HomeMy WebLinkAboutCC Reso No 2020-076 CEQA for Planning Application No. 2016-112 - Kassab Travel CenterRESOLUTION NO. 2020-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ER
2018-02) (SCH NO. 2019029048) FOR MUNICIPAL CODE AMENDMENT NO.
2017-02, CONDITIONAL USE PERMIT NO. 2018-03, AND COMMERCIAL
DESIGN REVIEW NO. 2016-17
Whereas, Joseph Karaki, Karaki Western States Engineering, Inc., has filed an
application with the City of Lake Elsinore (City) requesting approval of Planning Application No.
2016-112 (Municipal Code Amendment No. 2017-02, Conditional Use Permit No. 2018-03, and
Commercial Design Review No. 2016-17). The Project site is located in the central portion of the
City, near the southwest corner of Riverside Drive and Collier Avenue and encompasses
Assessor Parcel Numbers (APNs) 378-030-007 and 378-030-009; and
Whereas, Municipal Code Amendment (MCA) No. 2017-02 proposes an amendment to
Chapter 17.132 of the Lake Elsinore Municipal Code (LEMC) to allow for drive-through
establishments as a use subject to approval of a Conditional Use Permit in the Commercial
Manufacturing (C-M) District; and
Whereas, Conditional Use Permit No. 2018-03 and Commercial Design Review No. 2016-
17 are proposing to establish a new travel center consisting of an 8,360 square foot (SF)
convenience store with concurrent sale of alcoholic beverages (Type 21 ABC), three (3) quick
serve restaurants, two (2) covered gas dispensing areas (with a maximum throughput of 5.8
million gallons of gasoline per year) totaling 6,092 SF, and a free-standing 2,543 SF fast-food
restaurant with a drive-through on a 2.39 net acre site after right-of-way dedication. The Project
will provide 59 total vehicular parking spaces, three (3) RV parking spaces, and a service loading
area along the northern property line; and
Whereas, the Project is subject to the provisions of the California Environmental Quality
Act (Public Resources Code §§ 21000, et seq.: “CEQA”) and the State Implementation
Guidelines for CEQA (14 California Code of Regulations Sections 15000, et seq.: “CEQA
Guidelines”) because the Project involves an activity which may cause either a direct physical
change in the environment, or a reasonably foreseeable indirect physical change in the
environment, and involves the issuance of a lease, permit license, certificate, or other entitlement
for use by one or more public agencies (Public Resources Code Section 21065); and
Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial
Study to determine if the Project would have a significant effect on the environment. The Initial
Study revealed that the Project would have potentially significant environmental impacts but those
potentially significant impacts could be mitigated to less than significant levels; and
Whereas, based upon the results of the Initial Study (Environmental Review No. 2018-
02), and based upon the standards set forth in CEQA Guidelines Section 15070, it was
determined that it was appropriate to prepare and circulate a Mitigated Negative Declaration
(MND) for the Project; and
Whereas, in accordance with CEQA Guidelines Section 15073, the MND was made
available for public review and comment for a minimum of 30 days beginning on February 8, 2019,
and ending on March 11, 2019; and
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
CC Reso. No. 2020-76
Page 2 of 4
Whereas, several comments were received on the MND, as detailed in Appendix M –
Response to Comments on The Draft Initial Study/Mitigated Negative Declaration Environmental
Review No. 2018-02, City of Lake Elsinore, August 2019 that were considered by the Lead
Agency before it acted on the Proposed Project; and
Whereas, pursuant to CEQA Guidelines Section 15073.5 (a) and in response to
comments received, the City of Lake Elsinore recirculated the Draft Initial Study/Mitigated
Negative Declaration due to substantial revisions after public notice of its availability but prior to
its adoption; and
Whereas, pursuant to CEQA Guidelines Section 15073.5(b)(1), a new, avoidable
significant effect was identified associated with vibration impacts, and MM NOI-3 was added to
restrict the use of construction equipment within proximity to the property line, which would reduce
the potential impact to less than significant; and
Whereas, pursuant to CEQA Guidelines Section 15073.5(b)(2), proposed mitigation
measure MM NOI -1 associated with construction noise would not reduce potential effects to less
than significant, therefore, MM NOI – 1 was revised to state that no stationary equipment would
be operated within 50 feet of the northwest and southwest property lines and that construction of
the proposed sound wall detailed in MM NOI-2 be completed prior to the start of site preparation
or grading activities for the Proposed Project, which would reduce the potential impact to less
than significant and preparation of a draft Environmental Impact Report was not required pursuant
to CEQA Guidelines Section 15073.5(d); and
Whereas, pursuant to CEQA Guidelines Section 15072, on September 13, 2019, the City
duly issued a notice of intent to adopt the MND; and
Whereas, in accordance with CEQA Guidelines Section 15073, the Recirculated MND
was made available for public review and comment for a minimum of 30 days beginning on
September 13, 2019, and ending on October 14, 2019; and
Whereas, a Mitigation Monitoring and Reporting Program (MMRP) for the Project has
been prepared in accordance with Section 21081.6 of CEQA; and
Whereas, the Planning Commission (Commission) has been delegated with the
responsibility of making recommendations to the City Council (Council) for adopting MNDs; and
Whereas, the Recirculated MND was sent to the Commission members on or about
September 13, 2019, and was considered by the Commission on June 16, 2020 at a duly noticed
Public Hearing and the Commission has considered evidence presented by the Community
Development Department and other interested parties on the adequacy of the MND. The
Commission adopted a resolution recommending that the Council adopt the MND for the Project;
and
Whereas, on July 14, 2020, at a duly noticed Public Hearing, the Council has considered
the recommendation of the Commission as well as evidence presented by the Community
Development Department and other interested parties with respect to this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
CC Reso. No. 2020-76
Page 3 of 4
Section 1: The foregoing recitals are true and correct and are hereby incorporated into
these findings by this reference.
Section 2: The Council has evaluated all comments, written and oral, received from
persons who have reviewed the MND. The Council hereby finds and determines that all public
comments have been addressed.
Section 3: The Council hereby finds that the MND for the Project is adequate and has
been completed in accordance with the CEQA Guidelines and the City’s procedures for
implementation of CEQA. The Council has reviewed and considered the information contained in
the MND and finds that the MND represents the independent judgment of the City.
Section 4: The Council further finds and determines that none of the circumstances listed
in CEQA Guidelines Section 15073.5 requiring recirculation of the MND are present and that it
would be appropriate to adopt the MND as proposed.
Section 5: The Council hereby makes, adopts, and incorporates the following findings
regarding the lack of potential environmental impacts of the Project and the analysis and
conclusions set forth in the MND:
1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a
Mitigated Negative Declaration and Initial Study was released for public review and
mitigation measures set forth in the Initial Study would avoid the effects or mitigate the
effects to a point where clearly no significant effects would occur.
Based upon the Initial Study conducted for the Project, there is substantial evidence
suggesting that all potential impacts to the environment resulting from the Project can be
mitigated to less than significant levels. All appropriate and feasible mitigation has been
incorporated into the Project design. The Mitigation Monitoring and Reporting Plan contains
an implementation program for each mitigation measure. After implementation of the
mitigation contained in the MMRP, potential environmental impacts are effectively reduced
to less than significant levels.
2. There is no substantial evidence, in the light of the whole record before the agency including
the initial study and any comments received, that the Project will have significant effect on
the environment.
Pursuant to the evidence received, including comment letters, and in the light of the whole
record presented, the Project will not have a significant effect on the environment.
Section 7: Based upon the evidence presented, the above findings, and the conditions of
approval imposed upon the Project, the Council hereby adopts MND (ER 2018-02) (SCH No.
2019029048) and the MMRP, which is attached hereto as Exhibit “A1”, for Planning Application
No. 2016-112 (Municipal Code Amendment No. 2017-02, Conditional Use Permit No. 2018-03,
and Commercial Design Review No. 2016-17).
Section 8: This Resolution shall take effect immediately upon its adoption.
Section 9: The City Clerk shall certify to the adoption of this Resolution and enter it into
the book of original Resolutions.
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
CC Reso. No. 2020-76
Page 4 of 4
Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this 14th day of July 2020.
Brian Tisdale
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2020-76 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of July 14, 2020 and that the same was adopted by the following vote:
AYES: Council Members Manos, Johnson, and Sheridan; Mayor Pro-Tem Magee; and
Mayor Tisdale
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
Kassab Travel Center Project
Mitigation Monitoring and Reporting Program
Terms and Definitions:
1. Property Owner/Developer – Owner or developer of the Lake Elsinore Kassab Travel Center Project.
2. Environmental Equivalent/Timing – Any mitigation measure and timing thereof, subject to the approval of the City, which
will have the same or superior result and will have the same or superior effect on the environment. The Planning Department,
in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed
"environmental equivalent/timing" and, if determined necessary, may refer said determination to the Planning Commission.
Any costs associated with information required in order to make a determination of environmental equivalency/timing shall
be done by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in
the City's adopted Fee Schedule.
3. Implementation Timing – This is the point where a mitigation measure must be monitored for compliance. In the case where
multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be
monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring
Plan will occur, as routine City practices and procedures will ensure that the intent of the measure has been complied with.
For example, if the timing is "to be shown on approved building plans" subsequent to issuance of the building permit
consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure
compliance.
4. Responsibility Monitoring Party – Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and
determined adequate by all departments listed for each mitigation measure. Outside public agency review is limited to those
public agencies specified in the Mitigation Monitoring Plan which have permit authority in conjunction with the mitigation
measure.
5. Ongoing Mitigation Measures – The mitigation measures that are designated to occur on an ongoing basis as part of this
Mitigation Monitoring Plan will be monitored in the form of an annual letter from the property owner/developer in January
of each year demonstrating how compliance with the subject measure(s) has been achieved. When compliance with a
measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no
further monitoring will occur. For measures that are to be monitored "Ongoing During Construction", the annual letter
will review those measures only while construction is occurring; monitoring will be discontinued after construction is
complete. A final annual letter will be provided at the close of construction.
6. Building Permit – For purposes of this Mitigation Monitoring Plan, a building permit shall be defined as any permit issued for
construction of a new building or structural expansion or modification of any existing building, but shall not include any
permits required for interior tenant improvements or minor additions to an existing structure or building.
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
Kassab Travel Center Project
Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Impact
Category Mitigation Measure Implementation
Timing
Responsible
Monitoring
Party
Monitoring/Reporting
Method
Biological
Resources
MM BIO-1: Prior to the issuance of a grading permit, the
Property Owner/Developer shall include a note on the plans
that outlines the following requirements from Section 6.1.4 of
the MHSCP:
Drainage:
1. Prepare and follow a Storm Water Pollution Prevention Plan
(SWPPP) as required by the National Pollutant Discharge
Elimination System (NPDES) General Construction Permit
requirements.
2. Implement the measures in the Project Specific Water
Quality Management Plan (Appendix I):
a. Drainage flows will be captured by the proposed ribbon
gutters toward the proposed BMPs.
b. Washwater containing any cleaning agent or degreaser and
discharge will be collected to the sanitary sewer and not to a
storm drain.
c. Storm drain inlets will be marked “only rain down the storm
drain”. Stormwater pollution prevention information will be
provided to new site owners, lessees, or operators. A Lease
agreement will include the following: “tenant shall not allow
anyone to discharge anything to storm drains or store or
deposit materials so as to create a potential discharge to storm
drains”.
Toxics:
Follow Guidelines in Lake Elsinore Municipal Code Section
17.112.090 pertaining to gasoline dispensing establishments
including a minimum 30-foot setback of gasoline pumps and
pump islands from any property line. Measures identified
Prior to Issuance
of Grading
Permits
Project
Applicant/
Engineering
and Planning
Dept.
Storm Water
Pollution
Prevention Plan
(SWPPP), Precise
Grading Plans,
Building Permit
Plans, Landscape
Plan
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
Kassab Travel Center Project
Mitigation Monitoring and Reporting Program
above to protect water quality will minimize the effects of
runoff of toxics into adjacent habitat areas.
Lighting:
Comply with Lake Elsinore Municipal Code Section 17.112.040
Lighting (for Nonresidential Development) that all outdoor
lighting fixtures in excess of 60 watts are oriented and shielded
to prevent glare or direct illumination on adjacent properties.
All exterior lighting shall be shielded away from the MSHCP
Conservation Area to protect species within the MSHCP
Conservation Area from direct night lighting. Shielding shall be
incorporated in project designs to ensure ambient lighting in
the MSHCP Conservation Area is not increased.
Noise:
Consistent with MM NOI-2, the Property Owner/Developer
would construct a minimum 8-foot high masonry wall on the
northwest and southwest property lines of the Project Site.
With implementation of MM NOI-2, the combined noise levels
at the adjacent commercial uses would be 58 dBA at the
northwest property line and would be 51 dBA at the southwest
property line, which are within both the City’s daytime and
nighttime noise standards for commercial land uses and below
the 60dBA threshold recommended by the Wildlife Agencies.
Invasives:
1. Review the Landscaping Plan by a qualified Biologist to
ensure that invasive species are not included in the plant
palette. If possible, the Landscape Plan should use low water-
using plants to be consistent with Assembly Bill 1881.
2. Require contractors to wash construction vehicles prior to
delivery to the Project Site in order to minimize weed seeds
entering the construction area via vehicles. The construction
contractor shall track-clean or use other methods of vehicle
cleaning to prevent weed seeds from entering/exiting the
Project Site on vehicles.
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
Kassab Travel Center Project
Mitigation Monitoring and Reporting Program
3. Use wattles for erosion control that are certified as weed-
free.
Barriers:
Use landscaping and/or fencing to discourage public access
and illegal dumping in adjacent habitat areas.
Vegetation Removal:
Remove vegetation outside the peak nesting season for raptors
(February 1 to June 30) and the peak nesting season for birds
(March 1 to June 30). If vegetation removal would occur
between February 1 and June 30, the Property
Owner/Developer shall have a pre-construction survey for
active raptor/bird nests completed by a qualified Biologist,
who may place restrictions on construction activities in the
vicinity of any active nest until the nest is no longer active.
Biological
Resources
MM BIO-2: Prior to the issuance of a grading permit, the
Property Owner/Developer shall include a note on the plans
that outlines the following requirements from Section 7.5.3 of
the MSHCP:
Construction Minimization Measures:
1. Plans for water pollution and erosion control will be
prepared for all Discretionary Projects involving the movement
of earth in excess of 50 cubic yards. The plans will describe
sediment and hazardous materials control, dewatering or
diversion structures, fueling and equipment management
practices, use of plant material for erosion control. Plans will
be reviewed and approved by the County of Riverside and
participating jurisdiction prior to construction.
2. Timing of construction activities will consider seasonal
requirements for breeding birds and migratory non-resident
species. Habitat clearing will be avoided during species active
breeding season defined as March 1 to June 30.
Prior to
Issuance of
Grading
Permits
Ongoing and
during
Construction
Project
Applicant/
Building, Fire,
Engineering,
and Planning
Dept.
Storm Water
Pollution Prevention
Plan (SWPPP),
Erosion Control
Plan,
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
Kassab Travel Center Project
Mitigation Monitoring and Reporting Program
3. Sediment and erosion control measures will be implemented
until such time soils are determined to be successfully
stabilized.
4. Short-term stream diversions will be accomplished by use of
sand bags or other methods that will result in minimal in-
stream impacts. Short-term diversions will consider effects on
wildlife.
5. Silt fencing or other sediment trapping materials will be
installed at the downstream end of construction activities to
minimize the transport of sediments off-site.
6. Settling ponds where sediment is collected will be cleaned in
a manner that prevents sediment from re-entering the stream
or damaging/disturbing adjacent areas. Sediment from settling
ponds will be removed to a location where sediment cannot re-
enter the stream or surrounding drainage area. Care will be
exercised during removal of silt fencing to minimize release of
debris or sediment into streams.
7. No erodible materials will be deposited into water courses.
Brush, loose soils, or other debris material will not be
stockpiled within stream channels or on adjacent banks.
8. The footprint of disturbance will be minimized to the
maximum extent feasible. Access to sites will occur on pre-
existing access routes to the greatest extent possible.
9. Equipment storage, fueling and staging areas will be sited on
non-sensitive upland habitat types with minimal risk of direct
discharge into riparian areas or other sensitive habitat types.
10. The limits of disturbance, including the upstream,
downstream and lateral extents, will be clearly defined and
marked in the field. Monitoring personnel will review the limits
of disturbance prior to initiation of construction activities.
11. During construction, the placement of equipment within
the stream or on adjacent banks or adjacent upland habitats
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
Kassab Travel Center Project
Mitigation Monitoring and Reporting Program
occupied by Covered Species that are outside of the project
footprint will be avoided.
12. Exotic species removed during construction will be properly
handled to prevent sprouting or regrowth.
13. Training of construction personnel will be provided.
14. Ongoing monitoring and reporting will occur for the
duration of the construction activity to ensure implementation
of best management practices.
15. When work is conducted during the fire season (as
identified by the Riverside County Fire Department) adjacent
to coastal sage scrub or chaparral vegetation, appropriate fire-
fighting equipment (e.g., extinguishers, shovels, water tankers)
shall be available on the site during all phases of project
construction to help minimize the chance of human-caused
wildfires.
16. Shields, protective mats, and/or other fire preventative
methods shall be used during grinding, welding, and other
spark-inducing activities. Personnel trained in fire hazards,
preventative actions, and responses to fires shall advise
contractors regarding fire risk from all construction-related
activities.
17. Active construction areas shall be watered regularly to
control dust and minimize impacts to adjacent vegetation.
18. All equipment maintenance, staging, and dispensing of
fuel, oil, coolant, or any other toxic substances shall occur only
in designated areas within the proposed grading limits of the
Project Site. These designated areas shall be clearly marked
and located in such a manner as to contain run-off.
19. Waste, dirt, rubble, or trash shall not be deposited in the
Conservation Area or on native habitat.
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
Kassab Travel Center Project
Mitigation Monitoring and Reporting Program
Biological
Resources
MM BIO-3: Burrowing Owl Surveys. Prior to the issuance of a
grading permit, the Property Owner/Developer shall conduct
focused burrowing owl surveys and a pre-construction
burrowing owl survey within the Project Site and 150-meter
Survey Area surrounding the Project Site. The focused surveys
should occur during the breeding season between March 1
and August 31 but may be conducted any time of year. Four
separate focused surveys must occur during favorable
weather conditions on the Project Site and Survey Area during
early morning hours (from one hour before sunrise until two
hours after sunrise) or late afternoon hours (from two hours
before sunset to one hour after sunset) and may occur on
consecutive days. After completion of the surveys, a final
report shall be submitted to the City of Lake Elsinore Planning
Division and the RCA Monitoring Program Administrator,
which discusses survey methods, transect widths, duration,
weather conditions and results of the survey. The report will
discuss any additional required mitigation for MSHCP
consistency.
Following the focused surveys, an initial pre-construction
survey must occur within 30 days of initiating construction
activities, according to the Western Riverside County Regional
Conservation Authority (RCA) Burrowing Owl Survey
Instructions for the Plan Area (2006). After completion of the
surveys, a final report shall be submitted to the City of Lake
Elsinore Planning Division and the RCA Monitoring Program
Administrator, which discusses survey methods, transect
widths, duration, weather conditions and results of the
survey. The report will discuss any additional required
mitigation for MSHCP consistency. A final pre-construction
survey shall also occur within 24 hours of initial vegetation
Prior to Issuance
of Grading
Permits
Project
Biologist/
Planning Dept.
Final Burrowing Owl
Report, Memo
Report of Pre-
Construction Survey
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
Kassab Travel Center Project
Mitigation Monitoring and Reporting Program
clearing or grading activities, followed by a memo report of
the results.
Biological
Resources
MM BIO-4: Nesting Bird Pre-Construction Surveys. In order to
avoid violation of the federal Migratory Bird Treaty Act (MBTA)
and California Fish and Wildlife Code, site-preparation
activities (removal of trees and vegetation) shall be avoided to
the greatest extent possible during the nesting season
(generally March 1 to August 15).
If site-preparation activities are to occur during the nesting
season, a pre-construction nesting survey shall be conducted
within 30 days prior to the commencement of construction (if
between March 1 and August 15). A qualified biologist shall
perform the nesting survey that will consist of a single visit to
ascertain whether there are active raptor nests within 500 feet
of the project footprint or other protected bird nests within
300 feet of the project footprint. Nests will be searched for in
the trees and shrubs. This survey shall identify the species of
nesting bird and to the degree feasible, nesting stage (e.g.,
incubation of eggs, feeding of young, near fledging). Nests shall
be mapped (not by using GPS because close encroachment
may cause nest abandonment). The follow-up nesting survey
shall be conducted for five (5) consecutive days and no more
than three (3) days prior to clearing. If an active nest is
observed, the nest location shall be fenced off surrounding an
adequate radius buffer zone as determined by biological
monitor. The buffer zone shall not be disturbed until the nest
is inactive. Biological monitoring shall occur during vegetation
removal activities.
Project
Biologist/
Planning Dept.
Cultural
Resources and
Tribal Cultural
Resources
MM-CUL-1: Unanticipated Resources. The Developer/Permit
Holder or any successor in interest shall comply with the
following for the life of this permit. If during ground
Ongoing and
during
Construction
and Ground
Project
Applicant,
Project
Archaeologist/
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
Kassab Travel Center Project
Mitigation Monitoring and Reporting Program
disturbance activities, unanticipated cultural resources are
discovered, the following procedures shall be followed:
1. All ground disturbance activities within 100 feet of the
discovered cultural resource shall be halted until a meeting is
convened between the developer, the Project Archaeologist,
the Native American tribal representative(s) from consulting
tribes (or other appropriate ethnic/cultural group
representative), and the Community Development Director or
their designee to discuss the significance of the find.
2. The developer shall call the Community Development
Director or their designee immediately upon discovery of the
cultural resource to convene the meeting.
3. At the meeting with the aforementioned parties, the
significance of the discoveries shall be discussed and a decision
is to be made, with the concurrence of the Community
Development Director or their designee, as to the appropriate
mitigation (documentation, recovery, avoidance, etc.) for the
cultural resource.
4. Further ground disturbance shall not resume within the area
of the discovery until a meeting has been convened with the
aforementioned parties and a decision is made, with the
concurrence of the Community Development Director or their
designee, as to the appropriate mitigation measures.
Disturbing
Activities
Planning Dept.,
Tribal
Monitor(s)
Cultural
Resources and
Tribal Cultural
Resources
MM CUL-2: Archaeologist/CRMP. Prior to issuance of grading
permits, the Property Owner/Developer shall provide evidence
to the Community Development Department that a Secretary
of Interior Standards qualified and certified Registered
Professional Archaeologist (RPA) has been contracted to
implement a Cultural Resource Monitoring Program (CRMP)
that addresses the details of all activities that must be
completed and procedures that must be followed regarding
cultural resources associated with this project. The CRMP
document shall be provided to the Community Development
Prior to the
Issuance of
Grading Permits
Prior to the
Issuance of Final
Grading Permits
Project
Applicant,
Project
Archaeologist/
Planning Dept.,
Tribal
Monitor(s)
Phase IV Final
Archaeological
Report
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
Kassab Travel Center Project
Mitigation Monitoring and Reporting Program
Director or their designee for review and approval prior to
issuance of the grading permit. The CRMP provides procedures
to be followed and are to ensure that impacts on cultural
resources will not occur without procedures that would reduce
the impacts to less than significant. These measures shall
include, but shall not be limited to, the following:
Archaeological Monitor - An adequate number of qualified
monitors shall be present to ensure that all earth-moving
activities are observed and shall be on-site during all grading
activities for areas to be monitored including off-site
improvements. Inspections will vary based on the rate of
excavation, the materials excavated, and the presence and
abundance of artifacts and features. The frequency and
location of inspections will be determined by the Project
Archaeologist, in consultation with the Tribal monitor.
Cultural Sensitivity Training - The Project Archaeologist and a
representative designated by the consulting Tribe(s) shall
attend the pre-grading meeting with the contractors to provide
Cultural Sensitivity Training for all Construction Personnel.
Training will include a brief review of the cultural sensitivity of
the Project and the surrounding area; what resources could
potentially be identified during earthmoving activities; the
requirements of the monitoring program; the protocols that
apply in the event unanticipated cultural resources are
identified, including who to contact and appropriate avoidance
measures until the find(s) can be properly evaluated; and any
other appropriate protocols. This is a mandatory training and
all construction personnel must attend prior to beginning work
on the Project Site. A sign-in sheet for attendees of this training
shall be included in the Phase IV Monitoring Report.
Unanticipated Resources - If previously unidentified potentially
significant cultural resources are discovered, the
Archaeological and/or Tribal Monitor(s) shall have the
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
Kassab Travel Center Project
Mitigation Monitoring and Reporting Program
authority to divert or temporarily halt ground disturbance
operations in the area of discovery to allow evaluation of
potentially significant cultural resources. The Project
Archaeologist, in consultation with the Tribal monitor(s) shall
determine the significance of the discovered resources. The
Community Development Director or their designee must
concur with the evaluation before construction activities will
be allowed to resume in the affected area. Before construction
activities are allowed to resume in the affected area, the
artifacts shall be recovered and features recorded using
professional archaeological methods. The Project
Archaeologist shall determine the amount of material to be
recovered for an adequate artifact sample for analysis. Isolates
and clearly non-significant deposits shall be minimally
documented in the field and the monitored grading can
proceed.
Cultural Resources Disposition - If Native American cultural
resources are discovered during the course of grading
(inadvertent discoveries), the following procedures shall be
carried out for final disposition of the discoveries:
One or more of the following treatments, in order of
preference, shall be employed with the tribes. Evidence of such
shall be provided to the Community Development
Department:
1. Preservation-In-Place of the cultural resources, if
feasible. Preservation in place means avoiding the
resources, leaving them in the place where they were
found with no development affecting the integrity of
the resources.
2. Relocation of the resources on the Project property.
The measures for relocation shall include, at least, the
following: Measures and provisions to protect the
future reburial area from any future impacts in
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
Kassab Travel Center Project
Mitigation Monitoring and Reporting Program
perpetuity. Relocation shall not occur until all legally
required cataloging and basic recordation have been
completed, with an exception that sacred items, burial
goods and Native American human remains are
excluded. Any reburial process shall be culturally
appropriate. Listing of contents and location of the
reburial shall be included in the confidential Phase IV
report. The Phase IV Report shall be filed with the City
under a confidential cover and not subject to Public
Records Request.
3. If relocation is not agreed upon by the Consulting
Tribes then the resources shall be curated at a
culturally appropriate manner at a Riverside County
curation facility that meets State Resources
Department Office of Historic Preservation Guidelines
for the Curation of Archaeological Resources ensuring
access and use pursuant to the Guidelines. The
collection and associated records shall be transferred,
including title, and are to be accompanied by payment
of the fees necessary for permanent curation.
Evidence of curation in the form of a letter from the
curation facility stating that subject archaeological
materials have been received and that all fees have
been paid, shall be provided by the landowner to the
City. There shall be no destructive or invasive testing
on sacred items, burial goods and Native American
human remains. Results concerning finds of any
inadvertent discoveries shall be included in the Phase
IV monitoring report.
Phase IV Report - A final archaeological report shall be
prepared by the Project archaeologist and submitted to the
Community Development Director or their designee prior to
the issuance of a final grading permit. The report shall follow
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
Kassab Travel Center Project
Mitigation Monitoring and Reporting Program
County of Riverside requirements and shall include at a
minimum: a discussion of the monitoring methods and
techniques used; the results of the monitoring program
including any artifacts recovered; an inventory of any
resources recovered; updated DPR forms for all sites affected
by the development; final disposition of the resources
including GPS data; artifact catalog and any additional
recommendations. A final copy shall be submitted to the City,
Project Applicant, the Eastern Information Center (EIC), and
the Tribe.
Cultural
Resources and
Tribal Cultural
Resources
MM CUL-3: Tribal Monitoring. Prior to the issuance of a grading
permit, the Property Owner/Developer shall contact the
consulting Native American Tribe(s) that have requested
monitoring through consultation with the City during the AB 52
and/or the SB 18 process (“Monitoring Tribes”). The Property
Owner/Developer shall coordinate with the Tribe(s) to develop
individual Tribal Monitoring Agreement(s). A copy of the
signed agreement(s) shall be provided to the City of Lake
Elsinore Planning Department prior to the issuance of a grading
permit. The Agreement shall address the treatment of any
known tribal cultural resources (TCRs) including the Proposed
Project’s approved mitigation measures and conditions of
approval; the designation, responsibilities, and participation of
professional Tribal Monitors during grading, excavation and
ground disturbing activities; project grading and development
scheduling; terms of compensation for the monitors; and
treatment and final disposition of any cultural resources,
sacred sites, and human remains/burial goods discovered on
the site per the Tribe(s) customs and traditions and the City’s
mitigation measures/conditions of approval. The Tribal
Monitor will have the authority to stop and redirect grading in
the immediate area of a find in order to evaluate the find and
Prior to the
Issuance of
Grading Permits
Project
Applicant,
Project
Archaeologist/
Planning Dept.,
Tribal
Monitor(s)
Signed Tribal
Monitoring
Agreements
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
Kassab Travel Center Project
Mitigation Monitoring and Reporting Program
determine the appropriate next steps, in consultation with the
Project archaeologist.
Cultural
Resources and
Tribal Cultural
Resources
MM CUL-4: Phase IV Report. Upon completion of the
implementation phase, a Phase IV Cultural Resources
Monitoring Report shall be submitted that complies with the
Riverside County Planning Department's requirements for such
reports for all ground disturbing activities associated with this
grading permit. The report shall follow the County of Riverside
Planning Department Cultural Resources (Archaeological)
Investigations Standard Scopes of Work posted on the County
website. The report shall include results of any feature
relocation or residue analysis required as well as evidence of
the required cultural sensitivity training for the construction
staff held during the required pre-grade meeting.
Upon
completion of
implementation
phase
Project
Applicant,
Project
Archaeologist/
Planning Dept.,
Phase IV Cultural
Resources
Monitoring Report
Cultural
Resources and
Tribal Cultural
Resources
MM CUL-5: Discovery of Human Remains. If human remains (or
remains that may be human) are discovered at the Project Site
during grading or earthmoving, the construction contractors,
project archaeologist and/or designated Native American
Monitor shall immediately stop all acclivities within 100 feet of
the find. The Property Owner/Developer shall then inform the
Riverside County Coroner and the City of Lake Elsinore
Community Development Department immediately, and the
coroner shall be permitted to examine the remains as required
by California Health and Safety Code Section 7050.5(b). Section
7050.5 requires that excavation be stopped in the vicinity of
discovered human remains until the coroner has made the
necessary findings as to origin. If human remains are
determined to be Native American, the Property
Owner/Developer shall comply with the state law relating to
the disposition of Native American burials that fall within the
jurisdiction of the NAHC (PRC Section 5097). The coroner shall
contact the NAHC within 24 hours and the NAHC would make
the determination of most likely descendant(s). The MLD shall
Ongoing and
During
Construction
Project
Applicant,
Project
Archaeologist/
Planning Dept.,
Tribal
Monitor(s)
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
Kassab Travel Center Project
Mitigation Monitoring and Reporting Program
complete his or her inspection and make recommendation or
preference for treatment within 48 hours of being granted
access to the site. Treatment and disposition of the remains
shall be determined in consultation with the most likely
descendant(s) to determine the most appropriate disposition
of human remains and any associated grave artifacts. In the
event that the Property Owner/Developer and the MLD are in
disagreement regarding the disposition of the remains. State
law would apply and the mediation process would occur with
the NAHC, if requested (see PRC Section 5097.98(e) and
5097.94(k)).
The specific location of Native American burials and reburials
are confidential and may not be disclosed to the general public.
The locations would be documented by the consulting
archaeologist in conjunction with the various stakeholders and
a report of findings would be filed with the Eastern Information
Center. A Sacred Lands File form would be submitted to the
NAHC by the project archaeologist and the Monitoring Tribe(s).
According to the California Health and Safety Code, six or more
human burial at one location constitutes a cemetery (Section
81 00), and disturbance of Native American cemeteries is a
felony (Section 7052).
Geology and
Soils
MM GEO-1: Paleontological Monitoring. If fossil remains are
encountered during site development:
1. All site earthmoving shall be ceased within 50 feet of where
the fossil remains are encountered. Earthmoving activities may
be diverted to other areas of the site.
2. The owner of the property shall be immediately notified of
the fossil discovery who will in turn immediately notify the City
of the discovery.
3. The Property Owner/Developer shall retain a qualified
paleontologist.
Ongoing and
during
Construction
and Ground
Disturbing
Activities
Project
Applicant,
Project
Paleontologist/
Planning Dept.,
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
Kassab Travel Center Project
Mitigation Monitoring and Reporting Program
4. The paleontologist shall determine the significance of the
encountered fossil remains.
5. Paleontological monitoring of earthmoving activities will
continue thereafter on an as-needed basis by the
paleontologist during all earthmoving activities that may
expose sensitive strata. Earthmoving activities in areas of the
project area where previously undisturbed strata would be
buried but not otherwise disturbed will not be monitored. The
supervising paleontologist will have the authority to reduce
monitoring once he/she determines the probability of
encountering any additional fossils has dropped below an
acceptable level.
6. If fossil remains are encountered by earthmoving activities
when the paleontologist is not onsite, these activities would be
diverted around the fossil site and the paleontologist called to
the site immediately to recover the remains.
7. Any recovered fossil remains would be prepared to the point
of identification and identified to the lowest taxonomic level
possible by knowledgeable paleontologists. The remains then
would be curated (assigned and labeled with museum*
repository fossil specimen numbers and corresponding fossil
site numbers, as appropriate; places in specimen trays and, if
necessary, vials with completed specimen data cards) and
catalogued, an associated specimen data and corresponding
geologic and geographic site data would be archived (specimen
and site numbers and corresponding data entered into
appropriate museum repository catalogs and computerized
data bases) at the museum repository by a laboratory
technician. The remains will then be accessioned into the
museum* repository fossil collection, where they would be
permanently stored, maintained, and, along with associated
specimen and site data, made available for future study by
qualified scientific investigators.
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
Kassab Travel Center Project
Mitigation Monitoring and Reporting Program
* The City must be consulted on the repository/museum to
receive the fossil material prior to being curated.
Noise MM NOI-1: Prior to issuance of grading permits, the Property
Owner/Developer shall include a note on the grading and
building plans that no stationary equipment be operated
within 50 feet of the northwest and southwest property lines
and that construction of the proposed sound wall detailed in
MM NOI-2 be completed prior to the start of site preparation
or grading activities.
Prior to Issuance
of Grading
Permits
Ongoing and
during Grading
Activities
Project
Applicant/
Engineering,
Building Dept.
Precise Grading
Plans
Noise MM NOI-2: Prior to the issuance of grading permits, the
Property Owner/Developer shall construct a minimum 8-foot
high masonry wall that is free of cutouts or openings along the
northwest and southwest property lines of the Project Site. The
portions of the walls that are within the setbacks of Riverside
Drive and Collier Avenue shall be limited to 3 feet in height per
the wall height limitations detailed in Sections 17.112.070 and
17.112.090 of the City of Lake Elsinore Municipal Code.
Prior to Issuance
of Grading
Permits
Project
Applicant/
Engineering,
Building Dept.
Precise Grading
Plans, Building
Permit Plans
Noise MM NOI-3: Prior to the issuance of grading permits, the
Property Owner/Developer shall include a note on the grading
and building plans that restricts the operation of the following
equipment within the listed distances from the shared
property lines with the adjacent commercial uses during
construction of the Proposed Project:
• Large Bulldozer - 50 feet from shared property line;
• Loaded Truck (on dirt road) – 43 feet from shared property
line;
• Jackhammer – 23 feet from shared property line; and
• Small Bulldozer – 2.5 feet from shared property line.
Prior to Issuance
of Grading
Permits
Project
Applicant/
Engineering,
Building Dept.
Precise Grading
Plans, Building
Permit Plans
Transportation MM TRAF – 1: Prior to issuance of Certificate of Occupancy, the
Property Owner/Developer shall pay its fair-share to construct
the following improvements:
Intersection #1: I-15 NB Ramps/Nichols Road –The peak hour
Prior to Issuance
of Certificate of
Occupancy
Project
Applicant/
Building,
Engineering
Building Permit
Plans
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
Kassab Travel Center Project
Mitigation Monitoring and Reporting Program
volumes at this intersection would not satisfy the peak hour
signal warrant for the AM peak hour. The following
improvement is needed to mitigate intersection LOS:
o Convert this intersection into an all-way-stop. With
this mitigation, the intersection is forecast to operate
at LOS B during both the AM and PM.
o While delays at the northbound left turn movement
would increase with the implementation of this
measure, the total intersection delay with all-way
stop control is forecast to result in satisfactory LOS
(LOS D or better) which would mitigate the project's
impact. Furthermore, the queuing analysis indicates
that the forecast queue for the northbound left turn
lane would be accommodated within the existing
storage lane.
o The City and Caltrans have recently converted
this intersection to an all-way-stop configuration
consistent with this mitigation measure.
Therefore, the requirement for this mitigation
measure has been satisfied.
Dept.
Transportation MM TRAF – 2: Prior to issuance of Certificate of Occupancy,
the Property Owner/Developer shall construct the following
improvements
• Intersection #3: Collier Avenue/Nichols Road – Although
the peak hour volumes at this intersection would satisfy
the peak hour signal warrant for the PM peak hour, a
signal is not needed to improve LOS back to LOS D or
better. The following improvement would mitigate
intersection LOS without the installation of a traffic signal:
o Convert this intersection into an all-way-stop. With
this mitigation, the intersection is forecast to operate
at LOS D during the AM peak hour and LOS C during
the PM peak hour.
Prior to Issuance
of Certificate of
Occupancy
Project
Applicant/
Building,
Engineering
Dept.
Building Permit
Plans
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
Kassab Travel Center Project
Mitigation Monitoring and Reporting Program
Transportation MM TRAF – 3: Prior to issuance of Certificate of Occupancy,
the Property Owner/Developer shall construct the following
improvements
• Intersection #6: Collier Avenue (SR-74)/Central Avenue (SR-
74) – The following improvement is needed to mitigate
intersection LOS:
o Modify existing traffic signal to accommodate new
improvements.
o Restripe two southbound through lanes to one
southbound through and one southbound through-
left lane. With this mitigation, the intersection is
forecast to operate at LOS D during both the AM and
PM peak hour.
Prior to Issuance
of Certificate of
Occupancy
Project
Applicant/
Building,
Engineering
Dept.
Building Permit
Plans
Transportation MM TRAF – 4: Prior to issuance of Certificate of Occupancy,
the Property Owner/Developer shall pay its fair-share to
construct the following improvements
• Intersection #7: I-15 SB Ramps/Central Avenue (SR-74) –
The following improvement is needed to mitigate intersection
LOS:
o Install a third eastbound through lane and install a
second (dual) southbound left turn lane. With this
mitigation, the intersection is forecast to operate at
LOS C during the AM peak hour.
Prior to Issuance
of Certificate of
Occupancy
Project
Applicant/
Building,
Engineering
Dept.
Building Permit
Plans
Transportation MM TRAF – 5: Prior to issuance of Certificate of Occupancy,
the Property Owner/Developer shall pay its fair-share to
construct the following improvements
• Intersection #9: Dexter Avenue /Central Avenue (SR-74) –
The following improvement is needed to mitigate intersection
LOS:
o Change northbound left turn phasing to protected-
permitted. With this mitigation, the intersection is
forecast to operate at LOS D during the AM peak
hour.
Prior to Issuance
of Certificate of
Occupancy
Project
Applicant/
Building,
Engineering
Dept.
Building Permit
Plans
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4
Kassab Travel Center Project
Mitigation Monitoring and Reporting Program
Transportation MM TRAF – 6: Prior to issuance of Certificate of Occupancy,
the Property Owner/Developer shall pay its fair-share to
construct the following improvements
• Intersection #10: Gunnerson Street-Strickland
Avenue/Riverside Drive (SR-74) –The following improvement
is needed to mitigate intersection LOS:
o Convert this intersection into a signalized intersection
when the traffic volumes would satisfy signal
warrants. With this mitigation, the intersection is
forecast to operate at LOS B during the AM peak hour
and LOS C during the PM peak hour.
Prior to Issuance
of Certificate of
Occupancy
Project
Applicant/
Building,
Engineering
Dept.
Building Permit
Plans
DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4