXYO ie FY 2014-2015 SLURRY SEAL PROGRAM Section C: Similar Project Experience and References Previous Similar Experience Quantum Consulting has provided recent construction management and inspection services for the cities of Compton, Gardena, Azusa, Lawndale, Hermosa Beach, and Carson. In addition we have provided design, contract City engineering, public works, and CIP management services for many cities throughout southern California; the following is a partial listing of the cities for which Quantum Consulting team has performed services: Arcadia Azusa Baldwin Park Burbank Carson Commerce Compton Culver City EI Segundo Gardena Hermosa Beach Inglewood Lancaster Lawndale Lomita Manhattan Beach Monrovia Newport Beach Norwalk Palmdale Redondo Beach San Marino Sierra Madre Thousand Oaks West Covina The following represent some of the projects for which Quantum Consulting has provided construction management and inspection services over the past few years. These projects demonstrate the experience of our staff that encompasses all aspects of construction management and inspection as delineated in the RFP. On —Call Public Works Quantum Consulting has been providing on call public works Inspection Services inspection services for the City of Gardena for the past three City of Gardena years. During this time we have provided inspections for all public and private facilities within or affecting the right of way, including pavement rehabilitation, drainage, sewer and water facilities, traffic control. This work included coordination and notification to residents to maintain access to individual properties and businesses during construction, maintain high quality of workmanship due to visibility of the project. These projects were completed on time and within budget. Quantum Consulting provided construction management and inspection services to the Azusa Redevelopment Agency for a redevelopment site in Downtown Azusa. This project included relocation of underground sewer and water lines, relocation of telephone transmission and distribution lines, relocation of electrical services, transmission and distribution lines, relocation and modification of a traffic signal, sidewalk and street improvements and streetscape improvements. Due to the Azusa Village Center location of the project in a busy downtown with frontage on a (Block 36) Offsite major arterial, coordination with City staff, local businesses and Utilities Relocation the public was essential. Douglas Preble, John Cota and Jerry City of Azusa Ichien were involved with this project. ➢ Construction Management ➢ Inspection Rosedale Mixed Use Quantum Consulting provided construction management and Project (600 Acres) inspection services to the City of Azusa for the 600 acre Rosedale mixed use project in the foothills of Azusa. Inspection TPage 10 PROPOSAL FOR CONSTRUCTION MANAGEMENT, INSPECTION HARE L LSTI� Y0IZ,h- AND MATERIALS SAMPLING AND TESTING SERVICES FOR s; oiumi 6XI'Ar t. FY 2014-2015 SLURRY SEAL PROGRAM City of Azusa included rough grading, final grading, drainage improvements, L Construction new street improvements, new pedestrian facilities, new Management underground utility improvements, and two public parks. This Inspection work included careful monitoring of the approved SWPPP's and application of BMP's around the development site during the course of construction. Work on this project terminated as construction ceased in 2009 due to the unfavorable housing market conditions. Douglas Preble, Jerry Ichien, John Cota and John Soufiani were involved in this work. Citrus Crossing Quantum Consulting provided construction management and Commercial Center inspection services for off-site street, sidewalk and streetscape City of Azusa improvements for a commercial center at Citrus Avenue and Foothill Boulevard, Douglas Preble and John Soufiani were involved with this work. Fenimore Avenue Quantum Consulting provided construction management and Project inspection services for off-site underground utility improvements City of Azusa and street improvements associated with a multiple family Construction residential development. Douglas Preble and John Soufiani were Management involved with this work ➢ Inspection Verizon ROS Fiber Quantum Consulting provided plan review, permit issuance and Optic Construction inspection services for the City of Azusa related to underground City of Azusa cross City Verizon HOS trunkline installation. Douglas Preble, Jerry Ichien and John Soufiani were involved with this work. On —Call Public Works Quantum Consulting provided on call public works inspection Inspection Services services for the City of Lawndale for a period of five years. City of Lawndale During this time we provided inspections for all public and private facilities within or affecting the right of way, including pavement rehabilitation, drainage, sewer and water facilities, traffic control. This work included coordination and notification to residents to maintain access to individual properties and businesses during construction, maintain high quality of workmanship due to visibility of the project. This project was completed on time and within budget. Hemingway Aquatic Center City of Carson Project Management ➢ Construction Management Inspection Quantum Consulting provided This work included extensive coordination and notification to residents and maintaining high quality of workmanship due to visibility of the project. This project required extensive coordination with City staff and Los Angeles County Health Department. The project also involved coordination with Southern California Edison because Page 11 c ily 1)1 ''� PROPOSAL FOR CONSTRUCTION MANAGEMENT, INSPECTION LAK%, LSINOJKF AND MATERIALS SAMPLING AND TESTING SERVICES FOR �'-�.� Mr,in Ex,1Arw FY 2014-2015 SLURRY SEAL PROGRAM part of the site included SCE right of way for transmission line facilities. Douglas Preble, John Cota and John Soufiani were involved in this project. Community Center Quantum was involved in the project management and design of Roof and HVAC Project this project in addition to construction management and City of Carson inspection. The work involved replacement of the roof membrane D Architectural Design and new replacement HVAC units on the roof of a portion of the D Engineering Design Carson Community Center building adjacent to Carson City Hall. Project Management Close coordination with City staff and the public was necessary Construction to complete this work while the Community Management p y Center remained in Inspection full operation. Douglas Preble and Jerry Ichien were involved in this project. Newport Pier Rehabilitation Project City of Newport Beach Y Construction Management Y Inspection The City of Newport Beach implemented the renovation of the Newport Pier to meet the community need for an upgraded facility. Quantum Consulting provided inspection services for the complete overhaul of the pier, which completed ahead of schedule and within budget. Frank Bigdeli and Madjid Yazdi were involved with this work. Utilities Under- The City of Hermosa Beach completed a utilities under - grounding Project grounding Project to enhance the appearance of its streetscape City of Hermosa Beach and provide for a better view of the ocean for its residents. ➢ Project Management Quantum Consulting provided project management as well as Construction construction management and inspection for the project. Management Community relations were an essential part of the management Inspection services. The residents, business owners and the visitors were kept informed throughout the project, which took two years to complete. Frank Bigdeli was involved with this project. Washington Boulevard The Culver City Redevelopment Agency completed a Streetscape Project, streetscape improvement project that included landscaped Phase 11 medians, sidewalk replacement, thematic banners and banner Culver City Redevelopment brackets, traffic signal upgrades, and specially designed and Agency fabricated "palm tree surrounds". Frank Bigdeli provided Construction construction management services for this project. Management Page 12 <riv 01 PROPOSAL FOR CONSTRUCTION MANAGEMENT, INSPECTION iL;S1N0PE AND MATERIALS SAMPLING AND TESTING SERVICES FOR S1Xrr(Me FY 2014-2015 SLURRY SEAL PROGRAM Client Reference List Quantum Consulting offers the following references. Each will provide an insight into the quality of the services that Quantum Consulting has provided on a variety of CIP projects for cities throughout southern California. City of Compton, Hien Nguyen, Assistant City Engineer Telephone Number: (310) 605-5539 Email: hnguyen@comptoncity.org Address: 205 South Willowbrook Avenue, Compton, CA 90220 City of Gardena, Public Works Department John Felix, Associate Engineer Telephone Number: (310) 217-9643 Email: jfelix@ci.gardena.ca.us Address: 1717 W. 162nd Street, Gardena, CA 90247 City of Lawndale Nasser Abbaszadeh, Public Works Director Telephone Number: (949) 443-6339 Email: Nabbaszadeh@lawndalecity.org Address: 4722 Manhattan Beach Boulevard, Lawndale CA 90260 City of Jurupa Valley Alan Kreimeier, Chief Financial Officer (formerly at City of Azusa) Telephone Number: (951) 332-6464 Email: Finance@JurupaValley.org Address: 213 E. Foothill Blvd. Azusa, CA 91702 t �/�A Page 13 Cal or _c.,, __ PROPOSAL FOR CONSTRUCTION MANAGEMENT, INSPECTION L_Sl I`t:OKE AND MATERIALS SAMPLING AND TESTING SERVICES FOR ---7v—(7 — �azna[vrrteme FY 2014-2015 SLURRY SEAL PROGRAM Section D: Company Qualifications Quantum Consulting is ready to begin work on September 10, 2014. Quantum Consulting has been privileged to provide construction management and inspection services exclusively to municipalities throughout Southern California. Moreover, we are currently providing project services for the cities of Gardena, and Compton for various pavement restoration/replacements, water, sewer and other public works projects. We have also provided similar services for the cities of Azusa, Lawndale, Carson, and Hermosa Beach. Our proposed team members are well versed in public works projects and project management as staff extension for many municipalities in Southern California. The proposed principal in charge, Frank Bigdeli, P.E. is currently serving as the contract city engineer for the City of Gardena and has also previously functioned as the contract city engineer for the cities of Lawndale, Azusa, and Commerce. Other proposed team members, Douglas Preble, P,E., John Soufiani, and Madjid Yazdi have also inspected and managed many similar projects for these and other cities so there is no "learning curve" associated with our services and as such we are able to transition into the project seamlessly and with no down time resulting in cost savings to the project budget because of our intimate familiarity with municipal processes, protocol, and culture. Quantum Consulting possess the depth of experience and staffing to meet and exceed your expectations. Our list of repeat municipal clients is a testimonial to our dedication in providing the highest quality services with the utmost sensitivity towards the residents, the city, staff, and the public officials. Background Quantum Quality Consulting, Inc. is a full service civil engineering consulting firm, which exclusively serves municipal clients in Southern California. Quantum Consulting is a California corporation licensed to provide professional engineering services. Quantum Consulting has provided project management, construction management and inspection and administration services to municipalities throughout Southern California. We are well versed in construction management and inspection of Capital Improvement Programs (CIP), and we have served as contract city engineers, public works managers, and CIP managers for many cities in the past. These services have been successfully completed entirely by our in house staff on time and within budget. We have designed and managed construction of numerous CIP projects with various local, State, and federally funded grant requirements and are also very familiar with Caltrans procedures and the Local Assistance Procedures Manual. We possess the depth of experience and staffing to meet and exceed your expectations. Our proposed City of Lake Elsinore team of professional engineers, construction managers, inspectors, and support staff has performed similar services for other municipalities, both as city employees and as consultants. Our list of repeat municipal clients is a testimonial to our dedication in providing the highest quality services with the utmost sensitivity toward the City's residents, staff, and public officials. We understand and comply with the contracting, insurance, and licensing requirements of the City of Lake Elsinore, and we are currently meeting similar requirements for other cities. Page 14 ary of PROPOSAL FOR CONSTRUCTION MANAGEMENT, INSPECTION L � LSl ffOI� AND MATERIALS SAMPLING AND TESTING SERVICES FOR u—`m ea 1)iUAnrrntE FY 2014-2015 SLURRY SEAL PROGRAM Quantum Consulting, Inc. has a proven record of delivering quality services within budget and on time, through provisions for: • Effective project management • Open communication • Team coordination • Carefully defined roles and responsibilities • Budget tracking system • Detailed work breakdown structure • Schedule control • Constructability and bidability reviews • Quality control commitment Page 15 CITY UItk— LAKE m� -' UtZen1 EYUUME 91 PROPOSAL FOR CONSTRUCTION MANAGEMENT, INSPECTION AND MATERIALS SAMPLING AND TESTING SERVICES FOR FY 2014-2015 SLURRY SEAL PROGRAM EXHIBIT A Statement of Qualifications MTGL, Inc. L �r MUNI ;. '..]4[101 z TGL Inc, is incorporated under the laws of the State of California and has been in business since 1993. In addition to our headquarters located in Anaheim, we have offices in the cities of San Diego, Riverside, Indio and the Los Angeles International Airport. With a staff of over 80 Engineers, Inspectors, Technicians and support staff, MTGL can provide services throughout Southern California. MTGL has over 19 years of extensive experience in providing materials testing, special inspection and laboratory services to numerous municipalities, agencies, school districts and contractors throughout Southern California. MTGL Inc. is a certified Small Business Enterprise (SBE), Disadvantaged Business Enterprise (DBE), Minority and Women Owned Business Enterprise (M/WBE) by the Los Angeles County Metropolitan Transportation Authority. In addition, MTGL is a Community Business Enterprise (CBE) by the County of Los Angeles. Our laboratories are certified by Caltrans, the Army Corps of Engineers, AASHTO, the Division of the State Architect, the City of Los Angeles and the City of San Diego, just to name a few. LEST OF SERVICES Geotechnical Engineering — MTGL has been active in all phases of geotechnical engineering, construction inspection and materials testing for all aspects of commercial, industrial, municipal and residential developments since its formation. As such MTGL can assist the design team in identifying potential seismic hazards and provide recommendations for site preparation, grading and foundation types. During construction, MTGL can assist in ensuring that all soils used in construction are correctly compacted and meet project plans, specifications and soils report. Construction Inspection/Testing — MTGL provides complete materials testing, inspection and quality control services to all facets of the construction industry. Our services are performed in our laboratory, at fabrication plants and at construction sites. We verify compliance with municipal, state and national building codes and standards as well as project plans and specifications. Materials Engineering/Construction Consulting — Our firm has expertise with the properties of concrete, asphalt, masonry, steel and other materials, as well as the full range of construction practices. MTGL's personnel are skilled at determining or investigating construction problems and providing our clients with economical solutions. If structural materials perform inadequately, or if uncertainties exist about their quality, MTGL can quantify unknown properties, investigate, and report how and why these conditions exist. When requested, we will recommend acceptable alternatives. Pavement Consulting — MTGL's engineers and professional staff are specially trained to provide our clients with practical and cost-effective solutions or any pavement challenge or design. Non-destructive Examination (NDE) — NDE is an effective way of evaluating materials without destroying their usefulness. MTGL provides NDE services at the project site, at the fabrication facility, or in our laboratory. All of our technicians are highly trained and experienced in the use of these techniques and equipment, including ultrasonic inspection, magnetic particle inspection, and dye penetrant inspection, ensuring an accurate and thorough analysis. Certifications: MTGL, Inc is fully certified by numerous agencies to provide Geotechnical Investigations, Special Inspection and Materials Testing. Our testing laboratories are fully certified and can provide virtually any tests required. Our certifications include: • AASHTO • CCRL • Caltrans • Division of State Architect • County of Los Angeles • City of Los Angeles • City of San Diego MTGL, I.e. Riverside, California Mfcoeeu.:.neon Mm` MCHEIen VaMwM1Y millsiol 2n lrc,vi,lc, pfl, stile Hct MIN Atin nit- aCorosod slots a/24E010 .7115 o.oli 06921: F.329 5011- a1111,11W 11— 9/).1/2010 ni21..1.111, nl:ilo OI551 D3I36 DN19 nl9a> 01,411 D411e 06981 ells p99 m9^M:. accrooll10 not.4/11/3soe ,I ftn 01Y 0 x CII. C13a 0546 C)n2030)] 0111(so 101.6 In cnd"o6slnm 4/v/2a s A615 AIvInn.. %.lin Llron '."Oars: Tempe 5nen9U (.11(i), .enc Ton solei0) 106lU.I .col o1n)0..11, IcsI.Mrs: Tensile el—In.(Ao.). poll Te.(©50) -OFiwifile4TUL:x)ze`sN.rL/-. 1unx�n 'wp xw+lvlxlmcs rr+.x�l�,: M1YIN41ntv}w �nw YF4 S1A5'fLKt ryan�„x.�ts;. -kG:a'acv>4a,vrfiwtWsti: Hot Mix Asphalt- attrediled since 10/22/2003 - -1'-1`421'x' T328 - D1560 (SOolity) D156102041 D2122 D2726 D3203 03666 D5444 06926 Soli- accredited 'Inc" 10/22/2003 D1140 D1552 D2216 D2419 02044 D3740 D4318 Aggregate - acocontCd since 2/15/2001 C40 C117 C127 C128 C136 0566 C1027 D2419 D3666 Portland Cement Concrete - a[vedRed since 11/20/2003 C31 (Cyllndeo) C39 C138 C143 CSR C123 C231 C61I C1064 C1077 C1231 Masonry - accredped since 5/1/2006 C1091 CMU: 0140 (Sampling, Measurement, AbSmpHOn, Compressive Strength) 05552 Pistols - accredited since 10/10/2000 A615 Delorme0anp Phon Crti om5fcel Hors: Tensile Stren d, (A370), Send lest (F290) Vii, rid tRl�TH SECTION 3 GENERAL PROJECT APPROACH GEOTECHNICAL, SOILS AND MATERIALS TESTING MTGL provides geotechnical, soils and materials testing and inspection services for a variety of industries, including education, public works construction and roadways. MTGL will perform testing/inspection duties as necessary upon request of the contractor or client representative in accordance with the development and schedule of the Project. MTGL will provide special inspection and testing services in accordance with the project specifications and specific standards as required by the client for all necessary construction activities, including, but not limited to the following: PROJECT KICKOFF Upon notice to proceed, our Project Manager will work with the client representative to gain a thorough understanding of the project and our role. Our initial meeting will review the following: • Project schedule and budget constraints • Geological conditions of the project area, i.e. liquefaction potential, groundwater, proximity to faults and/or AP Zone, soil type, etc. -:1110W�vI :, s,. „ . ,x. , .._,., • Regulatory and jurisdiction approval requirements i.e., Caltrans, Army Corps of Engineers, Municipal Government, Federal Government, DTSC, etc. • Contact information for all involved parties including: architect, engineer, contractor, regulatory agencies, suppliers, etc. FIELD REPORTING A daily had written report will be issued at the completion of the day with verified service hours signed by the Project Superintendent. The Construction Manager, Architect, Structural Engineer, and General Contractor's project manager will be mailed the reports within 7 working days of our service after review from our Field Engineer, TEST AND REPORT DELIVERY TIMELINE Geotechnical Reports — Final Geotechnical Reports will be delivered within three weeks after the completion of drilling. MTGL realizes that often the design team cannot proceed without the Geotechnical Investigation. In order to expedite the design process, our Geotechnical Engineer can contact the design team to provide preliminary results within two business days after drilling. Laboratory Tests — MTGL strives to provide test results in a timely manner. Final reports for typical tests are provided within seven (7) calendar days. If requested, preliminary verbal results can be provided within one business day. In the event that a sample yields abnormal results or fails a test, we provide verbal notification within two hours with the final report delivered within 24 to 48 hours. After a filed test, we fast-track reporting of subsequent re -tests and provide a final report within 3 to 4 business days or sooner per client request. SECTION 1 EXPERIENCE MTGL has extensive experience working with street, roadway and highway projects utilizing both Caltrans and Greenbook standards. The following table lists sample projects followed brief descriptions of recent projects. 1-215 / SR -74 Interchange Improvements, Perris, CA Whittier Boulevard Improvements, Montebello, CA SR -91 Carpool lanes, Anaheim, CA SR -52 Widening and Extension, San Diego County, CA Ramona Boulevard Improvements, Baldwin Park, CA Limonite Avenue Reconstruction, Mira Lorna, CA Agua Mansa Road Widening, Colton, CA Pacific Street Bridge, Oceanside, CA Fred Waring Drive Rehabilitation, Palm Desert, CA City -Wide Street Rehabilitation, Fountain Valley, CA City -Wide Street Rehabilitation, West Covina, CA 1-15 Bus Rapid Transit Stations, San Diego County, CA Superloop Transit Amenities Project, San Diego, CA s �ToV.�'{[ l " Quantum Quality Consulting, Inc. Civil Engineering Consulting Services August 28, 2014 Walter Allison, P.E. City Engineer Public Works Department City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 RE: PROPOSED FEE SCHEDULE FOR CONSTRUCTION MANAGEMENT, INSPECTION AND MATERIALS SAMPLING AND TESTING SERVICES FOR FY 2014-2015 SLURRY SEAL PROGRAM (CIP PROJECT NOS. Z10014 & Z10022) IN THE CITY OF LAKE ELSINORE. Dear Mr. Allison, Quantum Quality Consulting, Inc. is pleased to submit our proposal to provide construction management, inspection and materials sampling and testing services to the City of Lake Elsinore for the FY 2014-2015 Slurry Seal Program (CIP Projects Nos. Z10014 & Z10022). I am attaching the fee schedule for the construction management, inspection and materials sampling and testing services for the FY 2014-2015 Slurry Seal Program for Quantum Quality Consulting and MTGL, Inc. our geotechnical sub -consultant. We look forward to working with your staff. Please let us know if you have any questions, comments or if we may be of any further assistance. This proposal is valid for a period of not less than ninety (90) calendar days from the date of this submittal. Please do not hesitate to contact us for any additional information you may need regarding our qualifications. Sincerely, Frank Bigdeli, P.E. President 2720 Sepulveda Blvd. Suite 100, Torrance, CA 90505 P.310.891.3994 -F.310.891.3995 fbigdeligthequantumconsulting.com CITY OF LAKE ELSINORE QUANTUM CONSULTING INC. CONSTRUCTION MANAGEMENT, INSPECTION August 28, 2014 AND MATERIALS SAMPLING AND TESTING FEE PROPOSAL FY 2014-2015 SLURRY SEAL PROGRAM Notes: This fee proposal is valid for one hundred twenty (120) days. The fees are inclusive of telephone, fax, mail and travel costs. The fees are inclusive of printing of project deliverables. All other printing will be at cost plus 15/. City ofLake Elsinore to make provision for providing timely access to records. Proposal is Based on 50 days of Inspection per Section 1, Item A Quantum Consulting, Inc. 2720 Sepulveda Boulevard, Suite 100 QTorrance, CA 90505 310 8913994 _ °p m 'o � U V p j N N Rate $ 200 $ 130 $ 110 $ 65 $ 110 Lump Surn 11. Construction Phase Initial Meeting 4 4 4 4 Materials and Methods Sam ling and Testing -On Siteand Lab $27,780 Construction Management 40 Inspection 400 Weekly Meetings 40 Certified Payrolls 20 Total Hours 4 4 84 20 404 Total Fee $ 800 $ 520 $ 9,240 $ 1,300 $ 44,440 $ 27,780 $ 84,080 Ill. Construction Close-out Phase Coordinate close out of the project. 1 21 21 41 41 1 Deliver a final completed project to the City 2 4 Present to the City 'Icomplete project close out file. 1 1 4 4 1 1 Total Hours 2 2 10 12 0 Total Fee 15 4001 $ 26015 1,100 1 S 780 1 S $ 2,590 TOTAL• r Notes: This fee proposal is valid for one hundred twenty (120) days. The fees are inclusive of telephone, fax, mail and travel costs. The fees are inclusive of printing of project deliverables. All other printing will be at cost plus 15/. City ofLake Elsinore to make provision for providing timely access to records. Proposal is Based on 50 days of Inspection per Section 1, Item A Quantum Consulting, Inc. 2720 Sepulveda Boulevard, Suite 100 QTorrance, CA 90505 310 8913994 LIST OF SUBCONTRACTORS [ATTACHED] Not Applicable EXHIBIT B CITY OFink LADE ) LSINORT .. DREAM EXTREME - REPORT TO CITY COUNCIL TO: Honorable Mayor And Members of the City Council FROM: Grant Yates City Manager DATE: September 9, 2014 PROJECT: Commercial Design Review No. 2014-01 - A request by California Gold Development for the development of a 18,800 square foot retail building with associated 15,000 square foot outdoor display area and associated improvements including two bio -retention basins, parking and landscaping located at the northwestern corner of Collier Avenue (SR -74) and Enterprise Way (APN 377-120-002 & 038) Recommendation 1. Adopt Resolution No. 2014-_; A Resolution of the City Council of Lake Elsinore, California Regarding a Tractor Supply Company Retail Store located at the Northwestern Corner of Collier Avenue (SR -74) and Enterprise Way (APN 377-120- 002 & 038), Adopting Mitigated Negative Declaration No. 2014-01 for Commercial Design Review No. 2014-01. 2. Adopt Resolution No. 2014- ; A Resolution of the City Council of the City of Lake Elsinore, California Regarding a Tractor Supply Company Retail Store located at the Northwestern Corner of Collier Avenue (SR -74) and Enterprise Way (APN 377-120-002 & 038), Adopting Findings of Consistency with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) for Commercial Design Review No. 2014-01. 3. Adopt Resolution No. 2014-_; A Resolution of the City Council of the City of Lake Elsinore Approving Commercial Design Review No. 2014-01 for a Tractor Supply Company Retail Store located at the Northwestern Corner of Collier Avenue (SR - 74) and Enterprise Way (APN 377-120-002 & 038). Background On August 19, 2014, the City of Lake Elsinore Planning Commission unanimously recommended approval of Commercial Design Review No. 2014-01 for the CITY COUNCIL STAFF REPORT CDR NO. 2014-01 SEPTEMBER 9, 2014 PAGE 2 of 4 development of an 18,800 square foot Tractor Supply Company retail building with associated 15,000 square foot outdoor display area and associated improvement. Additionally, the Planning Commission unanimously adopted Resolution No. 2014-31 approving Variance No. 2014-01 to allow a reduction in the required setback and landscaping in order to work around existing power lines along Collier Avenue and to facilitate full -width road improvements along the project's frontage on Collier Avenue and Enterprise Way. The Planning Commission also unanimously adopted Resolution No. 2014-32 approving Conditional Use Permit No. 2014-01 for the outdoor display area associated with the proposed project. Project Request & Location The proposed project includes the construction of a Tractor Supply Company retail store consisting of an 18,800 -square -foot retail building; two drainage basins (8,000 and 2,100 square feet); permanent 15,000 square feet of outdoor display; perimeter landscaping; and accompanying parking areas with 97 parking spaces at the northwestern corner of Collier Avenue (SR -74) and Enterprise Way (APN 377-120-002 & 038). Two driveways are proposed off Enterprise Way and one driveway is proposed off Collier Avenue (SR -74). All proposed structural improvements on the project site have been designed to comply with the standards contained in the City of Lake Elsinore's Zoning Code (Title 17 of the Lake Elsinore Municipal Code). The project's landscape features will include trees, shrubs, vines, and decorative groundcover and surfaces. Architecture/Colors and Materials The building is mainly comprised of a combination of smooth lap siding, stone veneer and metal roofing. The building is articulated using a metal canopies to achieve interest. The building's roofline has been broken up with varying parapet heights and a peaked entry. Contrasting colors in the proposed building colors and materials are complimentary and have been chosen to enhance the architectural elements on the building. Slightly tinted window glazing will further serve to compliment the building's color scheme. Analysis The proposed Tractor Supply Company retail store is in conformance with all applicable development standards of the Lake Elsinore Municipal Code. In addition, the project has been designed with enhanced architectural characteristics such as raised parapets, and varying color treatments and materials, to create interesting building elevations. The Design Review Committee that includes staff from Planning, Building and Safety, CITY COUNCIL STAFF REPORT CDR NO. 2014-01 SEPTEMBER 9, 2014 PAGE 3 of 4 Fire and Engineering reviewed the requested Design Review application, recommended applicable conditions of approval, and support the application. Environmental Determination The City conducted an Initial Study to determine if the Project would result in significant impacts on the environment. Based upon the results of the Initial Study, there was substantial evidence that any potential impacts to the environment associated with the Project could be mitigated to less than significant levels. For this reason, Mitigated Negative Declaration No. 2014-01 was prepared in conformance with the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.: "CEQA") and the State Implementation Guidelines for CEQA (14 California Code of Regulations Sections 15000, et seq.: "CEQA Guidelines") and applicable requirements of the City of Lake Elsinore, to disclose potential environmental impacts and to propose mitigation for those impacts. City staff received only one comment letter (from the Pechanga Band of Luiseno Indians) on the MND during the 30 -day public review comment period which began on July 7, 2014, and ended on August 5, 2014. Two additional letters (State Clearinghouse and City of Temecula) were received following the conclusion of the comment period. Copies of the comment letters are attached to this staff report. Fiscal Impact Ultimately, the proposed project will have a positive fiscal impact to the community and the City. The proposed Tractor Supply Company retail store will generate sales tax revenues for the City of Lake Elsinore. In addition to the sales tax revenue that will be generated, it is anticipated that the development of the project will provide construction jobs. Prepared by: Richard J. MacHott, LEED Green Associate Planning Manager Approved by: Grant Taylor Community Development Director Grant Yates City Manager CITY COUNCIL STAFF REPORT CDR NO. 2014-01 SEPTEMBER 9, 2014 PAGE 4 of 4 Attachments: 1. Vicinity Map 2. Aerial Photo 3. City Council Resolutions 4. Conditions of Approval 5. Initial Study for Mitigated Negative Declaration No. 2014-01 6. Mitigation Monitoring & Reporting Program 7. Comment Letters regarding Mitigated Negative Declaration 8. Letter in Support from Debra Wong 9. Projects Plans 24" X 36": Site Plan, Conceptual Grading Plan, Colored Elevations and Preliminary Planting Plan 10. Color and Materials Board 11. Planning Commission Staff Report of August 19, 2014 VIA E-MAIL and USPS WICIIIANOA CLII,'I'URAL RFSOURCES Aenwcula Band ol'baseno Mission Indians Mr. Richard. MaclLott Planning Manager City of Lake Elsinore Community Development Dept 130 South Main Street Lake Elsinore, CA 92530 Post Ounce. Box 2183 - Ici lecula, ( A 92593 A eIcphone [95 1) 308-9295 • Prlx (95 1 ) 506.9491 August 5, 2014 (wilpo'soll: Mary lion Muga Vi,o Chili )peI on: Daiicne Miienda Couenitlec Membcls: Eve Gerber midget( nmcello Maxwell Richard R. scem cc, III Director: Guy DuBois Coordinator: Paul Macarro Plonning spcewlisl: lLba Fh o Oulil Cullm.d Analyst: Ano Hoover Re: Pechanga Tribe Comments on the Notice for Public Hearing and Notice of Availability and Intent to Adopt a Mitigated Negative Declaratioa for the Tractor Supply Project Dear Mr. MacHott: This comment letter is written on behalf of the Pechanga Band of L.uiseho Indians (hereinafter, "the Tribe"), a federally recognized Indian tribe and sovereign government. The Tribe formally requests, pursuant to Public Resources Code §21092.2, to be notified and involved in the entire Cl -,'QA environmental review process for the duration of the above referenced project (the '`Project"). If you have not done so already, please add the "Tribe to your distribution list(s) for public notices and circulation of all dOenmentS, including environmental review dOCUlnnents, archaeological reports, and all documents pertaining to this Project. The Tribe further requests to be directly notified of all public hearings and scheduled approvals concerning this Project. ['lease also incorporate these comments into the record of approval for this Project. The 'Tribe thanks the City of Lake Elsinore and the Developer for providing mitigation to preserve and protect any sensitive LUISe0o cultural resources and traditional landscapes that may be found dining earthmoving and to require both archaeological and Pechanga tribal monitoring during earthmoving activities. The State and Federal governments have mandated that cuftural resources must be appropriately mitigated for within the confines of development projects. The Tribe appreciates the active role the City takes to maintain the significant history of the Tribe and California. PECHANGA CULTURAL AFFILIATION TO PROJECT AREA The Pechanga Tribe asserts that the Protect area is part of Luischo, and therefore the Tribe's, aboriginal territor}l as evidenced by the existence of Luiseno place names, toota,yi.Y,,Vv I (rock art, pictographs, petroglyphs), traditional landscapes, a Traditional Cultural Property (TCP), cuftural Sacred is The Dutll Dusted Unto Our Cm e And (44th Honor We Rise 76 The Need Pechanga Comment Letter tothe City of Lake tasinorc. Re: Pechanga Tribe Comments on the MND for Tractor Supply August 5, 2014 Page 2 areas and an extensive L,uiseno artifact record in the vicinity ol'the Project. This cuhurally sensitive area is affiliated with the Pechanga Band of LuiSC110 Indians because of the Fribe's cultural ties to this area as well as the close proximity of the Project to the Tribal reservation lands. The Pechanga Tribe has a spec.if-W Icgal and cultural interest in this Project as the TJbc is culturally affiliated with the geographic area that comprises the Project property and is the closest affiliated tribe to the Property. 'the "(gibe has been named the Most Likely Descendent (Cal. Pub. Res. C, §5097.98) on Projects in the nearby vicinity of the proposed Project and has specific knowledge Of cultural resources and sacred places near the proposed Project which we have shared with the City on previous occasions on this and other projects. The Tribe welcomes the opportunity to meet with the City to further explain and provide documentation Concerning our specific cultural affiliation to lands within your jurisdiction, if so desired. REOUESTED TRIBAL INVOLVEMENT AND MITIGATION The Pechanga Band is not opposed to this Project, however. we are opposed to any direct, indirect and cumulative impacts this Project may have to tribal cultural resources. The Tribe's primary concerns stem from the Project's proposed impacts on Native American cultural resources. The Tribe is concerned about both the protection of unique and irreplaceable cultural resources, such as Luiscno village sites, TCPs, sacred sites and archaeological items which would be displaced by ground disturbing work on the Project, and on the proper and lawful treatment of cultural items, Native American human remains and sacred items likely to be discovered in the course of the work. The Tribe is in receipt of the Project Initial Study (IS) for the Mitigated Negative Declaration (MND). The proposed Project is located in a highly sensitive region of Luiscno territory — a Traditional Cultural Property, and the Tribe believes that the possibility for recovering subsurface resources during ground -disturbing activities is high. The Tribe has over thirty-five (35) years of experience in working with various types of construction projects throughout its territory. The combination of this knowledge and experience, along with the knowledge of the culturally -sensitive areas and oral tradition, is what the Tribe relies on to make fairly accurate predictions regarding the likelihood of subsurface resources in a particular location. Based upon the information provided to the Tribe, there are no known cultural resources located within the Project boundaries. Therefore, the sensitivity of this Project lies with the potential to impact subsurface, unknown cultural resources during earthmoving activities. At this time, the 'tribe thanks the City of Lake Elsinore for working closely with us to develop appropriate and adequate mitigation measures. These are identified in the IS as MM CR -1 to -6 and have been copied below for reference. We request that these measures/conditions of approval, with the minor edits proposed below, be incorporated into the final IS/MND and any other final environmental documents approved by the City. Pechanga Cultural Resources • Temecula Band ofbaserio Mission Indians Post Office Boa 2183 • Temecula, CA 92592 Sacred Is The Daus Trusted Unto Our Care And With !Honor He Rise To The Need Pechanga Comment Letter to the City of Lake I'�Isinorc. Re: Pechanga'Fribc Comments on the MND for'Fmctor Supply August 57 2.01/1 Page 3 MM CRI Prior to the issuance of a grading permit, the project applicant/developer shall retain a City -approved Project Archaeologist and a Native American Monitor to monitor all ground -disturbing activities in all areas of, the project in an effort to identify any unknown archaeological resotn'ccs. Any newly discovered cultural resourccc deposits shalt be subject to a cultural resourecs evaluation. MM CR 2 At least 30 days prior to seeking a grading permit, the project applicant shall contact the appropriate 1 ribe' to notify that Tribe of grading, excavation and the monitoring program, and to coordinate with the City of Lal<e hlslnore and the "[Vibe to develop a Cultural Resources 'I rcaunent and Monitoring Agreement. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of professional Native American Tribal monitors during grading, excavation and ground disturbing activities: project grading and development scheduling; terms of compensation for tine Monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. MM CR3 Prior to issuance of any grading permit, the Project Archaeologist shall file a pre - grading report with the City to document the proposed methodology for grading activity observation. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. h1 accordance with the agreement required in MM CR 2, the archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the appropriate "Tribe in order to evaluate the significance of any archaeological resources discovered on the property. Tribal and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop and redirect grading activities in consultation with the project archaeologist. MM CR 4 file 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. MM CR 5 If inadvertent discoveries of subsurface archaeological/cultural resources are discovered during grading, the Developer, the project archaeologist, and the appropriate tribe shall assess the signifrcal= of such resources and shall meet and confer regarding the mitigation for such resources. I'ursuant to Calif. Pub. Res. Code & 21053.2(b) avoidance is the ureferred Method of preservation for archaeolo6cal 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 Corn intill ity Development Director (CDD) for decision. The CUD shall make the determination It is anticipated that the Pechanga Tribe will be the "appropriate"'T'ribe due to their prior and extensive participation and coordination with the City to determine potentially significant impacts and appropriate mitigation measures. Pechanga Culaaral Resources • Temecula Band of Lmms o A9ission Indians Post Office Bos 2183 • Temecula, C4 92592 Sacred Is The Diulo T vsled Unlo Om- Care And With Horror We Rise To The Need Pechanga Comment Letter to the Cit y of Lake IiIsinorc Re: Pechanga Tribe Comments on the MND for I mctor Supply August 5. 2014 Page 4 based on the provisions of the California 1?nvironmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of thc'Tribe. MM CR 6 If human remains are cncoi.intered, California I lealth 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 sinal 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 Ileritagc Commission must be contacted -within 24 hours. Subsequently, the Native American Heritage Commission shall identify the person or persons it believe to be the "most likely descendant." The most likely descendant may then make recommendations, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment neement described in MM CR 2, The Pechanga 'Tribe again thanks the City and looks forward to continuing to work together with the City of Lake Elsinore in protecting the invaluable Pechanga Cultural resources found in file Project area. Please contact me at 951-770-8104 or at ahoover Dpechanga-nsn.gov once you have had a chance to review these comments if you have any comments or concerns. Thank you. Sincerely, Anna I loover Cultural Analyst Ce Pechanga Office of the General Counsel Pechaz;,a Cdim al Resources - Temecula Baud of Liiiseiio A4ission Indians Post Office Box 2183 • Temecula, CA 92592 Sacred Is The Dutv Trusted Unto Our Care And 117ith 11(mor We Rise To 711cNeed IIx 2J�:„ o, yi ]?dn and G. Brown .h'. Governor STATE OF CALIFORNIA Governor's Office of Planning and. Research August 6, 2014 State Clearinghouse and Planning Unit Richard L MacHott City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Subject: Tractor Supply Company Project SCHM 2014071019 Dear Richard J. MacHott: RE CEIV E'l) /\wl 1 i M4 CITY OF dyAK'4: E ;L':yINO E:: PLANNING DIvIS'ION� o �tArFOF Fn�1FOPa\P Ken Alex Director The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state agencies for review. The review period closed on August 5, 2014, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the ten -digit State Clearinghouse number when contacting this office. Sincerely, Sc organ Director, State Clearinghouse 1400 TEN 111: STREET P.O. BOX 3094 SACRAMDN'1'O, CALIFORNIA 95812-3044 TEL (916) 445-0613 FAX(916)323-3018 wwm' oOpr.ca.gov Document Details Report State Clearinghouse Data Base SCH# 2014071019 Project Title Tractor Supply Company Project Lead Agency Lake Elsinore, City of Type MND Mitigated Negative Declaration Description The proposed project includes the construction of a tractor supply store consisting of a 18,800 sf tractor supply building; two drainage basins consisting of 8,000 and 2,100 sf; permanent outdoor display areas of 18,120 sf; perimeter landscaping; and accompanying parking areas with 91 parking spaces. Two driveways are proposed off Enterprise Way and one driveway is proposed off Collier Avenue (SR -74). The project's landscape features will include trees, shrubs, vines, and decorative groundcover and surfaces. The project will also include the construction of offsite roadway improvements, the purpose of which is to improve the local circulation following development of the project. Lead Agency Contact Name Richard J. MacHott Agency City of Lake Elsinore Phone (951) 674-3124 x209 Fax email Address 130 S. Main Street City Lake Elsinore State CA Zip 92530 Project Location County Riverside City Lake Elsinore Region Railways Lat / Long 330 41'34" N / 117° 20'47" W Cross Streets Northwest corner of Enterprise Way and Collier Avenue Parcel No. 377-120-002 and 377-120-038 Township 5S Range 4/5W Section 31/36 Base Proximity to: Highways 1-15, CA -74 Airports Railways Waterways Elsinore Basin Schools Valley Adult School Land Use GP: Light Industrial Z: Commercial Manufacturing Project issues Aesthetic/Visual; Agricultural Land; Air Quality; Archaeologic -Historic; Biological Resources; Drainage/Absorption; Flood Plain/Flooding; Forest Land/Fire Hazard; Geologic/Seismic; Minerals; Noise; Population/Housing Balance; Public Services; Recreation/Parks; Schools/Universities; Sewer Capacity; Soil Erosion/Compaction/Grading; Toxic/Hazardous; Vegetation; Water Quality; Water Supply; Wetland/Riparian; Landuse; Cumulative Effects Reviewing Resources Agency; Department of Conservation; Department of Fish and Wildlife, Region 6; Cal Fire; Agencies Department of Parks and Recreation; Department of Water Resources; Office of Emergency Services, California; California Highway Patrol; Caltrans, District 8; Air Resources Board; Regional Water Quality Control Board, [Region 7; Native American Heritage Commission Date Received 07/07/2014 Start of Review 07/07/2014 End of Review 08/05/2014 August 7, 2014 City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (95 1) 694-6400 • Fax 19511 694-6477 • wv✓w.cityoftem cula.org R EC:EIVE•.1) Richard MacHott, Planning Manager Community Development Department 130 South Main Street Lake Elsinore, CA 92530 CITY Y OF II..P%K LL. 7Y.NlJR PLANNING DIVISION SUBJECT: Response to Notice of Intent to Adopt a Mitigated Negative Declaration No. 2014-01 Dear Mr. MacHott Thank you for the opportunity to comment on the above referenced project. At this time the City of Temecula has no comment regarding the Notice of Intent to Adopt a Mitigated Negative Declaration for the above mentioned project, involving the commercial design review and Conditional Use Permit for Tractor Supply Co. located at the northwest corner of Enterprise Way and Collier Avenue. If you have any questions or comments, please contact me at (951) 506-5173 or e-mail me at Armando.villa@cityoftemecula.org. Sincerely, Armandohia, AICP nirector of Community Development cc: Greg Butler, Assistant City Manager Tom Garcia, Director of Public Works Dale West, Associate Planner G:\PLANNING\2014\LR14-0007 Inter Agency Reviews\Lake Elsinore\Comment Letter - MND Tractor Supply.doc August 18, 2014 Richard J. MacHott Planning Manager 130 South Main Street Lake Elsinore, CA 92530 Re: Commercial Design Review No. 2014-01 Tractor Supply Company Dear Mr. MacHott, My family has owned this property since the early 1960's and we are currently in escrow with California Gold Company. As you know, California Gold is processing the Tractor Supply development project on our property, and we wholeheartedly support their project. Hopefully, with positive approvals from the City of Elsinore and Cal Trans, we will soon be processing an application for a Lot Line Adjustment to provide the 3.6 acre parcel for Tractor Supply. We recognize and acknowledge the need to complete certain temporary engineering work, such as road tapering, grading, construction staging and other related work to complete their project, and we will fully cooperate with both California Gold and the City of Lake Elsinore in that regard. If you have any questions, please contact our civil engineer Mr. Rudy Nunez, (951) 551- 6932. Sincerely yours, Debra Wong ' Manager of RKW & MLW Elsinore, LP Regency Really, LLC Cornmercial Real Estate Investments 1080 N. Batavia Street, Suite K, Orange, CA 92867.5529 Tel (714) 289-1900, pax (714) 289-1155 Fl _ _NISVO 43SOdONd Mrr-V � ,S � a9M � �d a3SOd021d J 138' R W a O 0 N x 0 3 Z z a Q Z_ d U :E J U Z Z O Q = H a wp Z O N li O (n o Q O W O a Q � W: QQ W W U OW :D M w W> �_ Q W Z Q Z Q D OW _ m Z W z J J Z O W Z U) O Z QGLLJ Q g O H 3 W w 0 p U a a O) K U rn U O O O w W W U Z R W a O 0 N Z z H � a � O Q m o b O Wx x x 3 x Of c P O O O W a O K a LL: rn --------------------- 1 (r----------gozro�Tu-i-T----- o L_ ---- NISH9 NOUN�I1D21019 aDSOdMAd M,,t/L ql o9bN Y 00 Z 0� z = m Er O z U V 1 W> W OW C 00 W U r O O U Of Z 0 z z N d W a� W � o a� U ryY w= M 0 ��az z 142' 0 O O N 01 Id MSWObd — N co N r n O CD co 0� z 00 U ~ U Q Z 0 z N Y--1 E -o o <0 Q ��E.., 0 0-4z 01� 011' } fa - 0 U U U W cn NO O QW Orn O N :E H (i , Id MSWObd — N co N r n O CD co 3nN3AV 11-100 '50 c CD a) -cc OR a) 70 a) m > -,--) 01 0 —CU o oc 2) w— 'o co ) .0 co :03 0 C: C: > Q L O :3 E u) > 0 0) co 0) O)o oco o� 0-0 a) (D 0 Q) a) vi 0) a) U U) to m CL r (lam s 91 9 s >w }S, � v to s >w �. CITY OF LADE )LS1B0PvjE ` DREAM EXTREME - CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: Honorable Chairperson Members of the Planning Commission FROM: Richard J. MacHott, LEED Green Associate Planning Manager DATE: August 19, 2014 PROJECT: Commercial Design Review No. 2014-01, Conditional Use Permit No. 2014-01 & Variance No. 2014-01 - A request by California Gold Development for the development of a 18,800 square foot retail building with associated 15,000 square foot outdoor display area and associated improvements including two bio -retention basins, parking and landscaping located at the northwestern corner of Collier Avenue (SR -74) and Enterprise Way (APN 377-120-002 & 038). APPLICANT Jim Todd, California Gold Development, 133 Old Wards Ferry Road, Sonora, CA 95370 OWNER: Debra Wong, RKW & MLW Elsinore, LP, 1080 N. Batayia Street, Ste.K, Orange, CA 92867 Recommendation 1. Resolution No. 2014- ; A Resolution of the Planning Commission of the City Of Lake Elsinore, California Regarding a Tractor Supply Company Retail Store located at the Northwestern Corner of Collier Avenue (SR -74) and Enterprise Way (APN 377-120-002 & 038), Adopting Mitigated Negative Declaration No. 2014-01 for Conditional Use Permit No. 2014-01 and Variance No. 2014-01; and Recommending to the City Council of the City of Lake Elsinore Adoption of Mitigated Negative Declaration No. 2014-01 for Commercial Design Review No. 2014-01. 2. Resolution No. 2014- ; A Resolution of the Planning Commission of the City of Lake Elsinore, California Regarding a Tractor Supply Company Retail Store located at the Northwestern Corner of Collier Avenue (SR -74) and Enterprise Way (APN 377-120-002 & 038), Adopting Findings of Consistency with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) for Conditional Use CDR No. 2014-01, CUP 2014-01 & VAR 2014-01 August 19, 2014 Page 2 of 5 Permit No. 2014-01 and Variance No. 2014-01; and Recommending to the City Council of the City of Lake Elsinore Adoption of Findings of Consistency with the MSHCP for Commercial Design Review No. 2014-01. 3. Resolution No. 2014- ; A Resolution of the Planning Commission of the City of Lake Elsinore, California, Approving Variance No. 2014-01 Related to a Reduction in the Required Setbacks and Landscaping Adjacent to Collier Avenue and Enterprise Way for a Tractor Supply Company Retail Store located at the Northwestern Corner of Collier Avenue (SR -74) and Enterprise Way (APN 377-120- 002 & 038). 4. Resolution No. 2014-; A Resolution of the Planning Commission of the City Of Lake Elsinore, California, Approving Conditional Use Permit No. 2014-01 for a Tractor Supply Company Retail Store located at the Northwestern Corner of Collier Avenue (SR -74) And Enterprise Way (APN 377-120-002 & 038). 5. Resolution No. 2014- ; A Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending to the City Council of the City of Lake Elsinore Approval of Commercial Design Review No. 2014-01 for a Tractor Supply Company Retail Store located at the Northwestern Corner of Collier Avenue (SR - 74) and Enterprise Way (APN 377-120-002 & 038). Project Request & Location The proposed project includes the construction of a Tractor Supply Company retail store consisting of an 18,800 -square -foot retail building; two drainage basins (8,000 and 2,100 square feet); permanent 15,000 square feet of outdoor display; perimeter landscaping; and accompanying parking areas with 97 parking spaces at the northwestern corner of Collier Avenue (SR -74) and Enterprise Way (APN 377-120-002 & 038). Two driveways are proposed off Enterprise Way and one driveway is proposed off Collier Avenue (SR -74). All proposed structural improvements on the project site have been designed to comply with the standards contained in the City of Lake Elsinore's Zoning Code (Title 17 of the Lake Elsinore Municipal Code). The project's landscape features will include trees, shrubs, vines, and decorative groundcover and surfaces. CDR No. 2014-01, CUP 2014-01 & VAR 2014-01 August 19, 2014 Page 3 of 5 Environmental Setting Architecture/Colors and Materials The building is mainly comprised of a combination of smooth lap siding, stone veneer and metal roofing. The building is articulated using a metal canopies to achieve interest. The building's roofline has been broken up with varying parapet heights and a peaked entry. As shown on the attached color elevations and color and materials board, the applicant is proposing multiple colors on the building including: Walls: Sherwin Williams Paint — "Urban Putty" Sherwin Williams Paint — "Sanderling" Sherwin Williams Paint — "Safety Red" Eldorado Stone Veneer — "Savannah Eldorado Stone Sill Cap — "Buckskin" Awnings: Metal Roofing — Galvanized Steel Powder Coat — Black The contrasting colors are complimentary and have been chosen to enhance the architectural elements on the building. The slightly tinted window glazing will further serve to compliment the building's color scheme. EXISTING LAND GENERAL PLAN ZONING USE Project Site Vacant Limited Industrial C -M (Commercial Manufacturing) Northwest Vacant Limited Industrial C -M (Commercial Manufacturing) & M-1 Limited Manufacturing) Southwest Commercial, Limited Industrial C -M (Commercial Industrial Park, Manufacturing) & M-1 Towing Yard, (Limited Manufacturing) Auto Wrecking Northeast Cemetery, Light Public Institutional PI (Public/Institutional) Industrial & M-2 (General Manufacturing) Southeast Commercial and Public/Institutional and PI (Public/Institutional) Cemetery General Commercial and C-2 (General Commercial Architecture/Colors and Materials The building is mainly comprised of a combination of smooth lap siding, stone veneer and metal roofing. The building is articulated using a metal canopies to achieve interest. The building's roofline has been broken up with varying parapet heights and a peaked entry. As shown on the attached color elevations and color and materials board, the applicant is proposing multiple colors on the building including: Walls: Sherwin Williams Paint — "Urban Putty" Sherwin Williams Paint — "Sanderling" Sherwin Williams Paint — "Safety Red" Eldorado Stone Veneer — "Savannah Eldorado Stone Sill Cap — "Buckskin" Awnings: Metal Roofing — Galvanized Steel Powder Coat — Black The contrasting colors are complimentary and have been chosen to enhance the architectural elements on the building. The slightly tinted window glazing will further serve to compliment the building's color scheme. CDR No. 2014-01, CUP 2014-01 & VAR 2014-01 August 19, 2014 Page 4 of 5 Variance Request The subject property has a unique setting given that it has existing power lines located on the property's frontage along State Route 74 (Collier Avenue). In order to obtain additional right-of-way along State Route 74 a reduction in the setback and landscaping is required in order to work around the existing power lines. For this reason, the applicant has submitted an application for Variance No. 2014-01. The reduced landscaping will provide sufficient landscaping that will be compatible with the landscaping on nearby development properties. The reduced setback and landscaping are the minimal reduction possible that will still enable the project to dedicate the additional right-of-way needed along both Collier Avenue (SR -74) and Enterprise Way. The reduced landscaping will provide sufficient landscaping that will be compatible with the landscaping on nearby development properties. Analysis The proposed Tractor Supply Company retail store has been found in conformance with all applicable development standards of the Lake Elsinore Municipal Code. In addition, the project has been designed with enhanced architectural characteristics such as raised parapets, and varying color treatments and materials, to create interesting building elevations. The Design Review Committee that includes staff from Planning, Building and Safety, Fire and Engineering have reviewed the requested Design Review application, recommended applicable conditions of approval, and support the application. Environmental Determination The City conducted an Initial Study to determine if the Project would result in significant impacts on the environment. Based upon the results of the Initial Study, there was substantial evidence that any potential impacts to the environment associated with the Project could be mitigated to less than significant levels. For this reason, Mitigated Negative Declaration No. 2014-01 was prepared in conformance with the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.: "CEQA") and the State Implementation Guidelines for CEQA (14 California Code of Regulations Sections 15000, et seq.: "CEQA Guidelines") and applicable requirements of the City of Lake Elsinore, to disclose potential environmental impacts and to propose mitigation for those impacts. City staff received only one comment letter (from the Pechanga Band of Luiseno Indians) on the MND during the 30 -day public review comment period which began on CDR No. 2014-01, CUP 2014-01 & VAR 2014-01 August 19, 2014 Page 5 of 5 July 7, 2014, and ended on August 5, 2014. A copy of the comment letter is attached to this staff report. Prepared By: Richard J. MacHott, LEED Green Associate Planning Manager Approved By: Grant Taylor, Community Development Director Attachments: 1. Vicinity Map 2. Aerial Photo 3. Planning Commission Resolutions 4. Conditions of Approval 5. Initial Study for Mitigated Negative Declaration No. 2014-01 6. Mitigation Monitoring & Reporting Program 7. Comment Letter from Pechanga Band of Luiseno Indians dated August 5, 2014 8. Color Elevations 9. Color and Materials Board 10. Projects Plans 24" X 36": Site, Conceptual Grading Plan and Colored Elevations VICINITY MAI' COMMERCIAL DESIGN REVIEW NO. 2014-01 CITY OF LAKE LSI AERIAL PHOTO COMMERCIAL DESIGN REVIEW NO. 2014-01 CITY OF ,rte LADE LSI 1 LORE CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) GENERAL CONDITIONS 1. The proposed project (Commercial Design Review No. 2014-01, Conditional Use Permit No. 2014-01 and Variance No. 2014-01) consists of the development of a 18,800 square foot retail building with associated 15,000 square foot outdoor display area located at the northwestern corner of Collier Avenue (SR -74) and Enterprise Way (APN 377-120-002 & 038). Improvements include two bioretention basins, parking and landscaping. 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the proposed project attached hereto. PLANNING DIVISION 3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 4. The applicant shall submit a check in the amount of $2,181.25 made payable to the County of Riverside for the filing of a Notice of Determination. The check shall be submitted to the Planning Division for processing within 48 hours of the project's approval. 5. Commercial Design Review No. 2014-01 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC) Section 17.184.120. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Chapter 17.184 shall run with the land for this two-year period, Planning Commission Approved Page 1 of 25 City Council August 19, 2014 September 9, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site which was the subject of the design review application. 6. Conditional Use Permit No. 2014-01 shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC) Section 17.168.080. Subject to the provisions of LEMC Section 17.168.110, a conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application 7. Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by the Building and Safety Division, Community Development Department. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 8. All site improvements shall be constructed as indicated on the approved building plans, as modified by these conditions of approval. 8a. Wrought iron or "wrought iron" looking steel or aluminum fencing with block pilasters that match the building materials shall be installed around the outdoor display area in place of the black vinyl coated chain link fence shown on the site plan and elevations on the two sides that face Collier Avenue and Enterprise Way. Prior to installation of the required fencing the applicant shall submit a detailed fencing plan to the Community Development Director for review and approval. (Added by the Planning Commission at its August 19, 2014 meeting.) 9. Any minor revisions to approved site plan or building elevations shall be reviewed and approved by the Community Development Director or designee. Any substantial revisions to the site plan or building elevations shall be reviewed according to the provisions of the Municipal Code in a similar manner as a new application. Planning Commission Approved Page 2 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) 10.All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan. 11. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. 12.The property address (in numerals at least six inches high) shall be displayed near the entrance and be easily visible from the front of the subject property and public right-of-way. 13.Three (3) sets of the Final Landscaping/Irrigation Detail Plan with shall be submitted to the Community Development Department with appropriate fees, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of a building permit. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. C) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). d) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. e) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. Planning Commission Approved Page 3 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) f) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. g) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. h) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. i) Final landscape plan must be consistent with approved site plan. j) Final landscape plans to include planting and irrigation details. 14.The Applicant is to meet all applicable City Codes and Ordinances and regulations of other City Departments. 15. No individual signs are approved as part of this approval. The applicant or designee shall submit an application for a sign permit, pay appropriate fees and receive approval from the Community Development Department for any sign(s) installed at the project site. 16.The project shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 17 — Zoning unless modified by approved Conditions of Approval. 17. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 18. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity (i.e., 7:00 A.M. — 7:00 P.M., Monday through Saturday with no construction activity to occur on Sundays or legal holidays) and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674 - Planning Commission Approved Page 4 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) 3124. The sign shall be installed prior to the issuance of a grading permit. 19.Any and all existing or proposed public areas shall be made accessible in accordance with Americans with Disabilities Act (ADA) requirements. 20.Any and all improvements shall be in compliance with the 2013 California Building Code (CBC). MITIGATED NEGATIVE DECLARATION NO. 2014-01 MITIGATION MEASURES 21.The applicant shall comply with the following mitigation measures, which are set forth in the Mitigation Monitoring Program (MMP) for Mitigated Negative Declaration No. 2014-01, which was adopted for this project: a. MM 13I0-1: Due to the presence of suitable habitat onsite for the western burrowing owl, a qualified biologist shall conduct pre -construction focused species surveys within 30 -days prior to any ground -disturbing activities at the project site where suitable habitat is present. If burrowing owls are determined to occupy the project site during preconstruction surveys, CDFW shall be consulted and a passive relocation program shall be undertaken to relocate owls to an area outside the impact zone. The relocation shall be conducted following accepted protocols and would occur outside of the breeding season for the burrowing owl. Existing burrows shall be destroyed once they are vacated. b. MM 13I0-2: In order to avoid violation of the federal Migratory Bird Treaty Act (MBTA) and California Fish and Game Code site -preparation activities (removal of trees and vegetation) shall be avoided, to the greatest extent possible, during the nesting season (generally February 1 to August 31) of potentially occurring native and migratory bird species. If preparation activities are to occur during the avian nesting season, February 15 through August 31, then a 30 -day pre -construction clearance nesting bird survey shall be conducted by a qualified biologist to determine whether active nests of species protected by the MBTA or the California Fish and Game Code are present in the construction zone. If active nests are not located within the project area and appropriate buffer, construction may be conducted during the Planning Commission Approved Page 5 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) nesting/breeding season. However, if active nests are located during the pre - construction field survey, no grading or heavy equipment activity shall take place within at least 500 feet of an active listed species or raptor nest, 300 feet of other sensitive or protected (under MBTA or California Fish and Game Code) bird nests (non -listed), or within 250 feet of sensitive or protected songbird nests. A qualified biologist shall be required to monitor the nest until it is determined that the nest is no longer active, at which time vegetation removal could continue. c. MM BIO -3: Prior to issuance of a grading permit, the applicant/developer shall pay the MSHCP development mitigation fee for commercial development in effect at the time the permits are issued. d. MM BIO -4: Prior to issuance of a grading permit, the SKRHCP fee shall be paid. As currently stated in the Habitat Conservation Ordinance, the fee is $500 per acre. e. MM BIO -5: Prior to issuance of a grading permit, the applicant/developer shall pay the MSHCP development mitigation fee for commercial development in effect at the time the permits are issued. f. MM CR -1: Prior to the issuance of a grading permit, the project applicant/developer shall retain a City -approved Project Archaeologist and a Native American Monitor to monitor all ground -disturbing activities in all areas of the project in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. g. MM CR -2: At least 30 days prior to seeking a grading permit, the project applicant shall contact the appropriate tribe" to notify that 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 Planning Commission Approved Page 6 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) human remains discovered on the site. (*It is anticipated that the Pechanga Tribe will be the "appropriate" Tribe due to prior and extensive coordination with the City in determining potentially significant impacts and appropriate mitigation measures due to its demonstrated cultural affiliation with the project area.) h. MM CR -3: Prior to issuance of any grading permit, the project archaeologist shall file a pre -grading report with the City to document the proposed methodology for grading activity observation. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required in MM CR -2, the archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the appropriate tribe in order to evaluate the significance of any archaeological resources discovered on the property. Tribal monitors shall be allowed to monitor all grading, excavation and ground breaking activities, and shall also have the authority to stop and redirect grading activities in consultation with the project archeologist. i. MM CR -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. MM CR -5: If inadvertent discoveries of subsurface archaeological/cultural 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 California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the appropriate tribe. k. MM CR -6: 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 Planning Commission Approved Page 7 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) 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 coroner shall contact the Native American Heritage Commission within 24 hours. Subsequently, the Native American Heritage Commission shall identify the person or persons it believes to be the "most likely descendant." The most likely descendant may then make recommendations, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98. I. MM GEO-1: Following stripping, fill removal, and any demolition activities a minimum, remedial grading in building or other structural areas include removal and replacement of the existing soil shall be to a depth of at least five feet below existing site grade, five feet below proposed subgrade, or three feet below foundation bearing grade, whichever is deeper. Remedial grading shall be performed to a horizontal distance of at least five feet beyond the proposed foundation limits. Follow the recommended overexcavation, the upper twelve inches of exposed subgrade soils beneath the overexcavated area shall be scarified, worked until uniform and free from large clods, moisture -conditioned to within 2 percent of optimum moisture -content, and recompacted to a minimum of 95 percent of the maximum density based on ASTM Test Method D1557. Remedial grading shall be performed in building areas, proposed wall locations, and any area which utilizes the recommended bearing capacity values included in the geotechnical report. m. MM GEO-2: Within the pavement and exterior flatwork areas, the exposed subgrade shall be excavated to a depth of 24 inches, worked until uniform and free from large clods and moisture -conditioned to within 2 percent of optimum moisture -content and recompacted to a minimum of 95 percent of the maximum dry density based on ASTM Test Method D1557. Prior to backfilling, the bottom of the excavation shall be proof -rolled and observed by a qualified geotechnical engineer to verify stability. This compaction effort shall stabilize the upper soils and locate any unsuitable or pliant areas not found during the field investigation. n. MM GEO-3: Trees and shrubs are located within the project site. Tree and shrub removal operations shall include roots greater than 14 inch in diameter. The Planning Commission Approved Page 8 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) resulting excavations shall be backfilled with Engineered Fill compacted to a minimum of 95 percent of maximum density based on ASTM Test Method D 1557. o. MM TR -1: Prior to the issuance of final occupancy/operating permits, the project applicant shall improve the intersection Collier Avenue/Enterprise Way by constructing a northbound left turn lane and a southbound right turn lane to City of Lake Elsinore standards.* (* The Lake Elsinore standards for intersection of Collier Avenue/Enterprise Way are those shown on the approved site plan.) ENGINEERING DIVISION GENERAL 22.As the condition for a lot line adjustment for APN 377-120-002, the property owner shall dedicate to the city at no cost for the right of way as classified in the General Plan for the half full width of Enterprise Way (34 feet from the centerline) along the southerly boundary of the property. 23. The applicant shall apply for an encroachment permit from California Department of Transportation for the driveway connecting to Collier Avenue (SR -74). A copy of the permit shall remain on site for inspection. 24.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards and hydrology manual. RCFCD permission, via an encroachment permit to connect to RCFCD facilities, needs to be received prior to City permit for construction. 25. Developer shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 26.All natural drainage traversing the site (historic flow) shall be conveyed through the site in a manner consistent with the historic flow or to one or a combination of the following: to a public facility; accepted by adjacent property owners by a letter of drainage acceptance; or conveyed to a drainage easement as approved by the City Engineer. Planning Commission Approved Page 9 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) 27.All required soils, geology, hydrology and hydraulic and seismic reports shall be prepared by a Registered Civil Engineer. 28. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC). 29.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) on site and/or out on the roadway or alley shall be the responsibility of the property owner or his agent. Qvprhead + + (34 KV er leo.) shall ber� Rde n nded r� Temporary power shall be installed per the requirements of Building Official. All power lines (temporary or permanent) shall comply with CALTRANS standards for vehicle clearance. 30.The applicant shall install permanent centerline monuments per City of Lake Elsinore Standards at intersection of the project entrance and the centerline of Enterprise Way at the driveway. 31. The applicant shall install blue dot markers in the roadway at a right angle to Fire Hydrant locations per Riverside County Standards. 32. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated both during cleaning, demolition, clear and grubbing or all other phases of construction and during occupancy. 33. Sight distance into and out of this project location shall meet or exceed CALTRANS Standards. 34.Applicant shall submit a detailed hydrology and hydraulic study for review for the sufficient containment and conveyance of the storm water to a safe and adequate discharge point. 35.The site will accommodate all construction activity, vehicles, etc. No staging on public streets, or private property belonging to others without the written permission planning Commission Approved Page 10 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) of the property owner. 36.Annexation into Citywide LLMD is required. 37.Annexation into LLMD No 1 will be required if there is no maintenance agreement for landscaping. Supply acreage of total landscape area in ROW, and number of streetlights. 38. Engineering Department, via the City Engineer, will approve location for monument/entry sign. FEES 39.The applicant shall pay all Engineering Division assessed Capital Improvement, Plan Check and Permit fees (LEMC 16.34). Applicable mitigation fees include: • Stephens Kangaroo Habitat Fee (K -Rat): $500 per gross acre; • Traffic Infrastructure Fee (TIF): $3.84 per square foot of buildings. • Transportation Uniform Mitigation Fee (TUMF): Retail SF $ 10.49 • Drainage Fee: $5,265.00 per acre (#46, Warm Springs West) Project SIC code is: 5912, retail trade, drug stores and proprietary stores. Development impact fees quoted are subject to change. Fees will be assessed at the prevalent rate at time of payment in full. STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES 40.AII storm drain inlet facilities shall be appropriately marked "Only Rain in the Storm Drain" using the City authorized marker to prevent illegal dumping in the drain system. 41. Design — The project plans shall incorporate a combination of Site Design BMPs, Source control BMPs and Treatment Control BMPs to address the potential Pollutants of Concern identified for the project, as required by California Green Building Standards, Section 5.106 and NPDES requirements for residential, Planning Commission Approved Page 11 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) industrial and commercial projects within the San Jacinto, and Santa Ana River Watersheds. 42. Hydromodification / Hydraulic Conditions of Concern — The project shall limit disturbance of natural water bodies and drainage systems; conserve natural areas; protect slopes, channels and minimize significant impacts from urban runoff. 43. Both a Storm Water Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan (WQMP) for post construction are required for this project. The WQMP must be approved prior to grading or building permit issuance. 44. Prior to grading or building permit the applicant shall demonstrate that compliance with the permit has been obtained by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing to the satisfaction of the City Engineer. 45. SWPPP — Prior to the issuance of any grading or building permits, the applicant shall demonstrate compliance with California's General permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. Projects subject to filing an NOI shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for review upon request. Projects that are not subject to coverage under the General Permit — Construction will prepare and implement an Erosion and Sediment Control Plan in compliance with the California Building Code and Local Ordinances. 46. Erosion & Sediment Control — Prior to the issuance of any grading or building permit, the applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment Control Plan as a separate sheet of the grading plan submittal to demonstrate compliance with the City's NPDES Program and state water quality regulations for grading and construction activities. The Erosion and Sediment Control Plan shall identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall Planning Commission Approved Page 12 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) be property covered, stored and secured to prevent transport into local drainages or waters by wind, rain, tracking, or dispersion. The plan shall also describe how the project will ensure that all BMPs will be maintained during construction of any future right of ways. A copy of the plan shall be incorporated into the SWPPP as applicable, kept updated as needed to address changing circumstances of the project site, be kept at the project site and available for review upon request. 47.The project shall implement LID practices that treat the 85th percentile storm in the priority order as follows: • Infiltrate • Harvest and use • Evapotranspire and/or biotreat • Treat ALL pollutants of concern and discharge (applicable to projects discharging to Lake Elsinore for recharge) 48. Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape. 49. WQMP — A Preliminary and Final WQMP are required. Prior to the issuance of any grading or building permits, the applicant shall submit for review and approval by the City Engineer, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to control identified pollutants of concern. The applicant shall utilize the MS4 Permittee Drainage Area Management Plan (DAMP), LID Guidance Manual for reference, and the MS4 Permittee's WQMP Guidance Document and Template for submittal. This WQMP shall include the following: • Detailed site and project description • Potential stormwater pollutants • Post -development drainage characteristics • Low Impact Development (LID) BMP selection and analysis • Structural and Non -Structural source control BMPs • Site design and drainage plan (BMP Exhibit) • Vector issues are addressed in the BMP design, operation and maintenance. • GIS coordinates for all LID and Treatment Control BMPs • HCOC — demonstrate that discharge flow rates, velocities, duration and Planning Commission Approved Page 13 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) volume for the post construction condition from a 2 year and 10 year 24 hour rainfall event will not cause significant adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts to downstream public facilities and water bodies. Design goal to replicate pre -development hydrologic regime. • Operation and Maintenance (O&M) Plan & Agreement (using City format) that (1) describes the long-term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identifies the entity that will be responsible for long-term operation and maintenance of the referenced BMPs; and (3) describes the mechanism for funding the long-term operation and maintenance of the referenced BMPs. 50. Prior to the issuance of a certificate of use and/or occupancy, the applicant shall demonstrate compliance with applicable NPDES permits for construction, industrial/commercial, MS4, etc. to include: • Demonstrate that all structural Best Management Practices (BMP's) described in the BMP Exhibit from the project's approved WQMP have been implemented, constructed and installed in conformance with approved plans and specifications. • Demonstrate that the project has complied with all non-structural BMPs described in the project's WQMP. • Provide signed, notarized certification from the engineer of work that the structural BMP's identified in the project's WQMP are installed and operational. • Submit a copy of the fully executed, recorded Operations and Maintenance (O&M) Plan for all structural BMPs. • Demonstrate that copies of the project's approved WQMP (with recorded O&M Plan attached) are available for each of the initial occupants (commercial/industrial) or HOA as appropriate. • Agree to pay for a Special Investigation from the City of Lake Elsinore for a date twelve (12) months after the issuance of a Certificate of Use and/or Occupancy for the project to verify compliance with the approved WQMP and O&M Plan. A signed/sealed certification from the engineer of work dated 12 months after CofO will be considered in lieu of a Special Investigation by the City. • Provide a recorded copy of one of the following: Planning Commission Approved Page 14 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) 1. A water quality implementation agreement has the approved WQMP and O&M Plan attached; or 2. The final approved Water Quality Management Plan and Operations and Maintenance Plan. 51. Chemical management — Prior to the issuance of building permits for any tank or pipeline, the uses of said tank or pipeline shall be identified and the applicant shall submit a Chemical Management Plan in addition to a WQMP with all appropriate measures for chemical management (including, but not limited to, storage, emergency response, employee training, spill contingencies and disposal) in a manner meeting the satisfaction of the Manager, Permit Intake, in consultation with the Riverside County Fire Department and wastewater agencies, as appropriate, to ensure implementation of each agency's respective requirements. A copy of the approved "Chemical Management Plans" shall be furnished to the Fire Marshall, prior to the issuance of any Certificates of Use and Occupancy. 52. Industrial Facilities — For industrial facilities subject to California's General Permit for Stormwater Discharges Associated with Industrial Activity as defined by Standard Industrial Classification (SIC) Code. • Prior to grading or building permit close-out and/or the issuance of a certificate of use and occupancy, the applicant shall demonstrate that compliance with the permit has been obtained by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing to the satisfaction of the City Engineer. IMPROVEMENTS: 53.An encroachment permit is required for all work to be done in the public right-of- way. Applicant shall submit the permit application, required fees and documents prior to issuance. 54.Applicant shall construct improvements to Caltrans requirements from the existing property line back to the proposed property line along the project frontage on Collier Avenue. New improvements to match or transition to existing improvements along Planning Commission Approved Page 15 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) the northern property boundary. Safety constraints will not allow for a bike lane at this time. 55.Applicant shall construct half width street improvements: curb, gutter, sidewalk, roadway pavement and drainage improvements on Enterprise Way. Improvements to be constructed from the southerly property line to Collier Avenue to include commercial driveway at main access. 56.All existing storm drain inlet facilities adjacent to the subject properties shall be retrofitted with a storm drain filter; all new storm drain inlet facilities constructed by this project shall include a storm drain filter. 57. All improvements must comply with ADA standards. 58. Provide street lighting, consistent with California State Codes and City Standards. 59. Dedicate right of way along Enterprise Way adjacent to the project (to total 34 feet from centerline). 60. Dedicate right of way along State Route 74 (Collier Avenue) adjacent to the project (to total 60 feet from centerline). 61.Applicant shall submit signing and striping plans for City review and approval for Collier Avenue and Enterprise Way. Plans shall include details of the secondary access showing compliance with sight distance standards, NPDES and Professional Traffic Consideration. All signing and striping and traffic control devices shall be installed and approved by the City. 62.A California Registered Civil Engineer shall prepare the improvement plans required for this project. Improvements shall be designed and constructed to Riverside County Road Department Standards latest edition, and City Codes (LEMC 12.04 and 16.34). Improvement plans will be reviewed and approved by both the City of Lake Elsinore and Caltrans. 63.The location for the entry/guide sign for this venue shall be approved by the Engineering Division. Planning Commission Approved Page 16 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) PRIOR TO GRADING PERMIT 64.A grading plan signed and stamped by a California Registered Civil Engineer shall be submitted for City review and approval for all addition and/or movement of soil (grading) on the site. The plan shall include separate sheets for erosion control, haul route and traffic control. The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and design manual (available at www.lake-elsinore.org). 65.All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 66. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and/or topography shall be in compliance with federal, state and local law and be approved by the City Engineer. 67. The applicant shall apply for, obtain and submit to the City Engineering Division a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities (aka SCE NIL). 68.All grading shall be done under the supervision of a geotechnical firm. Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the City. 69.A seismic study shall be performed on the site to identify any hidden earthquake faults, liquefaction and/or subsidence zones present on-site. A certified letter from a registered geologist or geotechnical engineer shall be submitted confirming the absence of this hazard prior to grading permit. 70. Prior to grading permit issuance the applicant shall obtain all necessary off-site easements and/or permits for off-site grading and the appl...ant sha __.,_rt drainage from the adjaGeRt PFGperty Owners prior te gFadiRg permit ssuaRGe. shall accept and direct historic flows of water from adjacent properties onto the prosect Planning Commission Approved Page 17 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) site in a safe manner approved by the City Engineer. (Amended by the Planning Commission at its August 19, 2014 meeting.) 71.Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 72.A preconstruction meeting with the City Public Works Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 73. Prior to issuance of a Grading Permit, applicant shall provide the City for review and approval a plan of all proposed haul routes to be used for movement of import or export material. Export sites located within the Lake Elsinore City limits must have an active grading permit. Public Noticing and City Council approval is required for haul routes of over 5,000 cubic yards. The cost of noticing shall be paid by the applicant. 74.Applicant shall provide the city with a copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) letter issued by the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program prior to issuance of grading permit(s). 75.Approval of the project Storm Water Pollution Prevention Plan (SWPPP) (see General Construction Permit and California Green Building Standards Code) and erosion control plan shall be received and BMPs implemented prior to issuance of a grading permit. A copy of the current SWPPP shall be kept at the project site and be available for review upon request. 76.Approval of the project Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading permit. 77.Applicant shall pay all grading permit applicable processing, permit, security and development fees including Stephens Kangaroo Rat Habitat prior to issuance of the grading permit. Planning Commission Approved Page 18 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) PRIOR TO BUILDING PERMIT 78. The applicant shall process an Agreement with the WRCOG for relief from TUMF fees. The agreement shall be executed prior to building permit 79.The applicant shall submit a "Will Serve" letter to the City Engineering Division for this project and specify the technical data for the water service at the location, such as water pressure and volume, etc. Submit this letter to the Engineering Division prior to applying for a building permit. 80.The owner shall process through the City Engineering Division for plan check, approval a lot line adjustment for APN 377-120-002 and 377-021-038. 81.AII required public right-of-way dedications and easements shall be prepared by the applicant or his agent and shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 82.A ReGPFGGal aGGess agreemeRt shall be submitted feF the GallieF Driveway fe future l,.,,., ent to the north. As the condition for a lot line adjustment the Applicant shall record an ingress/egress easement in a form approved by the City Attorney that provides access to and from Collier Avenue bV the property directly to the north of the project site. (Added by the Planning Commission at it August 19, 2014 hearing.) 83. Provide soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. 84. Prior to issuance of certificates of use and occupancy or building permits for individual tenant improvements or construction permits for a tank or pipeline, uses shall be identified and, for specified uses (where the proposed improvements will store, generate or handle hazardous materials in quantities that will require permitting and inspection once operational), the applicant shall propose plans and measures for chemical management (including, but not limited to, storage, emergency response, employee training, spill contingencies and disposal) to the satisfaction of the City Building Official(s). Planning Commission Approved Page 19 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) 85.Applicant shall pay all applicable processing and development fees including but not all inclusive: TUMF, MSHCP, TIF, and area drainage. PRIOR TO OCCUPANCY/FINAL APPROVAL: 86. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Yz x 11" mylar) shall be submitted to the Engineering Division before final inspection will be scheduled. 87.All required public right-of-way dedications, easements, dedications and vacations and easement agreement(s) for ingress and egress through adjacent property(ies) shall be recorded with a recorded copy provided to the City prior to final project approval. 88. Slope maintenance along right-of-ways and open spaces shall be maintained by the property owner. Documentation of maintenance responsibility shall be in a recordable format and recorded prior to occupancy/final. 89.All street improvements shall be completed in accordance with approved plans or as a condition of development to the satisfaction of the City Engineer. 90.All signing and striping and traffic control devices onsite and on Enterprise Way and Collier Avenue shall be installed. 91. Prior to grading or building permit close-out and/or the issuance of a certificate of use or a certificate of occupancy, applicant shall: 1. Demonstrate that all structural BMPs have been constructed, installed and are functioning in conformance with approved plans and specifications and the WQMP; 2. Demonstrate that they are prepared to implement all non-structural BMPs included in the conditions of approval or building/grading permit conditions; 3. Demonstrate that an adequate number of copies of the approved project specific WQMP are available for the future owners/occupants; and 4. The applicant shall provide all education guidelines for Water Quality Management Practices to the tenants, operators and owners of the Planning Commission Approved Page 20 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) businesses of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the approved WQMP in the Riverside County NPDES Drainage Area Management Plan. Contact the City NPDES Coordinator for handout/guideline information. 92. Chemical management plans shall be approved by the City and other appropriate agencies such as Riverside County Fire Department, the Health Services Agency's Department of Environmental Health, and sewering and/or water agencies to ensure implementation of each agency's respective requirements. Approval by the appropriate agencies shall be furnished to the Engineering Division, prior to the issuance of any certificates of use and/or occupancy. 93.The property owner shall execute and cause to be recorded a "Covenant and Agreement" in the form provided by the City to inform future property owners of the requirement to implement the approved final project -specific WQMP. 94.Applicant shall pay all outstanding applicable processing and development fees including but not all inclusive: TUMF, MSHCP, TIF, Stephens Kangaroo Rat Habitat and area drainage prior to occupancy/final approval. 95.As-built plans for all approved plan sets shall be submitted for review and approval by the City. The applicant/developer/owner is responsible for revising the original mylar plans. Once the original mylars have been approved, the applicant shall provide the City with a CD of the "as built" plans in Jif format. 96.All final studies and reports shall be submitted in .tif format on a CD/DVD. Studies and reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, SWPPP, WQMP, etc. 97. Provide on compact disc GIS Shape files of all final maps and street and storm drain plans. *ALL DATA MUST BE IN projected Coordinate System: NAD 83 State Plane California Zone VI U.S. Fleet. Planning Commission Approved Page 21 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) CITY OF LAKE ELSINORE FIRE MARSHAL General Conditions 98. Lake Elsinore Fire Protection Planning Office Responsibility - It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (CDR 2014-01) is required on all correspondence. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Fire Protection Planning Division at 130 S. Main Street, Lake Elsinore, CA 92530. Phone: (951) 671-3124 Ext. 225. The following fire department conditions shall be implemented in accordance with the Lake Elsinore Municipal Code and the adopted codes at the time of project building plan submittal, these conditions are in addition to the adopted code requirements. 99. Blue Dot Reflectors - Blue retro -reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 100. Minimum Hydrant Fire Flow - Minimum required fire flow shall be 1,750 GPM for 2 hours duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Average spacing between hydrants 500' and 250' maximum distance from any point on the street or road frontage to hydrant. 101. Super Fire Hydrants - Super fire hydrants (6" x 4" x 2-2 Y"), shall be located not less than 25 feet or more than 250 feet from any portion of the building as measured along approved vehicular travel ways. 102. Secondary Access — In the interest of Public Safety, this project shall provide an Alternate or Secondary Access. Said access shall be constructed in accordance to the City of Lake Elsinore Engineering Department standards to accommodate full fire response and development evacuation. Planning Commission Approved Page 22 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) 103. Automatic / Manual Gates — Gate entrances shall be at least two feet wider than the width of the traffic lane(s) serving that gate and no less than 20 feet wide. Any gate providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 40 -foot turning radius shall be used. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation. Automatic/manual gate pins shall be rated with shear pin force, not to exceed 30 foot pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Contact the Fire Planning office for current plan check fees. 104. Separation of Occupancy — A fire barrier wall for the separation of occupancies is required per the California Building Code. Fire walls, fire barriers, fire partitions, smoke barriers, and smoke partitions or any other wall required to have protected openings or penetrations shall be effectively and permanently identified with signs or stenciling. Such identification shall be located in accessible concealed floor, floor ceiling or attic spaces repeated at intervals not exceeding 30 feet along the wall, and include lettering not less than 0.5 inch in height, incorporating the suggested wording "FIRE AND/OR SMOKE BARRIER — PROTECT ALL OPENINGS," or other wording. 105. Operating Permit Required — This project has been reviewed and may require an operating permit in addition to the construction permit that has been conditioned for this project in accordance with Section 105.6 of The California Fire Code. Prior to Buildinq Permit Issuance 106. Plan Check Fee - Building plan check fee made payable to the City of Lake Elsinore, and shall be submitted to the Fire Department at time plans are submitted to our office(s). 107. Water System Plans - Applicant and/or developer shall separately submit 2 sets of water system plans to the Fire Department for review. Plans must be signed by a registered Civil Engineer and/or water purveyor prior to Fire Department review Planning Commission Approved Page 23 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) and approval. Mylars will be signed by the Fire Department after review and approval. Two (2) copies of the signed and approved water plans shall be returned to the Fire Department before release of a building permit. 108. Prior to Building Construction Verification — This project shall be inspected and approved by the Fire Marshal or designee prior to bringing combustible materials on site. During such inspection all permanent road signs shall be in place, all hydrants shall be operating and approved for use by the water purveyor, and all permanent road surfaces shall be completed including primary and secondary access circulation. Prior to Building Final Inspection 109. Fire Sprinkler System 13 — Install a complete fire sprinkler system designed in accordance with California Building Code, California Fire Code and adopted standards. Sprinkler systems with pipe sizes larger than 4 inches in diameter will require the Engineer or Architect of Record certification with details and calculations with "wet signature" that the building structural system is designed to support the seismic and gravity loads for the support of the additional weight of the sprinkler system. The PIV and FDC shall be located to the front of the building in an approved location, unobstructed and within 50 feet of an approved road or driveway, within 200 feet of a hydrant. A C-16 licensed contractor must submit plans, along with the current fee, to the Fire Department for review and approval prior to installation. 110. Sprinkler System Monitoring — Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads. Valve monitoring, water -flow alarm and trouble signals shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station in accordance with California Building Code, California Fire Code and adopted standards. An approved audible sprinkler flow alarm shall be provided on the exterior in an approved location. The location of the Fire Alarm Control Unit shall be located in an environmentally - controlled location in accordance with 10.14 (NFPA 72, 2010). A C-10 licensed contractor must submit plans designed in accordance with adopted standards, along with the current fee, to the Fire Department for review and approval prior to installation. Planning Commission Approved Page 24 of 25 City Council August 19, 2014 September 2, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 TRACTOR SUPPLY COMPANY (APN 377-120-002 & 038) 111. Designated Fire Lanes - The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 112. Knox Rapid Entry Box — A rapid entry Knox Box shall be installed on the outside of the building. Key(s) shall have durable and legible tags affixed for identification of the correlating tenant space. Special forms are available from this office for ordering the Knox Box. If the building/facility is protected with a fire alarm or burglar alarm system, it is recommended that the lock box be "tamper" monitoring. 113. Fire Extinguishers- Minimum install portable fire extinguishers complying with Section 906 of the 2013 California Fire Code with a minimum rating of 2A-20BC and signage. Fire extinguishers located in public areas shall be in recessed cabinets mounted 48" (inches) to center above floor level with maximum 4" projection from wall. Contact Fire Department for proper placement of equipment prior to installation. Planning Commission Approved Page 25 of 25 City Council August 19, 2014 September 2, 2014 C [1 l' 01 ,.ice: LADE LASII` ORE TRACTOR SUPPLY CO. PROJECT (COMMERCIAL DESIGN REVIEW No. 2014-01 & CONDITIONAL USE PERMIT NO. 2014-01) INITIAL STUDY FOR MITIGATED NEGATIVE DECLARATION No. 2014-01 Prepared By: CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92530 Applicant: CALIFORNIA GOLD DEVELOPMENT CORP. 133 Old Wards Ferry Road, Suite G Sonora, California 95370 Environmental Consultant: FirstCarbon Solutions 220 Commerce, Suite 200 Irvine, CA 92602 July 7, 2014 TABLE OF CONTENTS 1. INTRODUCTION...................................................... ........ ............... ............ ...... ..... ....... ......I................ 1 A. Purpose_ ........................................................... ....... ............. .... ..... ........ .. .. .. .... .. .. .. .. .. .. I B. California Environmental Quality Act.......................................................................................... I C. Intended Uses of Initial Study and Mitigated Negative Declaration ...................... ...................... 2 D. Contents of Initial Study .......... ....................................................................................................2 B. Scope of Environmental Analysis.................................................................................................3 F. Tiered Documents, Incorporation by Reference, and Technical Studies .............. ..................... ..3 1I. PRO.IEC'FDESCRIPTION....................................................................................................................6 11I. ENVIRONMENTAL CHECKLIST ......................................................................................................6 A. Background................................................................................................................................... 6 B. Environmental Factors Potentially A'ffected............................................................................... 17 C. Determination............................................................................................................................. 17 IV. ENVIRONMENTAL ANALYSIS.......................................................................................................26 1. Aesthetics....................................................................................................................................26 IL Agriculture and Forestry Resources............................................................................................27 III. Air Quality ....................................... .................................................................................... ..... 29 IV. Biological Resources...................................................................................................................38 V. Cultural Resources ............ .........................................................................................................42 VLGeology and Soils.......................................................................................................................44 VII. Greenhouse Gas Emissions.........................................................................................................47 VIII. Hazards and Ilazardous Materials...............................................................................................50 IX. hydrology and Water Quality.....................................................................................................53 X. Land Use and Planning...............................................................................................................57 XI. Mineral Resources......................................................................................................................58 XII. Noise.. .................................... ......................................... _ ............................................ ............ 59 X11LPopulation and Housing..............................................................................................................63 XIV. Public Services............................................................................................................................64 XV. Recreation...................................................................................................................................65 XVI. 'Transportation/"fraftic.................................................................................................................66 XVII. Utilities and Service Systems ......................... ...................... ............................................. ........ 69 V. MANDATORY FINDINGS OF SIGNIFICANCE..............................................................................72 lnilial Study jor A itigaied Negalive Deelaration No. 2014-01 Page iii LIST OF APPENDICES APPENDIX A: AIR QUALITY APPENDIX B: CULTURAL APPENDIX C: PI IASE I ENVIRONMENTAL SITE ASSESSMENT APPENDIX D: GEOTECHNICAL REPORT APPENDIX E: NOISE APPENDIX F: TRANSPORTATION AND TRAFFIC LIST OF TABLES Table 1: Localized Significance Analysis......................................................................... 'fable 2: Localized Carbon Monoxide Concentrations..................................................... Table 3: Construction Air Pollutant Emissions................................................................. Table 4: Operational Air Pollutant Emissions.................................................................. Table 5: Project Operational Greenhouse Gases............................................................... LIST OF EXHIBITS Exhibit1: Regional Location Map................................................................................................................9 Exhibit 2: Local Vicinity Map, Aerial Base............................................................................................... 1 1 Exhibit 3: Local Vicinity Map, Topographic Base..................................................................................... 13 Exhibit4: Site Plan..................................................................................................................................... 15 /nidal Saudi, for Ahiigaled Negative Decla�oiion No. 2014-01 Page iv I. INTRODUCTION A. PURPOSE This document is an Initial Study for evaluation of environmental impacts resulting from implementation of the Tractor Supply Company Project (Commercial Design Review No. 2014-01 & Conditional Use Permit No. 2014-01). For purposes of this document, these applications will be called the "proposed project." B. CALIFORNIA ENVIRONMENTAL QUALITY ACT As defined by Section 15063 of the California Environmental Quality Act (CEQA) Guidelines, an Initial Study is prepared primarily to provide the Lead Agency with information to use as the basis for determining whether an Environmental Impact Report (EIR), Negative Declaration, or Mitigated Negative Declaration would be appropriate for providing the necessary environmental documentation and clearance for any proposed project. According to CEQA Guidelines Section 15065, an EIR is deemed appropriate for a particular proposal if the following conditions occur: • The proposal has the potential to substantially degrade quality of the environment. • The proposal has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals. • The proposal has possible environmental effects which are individually limited but cumulatively considerable. • The proposal could cause direct or indirect substantial adverse effects on human beings. According to Section 21080(c)(1) of CEQA and Section 15070(a) of the CEQA Guidelines, a Negative Declaration can be adopted if it can be determined that the project will not have a significant effect on the environment. According to Section 21080(c)(2) of CEQA and Section 15070(b) of the CEQA Guidelines, a Mitigated Negative Declaration can be adopted if it is determined that although the Initial Study identifies that the project may have potentially significant effects on the environment, revisions in the project plans and/or mitigation measures, which would avoid or mitigate the effects to below the level of significance, have been made or agreed to by the applicant. This Initial Study has determined that the proposed project may result in potentially significant environmental effects but that said effects can be reduced to below the level of significance through the implementation of mitigation measures and therefore, a Mitigated Negative Declaration is deemed the appropriate document to provide the necessary environmental evaluations and clearance. This Initial Study and Mitigated Negative Declaration are prepared in conformance with the California Environmental Quality Act of 1970 , as amended (Public Resources Code, Section 21000 et seg.); the State Guidelines for implementation of the California Environmental Quality Act ("CEQA Guidelines"), as amended (California Code of Regulations, Title 14, Chapter 3, Section 15000, et. seq.); Iridial Slud.1 for Ahligaled Ncgalive Ueclaralion No. 2014-01 Page I applicable requirements of the City of Lake Elsinore; and the regulations, requirements, and procedures of any other responsible public agency or agency with jurisdiction by law. The City of Lake Elsinore City Council is designated the Lead Agency, in accordance with Section 15050 of the CEQA Guidelines. The Lead Agency is the public agency which has the principal responsibility for carrying out or approving a prgject which may have significant effects upon the environment. C. INTENDED USES OF INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION This Initial Study and Mitigated Negative Declaration are informational documents which are intended to inform the City of Lake Elsinore decision -makers, other responsible or interested agencies, and the general public of the potential environmental effects of the proposed project The environmental review process has been established to enable public agencies to evaluate environmental consequences and to examine and implement methods of eliminating or reducing any potentially adverse impacts. While CEQA requires that consideration be given to avoiding environmental damage, the Lead Agency and other responsible agencies must balance adverse environmental effects against other public objectives, including economic and social goals (CEQA Guidelines Section 15021). The City of Lake Elsinore City Council, as Lead Agency, has determined that environmental clearance for the proposed project can be provided with a Mitigated Negative Declaration. The Initial Study and Notice of Availability and Intent to Adopt prepared for the Mitigated Negative Declaration will be circulated for a period of 30 days for public and agency review. Comments received on the document will be considered by the Lead Agency before it acts on the proposed project. D. CONTENTS OF INITIAL STUDY This Initial Study is organized to facilitate a basic understanding of the existing setting and environmental implications of the proposed project. I. INTRODUCTION presents an introduction to the entire report. This section identifies City of Lake Elsinore contact persons involved in the process, scope of environmental review, environmental procedures, and incorporation by reference documents. II. PROJECT DESCRIPTION describes the proposed project. A description of discretionary approvals and permits required for project implementation is also included. III. ENVIRONMENTAL CHECKLIST FORM contains the City's Environmental Checklist Form. The checklist form presents results of the environmental evaluation for the proposed project and those areas that would have either a potentially significant impact, a less than significant impact with mitigation incorporated, a less than significant impact, or no impact. IV. ENVIRONMENTAL ANALYSIS provides the background analysis supporting each response provided in the environmental checklist form. Each response checked in the checklist form is discussed and supported with sufficient data and analysis. As appropriate, each response discussion describes and identifies specific impacts anticipated with project implementation. In this section, mitigation measures are also set forth, as appropriate, that would reduce potentially significant adverse impacts to levels of less than significance. V. MANDATORY FINDINGS presents the background analysis supporting each response provided in the environmental checklist form for the Mandatory Findings of Significance set forth in Section 21083(b) of CEQA and Section 15065 of the CEQA Guidelines. /milia] Slvdy fm Miligated Negative Declaration No. 1014-01 Page 2 VI. PERSONS AND ORGANIZATIONS CONSULTED identifies those individuals consulted and involved in the preparation of this Initial Study and Mitigated Negative Declaration. VII. REFERENCES lists bibliographical materials used in preparation of this document. E. SCOPE OF ENVIRONMENTAL ANALYSIS For evaluation of environmental impacts, each question from the Environmental Checklist Form is stated and responses are provided according to the analysis undertaken as part of the Initial Study. All responses will 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: 1. No Impact: A "No Impact" response is adequately supported if the referenced sources show that the impact simply does not apply to the proposed project. 2. Less Than Significant Impact: Development associated with project implementation will have the potential to impact the environment. These impacts, however, will be less than the levels of thresholds that are considered significant and no additional analysis is required. 3. Less Than Significant With Mitigation Incorporated: This applies where incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The Lead Agency must describe the mitigation measures and explain how the measures reduce the effect to a less than significant level. 4. Potentially Significant Impact: Future implementation will have impacts that are considered significant and additional analysis and possibly an EIR are required to identify mitigation measures that could reduce these impacts to less than significant levels. F. TIERED DOCUMENTS, INCORPORATION BY REFERENCE, AND TECHNICAL STUDIES hnformation, findings, and conclusions contained in this document are based on the incorporation by reference of tiered documentation and technical studies that have been prepared for the proposed project which are discussed in the following section. 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 is defined as follows: "Tiering refers to using the analysis of general matters contained in a broader ETR (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 ETR; 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 Update Final Recirculated Program EIR (SCH 42005121019)' (prepared in 2011) 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 Update Final Recirculated Program EIR) cannot adequately address, may occur for certain issue areas. This document, therefore, evaluates each Initial Study for Mlrlgated Negolive Declar alion No. 2014-01 Paoe 3 environmental issue alone and relies upon the analysis contained within the Lake Elsinore General Plan Update Final Recirculated Program 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 EIR or negative declaration on the actual issues ripe for decision at each level of environmental review. Tiering is appropriate when the sequence of analysis is from an EIR prepared for a general plan, policy or program to an EIR or negative declaration for another plan, policy, or program of lesser scope, or to a site-specific EIR or negative declaration." Further, Section 15152(d) of the CEQA Guidelines states: "Where an ETR has been prepared and certified for a program, plan, policy, or ordinance consistent with the requirements of this section, any lead agency for a later project pursuant to or consistent with the program, plan, policy, or ordinance should limit the EIR or negative declaration on the later project to effects which: (1) Were not examined as significant effects on the environment in the prior EIR; or (2) Are susceptible to substantial reduction or avoidance by the choice of specific revisions in the project, by the imposition of conditions or other means." 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 v. Coun(y of Los Angeles [1986, 177 Ca.3d 300]). If au 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 v. Cit), and County of San Francisco [1975, 48 Ca.3d 584, 595]). This document incorporates by reference the document from which it is tiered, the Lake Elsinore General Plan Update Final Recirculated Program EIR, published in 2011. 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, ph. (951) 674-3124. This document must be available for inspection by the public at an office of the lead agency (CEQA Guidelines Section 15150[b]). This document is available at the City of Lake Elsinore, Community Development Department, 130 South Main Street, Lake Elsinore, CA 925307 ph. (951) 674-3124. Initial S'lad.P for Mitigated Negalive Ueclaralion No. M14-01 Pagc 4 • This document must summarize the portion of the document being incorporated by reference or briefly describe the information that cannot be summarized. Furthermore, this document must describe the relationship between the incorporated information and the analysis in the General Plan EIR (CEQA Guidelines Section 15150[c]). As discussed above, the General Plan EIR addresses the entire City of Lake Elsinore and provides background and inventory information and data which apply to the project site. Incorporated information and/or data will be cited in the appropriate sections. • This document must include the State identification number of the incorporated document (CEQA Guidelines Section 15150[d]). The State Clearinghouse Number for the General Plan EIR is 2005121019. • The material to be incorporated in this document will include general background information (CEQA Guidelines Section 15150[f]). 3. Technical Studies The following Technical Studies were utilized to complete the analysis contained in this IS/MND: • Air Quality (FCS, 2014) Appendix A • Cultural (FCS, 2014) Appendix I3 • Phase I Environmental Site Assessment (Partner Engineering and Science Inc., 2013) Appendix C • Geotechnical Report (Krazan & Associates, Inc., 2013) Appendix D • Noise (FCS, 2014) Appendix E • Transportation and Traffic (Trames Solutions Inc., 2013) Appendix F IniIial S/71dy for A4iligate rl Negative Dec lana r ioa No. 2014-01 Page .5 II. PROJECT DESCRIPTION A. PROJECT LOCATION AND SETTING The project site is located in the City of Lake Elsinore, Riverside County, California (Exhibit I). The 3.44 -acre project site is located within an industrial area of the City of Lake Elsinore, at the northwest corner of Enterprise Way and Collier Avenue (SR -74). The project site is bounded by vacant land (northwest), Collier Avenue followed by Elsinore Valley Cemetery (northeast), Enterprise Way followed by California Skier Mastercraft (18171 Collier Ave.) (southeast), and vacant land (southwest). The project site is located on the Lake Elsinore, California, United States Geologic Survey 7.5 -minute quadrangle map, Range 4 West, Township 5, Section 31 and 36 (Latitude 33°41'34" North; Longitude 117°20'47" West). The project site is located at 1,300 feet above mean sea level. Exhibit 1 shows the regional location of the project site and Exhibit 2 shows the project vicinity. A topographic map of the project site is provided in Exhibit 3. B. PROJECT DESCRIPTION The proposed project includes the construction of a tractor supply store consisting of a 18,800 -square -foot tractor supply building; two drainage basins consisting of 8,000 and 2,100 square feet; permanent outdoor display areas of 18,120 square feet; perimeter landscaping; and accompanying parking areas with 91 parking spaces. Two driveways are proposed off Enterprise Way and one driveway is proposed off Collier Avenue (SR -74). Project details are contained in Exhibit 4. III. ENVIRONMENTAL CHECKLIST A. BACKGROUND 1. Project Title: Tractor Supply Company Project (Commercial Design Review No. 2014-01 & Conditional Use Permit No. 2014-01) 2. Lead Agency Name and Address: City of Lake Elsinore, 130 South Main Street, Lake Elsinore, CA 92530 3. Contact Person and Phone Number: Richard J. MacHott, LEED Green Associate, Planning Manager (951) 674-3124 Ext 209 4. Project Location: The project is located on the northwest corner of Enterprise Way and Collier Avenue, Lake Elsinore, CA 5. Project Sponsors Name and Address: California Gold Development Corp. 133 Old Wards Ferry Road, Suite G, Sonora CA 95370 6. General Plan Designation: Limited Industrial (LI) Inilial Soidy jar Adaiga/ed Negative Deelaralion No. 201 4-01 Page 6 7. Zoning: Commercial Manufacturing (CM) 8. Description of Project: The project consists of the construction of a Tractor Supply Company store, with a building, two basins, landscaping, permanent outdoor display areas, and parking. 9. Surrounding Land Uses and Setting: The project site is located in an industrial area, bounded by vacant laud (northwest), Collier Avenue followed by Elsinore Valley Cemetery (northeast), Enterprise Way followed by California Skier Masterci aft (18171 Collier Ave.) (southeast), and vacant land (southwest). 10. Other Public Agencies Whose Approval is Required: California Department of Transportation (Caltrans) Imlial StudyJor Hiligaled Negali»e Declaralion No. 201.1-01 Page 7 UTO ----------------------------- Riverside County Lake Perris State Ree Area . A/vslic \� Pei ire Luke,. Reser von I' Project Site .: Railroad �• �d��', �' 'C'mnvon Reservon - nlwflel 9e 4allei ' Labe Lake las ovate i r ' PaeifICr il e e a it . Source: Census 2000 Data, The CaSIL, FCS GIS 2014. FirstCarbon" IT i® s 2.8 0 e Exhibit 1 SOLUTIONS Miles Regional Location Map 10830018. 04/20141 1_regional.mxd CITY OF LAKE ELSINORE • TRACTOR SUPPLY COMPANY PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION IWAHLOWLIMA FirstCarbon° e1,000 500 0 1,000 Local Vicinity Map ri SOLUTIONS Mmmmmmm%mmmmwmmP�Feel Aerial Base 10830018 • 04/2014 1 2_local_aenal-M CITY OF LAKE ELSINORE •TRACTOR SUPPLY COMPANY PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION / �3, 3 � -1C 6 3 - v ,�� m ; ('q v�✓� .,y t bej \ �-,ty < �� � � � y��i t� � v. � ,�s 'L l *�v w+"' #` � 'f q f0, ia+/ } .0 •+ \a i LL ya 306 Protect Sit e ,ri;a: � Ck. ' � '2 •< V �eA \vj ..' °'�,,j'4 9nt a,�Js;/�,���,�,.$lsino 4 Yxr t Y7+' nl �.r` .� a 3,51 � va e � i`♦ I ii^.� `b �f �Y `' y4as ca i f /��i'�.n' c ��.rt »ate F.. `'� + 1 !4♦`J f � to '. N c i. v. y.- ♦ ! C I ' ? ys elf i �t t � A w �> Source: TOPOI USGS Lake Elsinore, CA (1997) Z5' DRG. CXIIIIJIL J FirstCarbon" e2,000 1,000 0 2,000 Local Vicinity Map SOLUTIONS m Feel ^; Topographic Base 10830018 • 04/2014 1 3_local_topo.mxd CITY OF LAKE ELSINORE • TRACTOR SUPPLY COMPANY PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ENTERPRISE WAY ae I, I I li N I I I Source: Architecture Plus Inc., February 2014. FirstCarbon.Exhibit 4 SOLUTIONS ® Site Plan 10830018 • 0412014 14_site_plan.cdr CITY OF LAKE ELSINORE • TRACTOR SUPPLY COMPANY PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION I I I .Ww es17 I I I I t ,I z �mnuM I I I :a•.,� o e o.pay nrea -— 1 1 I t Ov0 � ° i vv a fa ENTERPRISE WAY ae I, I I li N I I I Source: Architecture Plus Inc., February 2014. FirstCarbon.Exhibit 4 SOLUTIONS ® Site Plan 10830018 • 0412014 14_site_plan.cdr CITY OF LAKE ELSINORE • TRACTOR SUPPLY COMPANY PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 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 ❑ Agricultural and Forestry Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Greenhouse Gas ❑ Hazards & Hazardous ❑ Hydrology Water Emissions Materials Quality ❑ Land Use / Planning ❑ Mineral Resources ❑ Noise ❑ Population / Housing ❑ Public Services ❑ Recreation E] Transportation / Traffic ❑ Utilities / Service Systems El Significance Findings of Significance C. DETERMINATION I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® 1 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. El 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 ETR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. (Richard J. M. cHott, Planning Manager) Initial Study Jar Miligateo Negative Declaration No. 2014-01 Page 17 1. AESTHETICS. Would the proicet: a) Have a substantial adverse effect on a scenic El Less Than ® Elvista? Farmland of Statewide Importance (Farmland), as Potentially Significant Less Than No b) Substantially damage scenic resources, including, Significant With Significant Impact but not limited to, trees, rock outcroppings, and Impact Mitigation Impact ❑ historic buildings within a state scenic hi shwa ? incorporated 1. AESTHETICS. Would the proicet: a) Have a substantial adverse effect on a scenic El 1:1® ® Elvista? Farmland of Statewide Importance (Farmland), as b) Substantially damage scenic resources, including, ❑ ❑ ® ❑ but not limited to, trees, rock outcroppings, and ❑ ❑ ® ❑ historic buildings within a state scenic hi shwa ? c) Substantially degrade the existing visual character ❑ El ® El qualityof the site and its surroundings? ❑ ❑ ❑ d) Create a new source of substantial light or glare which would adversely affect day or nighttime ❑ ❑ ® ❑ views in the area? If. AGRICULTURE AND FORESTRY RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. World the nroieet: 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) Conflict with existing zoning for, or cause rezoning of, forest land (as defined by Public Resources Code section 4526), or timberland ❑ ❑ ❑ zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of ❑ 1:1 Elforest land to non -forest uses? e) Involve other changes in the existing environment which, due to their location or nature, could result ❑ ❑ ® ❑ in conversion of Farmland to non-agricultural use? UL AIR QUALITY. Where available, 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 mroiect: a) Conflict with or obstruct implementation of the ❑ ❑ ® ❑ applicable air quality plan? TT Violate any air quality standard or contribute substantially to an existing or projected air quality ❑ ❑ ® ❑ violation? c) Result in a cumulatively considerable net increase ❑ ❑ ® ❑ Initial Study for Mitigated Negalive Declaration No. 2014-01 Page 18 IV_ RIOLOAICAI. RESOURCES_ Would the nroiect: a) Have a substantial adverse effect, either directly or ❑ Less Than ® ❑ through habitat modifications, on any species Potentially Significant Less Than No identified as a candidate, sensitive, or special Significant With Significant impact status species in local or regional plans, policies, Impact Mitigation Impact or regulations, or by the California Department of Incorporated 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 El ® ❑ number of people? ❑ ❑ Elmarsh, IV_ RIOLOAICAI. RESOURCES_ Would the nroiect: 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, ❑ ❑ Elmarsh, 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 nurser si(es? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ® ❑ ❑ reservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community El® ❑ ❑ Conservation Plan, or other approved local, regional, or state habitat conservationplan? V. CULTURAL RESOURCES. Would the oroiect: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5 of the California Code ofRe Mations? ❑ ❑ ® ❑ b) Cause a substantial adverse change in the significance of an archaeological resource ❑ ® ❑ ❑ pursuant to §15064.5 of the California Code of Regulations? c) Directly or indirectly destroy a u uque paleontological resource or site or unique ❑ ❑ ® ❑ geologic feature? Initial Sindi,jor A4iligaled Negalive liecloralion No. 2014-01 Pagc 19 Vl_ cmi,nGV AND SOILS. Would the nroiect: a) Expose people of shuctures to potential ❑ Less "than ® ❑ substantial adverse effects, including the risk of Potentially Significant Less Than No loss, injury, or death involving: Significant With significant Impact i) Rupture of a known earthquake fault, as Impact Mitigation Impact delineated on the most recent Alquist-Piiolo ❑ Incorporated ® ❑ d) Disturb any human remains, including those 1:1 ® ❑ ❑ interred outside of formal cemeteries? ❑ ❑ ® ❑ Vl_ cmi,nGV AND SOILS. Would the nroiect: a) Expose people of shuctures 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-Piiolo ❑ ❑ ® ❑ Earthquake Fault Zoning Map, issued by the State Geologist for the area or based on other ❑ ❑ ® ❑ substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ I ® ❑ ❑ iii) Seismic -related ground failure, including Ll❑ ® 1:1liquefaction? iv) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of ❑ ❑ ® ❑ topsoil? e) Be located on a geologic unit or soil that is unstable, of that would become unstable as a result of the project, and potentially result in on- ❑ ® ❑ ❑ or off-site landslide, lateral spreading, subsidence, liquefaction orcollapse? 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 ro er ? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater ❑ El 1:1disposal systems where sewers are not available for the disposal of wastewater? VII. GREENHOUSE GAS EMISSIONS. Would the irroject a) Generate greenhouse gas emissions, either directly ❑ ❑ ® ❑ or indirectly, that may have a significant impact ❑ ❑ ® ❑ on the environment? ❑ ❑ ® ❑ b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the ❑ ❑ ® ❑ emissions of greenhousegases? VHL HAZARDS AND HAZARDOUS MATERIALS. Would the nroiect: a) Create a significant hazard to the public of the environment through the routine transport, use, or disposal of hazardous materials? ❑ ❑ ® ❑ b) Create a significant hazard to the public or the environment through reasonably foreseeable upset ❑ ❑ ® ❑ and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous materials or acutely hazardous materials, ❑ ❑ ❑ ❑ substances, or waste within one-quarter mile of an existin:,, or proposed school? 11711111( Srady fmViligated Negalh,e Deelaralioan No. 2014-01 Page 20 IX- HVDROI,OGY AND WATER QUALITY. Would the nroiect: a) Violate any water quality standards or waste ❑ Less Than ® ❑ dischar=ere uirements? Potentially Significant Less Than No b) Substantially deplete groundwater supplies or Significant With Significant Impact interfere substantially with groundwater recharge, Impact Mitigation Impact such that there could be a net deficit in aquifer Incorporated d) Be located on a site which is included on a list of El El ® 1:1table hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a ❑ ❑ ❑ result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use ❑ ❑ ❑IK ❑ airport, would the project result in a safety hazard for people residing or working in the project area? 1') 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 projectarea? El El ® 1:1increase g) Impair implementation of or physically interfere with an adopted emergency response plan or ❑ ❑ ® ❑ emergency evacuation Ian? h) Expose people or structures to a significant risk of Toss, injury or death involving wildland fires, ❑ ❑ ® ❑ including where wildlands area adjacent to ❑ ❑ ® ❑ urbanized areas or where residences are intermixed with wildlands? ❑ ❑ ® ❑ IX- HVDROI,OGY AND WATER QUALITY. Would the nroiect: a) Violate any water quality standards or waste ❑ ❑ ® ❑ dischar=ere uirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there could be a net deficit in aquifer volume or a lowering of the local groundwater El El ® 1:1table (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 perinits 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 El El ® 1:1increase 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 of provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ ❑ ® ❑ g) Place housing within a 100 -year flood hazard area ❑ ❑ ❑ as mapped on a federal Flood Hazard Boundary or Initial Study JmNliligaled Negative Declaration No. 2.014-01 Page 21 V I ANTI 1748 ANII PLANNING Wnuld thn nmiert a) Physically divide an established community? ❑ Less Than ❑ b) Conflict with any applicable land use plan, policy, Potentially Significant Less Than No or regulation of an agency with jurisdiction over Significant With Significant Impact the project (including, but not limited to the Impact Mitigation Impact ❑ general plan, specific plan, local coastal program, El Incorporated Eldelineated Flood Insurance Rate Map or other flood hazard ❑ ❑ ® ❑ delineation ma ? h) Place within a 100 -year flood hazard area El® 1:1❑ structures which would impede of redirect flood ❑ ❑ ® ❑ flows? i) Expose people of structures to a significant risk of loss, injury or death involving flooding, including El El ® El as a result of the failure of a levee or dam? j) inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ within two miles of a public airport or public use V I ANTI 1748 ANII PLANNING Wnuld thn nmiert a) Physically divide an established community? ❑ ❑ ❑ b) Conflict with any applicable land use plan, policy, ❑ ❑ ❑ El or regulation of an agency with jurisdiction over the project (including, but not limited to the ❑ ❑ ® ❑ general plan, specific plan, local coastal program, El 1:1 Eldelineated or zoning ordinance) adopted for the purpose of ❑ ❑ ® ❑ avoiding or miti satin = an environmental effect? c) Conflict with any applicable habitat conservation El® 1:1❑ Ian or natural communityconservation Ian? ❑ ❑ ® ❑ VI MINRRAI. 1217.5(NIR!'FS Wmdrl thr nrn inrt a) Result in the loss of availability of a known mineral resource that would be of value to the ❑ ❑ ❑ El region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site El 1:1 Eldelineated on a local general plan, specific plan or ❑ ❑ ® ❑ other land use plan? XII. NONE_ Wnuld the nrniect remit in: a) Exposure of persons to, or generation of noise levels in excess of standards established in the ❑ ❑ ® El general plan or noise ordinance, or other applicable standards of other agencies? b) 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 piojeet? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ❑ ® ❑ levels existing without theproject? 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? f) For a project within the vicinity of a private ❑ ❑ ❑ airship, would the project expose people residing hrilial Study for Mitigated Negative Declaration No. 2014-01 Page 22 XIII.POPULATION AND HOUSING. Would the proiect. a) induce substantial population growth in an area, Less Than either directly (for example, by proposing new Potentially Significant Less Than No homes and businesses) or indirectly (for example, Significant With Significant Impact through extension of roads or other hnpact Mitigation Impact infrastructure)? ❑ Incorporated ❑ ❑ or working in the project area to excessive noise levels? ❑ ❑ ❑ XIII.POPULATION AND HOUSING. Would the proiect. 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? c) Displace substantial numbers of people, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? XIVTUBLIC 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 nublic services: a) Fire protection? b) Police protection? cl Schools? e) Other public services/facilities? I U I U I U I ILI XV. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial ❑ ❑ ❑ physical deterioration of the facility would occur or be accelerated? ❑ ® ❑ ❑ b) Does the project include recreational facilities or require the constiuction of expansion of ❑ ❑ ❑ recreational facilities which might have an adverse physical effect on the environment? XVI.TRANSPORTATION/TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass hansit and non -motorized travel and ❑ ® ❑ ❑ relevant components of the circulation system, including hot not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand ❑ ❑ ❑ measures, or other standards established by the county congestion management agency for Imlial Study for Miligaled Negalh,e Declaralion No. 2014-01 Page 23 XVII. UTILITIES AND SERVICE SYSTEMS. Would the roject: a) Exceed wastewater treatment requirements of the Less Than applicable Regional Water Quality Control Potentially Significant Less 'Phan N Board? Significant With Significant Impact b) Require or result in the construction of new water Impact Mitigation Impact or wastewater treatment facilities or expansion of ❑ Incorporated ® ❑ designated roads m 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? ❑ ❑ ® ❑ d) Substantially increase hazards due to a design ❑ ❑ ❑ ❑ feature (e.g. sharp curves or dangerous 1:1 El intersections) or incompatible uses (e.g. farm equipment)? ❑ ❑ ® ❑ e) Result in inadequate emergency access? ❑ ❑ ❑ f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian ❑ El 1:1facilities, or otherwise decrease the performance or safety of such facilities? ❑ ❑ ® ❑ XVII. UTILITIES AND SERVICE SYSTEMS. Would the roject: 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? e) Require or result in the construction of new stornn water drainage facilities or expansion of existing ❑ ❑ ® ❑ facilities, the construction of which could cause ❑ ❑ ❑ ❑ significant environmental 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 m 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 system 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? 7111. MANDATORY FINDINGS OF SIGNMCANCE 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 m wildlife population to drop below self- sustaining levels, threaten to eliminate a plant of ❑ ❑ ® ❑ animal community, reduce the number or restrict the range of a rare or endangered plant m animal or eliminate important exannples of the major periods of California iiistor y oi-xehisto ,? b) Does the project have impacts that are individually ❑ ❑ ❑ ❑ /ni[i nl Slur/YJai' Milioaled Negalive Declarolion No, 3014-01 Page 24 milia] Study far Hiligated Negative Declaration No. 2014-01 Page 25 Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporated 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 pt obable futureprojects)? c) Does the project have environmental effects which will cause substantial adverse effects on human ❑ ❑ ❑ beings, either directly of indirectly? milia] Study far Hiligated Negative Declaration No. 2014-01 Page 25 IV. ENVIRONMENTAL ANALYSIS This section provides an evaluation of the impact categories and questions contained in the Environmental Checklist. A complete list of the reference sources applicable to the following source abbreviations is contained in Section VII, References, of this document. I. AESTHETICS a) Have a substantial adverse effect on a scenic vista? (Less Than Significant Impact) The project site currently consists of vacant land covered with natural vegetation, weeds, and trees. No operations are currently conducted onsite. Land uses in the project vicinity consist of commercial activity, previously developed land, and vacant land. Collier Avenue borders the project site to the northeast with Enterprise Way bordering the site to the southeast. The City designates scenic resources in the General Plan including Lake Elsinore, Cleveland National Forest, rugged hills, mountains, ridgelines, rocky outcroppings, streams, vacant land with vegetation, buildings of historical and cultural significance such as the cultural center, bathhouse and military acadenry, parks, and trails. The project site contains one of these features, vacant land with native vegetation. However, the project is located within an areas designated for Limited Industrial development and is not considered an area of scenic value. Furthermore, the City of Lake Elsinore is primarily concerned with the scenic vistas associated with Lake Elsinore. The proposed project is located west of Interstate 15 (I-15), situated between the roadway and the lake. However, the establishment of the proposed project would not obstruct the viewshed as the project site is located at a lower elevation than the I-15 freeway. Additionally, as discussed in the Lake Elsinore General Plan, many commuters on the 1-15 are moving too quickly to clearly observe the views from this section of the freeway. Impacts to a scenic vista will be less than significant. Mitigation Measures: No mitigation measures are required. (Sources: City of Lake Elsinore General Plan, December 13, 201 1) b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Less Than Significant Impact ) The project is not located within the vicinity of a designated state scenic highway, precluding the possibility of impacting scenic resources associated with a scenic highway. There are two routes in the project vicinity, I-15 and State Highway 74 that are designated as "Eligible State Scenic Highways - Not Officially Designated." Thus, at this time there are no designated scenic highways within the vicinity. Impacts to scenic resources within a state scenic highway are less than significant. Mitigation Measures: No mitigation measures are required. (Sources: Department of Transportation, CA Scenic Highway Mapping System. Website: littp: //www. dot. ca. gov/iiq/l.andAi-eli/sten ic_lii gliways/i n dex.litm) Initial Study Jor Allitigated Negalive Deelaralion No, 2014-01 Page 26 c) Substantially degrade the existing visual character or quality of the site and its sorrontidings? (Less Than Significant Lnpact) As previously discussed in La), above, the project is located within an existing developed industrial area. The site consists of vacant and previously disturbed land with natural vegetation. Implementation of the project would establish a commercial use with associated 'Features including landscaping. Due to the previously disturbed nature of the project site, and the industrial-related land uses within the vicinity, the project would not substantially degrade the existing visual character or quality of the site and its surroundings. impacts are less than significant. Mitigation Measures: No mitigation measures are required. (Sources: Site Visit) 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) Pursuant to the City's General Plan, light and glare impacts to the Mount Palomar Observatory are of concern to the City. Furthermore, areas of light pollution impacts have been identified through a "ring analysis," where primary impacts to the Observatory are within a 30-mile radius, and secondary impacts are up to 45 miles. According to the General Plan Figure 4.12, the project site is within the 45-mile secondary impacts radius. The project would introduce Tight features to the vacant project site, but would not adversely affect day or nighttime views in the area. The new building and associated components would include lighting features typical of commercial developments, such as security lighting and indoor store lighting. While the project would introduce new sources of light compared to the existing conditions, all lighting fixtures would comply with the general provisions as outlined in Section 17.112.040 Lighting (for Nonresidential Development) of the Lake Elsinore Municipal Code (LEMC). Section 17.112.040 requires all outdoor lighting fixtures in excess of 60 watts to be oriented and shielded to prevent direct illumination above the horizontal plane passing through the luminaire and prevent any glare or illumination oil adjacent properties or streets. Additionally, this section of the LEMC encourages the use of low pressure sodium vapor lighting due to the City's proximity to the Mount Palomar Observatory. Impacts will be less than significant. Mitigation Measures: No mitigation measures are required. (Sources: City of Lake Elsinore General Plan, December 13, 201 1) II. AGRICULTURE AND FORESTRY RESOURCES a) Corvert 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 Farmland Mapping and Monitoring Program (FMN1P) has designated the project site as "Farmland of Local Importance. Therefore, the project site is not classified as Prime Farmland, Unique Farmland, or Farmland of Statewide importance. Although the project is considered farmland that is locally important, the General Plan and Zoning Code designate the project site for commercial and limited manufacturing use. Therefore, the City does not designate the project site as farmland of local importance, but lather, land that should be utilized for other purposes, as designated. Impacts are less than significant. lnilial Smrlyfor AVligalerl Negali»e Ueelar alion No. 2014-01 Page 27 Mitigation Measures: No mitigation measures are required. (Sources: California Resources Agency, Farmland Mapping and Monitoring Program (FMMP)) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (No Impact) The California Department of Conservation indicates that no Williamson Act contracts are active for any area within Lake Elsinore. The Lake Elsinore General Plan does not identify any specific designation for agricultural uses, but does note that small-scale agricultural uses may be appropriate in the Hillside Residential land use designation. The Lake Elsinore Zoning Code does not contain any agricultural zones or any zone that principally allows agricultural uses. The project site is zoned in the Lake Elsinore Municipal Code as "CM" Commercial Manufacturing and does not propose any changes to uses allowed or development standards within the General Plan or Zoning Code related to agricultural uses. Therefore, there will be no conflict with existing zoning for agricultural use or a Williamson Act contract. No impacts would occur. Mitigation Measures: No mitigation measures are required. (Sources: California Department of Conservation. Williamson Act Program, 2011/2012) c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(8))? (No Impact) The USDA Forest Service vegetation maps identify most of the City as urban, herbaceous, or shrub type indicating that there are no areas currently growing industrial wood tree species. Portions of the City are mapped as hardwood forest/woodland. However, these areas of vegetation are primarily located within drainage, hillside, and other similar areas within the City. The project site is vacant and is neither 'forest land nor timberland as defined by the referenced code sections. In addition, the project site is zoned in the Lake Elsinore Municipal Code as "CM" Commercial Manufacturing and does not propose any changes to uses allowed or development standards within the General Plan of Zoning Code related to forest land of timberland uses, beyond that which is currently allowed. Therefore, the project will have no impact to any timberland zoning or loss of forest land. No impacts would occur. Mitigation Measures: No mitigation measures are required. (Sources: USDA Forest Service. Pacific Southwest Region. EvegTile53B_02_03_v2 and EvegTi le54_02_03_Q. 2007) d) Result in the loss of forest land or conversion of forest land to non -forest uses? (No Impact) As previously stated in Impact II c, the USDA Forest Service vegetation maps identify most of the City as urban, herbaceous, or shrub type indicating that there are no areas currently growing industrial wood tree species. Portions of the City are mapped as forest/woodland. However, these areas of vegetation are primarily located within drainage, hillside, and other similar areas within the City. The project site is vacant and does not contain forest land as defined by Public Resources Code section 4526 and Government Code section 51104(g). Therefore, development of the project will not result in the loss of forest land or result in the conversion of forest land to non -forest uses. No impacts would occur. Mitigation Measures: No mitigation measures are required. Initial StarlY ion' A4iligaled Negalive Ueclaralion No. 201¢-01 Page 28 (Sources: USDA Forest Service. Pacific Southwest Region. EvegTi1e53B_02_03 v2 and EvegTile54_02_03 Q.2007) e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? (Less Than Significant Impact) The project is bounded by roadways, vacant land, and commercial uses. The project site is designated as "Limited Industrial" by the General Plan. Surrounding land uses do not include active agriculture. The project consists of a commercial store that would not infringe on its surroundings, including potential agricultural land. The project would not cause, by location or nature, the conversion of Farmland to non- agricultural use. Impacts are less than significant. Mitigation Measures: No mitigation measures are required. (Sources: City of Lal<e Elsinore General Plan, December 13, 2011, City of Lake Elsinore Zoning Map, 2012) Ill. AIR QUALITY a) Conflict with or obstruct implementation of the applicable air quality plan? (Less Than Significant lmpact) The project site is located within the South Coast Air Basin (Air Basin) and within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The current air quality attainment plan is the 2012 Air Quality Management Plan (2012 AQMP). The 2012 AQMP was adopted on December 7, 2012 (SCAQMD 2012). The purpose of the 2012 AQMP is to set forth a comprehensive and integrated program that would lead the Air Basin into compliance with the federal 24-hour PM25 air quality standards, and to provide an update of the Air Basin's projections in meeting the federal 8 -hour ozone standards. Although the 2012 AQMP is the current AQMP for the Air Basin, the SCAQMD adopted and implemented multiple different AQMPs prior to the current 2012 document. Therefore, "AQMP" is used as a generic term when not associated with a specific document. According to the 1993 South Coast Air Quality Management District Handbook (Handbook), there are two key indicators of consistency with an AQMP: Indicator 1: Whether the project would not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emissions reductions specified in the AQMP. Indicator 2: A project would conflict with the AQMP if it will exceed the assumptions in the AQMP in 2010 or increments based on the year of project build -out and phase. The Handbook indicates that Ivey assumptions to use in this analysis are population number and location and a regional housing needs assessment. For the purpose of the analysis within this study, consistency with the 2012 AQMP would also be determined based on whether the proposed project would comply with applicable control measures, rules, and regulations, in addition to Indicator 1. Project's Contribution to Air Quality Violations The proposed project would be consistent with the 2012 AQMP, if the proposed project would not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new Imlial Stady for Mitigated Negative Declaralion No. 2014-01 Page 29 violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the Plan. As discussed in Section 3(b), below, the proposed project would not violate an air quality standard or contribute substantially to an existing or projected air quality violation. Therefore, the proposed project's an quality impacts will be less than significant in this regard. If the project emissions exceed the SCAQMD's regional thresholds for oxides of nitrogen (NO,), volatile organic compounds (VOC), and particulate matter (both PM10 and PMz>), it follows that the emissions could contribute to a cumulative exceedance of a pollutant for which the Air Basin is in nonattainment (ozone, nitrogen dioxide, PM10, PMzs) at a monitoring station, and would not be consistent with the goals of the 2012 AQMP (which are to achieve attainment of pollutants). As discussed in Section 3(c), below, the proposed project would not contribute towards a cumulatively considerable regional air quality violation impact. Therefore, the proposed project is consistent with Indicator 1, and would not conflict with the 2012 AQMP. Consistency with Growth Assumptions According to Chapter 12 of the SCAQMD's CEQA Air Quality Handbook, the purpose of the consistency finding is to determine whether a project is inconsistent with the assumptions and objectives of the regional air quality plans, and thus, whether it would interfere with the region's ability to comply with federal and state air quality standards. If a project is inconsistent, local governments need to consider project modifications or inclusion of mitigation to eliminate the inconsistency. Consistency with the AQMP implies that a project is consistent with the goals, objectives, and assumptions in the respective plan to achieve the national and state air quality standards. The proposed project would be consistent with the 2012 AQMP if it does not exceed the growth assumptions in the 2012 AQMP. The growth assumptions in the 2012 AQMP are based on regional growth projections, state housing needs allocations, vehicle miles traveled data from the Southern California Association of Governments which in turn, are informed by County and City General Plan growth projections. The City of Lake Elsinore adopted their current General Plan prior to the SCAQMD's adoption of the 2012 AQMP. Therefore, it is reasonable to assume that the growth projected by the City's General Plan is incorporated in the 2012 AQMP. The primacy method of determining consistency with the 2012 AQMP growth assumptions is consistency with the City's General Plan land use designation for the site. The City of Lake Elsinore's General Plan designates the project site as LI (Limited Manufacturing) to accommodate the growth of businesses in the project vicinity. Since the proposed project's intended land use would be consistent with the current General Plan, implementation of the proposed project would not require amendments to the City's land use or zoning designations for the project site. Therefore, the project would be within the City's General flan designation and is consistent with the SCAQMD's 2012 AQMP according to this criterion. The proposed project is consistent with Indicator 2, and would not conflict with the 2012 AQMP. Compliance with AQMP Control Measures, Rules, and Regulations In addition to not conflicting with the AQMP, the proposed project would comply with all applicable rules and regulations of the AQMP. The proposed project would include construction activities, which would increase the amount of construction fugitive dust (PMio and PM,,;), therefore the proposed project would need to comply with SCAQMD Rule 403 (SCAQMD 2005). Rule 403 governs emissions of fugitive dust during construction and operation activities. The rule requires that fugitive dust be controlled with best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. In addition, SCAQMD Rule 403 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance Imlial .Stio))Jojddlligwed Negative Declaration No. 20/4-01 Page 30 offsite. Compliance with this rule is achieved through the application of standard Best Management Practices (BMPs). Rule 403 BMPs include but are not limited to the following: • Apply nontoxic chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for 10 days or more). • Water active sites at least three times daily. (Locations where grading is to occur will be thoroughly watered prior to earthmoving.) • Cover all trucks hauling dirt, sand, soil, or other loose materials, or maintain at least 0.6 meters (2 feet) of freeboard (vertical space between the top of the load and top of the trailer) in accordance with the requirements of California Vehicle Code section 23114. • Reduce traffic speeds on all unpaved roads to 15 utiles per hour (mph) or Tess. • Suspension of all grading activities when wind speeds (including instantaneous wind gusts) exceed 25 mph. • Bumper ships or similar best management practices shall be provided where vehicles enter and exit the construction site onto paved roads or wash off trucks and any equipment leaving the site each trip. • Replanting disturbed areas as soon as practical. • During all construction activities, construction contractors shall sweep onsite and offsite streets if silt is carried to adjacent public thoroughfares, to reduce the amount of particulate matter on public streets. All sweepers shall be compliant with SCAQMD Rule 1186.1, Less Polluting Sweepers. Compliance with the BMP requirements in Rule 403 is mandatory; as such, the project is required to implement the BMPs by law. These measures are accounted for in the California Emissions Estimator Model (CaIEEMod) version 2013.2.2 computer program as "mitigation" because of how the model is constructed, even though compliance with Rule 403 requirements is neither voluntary nor considered mitigation under CEQA. The proposed project's compliance with SCAQMD Rule 403 would result in consistency with the applicable AQMP control measures. As such, the proposed project would not conflict with or obstruct implementation of the applicable air quality plans, and the impact will be less than significant. In summary, the project would not significantly contribute to an air quality violation, would be consistent with the growth assumptions of the 2012 AQMP, and would comply with all applicable rules and regulations. Mitigation Measures: No mitigation measures are required. (Sources: South Coast Air Quality Management District. 2005. Guidance for Addressing Air Quality Issues in General Plans and Local Planning. Website: littp://www.agmd.gov/prdas/aggLiide/doe /chapter05.pdf) Initial Smdy for Miligated Negative Declaration No. 2014-01 Page 31 South Coast Air Quality Management District. 2012. Air Quality Management Plan. Website: littp://www.agiiid.gov/agmp/2012agiiip/Final-i-ebruaiy2Ol3/iiidex.litiiil. February 2013) b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Less Than Significant Impact) Two criteria are used to assess the significance of this impact: (1) the localized construction analysis and (2) the CO hot spot analysis. Potential localized impacts would occur if a project exceeds state or federal standards for nitrogen dioxide (NO,), PMz,, PMI, or CO. Emissions of NOz, PMzs, PMI() and CO could be emitted during project construction from construction equipment, construction employee Gips, and vendor trips. CO emissions are of concern during project operation because operational CO hotspots are related to increases in on -road vehicle congestion. Localized Construction Analysis The SCAQMD's Governing Board adopted a methodology for calculating localized air quality impacts through localized significance thresholds (also referred to as a LST analysis), Localized significance thresholds represent the maximum emissions from a project that would not cause or contribute to an exceedance of the most stringent applicable state or 'federal ambient air quality standard. Localized significance thresholds were developed in recognition of the fact that criteria pollutants such as CO, NOa. and PMio and PMz; in particular, can have local impacts at nearby sensitive receptors as well as regional impacts. The localized significance thresholds are developed for each source receptor area and are applicable to NO,, CO, PMI,, and PM2,,. The project site is located in Source Receptor Area 25 (SRA 25). The SCAQMD states that receptor locations are onsite locations where persons may be exposed to the emissions from project activities. Receptor locations include residential, commercial and industrial land use areas; and any other areas where persons can be situated for an hour or longer at a time. The closest worker receptor is located approximately 25 meters southeast of the project site. The closest sensitive receptor is located more than 200 meters north of the prgject site. The onsite emissions during construction were compared with the localized significance thresholds for SRA 25, I -acre site, with a receptor at 25 meters for NOx and CO, and 200 meters for PMin and PM, s The CalEEMod program was used to estimate air pollutant emissions from project construction. Compliance with the dust control BMP requirements in Rule 403 is mandatory; as such, the project is required to implement the BMPs by law. These measures are accounted for in the CalEEMod program as "mitigation" because of how the model is constructed, even though compliance with Rule 403 requirements is neither voluntary nor considered mitigation under CEQA. The emissions quantification methodology and assumptions, as well as the detailed modeling output, are provided as Appendix A to this IS/MND. The results of the localized significance analysis are provided in Table 1. Onsite construction emissions are from fugitive dust during grading and off-road diesel emissions. Table 1: Localized Significance Analysis Source Onsite Emissions (pounds per day) NO, Co PM10 PMze Site Preparation 57.62 42.96 10.18 6.76 Grading 41.10 26.75 4.94 3.50 Building Construction (2014) 31.25 18.93 2.23 2.10 Building Construction (2015) 30.03 18.74 2.12 1.99 Initial .Shrdyjor A4ilwated Negalive Declaration No. 2014-01 Page 32 The localized construction analysis demonstrates that the proposed project would not exceed the localized significance thresholds for NO., CO, PMto and PM2,5• Therefore, the project would not violate any air quality standard or contribute substantially to an existing or projected air quality violation during construction. Operational CO Hotspot Localized high levels of carbon monoxide (CO hot spot) are associated with traffic congestion and idling or slow moving vehicles. To provide a worst-case scenario, CO concentrations were estimated at project - impacted intersections, where the concentrations would be the greatest. The SCAQMD reconunends that a local CO hot spot analysis be conducted if the intersection meets one of the following criteria: The intersection is at Level of Set -vice (LOS) D or worse and where the project increases the volume to capacity ratio by 2 percent, or 2. The project degrades LOS at an intersection from C to D. A Traffic Analysis for the proposed project included an analysis of traffic volumes at the Collier Avenue and Enterprise Way intersection existing conditions plus the proposed project (Trames Solutions Inc. 2013). The study found that the LOS at Collier Avenue and Enterprise Way intersection would degrade from LOS C to LOS D during the PM peak hour. The CALINE4 was used to evaluate the project's potential to generate a CO hotspot. There are several inputs to the CALINE4 model. One input is the traffic volumes, which is from the project -specific traffic eport. The traffic volumes with the project were used for the Opening Year scenario as well as emission factors generated using the EMFAC2007 model for the year 2014. As shown in Table 2, the estimated 1 -hour and 8 -hour average CO concentrations at build -out, in combination with background concentrations are below the state and federal standards. No CO hot spots are anticipated because mobile emissions of CO from the project are not anticipated to contribute substantially to an existing or projected air quality violation of CO. Therefore, according to this criterion, air pollutant emissions during operation would result in a less than significant impact. Iniiial StitdY Jbr A4iligaIed NegaIive Declaration No. 2014-01 Nage 33 Onsite Emissions (pounds per day) N0„ c0 PM10 PMzs Source Paving 20.31 12.68 1.22 1.13 Architectural Coating 2.57 1.90 0.22 0.22 Maximum Daily Emissions 57.62 42.96 10.18 6.76 Localized Significance threshold 162 750 67 20 Exceed Threshold? No No No No Notes: NO,=nitrogen oxides CO=carbon monoxide SO, = sulfw oxides PM,, and PMzs = particulate mallet less than 0.1 pg and less than 2.5 µg respectively Source of emissions: CaIEEMod Output (Appendix A). Source of duesholds: South Coast Air Quality Management District 2009, Put Source Receptor Area 25 The thresholds to]- ornitrogen nitrogendioxide and CO are based on the distance to the nearest worker (25 metct look -up value) because those pollutants have an averaging time lot- 8 hours or less and svorkes would be onsitc Pot 8 horns. The thresholds for PM10 and PM2.5 are based on the distance to the nearest sensitive receptor (200 meter look -tip value). The localized construction analysis demonstrates that the proposed project would not exceed the localized significance thresholds for NO., CO, PMto and PM2,5• Therefore, the project would not violate any air quality standard or contribute substantially to an existing or projected air quality violation during construction. Operational CO Hotspot Localized high levels of carbon monoxide (CO hot spot) are associated with traffic congestion and idling or slow moving vehicles. To provide a worst-case scenario, CO concentrations were estimated at project - impacted intersections, where the concentrations would be the greatest. The SCAQMD reconunends that a local CO hot spot analysis be conducted if the intersection meets one of the following criteria: The intersection is at Level of Set -vice (LOS) D or worse and where the project increases the volume to capacity ratio by 2 percent, or 2. The project degrades LOS at an intersection from C to D. A Traffic Analysis for the proposed project included an analysis of traffic volumes at the Collier Avenue and Enterprise Way intersection existing conditions plus the proposed project (Trames Solutions Inc. 2013). The study found that the LOS at Collier Avenue and Enterprise Way intersection would degrade from LOS C to LOS D during the PM peak hour. The CALINE4 was used to evaluate the project's potential to generate a CO hotspot. There are several inputs to the CALINE4 model. One input is the traffic volumes, which is from the project -specific traffic eport. The traffic volumes with the project were used for the Opening Year scenario as well as emission factors generated using the EMFAC2007 model for the year 2014. As shown in Table 2, the estimated 1 -hour and 8 -hour average CO concentrations at build -out, in combination with background concentrations are below the state and federal standards. No CO hot spots are anticipated because mobile emissions of CO from the project are not anticipated to contribute substantially to an existing or projected air quality violation of CO. Therefore, according to this criterion, air pollutant emissions during operation would result in a less than significant impact. Iniiial StitdY Jbr A4iligaIed NegaIive Declaration No. 2014-01 Nage 33 Table 2: Localized Carbon Monoxide Concentrations Estimated CO Concentration (ppm) Significant Intersection Peak Hour 1 Hour 8 Hour Impact? Collier Avenue and Enterprise Drive PM 1.5 1.1 No Notes: Use information from the Lake L'lsinore-W Flint Street Monitoring Station The I -hour concentration is the CALINE4 output (see Appendix A for model output) plus the I -hour background concentration of 0.74 ppm. The 8 loan project increment was calculated by multiplying the I hour CALINB4 output by 0.7 (persistence factor), then adding the 8 hour background concentration of 0.52 ppm. A significant impact would occur if the estimated CO concentration is over the 1 -hour state standard of 20 ppm or the 8 -hour state/federal standard of 9 ppm. Mitigation Measures: No mitigation measures are required (Sources: Appendix F: Trames Solutions Inc. 2013. Lake Elsinore Tractor Supply Company — Traffic Analysis, Appendix A: FCS-MBAa. 2014. Air Quality Emissions Modeling Output) 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) Less Than Significant ILupact. This impact is related to regional criteria pollutant impacts. If an area is in nonattainment for a criteria pollutant, then the background concentration of that pollutant has historically exceeded the ambient air quality standard. The non -attainment regional pollutants of concern are ozone, NO2, PMS,, and PM2,5. Ozone is not emitted directly into the air, but is a regional pollutant formed by a photochemical reaction in the atmosphere. Ozone precursors, VOC and NO,, react in the atmosphere in the presence of sunlight to form ozone. Therefore, the SCAQMD does not have a recommended ozone threshold, but it does have thresholds of significance for VOC and NO.. This impact section includes analysis of, and significance determinations for those pollutants. The SCAQMD's regional significance thresholds for project construction and operation are provided within the respective analyses below. Regional emissions include those generated from all onsite and offsite activities. Regional significance thresholds have been established by the SCAQMD because emissions from projects in the Air Basin can potentially contribute to the existing emission burden and possibly affect the attainment and maintenance of ambient air quality standards. If project emissions exceed the SCAQMD's regional thresholds for oxides of nitrogen (NOx), volatile organic compounds (VOC), and particulate matter (both PMia and PWA it follows that the emissions could contribute to a cumulative exceedance of a pollutant for which the Air Basin is in nonattainment (ozone, nitrogen dioxide, PMto, PM25) at a monitoring station in the Air Basin. Therefore, projects within the Air Basin region with regional emissions in excess of any of the regional significance thresholds are considered to have a significant cumulative impact on regional air quality. Construction Emissions Construction activities associated with the proposed development could temporarily increase NO,, VOC, PM101 PMS, and sulfur oxides (SO,) concentrations in the project vicinity. The primary source of construction -related VOC and NOx emission is gasoline and diesel powered, heavy-duty mobile construction equipment. Primary sources of PMio and PM25 emissions arc generally clearing activities, Initial Stud.P for AAitigaled Negalive Declaralion No. 20/4-01 Page 34 grading operations, construction vehicle traffic on unpaved ground, and wind blowing over exposed surfaces. The proposed project's construction emissions were estimated using CalEEMod. The emissions quantification methodology and assumptions, as well as the detailed modeling output, are provided as Appendix A to this IS/MND. Within each construction phase, the analysis conservatively assumes that all construction equipment would be operated simultaneously, which is not likely to occur. Table 3 summarizes construction -related emissions. The information shown in Table 3 indicates that the SCAQMD regional emission thresholds would not be exceeded for VOC, NO.,, CO, SOr, PM1e, and PM25 emissions. Therefore, impacts 'from construction -related emissions will be less than significant. Table 3: Construction Air Pollutant Emissions Source Emissions (pounds per day) VOC NO, CO sox PMio PM2.e Site Preparation 5.39 57.75 44.29 0.39 10.39 6.81 Grading 4.49 49.79 33.88 0.05 5.67 3.80 Building Construction (2014) 4.10 32.45 21.89 0,03 2.56 2.20 Building Construction (2015) 3.86 31.08 21.43 0.03 2.45 2.09 Paving 2.46 20.43 14.01 0.02 1.45 1.19 Architectural Coating 26.34 2.60 2.23 0.01 0.28 0.24 Maximum Daily Construction Emissions 26.34 57.75 44.29 0.39 10.39 6.81 Significance threshold 75 100 550 150 150 55 Significant impact? No No No No No No Notes: VOC -volatile organiceompounds NO, =niuogen oxides CO=carbon monoxide 50,='sulfur oxides PM,, and PMzt = particulate matter less than 0.1 µg and less than 2.5 µg. respectively Source of emissions: CalEEMod Output (Appendix A). Source of thresholds: SCAQMD 2011. Operational Emissions Operational emissions occur over the lifetime of the project. The main source of operational emissions from the project will be mobile sources (e.g., motor vehicles) traveling to and from the proposed project. The CalEEMod was used to quantify, project -generated operational emissions. The analysis methodology, assumptions and the CalEEMod output are provided in Appendix A. As shown in Table 4, the average daily increase in mobile emissions fi-om the project will be less than the SCAQMD's significance thresholds; therefore, impacts from operational emissions will be less than significant. Table 4: Operational Air Pollutant Emissions Source Emissions (pounds per day) VOC NO, CO soxPM10 PMze Area 1.23 0.00 0.01 0.00 0.00 0.00 Energy 0.02 0.15 0.12 0.00 0.01 0.01 Mobile 2.95 9.76 39.29 0.08 5.64 L61 Initial Sntdy for A4iligoted Negative Deciara t ion No. 20/4-01 Page 35 Conclusion In summary, the project would not exceed the SCAQMD's regional significance thresholds for construction or operational pollutants. Therefore, the proposed project would not significantly contribute towards a cumulatively considerable regional air quality violation impact. The project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment. Impacts would be less than significant. Mitigation Measures: No mitigation measures are required. (Sources: Appendix F: Trames Solutions Inc. 2013. Lake Elsinore Tractor Supply Company — Traffic Analysis, Appendix A: FCS/MBAa. 2014. Air Quality Emissions Modeling Output, South Coast Air Quality Management District (SCAQMD). 2011 a. Air Quality Significance Thresholds. Revised March 2011. Website: www.agiiid.gov/cega/liaiidbook/signthres.pdf. Accessed July 18, 2013.) d) Expose sensitive receptors to substantial pollutant concentrations? (Less Than Significant Impact) Less Than Significant Impact. This discussion addresses whether the project would expose sensitive receptors to construction -generated fugitive dust (PMio and PMzs), construction -generated diesel particulate matter (DPM), operational related toxic air contain in ants (TACs), or operational CO hotspots. For proposes of CEQA, the SCAQMD considers a sensitive receptor to be a location where a sensitive individual could remain for 24 hours, such as residences, hospitals, of convalescent facilities (SCAQMD 2008). Commercial and industrial facilities are not included in the definition because employees do not typically remain onsite for 24 homy. However, when assessing the impact of pollutants with 1 -hour or 8 - hour standards (such as nitrogen dioxide and carbon monoxide), commercial and/or industrial facilities would be considered sensitive receptors for those purposes. The project site is not considered a sensitive receptor. Additionally, no sensitive receptors exist near the project site. The nearest sensitive receptor to the project construction area is more than 200 meters north of the extent of project construction. Construction: Localized emissions Air pollutant emissions from project construction could create localized health impacts if the ambient air quality standards are exceeded. As shown in Section 3(b), the project would not exceed the SCAQMD's localized significance thresholds for construction -generated emissions. Therefore, the prroject would not expose receptors to substantial air pollutant concentrations from construction activities. Initial Slud for Miligaled A'egalive Deciaration No. 2014-01 Page 36 Emissions (pounds per day) VOc NO, CO sox PM10 PMIS Source Total Daily Operational 4.19 9.90 39.42 0.08 5.65 1.62 Emissions Significance threshold 55 55 550 150 150 55 Significant impact? No No No No No No Notes: VOC = volatile oiganic compounds NO, =nitrogen oxides CO=earbonmonoxide SO,:n sulfur oxidesPMio and PM2.5 = pm ticulate matter less than 0.1 Total annual mobile emissions assume 5 additional race days per year. pg and less than 2.5 pg. respectively Source of emissions: CaIEEMod Output (Appendix A). Source of thresholds: SCAQMD 2011. Conclusion In summary, the project would not exceed the SCAQMD's regional significance thresholds for construction or operational pollutants. Therefore, the proposed project would not significantly contribute towards a cumulatively considerable regional air quality violation impact. The project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment. Impacts would be less than significant. Mitigation Measures: No mitigation measures are required. (Sources: Appendix F: Trames Solutions Inc. 2013. Lake Elsinore Tractor Supply Company — Traffic Analysis, Appendix A: FCS/MBAa. 2014. Air Quality Emissions Modeling Output, South Coast Air Quality Management District (SCAQMD). 2011 a. Air Quality Significance Thresholds. Revised March 2011. Website: www.agiiid.gov/cega/liaiidbook/signthres.pdf. Accessed July 18, 2013.) d) Expose sensitive receptors to substantial pollutant concentrations? (Less Than Significant Impact) Less Than Significant Impact. This discussion addresses whether the project would expose sensitive receptors to construction -generated fugitive dust (PMio and PMzs), construction -generated diesel particulate matter (DPM), operational related toxic air contain in ants (TACs), or operational CO hotspots. For proposes of CEQA, the SCAQMD considers a sensitive receptor to be a location where a sensitive individual could remain for 24 hours, such as residences, hospitals, of convalescent facilities (SCAQMD 2008). Commercial and industrial facilities are not included in the definition because employees do not typically remain onsite for 24 homy. However, when assessing the impact of pollutants with 1 -hour or 8 - hour standards (such as nitrogen dioxide and carbon monoxide), commercial and/or industrial facilities would be considered sensitive receptors for those purposes. The project site is not considered a sensitive receptor. Additionally, no sensitive receptors exist near the project site. The nearest sensitive receptor to the project construction area is more than 200 meters north of the extent of project construction. Construction: Localized emissions Air pollutant emissions from project construction could create localized health impacts if the ambient air quality standards are exceeded. As shown in Section 3(b), the project would not exceed the SCAQMD's localized significance thresholds for construction -generated emissions. Therefore, the prroject would not expose receptors to substantial air pollutant concentrations from construction activities. Initial Slud for Miligaled A'egalive Deciaration No. 2014-01 Page 36 Toxic Air Contaminants - Construction Equipment used during construction of the proposed project would emit diesel particulate matter, which is a carcinogen. However, the diesel particulate matter emissions are short-term in nature. Determination of risk from diesel particulate matter is considered over a 70 -year exposure time. Guidance published by the California Air Pollution Control Officers Association (CAPCOA), Health Risk Assessments for Proposed Land Use Projects, does not include guidance for health risks from construction projects addressed in CEQA; risks near construction projects are expected to be included later when the toxic emissions from construction activities are better understood. Additionally, the nearest sensitive receptors are located more than 200 meters north of the extent of project construction. Therefore, considering the dispersion of the emissions and the short time frame, exposure to diesel particulate matter would be considered less than significant. Toxic Air Contaminants - Operation The California Air Resources Board (ARB) Air Quality and Land Use Handbook contains recommendations that will "help keep California's children and other vulnerable populations out of harm's way with respect to nearby sources of air pollution" (ARB 2005), including recommendations to]- distances ordistances between sensitive receptors and certain land uses. These recommendations are assessed as follows. • Distribution centers. ARB recommends avoiding siting sensitive land uses within 1,000 feet of a distribution center. The proposed project is not a distribution center; therefore, this criterion is not applicable. • Fueling stations. ARB recommends avoiding siting sensitive land uses within 300 feet of a large fueling station (a facility with a throughput of 3.6 million gallons per year or greater). A 50 -foot separation is recommended for typical gas dispensing facilities. The proposed project is not a gas station; therefore, this criterion is not applicable. • Dry cleaning operations. ARB recommends avoiding siting sensitive land uses within 300 feet of any dry cleaning operation that uses perchloroethylene. For operations with two or more machines, ARB recommends a buffer of 500 feet. For operations with three or more machines, ARB recommends consultation with the local air district. The proposed project is not a dry cleaning operation; therefore, this criterion is not applicable. As such, the proposed project would not site and expose any sensitive land uses within the siting distances recommended by ARB. Therefore, the project would not expose sensitive receptors to significant risk from project operational emission. Operational: CO Hotspot As shown in Section 3(b), above, the project would not create a localized CO hotspot. Therefore, the project would not expose receptors to substantial CO concentrations from operational activities. Conclusion The project would not expose sensitive receptors to substantial quantities or significant concentrations of construction-gencrated emissions, construction -generated DPM, operational TACs, or CO hotspots. Therefore, the project would result in a less than significant impact. Initial Sooh, for d4iligaled Negative Declaration No. 2014-01 Page 37 Mitigation Measures: No mitigation measures are required. (Sources: California Air Pollution Control Officers Association. 2009. Health Risk Assessments for Proposed Land Uses. Website: littp://www.capcoa.org/wp-content/uploads/2012/03 /CA PCOA_HRA LU_Guidelines_8-6-09.pdf) California Air Resources Board (ARB). 2005. California Environmental Protection Agency. Air Quality and Land Use Handbook: A Community Health Perspective. April 2005. Website: www.at-b.ca.gov/cli /landuse.htm. South Coast Air Quality Management District (SCAQMD). 2008. Final Localized Significance Threshold Methodology, Appendix C. Website: www.agmd.gov/CEQA/handbook/LST/LST.litml. e) Create objectionable odors affecting a substantial number of people? (Less Than Significant Impact) Odors are generally regarded as an annoyance rather than a health hazard. People may have different reactions to the same odor. An odor that is offensive to one person may be acceptable to another (e.g., coffee roaster). An unfamiliar odor is more easily detected and is more likely to cause complaints than a familiar one. Known as odor fatigue, a person can become desensitized to almost any odor and recognition only occurs with an alteration in the intensity of the odor. The SCAQMD recommends that odor impacts be addressed in a qualitative manner. Such an analysis shall determine whether the project would result in excessive nuisance odors, as defined under the California Code of Regulations and Section 41700 of the California Health and Safety Code, and thus would constitute a public nuisance related to air quality. Diesel exhaust and VOCs would be emitted during construction of the project, which are objectionable to some; however, emissions would disperse rapidly from the project site and therefore should not reach an objectionable level at the nearest sensitive receptors. The closest worker receptor is located approximately 25 meters southeast of the project site. The closest sensitive receptor is located more than 200 meters north of the project site. Typical sources of objectionable odors include agricultural operations (e.g., dairies, feedlots, etc.), landfills, wastewater treatment plants, refineries, and other types of industrial land uses. The proposed project includes the development of a tractor supply store, and is not a land use typically associated with emitting objectionable odors. Therefore, impacts associated with the creation of objectionable odors would be less than significant. Mitigation Measures: No mitigation measures are required (Sources: Site Visit, Project Design) IV. BIOLOGICAL RESOURCES Imlial Stady jor Adiligaled Negative Declarolion No. 2014-01 Page 38 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 Wildlife or U.S. Fish and Wildlife Service? (Less Than Significant With Mitigation Incorporated) Burrowing Owl The project may have a substantial effect on burrowing owl (Achene cunicularia). The project site contains disturbed grassland habitat dominated by non-native species including Russian thistle (Salsola Tragus), tree tobacco (Nicoliana glauca), and tamarisk (Tamarix sp.). This habitat provides suitable habitat for burrowing owl. A number of suitable burrows were found on the project site during the reconnaissance -level survey conducted in March of 2014. The burrowing owl (BUOW) is listed as a California Species of Concern as designated by the California Department of Fish and Wildlife (CDFW), and is a conditionally covered species in the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). Therefore, mitigation measure BTO -1 will be implemented to conduct pre - construction focused species surveys for burrowing owl within 30 -days prior to any ground -disturbing activities at the project site where suitable habitat is present. With the implementation of mitigation measure 1310-1, impacts to BUOW would be less than significant. Nesting Birds The project may have a substantial effect on nesting birds. The project site contains approximately 20 arroyo willow (Salix lasiolepis) and a couple tamarisk located in the eastern portion of the project site. This habitat provides suitable nesting habitat for a variety of avian species. Nesting birds are protected under the federal Migratory Bird Treaty Act (MBIA). The MBTA protects all common wild birds found in the United States (U.S.) except the house sparrow, starling, feral pigeon, and resident game birds such as pheasant, grouse, quail, and wild turkey. Resident game birds are managed separately by each state. The MBTA makes it unlawful for anyone to kill, capture, collect, possess, buy, sell, trade, ship, import, or export any migratory bird including feathers, parts, nests, or eggs. Nesting birds are also protected under the California Fish and Game Code (CFG Code). The CDFW administers the CPG Code. There are particular sections of the CPG Code that are applicable to natural resource management. For example, § 3503 of the CFG Code states it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird that is protected under the MBTA. CFG Code § 3503.5 further protects all birds in the orders Falconiformes and Strigiformes, birds of prey such as hawks and owls, and their eggs and nests from any form of take. Therefore, mitigation measure BIO -2 will be required to implement site -preparation activities (removal of trees and vegetation) to avoid, to the greatest extent possible, potentially occurring native and migratory bird species during the nesting season (generally February I to August 31). With the implementation of mitigation measure 13I0-2, impacts to potentially occurring native and migratory bird species would be less than significant. Mitigation Measures: MM BIO -1 Due to the presence of suitable habitat onsite for the western burrowing owl, a qualified biologist shall conduct pre -construction focused species surveys within 30 -days prior to any ground - disturbing activities at the project site where suitable habitat is present. If burrowing owls are determined to occupy the project site during preconsh-uction surveys, CDFW shall be consulted and a passive relocation program shall be undertaken to relocate owls to an area outside the impact zone. The relocation shall be conducted following accepted protocols and would occur outside of the breeding season for the burrowing owl. Existing burrows shall be destroyed once they are vacated. 117Il1al.Slvd.vjor Adiligaled Negative Decim�alion No. 2014-01 Page 39 MM BI0-2 In order to avoid violation of the federal Migratory Bird Treaty Act (MBTA) and California Fish and Game Code site -preparation activities (removal of trees and vegetation) shall be avoided, to the greatest extent possible, during the nesting season (generally February 1 to August 311) of potentially occurring native and migratory bird species. If preparation activities are to occur during the avian nesting season, February 15 through August 31, then a 30 -day pre -construction clearance nesting bird survey shall be conducted by a qualified biologist to determine whether active nests of species protected by the MBTA or the California Fish and Game Code are present in the construction zone. If active nests are not located within the project area and appropriate buffer, construction may be conducted during the nesting/breeding season. However, if active nests are located during the pre -construction field survey, no grading or heavy equipment activity shall take place within at least 500 feet of an active listed species or raptor nest, 300 feet of other sensitive or protected (under MBTA or California Fish and Game Code) bird nests (non -listed), or within 250 feet of sensitive or protected songbird nests. A qualified biologist shall be required to monitor the nest until it is determined that the nest is no longer active, at which time vegetation removal could continue. (Sources: FCS reconnaissance -level survey conducted in March of 2014) California Fish and Game Code. Fish and Game Code Section 3500-3516) 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 Lnpact) A variety of drainages cross the City of Lake Elsinore originating from the surrounding hills and generally draining towards Lake Elsinore. According to the United States Fish and Wildlife Service, wetlands are present within the City primarily around Lake Elsinore. However, the project site does not contain any riparian habitat or other sensitive natural community. These impacts were analyzed in the City of Lake Elsinore's General Plan ETR and were determined to be less than significant with the implementation of existing Federal and State programs, in particular Sections 401 and 404 of the U.S. Clean Water Act and Section 1602 of the California Fish and Game Code. The majority of the project site is dominated by disturbed habitat and non-native grasslands. The project site does contain approximately 20 scattered arroyo willows, but they do not appear to be associated with a drainage feature or waterway, and therefore is not considered a natural riparian community. Additionally, the willow trees onsite are scattered and do not function as a habitat. The area containing willow trees is less than 0.10 acre, which is under FCS' standard mapping unit for vegetation communities and habitats, and therefore is not considered a'functioning habitat. Therefore, impacts are less than significant. Mitigation Measures: No mitigation measures are required. (Sources: United States Fish and Wildlife Service. National Wetlands Inventory. http://107.20.228.18/Wetlands/WetlandsMapper.html# [Accessed March 19, 2014]) 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, tilling, hydrological interruption, or other means? (No Impact) "1 -here are no waters of the United States or waters of the State within the project site. There are also no marshes, vernal pools, or coastal waters within the project site. No impacts would occur. Mitigation Measures: No mitigation measures are required. Initial Slurry /or NlitigaIcd Negative Ucelm alion No. 20 14-0 1 Page 40 (Sources: United States Fish and Wildlife Service. National Wetlands Inventory. http://107.20.228.18/Wetlands/WetlandsMapper.html# [Accessed March 19, 2014]) 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? (No Impact) The project site is located in the southeastern corner of an undeveloped lot with commercial development to the south and commercial development to the north and east. Although the disturbed nature of the project site continues to the west, the project site is not part of a wildlife movement corridor and the proposed development of the project site will not impede the use of native wildlife nursery sites. Mitigation Measures: No mitigation measures are required. (Sources: Site Visit) e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Less Than Significant with Mitigation Incorporated) Chapter 5.120 of the City of Lake Elsinore Municipal Code (Municipal Code) is referred to as the Tree Preservation Ordinance. This Chapter protects City trees, park trees and street trees within public areas owned by the City. The project site docs not contain any trees protected under Chapter 5.120 of the Municipal Code and therefore, the project will have no impact. Additionally, Chapter 5.116 of the Municipal Code protects Significant Palm Trees within the City limits. This Chapter provides a mechanism to regulate the removal, destruction and relocation of significant palm trees. No palm trees occur within the project site and therefore, there will be no impact to Significant Palm Trees, Lastly, Chapter 19.04 of the Municipal Code is referred to as the Habitat Conservation Ordinance. The purpose of the ordinance is to implement the Stephens' Kangaroo Rat Habitat Conservation Plan (SKRHCP). The project site is located within the fee area for the SKRHCP. Potential project impacts to the SKRHCP are discussed in Section IVY below. There will be no impact on any local policies or ordinances protecting biological resources. Mitigation Measures: MM 1310-3 Prior to issuance of a grading permit, the applicant/developer shall pay the MSHCP development mitigation fee for commercial development in effect at the time the permits are issued. Mitigation Measures: MM BI04 Prior to issuance of a grading permit, the SKRHCP fee shall be paid. As currently stated in the Habitat Conservation Ordinance, the fee is $500 per acre. (Sources: City of Lake Elsinore Municipal Code) 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 with Mitigation Incorporated) The project is located within the boundaries of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). As such, a habitat assessment and consistency analysis is required to evaluate the project with respect to consistency with the MSHCP. A review of the Riverside County Integrated Project (RCIP) Conservation Summary Report Generator for the project site APN determined that the site is located within the Elsinore Area Plan of the MSHCP. Additionally, the project site is not located within a Criteria Cell, Cell Group, Existing Core Area, proposed Core Area, existing linkage, or a Inilia( Sluriy for A4iligaled Negalive Declaralion No. 2014-01 Page 41 proposed linkage. The project site is located within a required survey area for burrowing owl, as discussed above in Section W.A. Because the project site is located within the MSCHP boundary, it may have a substantial effect and requires mitigation. Additionally, the project site occurs within the boundaries of the SKRHCP. However, the project site is not located within the core reserve area, and therefore, the proposed project site may have a substantial effect on the SKRHCP, but will not affect any core reserve areas. Payment of the SKRHCP fee is required for project sites that occur within the SKRHCP area. The payment of the fee allows the City to implement the terms of the Section 10(a) permit and management authorization. Mitigation Measures: MM BIO -5 Prior to issuance of a grading permit, the applicant/developer shall pay the MSHCP development mitigation fee for commercial development in effect at the time the permits are issued. (Sources: Western Riverside County Multiple Species Habitat Conservation Plan Stephens' Kangaroo Rat Habitat Conservation Plan) V. CULTURAL RESOURCES a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5 of the California Code of Regulations? (Less Than Significant Impact) FCS prepared a Cultural Resources Report (Appendix B) for the project site. The Cultural Resource Report determined that there are no historic archaeological resources more than 45 years of age in the project area and no prehistoric artifacts or sites were noted. The cultural resource record search showed that a substantial number of (mown historic cultural resources are located in or near the project area, and the project location itself at one time contained remnants of the race track associated with P33-23614. However, the project site is currently vacant. Impacts would be less than significant. Mitigation Measures: No mitigation measures are required. (Sources: FCS-MBAb. 2014. Cultural Resources Report.) b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5 of the California Code of Regulations? (Less Than Significant with Mitigation Incorporated) In accordance with CEQA, FCS/MBA has determined that there are no historic archaeological resources more than 45 years of age in the project area and no prehistoric artifacts or sites were noted. The cultural resource record search showed that a substantial number of known historic cultural resources are located in or near the project area, and the project location itself at one time contained remnants of the race track associated with 1`33-23614. Although the results of the survey were negative for prehistoric resources, a number of prehistoric isolates (primarily manos) have been found within one-quarter to one-half mile of the site. Based on the records search information, the sensitivity of the project area is considered moderate and there is the possibility that buried archaeological deposits will be encountered during future development. Impacts to potentially significant cultural resources are considered low -to -moderate. This is based on the possibility that significant subsurface prehistoric resources may be uncovered during consUvction-related earthmoving, but the area is not considered particularly sensitive. However, with implementation of mitigation measures, the impacts would be less than significant. Jnilia/ Much Ifor AMigated Negative Dcclararion No. 2014-01 Page 42 Mitigation Measures: MM CR -1 Prior to the issuance of a grading permit, the project applicant/developer shall retain a City - approved Project Archaeologist and a Native American Monitor to monitor all ground -disturbing activities in all areas of the project in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. MM CR -2 At least 30 days prior to seeking a grading permit, the project applicant shall contact the appropriate tribe to notify that 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. MM CR -3 Prior to issuance of any grading permit, the project archaeologist shall file a pre -grading report with the City to document the proposed methodology for grading activity observation. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required in MM CR -2, the archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the appropriate tribe in order to evaluate the significance of any archaeological resources discovered on the property. Tribal monitors shall be allowed to monitor all grading, excavation and ground breaking activities, and shall also have the authority to stop and redirect grading activities in consultation with the project archeologist. MM CR -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 to]- proper orproper treatment and disposition, MM CR -5 If inadvertent discoveries of subsurface archaeological/cultural resources are discovered during grading, the Developer, the project archaeologist, and the appropriate uribe 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 California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the appropriate tribe. (Sources: FCS/MBAb. 2014, Cultural Resources Report.) c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (Less Than Significant Impact) The pro ject area has been assessed for potential impacts to paleontological resources. The literature review showed that there is low potential for uncovering fossil resources if future earthmoving were to take place inside the project site. Therefore, mitigation monitoring during future development inside the project site is not required. Impacts are Tess than significant. Mitigation Measures: No mitigation measures are required. lniiial Study for AOiligaled Negolive Deelm alion No. 2014-01 Page 43 (Sources: FCS/MBAb. 2014. Cultural Resources ReporL) d) Disturb any human remains, including those interred outside of formal cemeteries? (Less Than Significant with Mitigation Incorporated) There are no (mown burial grounds located onsite. Past uses of the site included a race track and agriculture. However, there is always the small possibility that ground -disturbing activities during construction may uncover previously unknown buried human remains. Should this occur, Federal laws and standards apply including Native American Graves Protection and Repatriation Act (NAGPRA), and its regulations found in the Code of Federal Regulations at 43 CPR 10. In the event of an accidental discovery or recognition of any human remains, California State Health and Safety Code § 7050.5 dictates that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to CEQA regulations and Public Resources Code (PRC) § 5097.98. Therefore, impacts are less than significant. Mitigation Measures: MM CR -6 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 coroner shall contact the Native American Heritage Commission—within 24 homy. Subsequently, the Native American Heritage Commission shall identify the person or persons it believes to be the "most likely descendant." The most likely descendant may then make recommendations, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98. (Sources: FCS/MBAb. 2014. Cultural Resources Report.) VI. GEOLOGY AND SOILS 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 ILnpact The project site is not located near any known earthquake faults, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map. Pursuant to the Geotechnical Study prepared by Krazan and Associates Inc. in September of 2013, the project site is located 5.0 miles from the nearest fault. Because of the distance to local faults, impacts from fault rupture are less than significant. Mitigation Measures: No mitigation measures are required. (Sources: Krazan and Associates Luc., Geotechnical Study. September, 2013) ii) Strong seismic ground shaking? (Less Than Significant Impact with Mitigation Incorporated) Initial Snarly Jar A4iligaled Ncgalive Declaration No. 2014-01 Page 44 Pursuant to the Geotechnical Report (Krazan and Associates, 2013), based on the proximity of several dominant active faults and seismogenic structures, as well as the historic seismic record, the project site is considered subject to relatively high seismicity. The seismic hazard most likely to impact the site is ground shaking due to a large earthquake on one of the major active regional faults. The Lake Elsinore Fault is located within 5 km (approximately 3.1 miles) of the site. The site specific risk from ground shaking hazards is comparable to others in the general area within similar geologic settings. The Geotechnical Report (Appendix D) includes recommendations that would reduce any potential impacts to Tess than significant levels. Therefore, with implementation of proposed mitigation, impacts are less than significant. Mitigation Measures: MM GEO-1: Following stripping, fill removal, and any demolition activities a minimmn, remedial grading in building or other structural areas include removal and replacement of the existing soil shall be to a depth of at least five feet below existing site grade, five feet below proposed subgrade, or three feet below foundation bearing grade, whichever is deeper. Remedial grading shall be performed to a horizontal distance of at least five feet beyond the proposed foundation limits. Follow the recommended overexcavation, the upper twelve inches of exposed subgrade soils beneath the overexcavated area shall be scarified, worked until uniform and free from large clods, moisture -conditioned to within 2 percent of optimum moisture -content, and recompacted to a minimmn of95 percent of the maximum density based on ASTM Test Method D1557. Remedial grading shall be performed in building areas, proposed wall locations, and any area which utilizes the recommended bearing capacity values included in the geotechnical report. MM GEO-2: Within the pavement and exterior flatwork areas, the exposed subgrade shall be excavated to a depth of 24 inches, worked until uniform and free froin large clods and moisture -conditioned to within 2 percent of optimum moisture -content and recompacted to a minimum of 95 percent of the maximum dry density based on ASTM Test Method D1557. Prior to backfilling, the bottom of the excavation shall be proof -rolled and observed by a qualified geotechnical engineer to verify stability. This compaction effort shall stabilize the upper soils and locate any unsuitable or pliant areas not found during the field investigation. MM GEO-3: Trees and shrubs are located within the project site. Tree and shrub removal operations shall include roots greater than 14 inch in diameter. The resulting excavations shall be backfilled with Engineered Fill compacted to a minimum of 95 percent of maximum density based on ASTM Test Method D 1557. (Sources: Geotechnical Report Krazan and Associates, 2013) iii) Seismic -related ground failure, including liquefaction? (Less Than Significant) The project site contains predominately -medium dense to dense sands and silty sands with varying gravel content. Groundwater is located at a depth of approximately 20 feet below the surface, similar to the general vicinity of the site. The Geotechnical Report concludes that the liquefaction potential at the site is considered low, and that soils to a depth of 50 feet are non -liquefiable. Potential ground failure issues are also addressed through compliance with applicable building code construction requirements. Therefore, impacts would be Tess than significant. Mitigation Measures: No mitigation measures are required. (Sources: Geotechnical Report Ki azan and Associates, 2013) iv) Landslides? (No Impact) mitral Slatth for Ali tigaled Negative Il ecl ar a l ion No. 20 14-0 1 Page 45 As can be seen within Exhibit 3, Local Topographic Map, the project site contains gentle sloping to the northeast. In addition, there are no features within the vicinity of the project site such as hills, canyons, of mountains that could produce a landslide, and the project site is depicted on the County of Riverside General Plan Figure S-5 "Regions Underlain by Steep Slopes" as less than 15% slopes. Therefore, no impacts would occur. Mitigation Measures: No mitigation measures are required. (Sources: RCTLMA, 2008 Riverside County General Plan Website: littp://www.retlma.oi-g/geiiplaii /content/gp/chapterO6.html) b) Result in substantial soil erosion or the loss of topsoil? (Less Than Significant Impact) The project site contains loose, near surface soils. Based on the recommendations contained in the Geotechnical Report (refer to Appendix D), construction of the project would require grading, removal, and replacement of existing soils to a depth of at least five feet below existing site grade,'Five feet below the proposed subgrade, or three feet below foundation bearing grade (whichever is deepest). However, pursuant to the Phase 1 Environmental Site Assessment (refer to Appendix D) the proposed project site is located within a previously developed area where soils have been historically disturbed by agricultural use and a horse race track. The project site has remained vacant from 1989 to present. Additionally, the project site is located within an area with a wind erodibility rating of moderate, thus construction activities would not be of particular concern in this regard (Figure S-8 Wind Erosion Susceptibility Map). Soil exposed by construction activities during development of the proposed project could be subject to erosion if exposed to heavy rain, winds, or other storm events. As part of development of the proposed project, a Stormwater Pollution Prevention Plan (SWPPP) would be prepared in compliance with the National Pollutant Discharge Elimination System (NPDES) requirement. The SWPPP stalk identify Best Management Practices (BMPs) that will be used at the project site to control stormwater and prevent on - or offsite runoff. Erosion control will be addressed through the Erosion Control Plan that is required as part of the grading permit process. Additionally, the project site would be subject to the requirements of Rule 403 Fugitive Dust Emissions Control issued by the South Coast Air Quality Management District (AQMD). The Fugitive Dust Emissions Control Plan would include Best Management Practices (BMPs), which are features designed to protect against substantial soil erosion as a result of water and wind erosion, including the routine watering of the surface soils during grading and other earthmoving activities. Consistency with BMPs also prove to reduce erosion and topsoil loss will be implemented to minimize impacts to the soils during construction. Therefore, project impacts to topsoil loss and soil erosion would be less than significant. Mitigation Measures: No mitigation measures are required. (Sources: Riverside County General Plan, Figure S-8 Wind Erosion Susceptibility Map, 2008.) 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 with Mitigation Incorporated) As previously discussed, the project site topography and location preclude the possibility of landslides. Implementation of the project would not affect liquefaction susceptibility because the project would not affect ground water levels and soils onsite are non -liquefiable. llowever, the project site is subject to seismic settlement. The total seismic -induced settlement is not expected to exceed 1.3 inches and differential settlement by a seismic event is estimated to be less than 0.5 inch. The native soils within the project site are not considered conducive to significant hydro -collapse, but any loose fill materials at the Initial Sludjl lar ii4i0gated Ne alive Ucclaralion No. 3014-01 Page 46 site could be vulnerable to hydro -collapse. With compliance of current code requirements and MM GEO-I through MM GEO-3, the site will not lil<ely be subject to lateral spreading hazards. Therefore, compliance with mitigation measures set forth in MM GEO-1 through MM GEO-3 would reduce impacts to levels of less than significant. Mitigation Measures: Refer to MM GEO-1 through MM GEO-3 for applicable mitigation. (Sources: Geotechnical Report Krazan and Associates, 2013) 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? (Less Than Significant with Mitigation Incorporated) Refer to Section c) for discussion of seismic settlement. As part of construction, engineered non - expansive fill will be introduced to the site. Provided that the project complies with the recommendations set forth in the Geotechnical Report (MM GEO-1 through MM GEO-3), the project site is considered suitable for the proposed development. Additionally, the project would comply with the latest adopted edition of the California Building Standards Code. Impacts would be less than significant. Mitigation Measures: Refer to MM GEO-I through MM GEO-3 for applicable mitigation. (Sources: Geotechnical Report Krazan and Associates, 2013) e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? (No Impact) The project is located adjacent to existing developed properties that utilize the Elsinore Valley Municipal Water District wastewater disposal systems. The project proposes to connect to existing utilities and implementation would not require septic tanl<s or alternative disposal systems. No impacts would occur. Mitigation Measures: No mitigation measures are required. (Sources: Geotechnical Report Krazan and Associates, 2013) VII. GREENHOUSE GAS EMISSIONS a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? (Less Than Significant Impact) The prgject may contribute to climate change impacts through its contribution of greenhouse gases (GHGs). The project would generate a variety of GI iGs during construction and operation, including several defined by AB 32, such as carbon dioxide (CO2), methane (CHS), and nitrous dioxide (N20) from the exhaust of equipment and the exhaust of vehicles for employees, visitors, and construction hauling trips. The proposed project may also emit GHGs that are not defined by AB 32. For example, the proposed project may generate aerosols from diesel particulate matter exhaust. Aerosols are short-lived GHGs, as they remain in the atmosphere for approximately one week The project would emit NO, and VOCs, which are ozone precursors. Ozone is a GI IG. However, unlike the other GHGs, ozone in the troposphere is relatively short-lived and is being reduced in the troposphere on a daily basis. Certain GIIGs defined by AB 32 would not be emitted by the project. Perfluorocarbons (PFCs) and sulfur hexafluoride (SPS) are typically used in industrial applications, none of which would be used by the project. Therefore, it is not anticipated that the project would emit PFCs or SF(,. initial Snrdy for Adiligated Negative Declaration No. 2014-01 Page 47 The SCAQMD is in the process of preparing recommended significance thresholds for greenhouse gases for local lead agency consideration; however, the SCAQMD's Board has not approved the thresholds. The SCAQMD permit threshold consists of five tiers, as follows: • Tier 1 consists of evaluating whether or not a project qualifies for any applicable exemption under CEQA. • Tier 2 consists of determining whether the project is consistent with a greenhouse gas reduction plan. If a project is consistent with a qualifying local greenhouse gas reduction plan, it does not have significant greenhouse gas emissions. • Tier 3 is a screening threshold level to determine significance using a 90 percent emission capture rate approach and is 10,000 MTCO2e per year (with construction emissions amortized over 30 years and added to operational emissions). • Tier 4 was not approved in the interim greenhouse gas threshold. • Tier 5 would allow the project proponent to purchase offsite mitigation to reduce greenhouse gas emissions to less than the screening level (in Tier 3). The SCAQMD is in the process of preparing recommended significance thresholds for greenhouse gases for local lead agency consideration ("SCAQMD draft local agency threshold"); however, the SCAQMD Board has not approved the thresholds as of the date of the IS/MND (SCAQMD 2010). The current draft thresholds consist of the following tiered approach: • Tier 1 consists of evaluating whether or not the project qualifies for any applicable exemption under CEQA. • Tier 2 consists o'f determining whether the project is consistent with a greenhouse gas reduction plan. If a project is consistent with a qualifying local greenhouse gas reduction plan, it does not have significant greenhouse gas emissions. • Tier 3 consists of screening values, which the lead agency can choose, but must be consistent with all projects within itsjurisdiction. A project's construction emissions are averaged over 30 years and are added to a project's operational emissions. If a project's emissions are under one of the following screening thresholds, then the project has less than significant impacts: All land use types: 3,000 MTCO2e per year Based on land use type: residential: 3,500 MTCO2e per year; commercial: 1,400 MTCO2e per year; or mixed use: 3,000 MTCO2e per year • Tier 4 has the following options: Option 1: Reduce emissions from business as usual by a certain percentage; this percentage is currently undefined Option 2: Early implementation of applicable AB 32 Scoping Plan measures Option 3, 2020 target for service populations (SP), which includes residents and employees: 4.8 MTCO2e/SP/year for projects and 6.6 MTCO2c/SP/year for plans; Initial Slady for Aliligated Negalive Declaration No. 2014-01 Page 48 Option 3, 2035 target: 3.0 MTCO2e/SP/year for projects and 4.1 MTCO2e/SP/year for plans • Tier 5 involves mitigation offsets to achieve target significance threshold. To determine whether the proposed project has significant GHG emissions, this project utilizes the SCAQvID's draft local agency tiered threshold. The threshold is as follows: • Project greenhouse gas emissions compared with the threshold: 3,000 MTCO,,e peryear. CalEEMod version 2013.2.2 was used to estimate greenhouse gas emissions fi-om project construction and operation. The emissions quantification methodology and assumptions, as well as the detailed modeling output, are provided as Appendix A to this IS/MND. The project's GHG emissions are provided in Table 5. As shown in Table 5, the project's construction and operational GHG emissions are less than the significance threshold at of 3,000 MTCO2e. Therefore, the project would have a less than significant impact. Table 5: Project Greenhouse Gas Emissions Source Annual MTCO2e Area 0.00 Energy 166.02 Mobile 1,191.05 Waste 8.04 Water 34.98 Subtotal Construction (averaged over 30 years) 12.73 Total 1,412.85 Threshold 3,000 Significant impact? No Notes: MTCOee= meo is tons of carbon dioxide equivalents. Source of emissions: Ce1613Mod Output (Appendix A). Source ofthresholds: SCAQMD 2011. Mitigation Measures: No mitigation measures are required. (Sources: South Coast An Quality Management District (SCAQMD). 2010. Greenhouse Gas CEQA Threshold Stakeholder Working Group Meeting #15. September 28. Website: www.agmd.gov /cega/handbook/GHG/2010/sept28mtg/ghgmtg 15-web.pdf) b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? (Less Than Significant Impact) The City of Lake Elsinore adopted a Climate Action Plan (CAP) in 2011 in order to reduce the City's proportionate share of GHG emissions and to meet the statewide targets that are identified in Assembly Bill (AB) 32 and Executive Order S-3-05. The City selected efficiency -based targets for the years governed by the General Plan to reduce community -wide emissions to 6.6 MTCO2C per service population per year by 2020 (a 22.3% reduction from the 2008 rate of 8.5 MTCO,e/SP), and to 4.4 MTCOze per service population per year by 2030 (a hvilial Smdv for tVliligaleo' Negalive Declaralion No, 2014-01 Pagc 49 48.2°/) reduction from the 2008 rate of 8.5 MTCO2e/SP). These efficiency -based targets represent the AB 32 and Executive Order S-3-05 targeted emissions levels for 2020 and 2030 on a per service population basis. The City arrived at these values by dividing the statewide AB 32 targeted emissions level for 2020 and statewide Executive Order S-3-05 targeted emissions level for 2030 by the 2020 and 2030 statewide service population respectively. The project's Year 2020 operational greenhouse gas emissions were estimated using CaIEEMod version 2013.2.2. Project emissions are shown in Table 6. Because the CaIEEMod module used to estimate reductions for those regulatory requirements, and project design features is labeled as "mitigation" within the model, the mitigated output from CalEEMod is used; however, those modeling components are not considered mitigation under CEQA, rather, are regulatory requirements and project design features. Table 5: Project Operational Greenhouse Gases Area 0.00 J0.00 _. 0% Energy - 180.23 166.02 7.9% Mobile (Vehicles) 1,382.64 1,004J0 27.3 % Waste 10.72 _ 8.04 25.0% Water 39.91 34.98 12.4% _. Total Emissions 1,613.50 1,216 22 24.6% CAP Year 2020 Emission Reduction Goal 22.3% Does the Project Meet the Required Reduction Percentage? Yes Notes: Business is usual emissions calculated using year 2005 emission factors because there is C91EEMod does not contain a 2008 model year. M'rCOee = metric tons of carbon dioxide equivalents. Source: CaIEFMod output (Appendix A). As shown in Table 6, operation of the project would generate approximately 1,216.22 MTCOze in 2020. The project operations would achieve a 24.6 percent reduction from the baseline 2005 emissions and, therefore, meets the required reduction established by the CAP. Therefore, project impacts would be less than significant. Mitigation Measures: No mitigation measures are required. (Sources: City of Elsinore. 2011. Climate Action Plan. Website: littp://www.lai<e-elsinoi-e.ot-g/Modules /SliowDocument.aspx?documcatid=7249) VIII. HAZARDS AND HAZARDOUS MATERIALS a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Less Than Sit4nificant Impact) During operation, the project would result in the onsite use of common types of hazardous materials, such as the use of cleaners and disinfectants by maintenance staff. These potentially hazardous materials, however, would not be of a type or occur in sufficient quantities to pose a significant hazard to the public Initial Studl, for A4iligaled Negative Declaration No. 2014-01 Page 50 and safety, or the environment. These products are labeled to inform users of potential risks and to instruct them in appropriate handling procedures. Businesses are required by law to ensure employee safety by identifying hazardous materials in the workplace, providing safety information to workers that handle hazardous materials, and adequately training workers. In addition, the project may include potentially hazardous materials that may be sold by the proposed business, including, but not limited to fertilizer, lawn chemicals, agricultural chemicals, and petroleum products. The City of Lake Elsinore currently requires any new business that would handle hazardous materials to inventory their hazardous materials, as well as allow Fire Department review of their hazardous materials processes and procedures, prior to the execution of various required business permits. Businesses that sell or store hazardous materials in excess of exempt amounts as defined by the Uniform Fire Code would be subject to City review and approval of a Special Conditional Use Permit. Therefore, with consideration of the requirements discussed above, potential impacts would be less than significant. Therefore, hazardous materials used during project operation would not pose any substantial public health or safety hazards. Impacts are less than significant. Mitigation Measures: No mitigation measures are required. (Sources: Proposed Project, Lake Elsinore Municipal Code) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Less Than Significant Impact) During construction, only typical building materials will be utilized, and any potentially hazardous materials would be regulated. The project would comply with all applicable regulations relating to hazardous materials. Operation of the project is likely to involve the storage and use of common cleaning substances, building maintenance products, paints, and solvents at the project site. These potentially hazardous substances would not be of a type or occur in sufficient quantities onsite to pose a significant hazard to public health and safety, or the environment. The storage and use of these materials would be subject to existing federal, state, and local regulations. Compliance with these regulations would ensure that the risk of accidents and spills are minimized to the maximum extent practicable. Therefore, impacts would be less than significant. Mitigation Measures: No mitigation measures are required. (Sources: Proposed Project) c) Emit hazardous emissions or handle hazardous materials or acutely hazardous materials, substances, or waste within ore -quarter mile of an existing or proposed school? (No Impact) The nearest schools to the project site are Valley Adult School and Ortega Continuation Nigh School Keith McCarthy Academy, located approximately 1.10 mile from the site, a greater distance than one- quarter mile. Additionally, the project would not utilize significant hazardous materials during construction or operation. The location precludes the possibility of impacts to existing and proposed schools. No impacts would occur. Mitigation Measures: No mitigation measures are required Initial Shrd),Jm. Alitigated Negative Declaration No. 2014-01 Page 51 (Sources: Proposed Project, Lake Elsinore Unified School District) (1) 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? (No Impact) The Phase I ESA determined that it is unlikely anything would be discovered during construction relating to potentially hazardous items such as Underground Storage Tanks, or asbestos containing materials. Additionally, no Recognized Environmental Concerns were reported for the project site. The California Department of Toxic Substances Control (DTSC) compiles a list, most commonly known as a Cortese List, with a list of known sites containing hazardous materials. The project site is not listed as a known site containing hazardous materials. Additionally, the project site is not listed on the county or federal substance control and hazardous materials lists. Therefore, no impacts would occur. Mitigation Measures: No mitigation measures are required. (Sources: Partner Engineering and Science, Inc. Phase I Environmental Site Assessment. August, 2013) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (No Impact) The project site is not located within an area subject to an airport land use plan, and the nearest airport is approximately 6.5 miles from the site. Therefore, no impacts pertaining to airport safety hazards would occur. Mitigation Measures: No mitigation measures are required (Sources: Project Location) 1) 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 is not located within the vicinity of a private airstrip. A review of federal aviation records was conducted to confirm using the Airport IQ 5010 provided by Caltrans and the Federal Aviation Administration. The nearest private airship, McConville Airstrip, is located west of Lake Elsinore near Highway 74, approximately 6 miles from the site. Therefore, the proposed project would not result in a safety hazard for people residing or working at the project site. No impacts would occur. Mitigation Measures: No mitigation measures are required. (Sources: Federal Aviation Administration, Airport Master Records and Reports, Lake Elsinore, CA Website: hltp://www.gcrl.com/5010web/airpoi-t.cfii?Site=CA42) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Less Than Significant Impact) The project does not include any features or components that would impair the implementation of or physically interfere with any emergency response plan. Site access is provided via two driveways on Enterprise Way, and an extended driveway on Collier Ave, providing sufficient entry and exit in the case of emergency. No residential uses are proposed onsite, and employees of the project would be trained to respond to emergencies pursuant to City and County emergency evacuation and response plans. The /nitial Sn<Ay jou A4itigaled Negolive Deeloration No. 20/4-01 Page 52 project would not create substantial additional traffic on local roadways that could be used during a potential emergency. The project would not prevent responsible governments from alerting or warning citizens, conducting evacuations, providing shelter of 'feeding opportunities, or conducting search and rescue operations. 'Therefore, impacts would be less than significant. Mitigation Measures: No mitigation measures are required. (Sources: Project Design, Appendix F: Trames Solutions Inc. 2013, Lake Elsinore Tractor Supply Company — Traffic Analysis) h) Expose people or structures to a significant risk of toss, injury or death involving wildland fires, including where wildlands area adjacent to urbanized areas or where residences are intermixed with wildlands? (Less Than Significant Impact) The City of Lake Elsinore is subject to high risks from wildland fires due to its proximity to forests, including the Cleveland National Forest. However, the project site is located within an area of Lake Elsinore that is designated as only moderate concern for wildland fires as indicated on the City's Fire Hazard Zones map. The project does not include any residential components, and is not considered a critical facility. The project would comply with the current Fire Code and requirements therein. Therefore, impacts related to wildland fires would be less than significant. Mitigation Measures: No mitigation measures are required. (Sources: City of Lake Elsinore, Fire Hazard Zones Map) IX. HYDROLOGY AND WATER QUALITY a) Violate any water quality standards or waste discharge requirements? (Less Than Significant Ln pact The project is required to submit a project-specific Water Quality Management flan, per the requirements outlined by the Santa Ana Region Applicability of WWMP Requirements Checklist provided by the County of Riverside. Construction activities such as demolition, grading, and paving would generate sediment created by soil disturbance. If not controlled, surface water runoff from the project site may carry loose sediment to nearby storm drains and into local waterways including the Temescal Wash. In addition, accidental release of pollutants associated with construction could also degrade the quality of water runoff from the site and contribute pollution to local waterways. Construction activities may include the use of gasoline and diesel-powered heavy equipment, such as bulldozers, backhoes, water pumps, and air compresses. Sediment created by soil disturbance is the most likely pollutant that would be generated dining or following site grading. Surface water runoff from the site could carry this sediment through storm drains and into local waterways. Potentially, an accidental release of sediment could result from construction and degrade the water quality of local waterways. In compliance with the NPDES requirements of the Clean Water Act and as part of the development of the project, a SWPPP would be prepared. The requirements of the NPDES program are administered in California by the State Water Resources Control Board and the Regional Water Quality Control Boards (RWQCBs) and enforced through the State Construction General Permit process. The SWPPP must identify specific BMPs that will be used at the project site to treat and control stormwater, reduce sedimentation, and prevent erosion. The SWPPP is expected to include site maps showing existing and proposed physical site conditions, stormwater collection and discharge points, and drainage patterns; a hiiIial Slit th for Ali IigaIcd Negative Decim aIion No. 2014-01 Page 53 description of BMPs to be implemented to prevent construction pollutants from contacting stormwater, prevent, or control erosion, and manage non-stormwater and construction materials. Projects that comply with NPDES requirements ensure the project does not result in a significant impact related to changes in the quantity, rate, or quality of stormwater runoff from the site. The SWPPP must determine the project's risk level and include the appropriate BMPs and other measures to ensure compliance with all requirements of the Clean Water Act, the NPDES program, and the Construction General Permit. With implementation of the SWPPP, the proposed project construction would comply with the applicable water quality and waste discharge standards and would not otherwise substantially degrade water quality. Post Construction The City of Lake Elsinore is responsible for ensuring compliance with federal and state Taws that regulate stormwater runoff management prim to its entry to the storm drain system, streams, rivers, and other bodies of water. Specifically, the City operates under the Regional Water Quality Control Board's Municipal Regional Stormwater NPDES Permit (MRP), which requires new and redevelopment projects to include appropriate measures to treat urban runoff and to prevent increases in runoff flows. Implementation of the NPDES Permit and City Policy requirements would reduce potential construction and post construction impacts to surface water quality to less than significant levels. Mitigation Measures: No mitigation measures are required. (Sources: —Riverside County. Santa Ana Region Applicability of WWMP Requirements Checklist. Website: littp://reflood. org/down I oads/NPDES/Documents/SA_WQMP/EXH TBIT%20E.I)df) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there could be a net deficit in aquifer volume or a lowering of the local groundwater table (e.g. the production rate of pre-existing nearby wells would drop to a level which would not support existing laud uses or planned uses for which permits have been granted)? (Less Than Significant Impact) The proposed project will connect to the Elsinore Valley Municipal Water District's (EVMWD) water supply system via local roadways. The potable water supply is provided from imported water from the Metropolitan Water District of Southern California, local service water fi-om Canyon Lake, and local groundwater from the Elsinore Basin. The EVMWD Water Master Plan evaluated existing and planned water sources, and water distribution systems with their respect to their ability to meet a project's water demand. EVMWD serves a total of 37,250 potable service connections and has an average potable demand of approximately 32,000 acre-ft/year. EVMWD predicts that future water demand in 2020 will rise to 55,244 acre-ft/year. The project would contribute to the increase in demand, however the EVMWD utilizes a conjunctive use program. In wet years, the program utilizes imported water in the Elsinore Basin enhancing groundwater supply reliability. Conjunctive use and artificial recharge programs instituted by EVMWD over the past several years, and continued implementation of such programs in the future is expected to result in satisfactory management of the Elsinore Basin (EVMWD, 2011). In addition, the proposed use is compliant with the General Plan Land Use designation of Light Industrial, and the current Commercial Manufacturing (CM) zoning. The project is aligned with the goals of the General Plan. Based on the aforementioned information, there is adequate supply to provide water to the project site and depletion of groundwater supplies will not occur. Impacts are less than significant. /nitiol Slsrly for Adiilgated Negalivc Decloralion No. 2014-01 Page 54 In addition, the project site is located within a moderately urbanized area. The project is not considered an important recharge area by EVMWD. Water will also percolate into the earth by flowing into the natural plant cover basins and into other landscaped areas. Thus, it is anticipated that the natural aquifer recharge process will not be impacted. Impacts are less than significant. Mitigation Measures: No mitigation measures are required. (Sources: EVMWD, Urban Water Management Plan, 2011. Website: http://www.water.ca.gov/urbanwatei management/2010uwmps/Elsinore%20Valley%20Munici pal%20Wat er%20District/EVMWD%20UWMP%202010_Final.pdf; EVMWD, Groundwater Management Plan, 2011 Website: littp://www.evmwd.com/depts/engineering /gmp.asp) 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? (Less Than Significant Impact) The project site is generally level and has no existing surficial drainage features, including streams or rivers. The project proposes to convert previously developed but presently vacant land to conform to the uses designated in the General Plan. The project includes the establishment of a Tractor Suppl-v Company Store, two drainage basins, outdoor display areas, and parking and associated roadways. Drainage patterns onsite would be altered due to the establishment of additional impervious surfaces including parking lots, display areas, and primary store component. Drainage basins would be utilized to regulate the flow of water onsite. As part of project approval, the proposed Tractor Supply Company Store would be required to comply with all NPDES regulations as discussed in previous sections. Therefore, impacts would be less than significant. Mitigation Measures: No mitigation measures are required. (Sources: Site Visit, Project Design) 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 proposed project would alter the existing drainage pattern of the site through the introduction of impervious surfaces. Therefore, the project could potentially increase the rate or amount of surface run- off from the site. However, the project would not alter the course of a stream or river, as none are present onsite. Additionally, the project includes the establishment of two drainage basins totaling 9,100 square feet. The site has been designed allowing water to drain to the basins, reducing the risk of flooding. Landscaping will also be constructed, that would prevent a significant increase in surface runoff and allow water to percolate into the ground. Therefore, the project would not substantially increase the rate of surface runoff that could result in the flooding on -or offsite. Impacts are less than significant. Mitigation Measures: No mitigation measures are required. (Sources: KLA Landscape Architecture Planning, Preliminary Landscape Plan, February, 2014.) burial Smdj( for I✓liligaled Alegalive Ueclaralio i No. 2014-01 Page 515 e) Create or contribute runoff water which would exceed the capacity of existing or planned stornnvater drainage systems or provide substantial additional sources of polluted runoff? (Less Than Significant L iyact) The proposed project would be sewed by the City's stormwater drainage system. Construction activities such as demolition, grading, and paving could introduce additional pollutants and sediment into water runoff and flow into nearby storm drains. Site run-off would drain into the proposed drainage basins located on the western and southern sections of the site. Construction of the basins would allow water to drain and reduce the amount of run-off from the site while also providing natural methods of pollution prevention. As part of development of the proposed project, a SWPPP in compliance with the NPDES requirements of the Clean Water Act would be prepared, as discussed previously. Projects that comply with NPDES requirements would not result in a significant impact related to changes in the quantity, rate, or quality of stormwater runoff from the site. Finally, continuous use and operation of the site would not create or contribute runoff water that would exceed the capacity of existing storm drains on the project site. Therefore, impacts would be less than significant. Mitigation Measures: No mitigation measures are required. (Sources: Project Design; Riverside County. Santa Ana Region Applicability of WWMP Requirements Checklist. Website: littp://t-cflood.oig/downloads/NPDES/Documents/SA_WQMP/EXHIBIT%20E.pdt) f) Otherwise substantially degrade water quality? (Less Than Significant Impact Construction activities related to the proposed project could introduce pollutants and sediment into water runoff from the site. Runoff from the site flows through storm drains to nearby water bodies, with the potential to ultimately reach the Pacific Ocean. As part of development of the proposed project, a SWPPP in compliance with the NPDES requirements of the Clean Water Act would be prepared, as discussed previously. Implementation of the proposed drainage basins would also aid the project in reducing potential impacts to water quality and hydrology. Therefore, impacts would be less than significant. Mitigation Measures: No mitigation measures are required. (Sources: Riverside County. Santa Ana Region Applicability of WWMP Requirements Checklist. Website: littp: //rcflood.oi-g/down load s/NPDES/Documents/SA_W QMII/EXHIBIT/`20E.pdf) g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (No Impact) The project site is located within an area demarcated as Zone X by the Federal Emergency Management Agency, Flood Insurance Rate Maps (Map No. 0606SC2028G, Panel No. 2028). Zone X is located outside of the 100 -year (and 500-yeai)'flood plains. There are no housing structures proposed as part of the project, precluding the possibility of placing housing within a flood zone. No impacts would occur. Mitigation Measures: No mitigation measures are required. (Sources: Federal Emergency Management Agency, Flood Insurance Rate Maps. Community Panel No. 2028, Map No. 06065C2028G.) It) Place within a 100 -year flood hazard area structures which world impede or redirect flood flows? (Less Than Significant Imuact) Initial Slaa',t) for Hiligaled Negalive Declaration No. 2014-01 Page 56 The project site is located within an area demarcated as Zone X by the Federal Emergency Management Agency, Flood Insurance Rate Maps (Map No. 06065C2028G, Panel No. 2028). Zone X is located outside of the 100 -year (and 500 -year) flood plains. Therefore, the project would not introduce structures that would impede or redirect flood flows within a 100 -year flood hazard area. Impacts would be less than significant. Mitigation Measures: No mitigation measures are required. (Sources: FEMA Flood Insurance Rate Maps, Website: littp://mapl.msc,fema.gov/idms /IntraView.cgi?KEY=42003571 &IFIT—I [Accessed June 17, 2014]) 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 project is not located within an area susceptible to flooding, including flooding as a result of levee failure m dam failure, as delineated on Figure S-10 Dam Failure Inundation Zones of the Riverside County General Plan. Project impacts related to 'flooding dam would be less than significant. Mitigation Measures: No mitigation measures are required. (Sources: Riverside County General Plan Figure S-10 Dam Failure Inundation Zones, 2008.) j) Inundation by seiche, tsunami, or mudflow? (No Hnpact) The project is located approximately 30 miles from the Pacific Coast, precluding the possibility of significant impacts from a tsunami. A potential seiche within the City could be produced by Lake Elsinore. However, the project site is not located within an area of concern as depicted on Figure S-10 Dam Failure Inundation Zones of the Riverside County General Plan. Furthermore, the project site and project vicinity is relatively flat, thus muciflows are not of concern. There will be no impacts related to seiche, tsunami or mudflow. Mitigation Measures: No mitigation measures are required. (Sources: Riverside County General Plan, Figure S -I0 Dam Failure Inundation Zones, 2008) X. LAND USE AND PLANNING a) Physically divide an established community? (No Impact) The project is vacant and located at the northwest corner of Enterprise Way and Collier Avenue. Thus, it does not divide an established community. Furthermore, the proposed project is located within the Business District of Lake Elsinore. The project site does not contain any existing communities or residential structures, nor is located adjacent to any such features. The project would not divide any established biological communities as analyzed above in Section IV Biological Resources. Therefore, the project would not physically divide an established community. No impact would occur. Mitigation Measures: No mitigation measures are required. (Sources: City of Lake Elsinore General Plan, December 13, 2011) 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 Initial NtwN for 44iligated Negalive Declaration Ato. 20/4-01 Page 57 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 Business District sphere of the City of Lake Elsinore General Plan, with the land use designation of Light Industrial. Additionally, the project is zoned Commercial Manufacturing (CM). The project is consistent with both the land use designation and the zoning. The project is in compliance with other applicable land use plans, policies, and regulations. Therefore, impacts would be less than significant. Mitigation Measures: No mitigation measures are required. (Sources: _City of Lake Elsinore General Plan, December 13, 2011)) c) Conflict with any applicable habitat conservation plan or natural community conservation plan? (Less Than Significant Impact With Mitigation Incorporated) The project is located within the Western Riverside Multiple Species Conservation Plan (WRMSIICP). Refer to Section IV t), above, for additional information pertaining to project conformance with applicable plans. With implementation of mitigation measures contained in Section IV Biological Resources, project impacts to habitat conservation plans and natural community conservation plans are less than significant. Mitigation Measures: Refer to IV Biological Resources for applicable mitigation measures. (Sources: Western Riverside County Multiple Species Habitat Conservation Plan, Stephens' Kangaroo Rat Habitat Conservation Plan) XI. MINERAL RESOURCES a) Result in the loss of availability of a known mineral resource that world be of value to the region and the residents of the state? (No Impact) The project site is located within an area designated MRZ-3, areas containing known or inferred mineral occurrences of undetermined mineral resource significance. A review of aerial photographs of the project site and surrounding vicinity show no current or historic indication of aggregate operations currently occurring in the area. Evidence of historical aggregate mining operations in the vicinity is also not apparent. In addition, the establishment of a new mineral extraction operation at the project site is infeasible, however, due to the surrounding commercial/industrial uses, which are not compatible with a mining operation. Furthermore, the City of Lake Elsinore General Plan contains a policy restricting incompatible land uses within the impact area of existing or potential surface mining areas. Through the project, CEQA and permitting processes, the City shall ensure a balance between the conservation of significant mineral resources, the need for extracted materials for local construction, and proper mitigation for potential impacts and conflicts between uses. Aggregate mining operations generally produce particulate matter, which could impact the sensitive receptors and surrounding commercial and mixed-use facilities within the project area. Noise from such an operation would also be incompatible with sensitive receptor and surrounding commercial and mixed- use facilities land uses. Because the project site is not a feasible candidate for mining due to its surrounding uses. Therefore, the project is not likely to impact these resources.. Mitigation Measures: No mitigation measures are required. Imlial Studi,tor A4itigoled Negalive Declaration No. 2014-01 Page 58 (Sources: City of Lake Elsinore General Plan Update Draft Program EIR, Certified Dec. 2011. Website: littp://www.lake-elsiiioi-e.oig/iiidex.aspx?page=909) 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) As previously discussed, the project site is located within an area designated MRZ-3, areas containing known or inferred mineral occurrences of undetermined mineral resource significance. A review of aerial photographs of the project site and surrounding vicinity show no current or historic indication of aggregate operations currently occurring in the area. Evidence of historical aggregate mining operations in the vicinity is also not apparent. In addition, the establishment of a new mineral extraction operation at the project site is infeasible, however, due to the surrounding commercial/industrial uses, which are not compatible with a mining operation. Furthermore, the City of Lake Elsinore General Plan contains a policy restricting incompatible land uses within the impact area of existing or potential surface mining areas. Through the project, CEQA and permitting processes, the City shall ensure a balance between the conservation of significant mineral resources, the need for extracted materials for local construction, and proper mitigation for potential impacts and conflicts between uses. Aggregate mining operations generally produce particulate matter, which could impact the sensitive receptors and surrounding commercial and mixed-use facilities within the project area. Noise from such an operation would also be incompatible with sensitive receptor and surrounding commercial and mixed- use facilities land uses. Because the project site is not a feasible candidate for mining due to its SWI ounding uses. Therefore, the project is not likely to impact these resources Mitigation Measures: No mitigation measures are required. (Sources: City of Lake Elsinore General Plan Update Draft Program EIR, Certified Dec. 2011. Website: littp://www.lake-elsiiioi-e.oi-g/itidex.aspx?page=909) XII. NOISE a) Exposure of persons to, or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or other applicable standards of other agencies? LLM Than Significant Impact) With regard to noise impacts to the project, the following policies from the City of Lake Elsinore General Plan apply: Policy 7.1 Apply the noise standards set forth in the Lake Elsinore Noise and Land Use Compatibility Matrix (Table 3-1) and Interior and Exterior Noise Standards (see Table 3-2) when considering all new development and redevelopment proposed within the City. Policy 7.4 Consider estimated roadway noise contours based upon Figure 3.6, Noise Contours, when making land use design decisions along busy roadways throughout the City. Implementation program Through project review and the CEQA processes, the City shall assess new development and reuse applications for potential hazards, and shall require compliance with noise standards and compatibility criteria where appropriate. Inilial Study /or Wiligaled Negative Declarallon No. 2014-01 Page 59 Table 3-2 Interior and Exterior Noise Standards is not applicable to the project, as the project is not located within the vicinity of residential properties, hotels, motels, transient lodging, hospitals, schools or similar uses listed in the table. The most predominant noise source affecting the project site results from traffic on the adjacent roadways of Enterprise Way and Collier Avenue. Future traffic volumes on these roadways are provided in Onsite Noise Output and Roadway Contour Analysis attached in Appendix E, along with the resulting noise levels, as projected to the project's property line. The project is located within the noise contour of 65 LDN per the City of Lake Elsinore Noise Contours Figure 3.6 contained in the General Plan. As depicted in Appendix E, Roadway Contour Analysis, the project would reach a noise level of 61.3 dBA CNEL at Collier Avenue and 43.3 dBA CNEL at Collier Avenue under existing, ambient growth, cumulative and project conditions. The project site itself would experience noise levels of 41.5 dBA CNEL. Both of these predicted noise measurements are less than the City standard of 65 LDN. Thus, the project would comply with Policy 7.4. As per Policy 7.1, the project would be in compliance with the standards set forth in the Elsinore Noise and Land Use Compatibility Matrix (Table 3-1). Under the project category of Commercial -General, Special Industrial Institutional, the project would be clearly compatible with noise levels less than 55 LDN to 65 LDN, and normally compatible with noise levels of 70 LDN to greater than 80 LDN. Per the output data, the proposed project world reach levels that are potentially significant due to the surrounding land use of a cemetery that has a "normally compatible" Open Space noise level of 65 LDN. However, the output data is a very conservative estimate of noise because the result was calculated with the assumption that a tractor would be utilized consistently onsite, and would not be idling during operation of the tractor. However, during operation the Tractor Supplv Store would not consistently operate the tractors, but rather operate them only during loading and unloading, or movement to and from the display areas. Therefore, even though the project would have the potential to produce significant noise levels, it would be extremely unlikely to approach that level of noise on a regular basis, if ever. The City of Lake Elsinore Municipal Code includes regulations for noise levels of light industrial land uses and other land use categories. As per Table 1 Exterior Noise Limits (Levels not to be exceeded more than 30 minutes in any hour) of the Municipal Code Section 17.176.060, light industrial land uses require a limit of 70 dBA. The proposed project would establish onsite conditions that are lower than the standard set forth in the code, as described previously. During construction the project would comply with the Lake Elsinore Municipal Code requirements, thereby reducing any potential impacts to levels of less than significant. Construction would only occur during typical hours and would not occur on Sundays or holidays per City Code. Therefore, the project is in compliance all City regulations regarding noise, the impacts would be less than significant. Mitigation Measures: No mitigation measures are required. (Sources: City of Lake Elsinore, 2011 City of Lake Elsinore General Plan, Chapter 3.0 Public Safety and Welfare, December 2013. City of Lake Elsinore, 2013. Lake Elsinore Municipal Code. Chapter 17.176.) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (Less Than Significant Impact) The City of Lake Elsinore General Plan does not contain specific guidelines pertaining to vibration or groundborne noise levels. however the proposed project would not contain any components onsite that would typically produce such effects. As per the General Plan Public Safety and Welfare Chapter, the Initial Slade for A4itigated Negative Declaration No. 20/4-01 Page 60 most common sources of vibration in the planning area are transit vehicles, construction equipment, and large vehicles. Several land uses are more sensitive to vibrations and thus have a lower threshold. Sensitive uses include but are not limited to hospitals, concert halls, libraries, certain research institutions, residential areas, schools, and offices. None of these uses are within the project vicinity. The Lake Elsinore Municipal Code includes a provision to reduce vibration impacts, under Section 17.176.080 Prohibited Uses. The code states the following: G.) Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of any individual at or beyond the property boundary of the source if on private property or at 150 feet (46 meters) from the source if on a public space or right-of- way. As previously indicated the project site is not located near any land uses that are sensitive to vibrations. During construction some of the equipment may produce vibrations. However the equipment that typically produces vibrations, such as pile drivers would be utilized in the center of the site where the main building will be established. The distance from the property line and right-of-ways reduces the chance of project vibration causing significant impacts. Therefore because the project does not present any vibration concerns during operation, no sensitive uses exist within the project area, and the majority of construction would occur in the center of the site, impacts would be less than significant. Mitigation Measures: No mitigation measures are required. (Sources: City of Lake Elsinore, 2011 City of Lake Elsinore General Plan, Chapter 3.0 Public Safety and Welfare. December 2013. City of Lake Elsinore, 2013. Lake Elsinore Municipal Code, Chapter 17.176.) e) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (Less Than Si$!nificant Impact) The project site is currently vacant, and therefore does not contribute to local ambient noise levels. Thus the implementation of development onsite would create a new source of noise that would increase the ambient noise levels within the project vicinity. As per the Roadway Analysis Contour Tables contained in Appendix E, existing noise levels on Collier Avenue are 61.2 dBA CNEL, and under project conditions with cumulative impacts and ambient growth, the project specific increase would be 0.1 dBA CNEL, considered a less -than -perceptible increase. Enterprise Drive is a small road with minimal traffic at present, with an average daily traffic level of 11 vehicles. Under existing conditions Enterprise Drive maintains a noise level of 38.1 dBA CNEL. The proposed project would contribute an increase of approximately 5.2 dBA CNEL, However, while this increase would be considered a perceptible increase in ambient noise levels, the resulting traffic noise levels would remain well under the required noise levels for industrial or even residential Land uses with a noise level of 43.3 dBA CNEL. In addition, the project is directly surrounded by vacant land and a commercial use, neither of which are considered sensitive uses. Therefore, traffic noise increases along access roadway segments with implementation of the project would be considered less -than -significant and no mitigation would be required. The project is in agreement with the land use designations in the General Plan. and zoning provided in the Zoning Code. Therefore, the proposed Tight industrial use should be acceptable and tolerated within the district including the noise associated with such planned uses. Therefore, the project would not establish a substantial permanent increase in ambient noise levels in the project vicinity, and impacts are less than significant. milia! Slur{ jor Mitigated Negadivc Dcc(a ra I ion No. 2014-01 Page 61 Mitigation Measures: No mitigation measures are required (Sources: City of Lake Elsinore, 2011 City of Lake Elsinore General Plan, Chapter 3.0 Public Safety and Welfare. December 2013) 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) The project site is currently vacant, and does not contribute to local ambient noise levels. Thus the implementation of development onsite would create a new source of noise that would increase the ambient noise levels within the project vicinity. Permanent noise increases related to implementation of the project are discussed under Section Xll.c) above. however, implementation of the project would result in temporary increases in ambient noise levels in the project vicinity resulting from short-term construction activities. The operation of heavy construction equipment would contribute to noise during the construction phase of the project. However, the applicant would comply with local regulations regarding acceptable hours of construction. Paragraph F of Lake Elsinore Municipal Code Section 17.176.080. (Prohibited acts) contains the following policy: • Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of 7:00 p.m. and 7:00 a.m., or at any time on weekends or holidays, such that the sound therefrom creates a noise disturbance across a residential or commercial real property line, except for emergency work of public service utilities or by variance issued by the City. Paragraph F.2 of Lake Elsinore Municipal Code Section 17.176.080 includes the maximum noise levels at affected properties, including business properties which are adjacent to the project site. At business properties (i.e. California Skier Mastereraft), the maximum noise levels for nonscheduled, intermittent, short-term operation (less than 10 days) of mobile equipment shall remain at or below 85 dBA daily, including Sundays and Legal Holidays, all horns. For stationary equipment (period of 10 days or more) the requirement is 75 dBA or below. All mobile or stationary internal combustion engine powered equipment or machinery shall be equipped with suitable exhaust and air intake silencers in proper working order. The project would be required to comply with all Municipal Code requirements regarding construction and operation, thus would not produce a substantial temporary increase in noise levels. In addition, the project is directly surrounded by vacant land and a commercial use, neither of which are considered sensitive uses. Therefore with compliance of local regulations, the project would not create a substantial temporary increase in ambient noise levels within the project vicinity, and impacts are Tess than significant. Mitigation Measures: No mitigation measures are required. (Sources: City of Lake Elsinore, 2011 City of Lake Elsinore General Plan, Chapter 3.0 Public Safety and Welfare. December 2013; City of Lake Elsinore, 2013. Lake Elsinore Municipal Code. Chapter 17.176) 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, world the project expose people residing or working in the project area to excessive noise levels? (No Impact) India/ Sludy fmAli ogated Negative Dec/aralion No. 2014-01 Page 62 The project is not located within an area subject to an airport land use plan. Additionally, the project is located approximately 4.5 miles from the nearest airport (Skylark Field Airport). No impacts would occur. Mitigation Measures: No mitigation measures are required. (Sources: City of Lake Elsinore, 2011 City of Lake Elsinore General Plan, Chapter 3.0 Public Safety and Welfare. December 2013) 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) The project is not located within the vicinity of a private airstrip. The Skylark Field Airport is a private airport located approximately 4.5 miles southeast of the project. No impacts would occur. Mitigation Measures: No mitigation measures are required. (Sources: City of Lake Elsinore, 2011 City ofLake Elsinore General Plan, Chapter 3.0 Public Safety and Welfare. December 2013) XIII. 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)? (No Impact) The project consists of the establishment of a Tractor Supply Company store within an industrial business area. The project does not contain any residential components, significant open space that would attract people, or add a business that would induce population growth. Thus, the proposed project would not directly or indirectly induce substantial population growth in an area, and no impacts would occur. Mitigation Measures: No mitigation measures are required. (Sources: Proposed Project) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (No Impact) The project is not zoned for residential use, nor is it currently or historically occupied by housing structures. Therefore, the project would displace substantial numbers of existing housing, and no impacts would occur. Mitigation Measures: No mitigation measures are required (Sources: Site Visit, Lake Elsinore Municipal Code) Initial Sludgy, for Wiligaled Nc-galive Declaration No. 20/4-01 Page 63 c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (No Impact) The project is not zoned for residential use, nor is it currently occupied by any people. Additionally, no housing structures are located onsite. Therefore the project would not displace significant numbers of people, and no impacts would occur. Mitigation Measures: No mitigation measures are required. (Sources: Lake Elsinore Municipal Code, Site Visit) XIV. 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? (Less Than Significant Impact) The nearest manned fire station is Station #10, located approximately 2.6 miles southwest of the project site. The City contracts for fire services from the Riverside County Fire Department and the California Department of Forestry and Fire Protection (CalFire). The project would not significantly increase the demand for fire services within the vicinity because no residential structures are proposed, and components of the project do not present unique safety concerns. Additionally, the buildings will be designed and constructed to comply with all current state and local building requirements, and be subject to design review and inspection for fire safety considerations. With mandatory compliance with applicable Fire Code regulations, impacts would be less than significant. Mitigation Measures: No mitigation measures are required. (Sources: City of Lake Elsinore, 2011 City of Lake Elsinore General Plan, Chapter 3.0 Public Safety and Welfare. December 2013) b) Police protection? (Less Than Significant Impact) The City contracts for police services firom the County of Riverside Sheriff's Department and the City Police Department station is located at 333 Limited Avenue. The general plan lists the total number of sworn offers serving in the City in 2011 as 43.6 which equates to a ratio of 0.85 sworn officer per 1,000 residents. Implementation of the proposed project would create a negligible increase in police demand within the City. The project is not a use that generates a significant need for police services and no residential structures are proposed. Impacts would be less than significant. Mitigation Measures: No mitigation measures are required. (Sources: City of Lake Elsinore, 2011 City gjLake Elsinore General Plan, Chapter 3.0 Public Safety and Welfare. December 2013) c) Schools? (No Impact) The project does not contain any residential components, and thus, would not cause an increase in the demand for schools in the area. No impacts would occur. Imlial Sludy for A4i tignled Negative Ueclaralion No. 2014-01 Page 04 Mitigation Measures: No mitigation measures are required. (Sources: Proposed Project) d) Parks? (No Impact) The project does not contain any residential components, and thus, would not cause an increase in the demand for parks in the area. No impacts would occur. Mitigation Measures: No mitigation measures are required. (Sources: Proposed Project) e) Other public services/facilities? (No Impact) The project does not contain any residential components, and would not cause an increase in the demand for other public services/facilities in the area including churches, libraries, or community centers. No impacts would occur. Mitigation Measures: No mitigation measures are required. (Sources: Proposed Project) XV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (No Impact) The project consists of a Tractor Supply Company Store and associated improvements. The project would not introduce additional people into the area. Thus, none of the project elements would cause an increase in the usage of existing neighborhood and regional parks, or other recreational facilities. With no project - related increase in the usage of parks and recreation 'facilities, there will be no project -caused deterioration of existing recreational facilities. No impacts would occur. Mitigation Measures: No mitigation measures are required. (Sources: Proposed Project) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (No Impact) The project consists of the establishment of a commercial development within the Business District of the Lake Elsinore General Plan. The proposed project does not include recreational facilities and docs not create the need to establish additional recreational facilities. Therefore, the project would not require the construction or expansion of additional recreational facilities which might have an adverse physical effect on the environment, and no impacts would occur. Mitigation Measures: No mitigation measures are required. (Sources: Proposed Project) Imlial Sled➢/or Miligaterl Negative Dec/oration No. 2014-01 Page 65 XVI. TRANSPORTATION/TRAFFIC a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? (Less Than Signifncant With Mitigation Incorporated) The following traffic and circulation analysis is based in part on the December 2013 Traffic Analysis memorandum prepared by Trames Solutions, Inc., which is included as Appendix F to this document. The number of hips generated by a project is based on the specific uses proposed and the size of the overall project. The Institute of Transportation Engineers (ITE), Trip Generation manual (9th Edition, 2012) is the industry standard in determining the number of trips generated by a development project on a daily and peak hour basis. The description for a home improvement store, which sells hardware, lumber, etc., most closely resembles the project. However, since a home improvement store sells many items that the tractor supply store will not, the AM and daily trip rate can be considered to be conservatively high. Project trip rates are presented on Table I of the Traffic Analysis memorandum (Appendix F). Based on the land use assumptions for the project, it is anticipated that the project would generate approximately 585 trips per day with 28 AM peak hour trip ends and 27 PM peak hour trip ends. Table 7 presents the trip generation estimates for the project. Table 7: Trip Generation Summary hactor Supply store 1 19.031 TSP 1 16 1 12 1 28 1 13 1 14 1 27 1 585 Total 1 16 1 12 1 28 1 13 1 14 1 27 1 585 Existing Conditions Based on the existing traffic control (stop sign on Enterprise Way), current lane geometry, and empirical peak hour counts, the intersection of Collier Avenue/Enterprise Way is operating at acceptable set -vice levels. Table 8 shows the delay and corresponding level of service (LOS) during the AM and PM peak hours. Table 8: Intersection Analysis for Existing Conditions bolial .Study for Mitigaled Negalive Decla, (mon No. 2014-01 Page 60 Intersection Approach Lanes' Level of — NB SB EB WB Delay' Service Traffic Intersection I: Control' L 7 R L 7 R Collier Ave/ CSS 0 2 0 0 1 0 Fliterprise Way Notes I cs-ua�uaemR I L-L's.r- 1 "V1, 11 I Uew)':mtl iovi or -1 "1 ­rvui,wAv 11,2 fol .. onnv. 5on,.,..-h.s., bolial .Study for Mitigaled Negalive Decla, (mon No. 2014-01 Page 60 Opening Year with Project Conditions The project is anticipated to be built in 2014. Therefore, a 2 percent ambient growth rate has been applied to the existing counts to reflect growth in the area. The City of Lake Elsinore has been contacted to determine if any nearby, unbuilt developments could be constructed commensurately with the project. It has been determined that no projects in the vicinity of the site would be developed by the 2014 timeframe. The resulting peak hour traffic volumes including the project traffic are shown on Figure P of the Traffic Analysis memorandum. Table 9 presents the LOS service summary for Opening Year with Project traffic conditions at the Collier Avenue/Enterprise Way intersection. In order to accommodate project traffic on Collier Avenue and reduce delays/conflicts, a northbound left turn lane and a southbound right turn lane has been assumed at the study intersection. Table 9: Intersection Analysis for Opening Year (2014) With Project Conditions Based on the operational analysis for the Collier Avenue/Enterprise Way intersection, with incorporation of Mitigation Measure MM TR -I, below, the project will not cause a significant impact during the peals horns at its opening year timeframe. Therefore, impacts associated with the performance of the circulation system will be less than significant. Mitigation Measures: MM TR -1 Prior to the issuance of final occupancy/operating permits, the project applicant shall improve the intersection Collier Avenue/Enterprise Way by constructing a northbound left turn lane and a southbound right turn lane to City of Lake Elsinore standards. (Sources: Trames Solutions, Inc., Traffic Analysis Memorandum, December 16, 2013.) b) Conflict with an applicable congestion management program, including, but not limited to level of sevvice standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? (No Impact) As addressed above in Impact XVLa, the project will not cause a significant impact during the peal< hours at its opening year timeframe, nor will it substantially impact the performance of the local or regional circulation system. Thus, the project will not affect any regionally significant roadway as identified in the Riverside County Transportation Commission's (RCTC) most current December 2011 Congestion Management Program (CMP). Therefore, no impacts associated with the CMP will occur. Mitigation Measures: No mitigation measures are required. Imiial.Sludy for Ahligated Negative Declaration No. 2014-01 Page 67 Intersection Approach Lanes'I Level of NB ' SB EB WB Delay' Service Traffic-- Intersection Control' '; L T R L -T R L` T R L T R AM PM AM PM Colliei Ave/ CSS 1 2 0 0 1 1 0 1 0 0 0 0 18.2 25.0 C 1) Enterprise Way Notes: 1 css=o—so«,swn z L 1,rn , Wm,0,11 ma,lm. T16 a, o1.d I[ -1 J--1 etlnilNleJ lmsiq;d,, lollpniri¢niivl)sis ioflni[: Tinfliz Based on the operational analysis for the Collier Avenue/Enterprise Way intersection, with incorporation of Mitigation Measure MM TR -I, below, the project will not cause a significant impact during the peals horns at its opening year timeframe. Therefore, impacts associated with the performance of the circulation system will be less than significant. Mitigation Measures: MM TR -1 Prior to the issuance of final occupancy/operating permits, the project applicant shall improve the intersection Collier Avenue/Enterprise Way by constructing a northbound left turn lane and a southbound right turn lane to City of Lake Elsinore standards. (Sources: Trames Solutions, Inc., Traffic Analysis Memorandum, December 16, 2013.) b) Conflict with an applicable congestion management program, including, but not limited to level of sevvice standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? (No Impact) As addressed above in Impact XVLa, the project will not cause a significant impact during the peal< hours at its opening year timeframe, nor will it substantially impact the performance of the local or regional circulation system. Thus, the project will not affect any regionally significant roadway as identified in the Riverside County Transportation Commission's (RCTC) most current December 2011 Congestion Management Program (CMP). Therefore, no impacts associated with the CMP will occur. Mitigation Measures: No mitigation measures are required. Imiial.Sludy for Ahligated Negative Declaration No. 2014-01 Page 67 (Sources: Riverside County Transportation Commission, Congestion Management Program, December 14, 201 l.) 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 closest public airport to the project site is Skylark Field Airport, which is located approximately 4.5 miles to the southeast. Based on this distance, any flights over the project site will occur at a substantial height. Additionally, the height of the project will be limited by the City of Lake Elsinore's Zoning Code, which would ensure that the project would not interfere with air traffic. Furthermore, the proposed project will not generate additional air traffic or require a change in the location of Skylark Field Airport. Therefore, no impacts associated with air traffic patterns will occur. Mitigation Measures: No mitigation measures are required. (Sources: Federal Aviation Administration, Airport Master Records and Reports, Lake Elsinore, CA Website: littl)://www.gei-I.coiii/501 Oweb/airport. efin?Site=CA42 City of Lake Elsinore's Zoning Code) d) Substantially increase hazards due to a design feature (e.g. sharp coves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (No Impact) Although the project will include the construction of offsite roadway improvements (as addressed in Impact XVI.a, above), the purpose of which is to improve the local circulation following development of the project. Aside from these identified improvements, the project will not include any offsite features that will extend into the public right-of-way or otherwise interfere with circulation or result in traffic hazards. Therefore, no impacts associated with hazardous design features would occur. Mitigation Measures: No mitigation measures are required. (Sources: Trames Solutions, Inc., Traffic Analysis Memorandum, December 16, 2013) e) Result in inadequate emergency access? (No Impact) The project site will be accessible via two driveways off Enterprise Drive and one driveway directly off Collier Avenue. These driveways will be constructed to comply with all applicable standards related to width and clearance, and thus, will be able to accommodate emergency vehicles. Therefore, no impacts associated with emergency access will occur. Mitigation Measures: No mitigation measures are required. (Sources: Trames Solutions, Inc., Traffic Analysis Memorandum, December 16, 2013) f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Impact) The project would construct a Tractor Supply facility on a property designated for industrial/conunercial development. The project's consistency with designated industrial/commercial uses at the site would therefore not prevent the implementation or performance of any adopted policies, plans or programs Initial Smd.v jar Miliga[ed Negalive Declaralion No 2014-01 Page 68 supporting alternative transportation. Therefore, no impacts associated with alternative transportation or the performance of alternative transportation would occur. Mitigation Measures: No mitigation measures are required. (Sources: 2011 City of Lake Elsinore General Plan) XVIL UTILITIES AND SERVICE SYSTEMS a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Less Than Significant Impact) The project site is currently served with sanitary sewer service provided by the EVMWD. Wastewater discharge requirements are determined by the Santa Arra Regional Water Quality Control Board (RWQCB). The EVMWD lift stations pump several thousand gallons per day to 1.5 million gallons per day and its Regional Wastewater Reclamation Facility has capacity to treat up to eight million gallons of wastewater a day. The proposed project would establish a new commercial use that would be expected to produce a corresponding increase in wastewater generation, but is not expected to generate significant point source or non-point source pollutants. The proposed development is in accordance with the Lake Elsinore General Plan for future development, and located within the EVMWD service area. Additionally, the project includes the establishment of two drainage basins that would help regulate the wastewater produced onsite. EVMWD utilize a tertiary system of water treatment, which would reduce any project contributed pollutants. Thus, the proposed project would not be expected to cause facilities within the RWQCB to exceed applicable requirements set by the Regional Water Quality Board. Impacts are Tess than significant. Mitigation Measures: No mitigation measures are required. (Sources: Elsinore Valley Municipal Water District Wastewater Treatment Operations, Website: http://www.evmwd.coiii/depts/operations/wastewater/) 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 proposed project would use an onsite system for the collection of wastewater for conveyance to offsite public wastewater 'facilities. Wastewater conveyed from the project site would ultimately reach EVMWD 'facilities, as part of District 2 wastewater treatment facility, where it would undergo treatment in accordance with applicable regulations. Moreover, most of the wastewater generated by the proposed Project would originate from restroom facilities, which would not impact wastewater treatment or bypass EVMWD treatment facilities. The proposed project would result in the generation of approximately 3,000 gpd of wastewater per acre, or 10,320 gpd (based on the 3.44 total acres of onsite industrial/commercial use). The EVMWD facility has the capacity to treat 8.0 mgd of wastewater, and the addition of Pro .ject wastewater would fall within the treatment capacity of EVMWD's Regional Wastewater Reclamation Facility. As such, no adverse impacts related to wastewater conveyance and treatment is expected as a result of the Project, including the exceedance of wastewater treatment requirements. With Project implementation, the EVMWD facilities would continue to operate in compliance with Regional Water Quality Control Board discharge requirements. Therefore, potential impacts associated with wastewater treatment would be less than significant. Jnilial Sludl,jor Miligated Negative Declaration No. 2014-01 Page 69 Onsite water systems would provide potable water and will connect to the existing water mains with conventional water meters. According to the City of Lake Elsinore General Plan Update EIR, sufficient water supply 'for the City exists both presently and into the future, including a sufficient water supply for the proposed project. The project would construct a Tractor Supply facility on a property designated for industrial/commercial development. The project's consistency with designated industrial/commercial uses at the site would therefore be consistent with the water assessment located within the City of Lake Elsinore General Plan Update EIR. Therefore, no impacts are associated with the construction of new water treatment facilities or expansion of existing facilities. Mitigation Measures: No mitigation measures are required. (Sources: Elsinore Valley Municipal Water District Wastewater Treatment Operations, Website: littp://www.evmwd.coo/depts/operations/wastewater/ City of Lake Elsinore. General Plan Update Environmental Impact Report. 2011) 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 draw on existing drainage facilities. The project site is located within the EVMWD's Urban Service Area, District 2 where such facilities exist, and have the capacity to serve the proposed project. In addition, the proposed drainage basins would reduce overall demand for additional or expanded stormwater drainage facilities. Therefore, the proposed project would not require the construction or expansion of existing stormwater drains or facilities. Impacts are less than significant. Mitigation Measures: No mitigation measures are required. (Sources: Project Design) 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) The potable water supply in the project area is provided 'from imported water from Metropolitan, local service water from Canyon Lake, and local groundwater from the Elsinore Basin. The City of Lake Elsinore General Plan Update EIR evaluated the City's existing and planned water sources, and water distribution systems with their respect to their ability to meet a pro'ject's water demand. As determined by the City's General Plan Update EIR, less than significant impacts would occur to existing water facilities. The EVMWD serves a total of 37,250 potable service connections and has an average potable demand of approximately 32,000 acre-ft/year. EVMWD predicts that future water demand in 2020 will rise to 55,244 acre-ft/year. The project would contribute to the increase in demand, however the EVMWD utilizes a conjunctive use program. In wet years the program utilizes imported water in the Elsinore Basin enhancing groundwater supply reliability. Conjunctive use and artificial recharge programs instituted by EVMWD over the past several years and continued implementation of such programs in the future is expected to result in satisfactory management of the Elsinore Basin (EVMWD, 2011). Based on the aforementioned information, the City's water supply has adequate supply to provide water to the project site and would not require additional entitlements. Impacts are less than significant. Mitigation Measures: No mitigation measures are required. (Sources: Elsinore Valley Municipal Water District Wastewater Treatment Operations, Website: littli://www.evmwd.com/depts/operations/wastewater/) Initial Study for Mitigaled Negalive Declwallon No. 2014-01 Page 70 City of Lake Elsinore. General Plan Update Environmental Impact Report. 201 1) 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 Sil nificant Impact) The project would result in an increase in wastewater compared to existing conditions, as the project site is currently vacant. Therefore, the project would be expected to have a corresponding increase in wastewater generation. Wastewater effluent from the project site is treated through the EVMWD, which operates 31 lift stations that pump water throughout the area. The EVMWD Regional Wastewater Reclamation Facility has the capacity to treat 8.0 million gallons per day. The existing stormwater treatment facility has the capacity to adequately serve the project site, among other planned uses consistent with the City's General Plan. Impacts are less than significant. Mitigation Measures: No mitigation measures are required. (Sources: EVMWD, Treating Wastewater. Website: littp://www.evmwd.coiii/depts/operations/wastewater/default.asi)) t) Be served by a landfill system with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (Less Than Si¢nificaut Impact) Development and operation of the proposed project would generate solid waste which would be served by existing solid waste disposal services. However, development of the project would not include significant solid waste generated by demolition. Solid waste disposal is regulated on the regional level. The City is served by multiple landfills including Badlands Landfill, Lamb Canyon Landfill, and EI Sobrante Landfill. Badlands Landfill is expected to reach capacity by 2024, Lamb Canyon Landfill by 2021, and EI Sobrante Landfill by 2045. Badlands and Lamb Canyon both have the potential to expand their facilities and capacity. In compliance with Section 40050 et. Seq. of the California Public Resources Code Lake Elsinore will continue to implement solid waste reductions programs, thereby reducing the cumulative effect of project implementation. The project would comply with all federal, state, and local statutes. Additionally, the project site is located within the Riverside County Service Area, which includes disposal sites that have the capacity to serve the proposed project. Impacts are less than significant. Mitigation Measures: No mitigation measures are required. (Sources: Riverside County Waste Management Department, Website: http://www.riveowm.org/opencros /landfil I_info/laudfill_hours.html) g) Comply with federal, state, and local statutes and regulations related to solid waste? Less Than Sit nificant Impact) The construction of a Tractor Supply Company Store on the vacant project site would increase the amount of solid waste generated on the site. However, existing landfills in the project area have adequate capacity to serve the site. Waste collection service in Lake Elsinore is currently provided CR&R. The proposed project would comply with all federal, state, and local statutes and regulations related to solid waste. Impacts are less than significant. Mitigation Measures: No mitigation measures are required. (Sources: City of Lake Elsinore. General Plan Update Environmental Impact Report 2011 Initial A4iligated Negalive Oeclaralian No, 201.1-01 Page 71 V. MANDATORY FINDINGS OF SIGNIFICANCE The following are Mandatory Findings of Significance in accordance with Section 21083 of CFQA and Section 15065 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) As per Section IV Biological Resources, the proposed project is located within an area known to contain habitat for candidate, sensitive, or special -status species. However, mitigation measures proposed would reduce impacts to less than significant levels. In addition, the project will not interfere with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. Furthermore, there are no identified historic or known prehistoric resources identified on this site, based on findings in the Cultural Resources Assessment. There are no archaeological or paleontological resources identified in the project, based on a Records Search and field survey. (Sources: FCS reconnaissance -level survey conducted in March of 2014. United States Fish and Wildlife Service, National Wetlands Inventory. http://107.20.228.18/Wetlands/WetlandsMapper.html# [Accessed March 19, 2014) 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 prgjects)? (No Impact) As noted in the individual topical sections of this document, the project does not have impacts that are individually limited, but cumulatively considerable. The proposed Tractor Supply Company project would establish a store and associated improvements consistent with the site's current Commercial Manufacturing zoning and Light Industrial General Plan land use designation. The General Plan EIR evaluated the impacts of the implementation of the City's General Plan and mitigates potential impacts. Therefore, the project is part of the envisioned growth and development of the City of Lake Elsinore. (Sources: City of Lake Elsinore, Final Recirculated Program Environmental Impact Report (SCH No. 2005121019) December 13, 201 1) c) Does the project have environmental effects which will cause substantial adverse effects or human beings, either directly or indirectly? (No Lnpact) The project will not have other environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly, as there are no such impacts identified by the studies conducted for this project of identified by review of the design of the proposed project. The project would be conditioned to ensure that all standard conditions of approval and necessary mitigation measures are followed prior to use of the facility. (Sources: City of Lake Elsinore. General Plan Update Environmental Impact Report. 2011 hvilial.Siz,dl,/or tl4iltgaied Negative Deeloralion No. 2014-01 Page 72 VI. PERSONS AND ORGANIZATIONS CONSULTED This section identifies those persons who prepared or contributed to the preparation of this document. This section is prepared in accordance with Section 15129 of the CEQA Guidelines. First Carbon Solutions I Michael Brandman Associates Jason Brandman — Project Director Charles Holcombe —Project Manager Liz Westmoreland — Environmental Analyst Chiyss Myer— Sr. Air Quality/GHG Scientist Kenneth J. Lord, Ph.D., RPA, Senior Archaeologist Scott Crawford — Sr. Biologist Phil Ault— Sr. Noise Specialist Krazan and Associates Inc. James Kellogg — Managing Engineer Partner Engineering and Science Cody Taylor — Principle Trames Solutions, Inc. Scott Sato, P.E. — Senior Associate lnilial Stns/v lot Ali IigaIed Negative Declaration No. 201 4-01 Page 73 VII. REFERENCES The following documents were used as information sources during preparation of this document. Except as noted, they are available for public review at the City of Lake Elsinore, Community Development Department, 130 South Main Street, Lake Elsinore, CA 92530, ph. (951) 674-3124. California Air Pollution Control Officers Association. 2009. Health Risk Assessments for Proposed Land Uses. Website: ht(p://www.cal)coa.oi-g/wp-content/uploads/2012/03/CAPCOA_1IRA_LU_Guidelities_8-6- 09.pdf California Air Resources Board (ARB). 2005. California Department of Conservation. 2011/2012, Williamson Act Program. California Environmental Protection Agency. Air Quality and Land Use Handbook: A Community Health Perspective. April 2005. Website: www.arb.ca.gov/ch /landuse.htin. California Fish and Game Code. Fish and Game Code Section 3500-3516. California Resources Agency. 2008, Farmland Mapping and Monitoring Program (FMMP). City of Lake Elsinore. 2011. City of Lake Elsinore General Plan, Chapter 3.0 Public Safety and Welfare. City of Lake Elsinore. 2011. City of Lake Elsinore General Plan General Plan Update. City of Lake Elsinore. 2011. City of Lake Elsinore General Plan Update Environmental Impact Report. City of Lake Elsinore. December 2011. City of Lake Elsinore Zoning Map. City of Lake Elsinore. 2011. Climate Action Plan. Website: http://www,lal<e-elsiiiorc.oi-g/Modules /ShowDocument.aspx?documentid=7249 City of Lake Elsinore. 2013. Lake Elsinore Municipal Code. City of Lake Elsinore, 2013. Lake Elsinore Municipal Code. Chapter 17.176City of Lake Elsinore, 2011 City of Lake Elsinore General Plan, Chapter 3.0 Public Safety and Welfare. Department of Transportation, CA Scenic Highway Mapping System. Website: http://www.dot.ca.gov/liq/],aiidArcii/sceiiie highways/iiidex.litm Elsinore Valley Municipal Water District Wastewater Treatment Operations, Website: http://www.evmwd.com/depts/operations/wastewater Elsinore Valley Municipal Water District, Treating Wastewater. Website: http://www.evmw(i.eom/depts/operations/wastewater/default.asp Riverside County Waste Management Department, Website: http://www.i-ivcowm.oi-g/opeiicros/landfill_info/laiidfill_houl-s.litml Elsinore Valley Municipal Water District, Groundwater Management Plan, 2011 Website: http://www.evmwcl.com/depts/engineering /gmp.asp /nilial.SYitdy joi 14iligated Negalive Declaralion No. 2014-01 Page 74 Elsinore Valley Municipal Water District, Urban Water Management Plan, 2011. Website: http://www.water.ca.gov/urbaiiwatermanagement /2010uwm ps/EI s more%20 V al I ey%20Mun i c ipal%20 W ater%20Di strict/EV M WD%20U W MP%202010_F inal.pdo FCS -MBA. March 2014. Reconnaissance -level survey conducted. PCS-MBAa. 2014. Air Quality Emissions Modeling Output. FCS-MBAb. 2014. Cultural Resources Report. Federal Aviation Administration, Airport Master Records and Reports, Lake Elsinore, CA Website: littp://www.gerl.coiii/501 Oweb/aii-poi-t.efin?Site—CA42 KLA Landscape Architecture Planning, Preliminary Landscape Plan, February, 2014 Federal Emergency Management Agency, Flood Insurance Rate Maps. Community Panel No. 2028, Map No.06065C2028G. FEMA Flood Insurance Rafe Maps, Website: http://iiiapl.msc.fema.gov/idms/Inti-aView.cgi?KEY=42003571&]F]T=1 [Accessed June 17, 2014] Krazan and Associates. 2013. Geotechnical Report Partner Engineering and Science, Inc. August, 2013. Phase 1 Environmental Site Assessment. RCTLMA, 2008 Riverside County General Plan Website: http://www.rcthna.ot-g/genplaii /content/gp/chapter06.htm I Riverside County General Plan. 2008. Figure S-8 Wind Erosion Susceptibility Map. Riverside County General Plan. 2008. Figure S-10 Dam Failure Inundation Zones. Riverside County, Santa Ana Region Applicability of WWMP Requirements Checklist. Website: http: //t-cflood. org/do W ti l oads/NPDES/Documents/SA_W QMP/EXHIBIT%20E.pdf Riverside County Transportation Commission, Congestion Management Program. December 14, 2011. South Coast Air Quality Management District. 2010. Greenhouse Gas CEQA. South Coast Air Quality Management District. 2005. Guidance for Addressing Air Quality Issues in General Plans and Local Planning. Website: http://www.agmd.gov/pi-das/a-gguide/doe/cliapter05.pdf South Coast Air Quality Management District. 2008. Final Localized Significance Threshold Methodology, Appendix C. Website: www.agmd.goN,/CEQA/haiidboole/LST/LST.limil South Coast Air Quality Management District. 201 Ia. Air Quality Significance Thresholds. Revised March 201 1. Website: www.agind.gov/cega/liandbook/sigtlthres.pdf. Accessed July 18, 2013 South Coast Air Quality Management District. 2012. Air Quality Management Plan. Website: littp://www.agmd.gov/agmp/2012agmp/Final-Februaiy2O13/iiidex.litinl. February 2013 Stephens' Kangaroo Rat Habitat Conservation Plan leilial study Im Ali(igaled Negalive Peclaralion No. 2014-01 Page 75 Threshold Stakeholder Working Group Meeting 415. September 28, 2013. Website: www.aqiiid.gov/ceqa/liaii(ibool</GliG/201 0/sept28nug/ghgmtg15-web. pdf. Trames Solutions, Inc. December 16, 2013. Traffic Analysis Memorandum. United States Fish and Wildlife Service. National Wetlands Inventory. http://107.20.228.18/Wetlands/WetlandsMapper.html# [Accessed March 19, 2014 USDA Forest Service. Pacific Southwest Region. EvegTile53I3_02_03_v2 and EvegTile54_02_03_v2. 2007 Western Riverside County Multiple Species Habitat Conservation Plan India! Smdv for Miligaled Negalive Deelaralion No. 2011-01 Page 70 MITIGATION MONITORING AND REPORTING PLAN (MMRP) FOR THE INITIAL STUDY MITIGATED NEGATIVE DECLARATION NO. 2014-01 TRACTOR SUPPLY CO. PROJECT (COMMERCIAL DESIGN REVIEW NO. 2014-01& CONDITIONAL USE PERMIT NO. 2014-01) City of LAKE ELSINORE, Riverside County, California State Clearinghouse No. 2014071019 Prepared for: CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92530 951.674.3124 Contact: Richard J. MacHott, Planning Manager Prepared by: FirstCarbon Solutions 621 E. Carnegie Dr, Suite 100 San Bernardino, CA 92408 909.884.2255 Co �s��,�S ��S `S��`�`\ s"AUL �~``�`•t 1^S3i'i a ��`.Y�.F�s �7 kv-ai'g vt TCL 4k J�S n U� ti m 4 N � w Y a Y N C U L u H a O O 9 O — N v r a v O y v o > > U @ ? N O @ a v c N bfi W N U n c v oq� o C C d O m O o- '. 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O O v N O "' O v N V V O Q cl V U V 0 0 0 c m @ 0 m E c v O w v ) L Q o N o N C i O 4 � Uv W O E O O Y LL ^' v s T i- Nc s c O O 3 E v O c O N s O Y E O _ y 'O N E O 0 .O E m C tU0 f� N @ v C T Eo @ E a N U- E N >m N 00 OU N N U O L O v v O X 0@ N %m O 'v � 0 @ w @ N Y Q > To m @ J v w N Y O c V J T tlq a c V w m � v v _w � o I N C C O @ o a N U O a '^ O O N C 01 C —0O N T C @ O E y > w v vO > V O s 0 > fl_ Q y N fl E T N — K @ 9 w : � N @ L T @ N Q > To m N v0 N Y u Q V J O m O Y @ F- a a S o 0 in C O a N Z ti F : F m Agenda Date: 9/9/2014 In Control: City Council Agenda Number: 6) City of Lake Elsinore Text File File Number: ID# 14-279 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w lake-elsinore.org Status: Business File Type: Report City o/ Lake Elsinore Page 1 Printed on 91412014 CITY OF LAKE LSII`IORJE AM WI-REmr- REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: SEPTEMBER 9, 2014 SUBJECT: CONSTRUCTION CONTRACT AWARD — PROJECT NO: Z10014 & Z10022, "FY2014-2015 SLURRY SEAL PROGRAM" Recommendation 1. Award the construction contract for the FY2014-2015 Slurry Seal Project to American Asphalt South, Inc., in the amount of $548,358.35. Allocate a total construction budget of $630,612 (includes an approximate 15% construction contingency of $82,254). 2. Authorize the City Manager to execute the contract with American Asphalt South, Inc. in the amount of $548,358.35, and authorize the City Manager to execute contract amendments not to exceed $630,612. Background On August 6, 2014, Notice Inviting Bids No. PW -2015 -SS -01 was posted for the FY2014-2015 Slurry Seal Project. Contractor bids were solicited and received on August 25, 2014 at 2:00 p.m. Nearly 20 lane miles of roadway pavement will be slurry sealed under the FY 2014-2015 Slurry Seal Project. By total area, the slurry seal will preserve, rejuvenate, and protect nearly 15% of the City's over 12.7 million square feet of pavement. The approximately 40 street segments were selected in accordance with the City's Pavement Management Plan (PMP). The streets had been field -verified by our Consultant and staff as candidates for the slurry -seal surface treatment based on its Pavement Condition Index (PCI). Additionally, City staff utilized its own street crews, crack -filling, and Heatwurx equipment to perform surface preparatory work on the majority of these street segments in a cost -savings effort to reduce the overall construction costs. Construction Contract Award to American Asphalt South, Inc. FY 2014-2015 Slurry Seal Program September 9, 2014 Page 2 of 4 The work to be performed under this contract also includes surface preparation via localized dig -outs (selective removal and replacement of failed asphaltic concrete pavement), and restriping and re -installation of pavement legends, limit lines, and crosswalks in accordance with current standards. Slurry sealing consists of spreading a mixture of asphalt, water, and sand, as well as other materials, in specific laboratory -determined proportions over an asphaltic concrete pavement's surface to produce a durable and cost-effective pavement coating that preserves and improves the surface condition. When properly applied to suitable street conditions, slurry seals are effective in rejuvenating and protecting the asphaltic concrete pavement and extending its serviceable life. Slurry seals also improve the characteristics of the pavement surface, including smoothness and skid resistance. Without such surface treatments, roadway pavements deteriorate at ever-increasing rates, resulting in the need for significantly more -costly major pavement rehabilitation or complete reconstruction. The slurry seal project will be the first initial phase of anticipated subsequent phases of pavement rehabilitation throughout the City. The second and subsequent phases will include other more major street rehabilitation methods including but not limited to grind/overlay to total reconstruction of certain City streets as identified in the City's PMP. Discussion Contractor bids were opened publicly on August 25, 2014 at 2:00 p.m. The City received four (4) bids from qualified contractors. The bid results are summarized below: Contractor (Bidder) Location Bid Amount 1. American Asphalt South, Inc. Fontana $548,358.35 2. Pavement Coatings Co. Mira Loma $593,143.96 3. Roy Allan Slurry Seal, Inc. Santa Fe Springs $604,920.34 4. All American Asphalt Corona $636,405.50 Staff tabulated and verified all bids and determined American Asphalt South, Inc. to be the lowest responsible bidder. The project is expected to begin construction in September 2014 with substantial completion in November 2014. Construction Contract Award to American Asphalt South, Inc. FY 2014-2015 Slurry Seal Program September 9, 2014 Page 3 of 4 Fiscal Impact The estimated construction budget and funds available for construction are as follows: Estimated Construction Costs Base Contract—American Asphalt South, Inc. $ 548,358 Construction Contingency $ 82,254 Estimated Construction Total $ 717,232 Notes: Project Construction Costs are rounded to the nearest dollar. Construction management/inspection and testing costs will be awarded to a Consultant firm at tonight's City Council meeting as a separate consent item. Funding for this project has been allocated under the City's CIP adopted previously. The funding source will be primarily Measure A funds. Currently, there are sufficient funds to complete the project. Prepared by: Walter Allison, P.E. City Engineer Approved by Vince Damasse, P.E. Director of Public Works Approved by Jason Simpson Director Administrative Services Department Approved by: Grant Yates, City Manager Attachments: Agreement for Construction Services for Slurry Seal Program American Asphalt South, Inc. Bid Proposal for Slurry Seal Project Slurry Seal Street Locations List Slurry Seal Location Vicinity Map Agreement No. PUBLIC WORKS CONTRACT 2014-2015 SLURRY SEAL PROGRAM NIB NO. 2015 -PW -SS -01 (CIP PROJECT NOS. Z10014 & Z10022) THIS PUBLIC WORKS CONTRACT is made and entered into this 91" day of September, 2014, by and between the City of Lake Elsinore, a municipal corporation (hereinafter the "City"), and American Asphalt South, Inc., (hereinafter the "Contractor"). RECITALS A. The City Council of the City of Lake Elsinore has decided to construct the "Project". B. The City has invited the submission of bids for the construction of the Project. C. The Contractor has submitted a bid for the contract for the construction of the Project. D. The Contractor is the lowest responsible bidder for the construction of the Project. E. The City proposes to award a contract to the Contractor for the construction of the Project. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. Scope of Work. Contractor agrees to construct the Project according to all the terms and conditions set forth in the Project Documents. The Project Documents include the contract between the City and the Contractor and consist of this Contract and all of the Contract Documents for the aforesaid Project which are the following: (1) the Notice Inviting Bids, Instructions to Bidders, Proposal (as submitted by the Contractor), General Specifications, Special Provisions, Technical Specifications, Plans (if any accompany the Project), and Standard Specifications; (2) everything referenced in said documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above -listed documents are made a part of this Contract as though fully set forth herein. 2. Standard Specifications. Standard Specifications for City projects are those contained in the most recent edition of the "Standard Specifications for Public Works Construction" (the "Greenbook"). The Standard Specifications shall control the general provisions, construction materials, and construction methods for this Contract, except as amended by the Plans for the Project, the General Specifications for the Project, the Special Provisions for the Project, the Technical Specifications for the Project, or any other contract documents. 3. Compensation. a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the aforesaid contract documents for the contract price of $548,358.35. b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents. C. Contractor agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. Completion of Work. a. Contractor shall perform all paving work within twenty-five (25) working days from the date of commencement specified in the Notice to Proceed with construction and shall complete all contract work within forty (40) working days, everything required to be performed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All of said work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Contract as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project. C. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. 5. Change to Work. Contractor agrees that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim. 6. Claims. Contractor agrees that submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by the City, is a condition precedent to any action, proceeding, litigation, suit or demand for arbitration by Contractor. 7. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond Each for one -hundred 100% of the contract price in the form that complies with the project documents and is satisfactory to the City Attorney. 8. Licenses and Legal Responsibilities. a. Contractor acknowledges that it is required to hold the Contractor's license or licenses set forth in the Project Documents. Contractor hereby certifies that it holds the required license(s). b. Contractor shall keep itself informed of all State and Federal laws and regulations that may in any manner affect those employed by it or in any way affect the performance of its work pursuant to this Contract. Contractor shall, at all times, observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph. 9. Non -Assignability. Neither this Contract nor any rights, title, interest, duties or obligations under this Contract may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City. 10. Administration. This Contract will be administered by the City's Public Works Department. The Director of Public Works/City Engineer or his designee shall be considered the Project Administrator and shall have the authority to act for the City under this Contract. 11. Indemnification. Contractor agrees to indemnify, protect, defend and hold harmless the City, the City Council, the City's officers, employees, agents, and representatives from any claims, suits, actions, liability or damages, including related expenses, attorney's fees and costs, based on, arising out of, or in any way related to the work undertaken by Contractor pursuant to this Contract. 12. Liability Insurance. Without limiting Contractor's indemnification of City, as described in paragraph 10, Contractor shall obtain, provide and maintain, at its own expense, during the term of this Contract, and shall require all subcontractors, if any, to take out and maintain, a policy or policies of insurance, satisfactory to the City, from insurance carriers admitted to do business in the State of California, which contain the coverage described below. a. Comprehensive Liability Insurance, vehicular and non -vehicular, for claims for bodily injury, death, or property damage, which may arise from the performance of the Contract. Such insurance shall be in an amount of at least $1 million per occurrence and $2 million aggregate. b. Certificates of Insurance shall be provided by Contractor as evidence of the above - indicated policies. c. The City of Lake Elsinore, the City Council, and the City's officers, employees, agents and representatives shall be named as additional insureds under these policies. d. Said Certificates of Insurance shall provide that 30 days written notice of cancellation shall be given to the City in the event of cancellation and/or reduction in coverage of any nature. 13. Workers' Compensation Insurance. Contractor acknowledges the provisions of State Labor Code Section 3700, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and Contractor certifies that it will comply with these provisions before commencing performance of work under this Contract. The Contractor shall sign a Workers' Compensation Insurance Certificate, in a form satisfactory to the City, and submit the signed Certificate to the City prior to commencing work under this Contract. 14. State Labor Code. a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Sections 1770, 1773, and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. b. Contractor's attention is directed to the provisions of Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the State Labor Code. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced. c. Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. Section 1777.5 of the Labor Code requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Section 1777.6 of the Labor Code provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810. 15. Nondiscrimination by Contractor. Contractor represents and agrees that Contractor, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, religion, color, sex, handicap, or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 16. Integration. This Contract supersedes any and all agreements, either oral or written, between the parties hereto with respect to the construction of the Project by Contractor for City and contains all of the covenants and agreements between the parties with respect to the construction of the Project. Each party to this Contract acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to the construction of the Project by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding work not contained in this Contract shall be valid or binding. Any modification or amendment of this Contract will be effective only if it is in writing and signed by the parties to this Contract. Any changes to the work required by this Contract will be by change order signed by the parties. 4 17. Governing Law. This Contract will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Contract is requested, or in which it is alleged that a breach of this Contract has taken place, shall be filed and prosecuted in the County of Riverside, California. 18. Attorney Fees. If any legal proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Contract, the prevailing party will be entitled to reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. 19. Successors and Assigns. The terms and conditions of this Contract shall be binding on the successors and assigns of the parties to this Contract. 20. Authority to Sign. The person or persons executing this Contract on behalf of the Contractor warrant and represent that they have the authority to execute this Contract on behalf of the Contractor and have the authority to bind Contractor to the construction of the project. (SIGNATURES ON NEXT PAGE) r_IIIrr:611 Virginia Bloom, City Clerk APPROVED AS TO FORM: LEIBOLD MCCLENDON & MANN, P.C. Barbara Leibold, City Attorney CITY' CITY OF LAKE ELSINORE, a California municipal corporation By: It: 'CONTRACTOR" By: _ Name: Title: By: _ Name: Title: [Signature of contractor must be notarized. Need two signatures if contractor is a corporation. Attached acknowledgement] 6 BIDDER'S PROPOSAL FY2014-2015 SLURRY SEAL PROGRAM NIB NO. 2016 -PW -SS -01 (CIP PROJECT NOS. 210014 & Z10022) Company: Honorable Mayor Members of the Council: .Tvtc. In accordance with the Notice Inviting Bids pertaining to the receiving of sealed proposals by the City Clerk of the City of Lake Elsinore for the above titled improvement, the undersigned hereby proposes to furnish all Work to be performed in accordance with the Specifications, Standard Drawings, and the Contract Documents, for the unit price or lump sum set forth in the following schedule: REVISED BID SCHEDULE A-- LOCATIONS PER APPENDIX A Item No. Sec. No. Description Quantity Units Unit Price ($) Total Bid ($) 1 MOBILIZATION AND DEMOBILIZATION, -- INCLUDING CONSTRUCTION SCHEDULES 1 LS �5, btu gyp 9-3.4 NOT TO EXCEED 5% OF TOTAL BID CCD,. _2 _ 4 -INCH THICK ASPHALTIC CONCRETE DIG- -10-5 145 Tons o a 46 �S / _—�b Q0 OUTS (RESIDENTIAL STREETS) , �P 3 6 -INCH THICK ASPHALTIC CONCRETE DIG- 10 5 OUTS (ARTERIAL, COLLECTOR, AND 530 Tons INDUSTRIAL STREETS) l41 - CRACK FILLING 25,815 LF - - 5 TYPE II SLURRY SEAL _. 10-14 1,868,580 SF �, o2i0i. &D 6 REMOVE EXISTING THERMOPLASTIC _..___............___...__ PAVEMENT MARKINGS, RE -INSTALL ALL 1 LS 9-3.2.1 PAVEMENT MARKINGS, REFLECTIVE 60 �� n�00 ` 10-15 PAVEMENT MARKERS AND LEGENDS I l� 1 7 ____ CONSTRUCTION SURVEYING AND 1 LS a 500 O0 �1 r pa 2-9 MONUMENT PRESERVATION c� 8 7-10 10 16 TRAFFIC CONTROL 1 LS �5 000. 0a �6 coo. 00 9- .2.2 9 RE -INSTALL SENIOR CENTER PARKING LOT ------ ...... - PAVEMENT MARKINGS. ALL ADA STALLS 1 LS 9-3.2.1 AND MARKINGS SHALL BE PER CURRENT 10-15 �C4 STATE ACCESSIBILITY STANDARDS. •00 J 100 SCHEDULE A Total Bid: SCHEDULE A Total Bid: i` we �AUt1D2� io� �Iq -n,N%r4tj G\,4c Caf-05 ES4SI 35$.3S C-2 (Addendum No. 1) i