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Home My WebLink About2022-011 PA 2019-34 (Lake & Mountain Commercial Center) - CEQARESOLUTION NO. 2022-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (ER 2020-03) (SCH NO. 2020080538) FOR PLANNING APPLICATION NO. 2019-34 (TENTATIVE TRACT MAP NO. 37922, CONDITIONAL USE PERMIT NO. 2019- 19, AND COMMERCIAL DESIGN REVIEW NO. 2019-27), ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM Whereas, Danny Singh, Tiger Petroleum, Inc. has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2019-34 (Tentative Tract Map No. 37922, Conditional Use Permit No. CUP 2019-19, and Commercial Design Review No. 2019-27) to develop an approximately 32,695 square foot (SF) commercial retail center on 6.07 acres of land (Project). The Project proposes to subdivide the site into six (6) lots ranging in size from 0.66 acres to 1.10 acres. The remaining 0.44-acre portion of the site will be dedicated for road right- of-way purposes. The Project also proposes to construct a 3,400 SF convenience store with an attached 1,525 SF Quick-Serve Restaurant, 4,089 SF gas fueling canopy, a 3,150 SF express car wash, two (2) 4,850 SF retail buildings, a 3,320 SF drive-thru restaurant with an attached 1,600 SF retail building, and a 2,520 SF drive-thru restaurant with an attached 2,400 SF retail building with 170 parking spaces, landscaping, and related site improvements. The Project is located at the northwest corner of Mountain Street and Lake Street (APNs: 389-030-012, 013, 014, 015, 016, 017, and 018); and, Whereas, the City has prepared an Environmental Impact Report (EIR) (SCH No. 2020080538) on the Project pursuant to the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.: “CEQA”), the State Guidelines for Implementation of the California Environmental Quality Act (California Code of Regulations, Sections 15000 et seq.: the “State CEQA Guidelines”), and the City’s Procedures for Implementing the State CEQA Guidelines and its other procedures relating to environmental evaluation of public and private projects; and, Whereas, the City transmitted for filing a Notice of Preparation of a Draft EIR (DEIR) on August 28, 2020 in accordance with the CEQA Guidelines, for distribution to those agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and sought the comments of such persons and agencies; and, Whereas, pursuant to CEQA Guidelines, Section 15082(c)(1), on September 17, 2020, the City held a duly noticed scoping meeting in order to facilitate consultation regarding the scope and content of the environmental information in the Draft EIR; and, Whereas, the City transmitted for filing a Notice of Availability/Notice of Completion of the DEIR and in accordance with the State CEQA Guidelines forwarded the DEIR to the State Clearinghouse, for distribution to those agencies which have jurisdiction by law with respect to the Project, and to other interested persons and agencies, and sought the comments of such persons and agencies; and, Whereas, the State Clearinghouse posted the DEIR for a 45-day public comment period which ran from July 2, 2021 to August 16, 2021; and, DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 CC Reso No. 2022-11 Page 2 of 3 Whereas, notice to all interested persons and agencies inviting comments on the DEIR was published in accordance with the provisions of CEQA and the State CEQA Guidelines and the Lake Elsinore Municipal Code and posted at the Office of the County Clerk of Riverside County on July 2, 2021. A total of 25 comment letters and e-mails were received during the 45-day public comment period. Reponses to comments were prepared and have been provided in Chapter 3 (Response to Comments) of the Final EIR document. There were no public comments or changes to the text or analysis contained in the DEIR that resulted in the identification of any new significant environmental effect or a substantial increase in the severity of environmental effects that were disclosed in the DEIR. Therefore, in accordance with Section 15088.5 of the CEQA Guidelines a recirculation of the DEIR is not warranted; and, Whereas, all actions required to be taken by applicable law related to the preparation, circulation, and review of the DEIR have been taken; and, Whereas, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) for certifying environmental impact reports, and, Whereas, the DEIR was sent to the Commission members on or about July 2, 2021, and was considered by the Commission on December 21, 2021 at a duly noticed Public Hearing where the Commission considered evidence presented by the Community Development Department and other interested parties on the adequacy of the DEIR and by resolution recommended that the City Council certify the EIR for the Project; and, Whereas, the City has prepared a Final EIR (FEIR) that contains responses to the comments that were received regarding the DEIR; the DEIR and the FEIR are collectively referred to hereinafter in the singular as “EIR”; and, Whereas, on January 25, 2022, 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 AS FOLLOWS: Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference. Section 2: The Council has considered and evaluated all written and oral staff reports and comments received from persons who have reviewed the DEIR, the comments submitted on the DEIR; the responses to those comments, the public testimony, and such other matters as are reflected in the record of the public hearing on the Project and the EIR. Section 3: The Council finds that the EIR for the Project is adequate and has been completed in compliance with CEQA, the State CEQA Guidelines, and local procedures adopted by the City pursuant thereto. The Council has reviewed and considered the information contained in the EIR and finds that the EIR represents the independent judgment of the City. Section 4: The Council hereby makes, adopts, and incorporates herein as its “findings of fact” regarding the potential environmental impacts of the Project, the analysis and conclusions set forth in the EIR (including, without limitation, the mitigation measures therein set forth) and in DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 CC Reso No. 2022-11 Page 3 of 3 the Environmental Findings Regarding the Environmental Impact Report prepared for the proposed Planning Application No. 2019-34 (Tentative Tract Map No. 37922, Conditional Use Permit No. CUP 2019-19, and Commercial Design Review No. 2019-27) (SCH No. 2020080538), attached hereto as Exhibit “A1”. Section 5: A Mitigation Monitoring and Reporting Program (MMRP) for the Project has been prepared in accordance with Section 21081.6 of CEQA, and the City Council hereby adopts the MMRP, which is attached hereto as Exhibit “A2.” Section 6: Based upon all of the evidence presented and the above findings, the Council certifies the EIR for the Project with Errata and Responses to Comments, the Findings of Fact, and the Mitigation Monitoring and Reporting Program. Section 7: This Resolution shall take effect immediately upon its adoption. Section 8: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 25th day of January 2022. Timothy J. Sheridan 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. 2022-11 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of January 25, 2022 and that the same was adopted by the following vote: AYES: Council Member Manos; Mayor Pro Tem Johnson; and Mayor Sheridan NOES: Council Member Magee ABSENT: None ABSTAIN: Council Member Tisdale Candice Alvarez, MMC City Clerk DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 Environmental Findings Regarding the Environmental Impact Report for the Lake and Mountain Commercial Center Project City of Lake Elsinore, California Planning Application No. 2019-34 Tentative Tract Map No. 37922 Conditional Use Permit No. 2019-19 Commercial Design Review No. 2019-27 SCH # 2020080538 Lead Agency City of Lake Elsinore Planning Division 130 South Main Street Lake Elsinore, CA 92530 CEQA Consultant The Altum Group 72140 Magnesia Falls Drive, Suite 1 Rancho Mirage, CA 92270 Project Applicant Tiger Petroleum, Inc. 3017 E. Edinger Avenue Tustin, CA 92780 January 11, 2022 DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT TABLE OF CONTENTS Section Name and Number Page Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page i 1 Background and Introduction ............................................................................................................ 2 1.1 Project Overview ....................................................................................................................... 2 1.2 Public Involvement and EIR Scoping ....................................................................................... 2 1.3 Final EIR Certification and Project Approval Process .............................................................. 3 1.3.1 Findings Required under CEQA ................................................................................... 3 1.3.2 Significant Effects and Mitigation Measures ................................................................ 3 1.3.3 Mitigation Monitoring Program ................................................................................... 4 1.3.4 Certification of the Final EIR and Adoption of Findings ............................................. 4 1.3.5 No Recirculation Required ........................................................................................... 4 2 Project Description .............................................................................................................................. 4 2.1 Project Location ........................................................................................................................ 4 2.2 Project Description .................................................................................................................... 5 2.3 Project Objectives ..................................................................................................................... 5 3 General Findings on Mitigation Measures ........................................................................................ 6 3.1 Finding ...................................................................................................................................... 6 4 Environmental Findings ...................................................................................................................... 6 4.1 Areas Determined to Have No Significant Impact .................................................................... 7 4.1.1 Agriculture and Forestry Resources ............................................................................. 7 4.1.2 Mineral Resources ........................................................................................................ 7 4.1.3 Population and Housing ............................................................................................... 7 4.1.4 Recreation ..................................................................................................................... 8 4.2 Findings Regarding Less-than-Significant Impacts Identified in the EIR ................................ 8 4.2.1 Aesthetics ...................................................................................................................... 9 4.2.2 Air Quality .................................................................................................................. 12 4.2.3 Biological Resources .................................................................................................. 16 4.2.4 Energy ......................................................................................................................... 17 4.2.5 Geology and Soils ....................................................................................................... 18 4.2.6 Greenhouse Gas Emissions ........................................................................................ 21 4.2.7 Hazards and Hazardous Materials ............................................................................. 24 4.2.8 Hydrology and Water Quality .................................................................................... 27 DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT TABLE OF CONTENTS Section Name and Number Page Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page ii 4.2.9 Land Use and Planning .............................................................................................. 30 4.2.10 Noise ........................................................................................................................... 30 4.2.11 Public Services ............................................................................................................ 32 4.2.12 Transportation and Traffic ......................................................................................... 34 4.2.13 Utilities and Service Systems ...................................................................................... 41 4.3 Findings Regarding Environmental Impacts Which Can Be Mitigated to Level of Less- than-Significant ....................................................................................................................... 44 4.3.1 Biological Resources .................................................................................................. 44 4.3.2 Cultural Resources ..................................................................................................... 54 4.3.3 Geology and Soils ....................................................................................................... 59 4.3.4 Noise ........................................................................................................................... 60 4.3.5 Transportation and Traffic ......................................................................................... 62 4.4 Findings Regarding Alternatives to the Project ...................................................................... 64 4.4.1 Project Objectives ....................................................................................................... 65 4.4.2 Impacts of the Proposed Project ................................................................................. 65 4.4.3 Alternatives Considered and Rejected ........................................................................ 66 4.4.4 Alternatives under Consideration ............................................................................... 66 4.4.5 No Project Alternative – Impact Evaluation............................................................... 67 4.4.6 Alternative 1: Alternative Site Plan ............................................................................ 72 5 Certification of the Final EIR ........................................................................................................... 81 5.1 Findings and Conclusions ....................................................................................................... 81 6 Adoption of Mitigation and Monitoring Reporting Program (MMRP) ....................................... 81 7 Approval of the Project ..................................................................................................................... 82 8 Location and Custodian of Record .................................................................................................. 82 DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 2 1 BACKGROUND AND INTRODUCTION 1.1 PROJECT OVERVIEW The City of Lake Elsinore (City) has completed an Environmental Impact Report (EIR) (State Clearinghouse Number 2020080538) for the proposed Lake and Mountain Commercial Center Project and associated applications (hereafter, the “Project” or “proposed Project”). The City is the Lead Agency for the purposes of preparing and certifying this EIR pursuant to §§ 15050 and 15367 of the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The purpose of this EIR is to evaluate the potential environmental impacts of the proposed Lake and Mountain Commercial Center Project, which consists of applications for a Tentative Tract Map (TTM No. 37992), a Conditional Use Permit (CUP No. 2019-19), and a Commercial Design Review (CDR No. 2019-27), all of which were processed under Planning Application 2019-34. In compliance with § 21002.1 of the CEQA statute and § 15002 of the State CEQA Guidelines, the City, as Lead Agency, has prepared and EIR in order to (1) provide information the general public, the local community, responsible and interested public agencies and the City’s decision-making bodies and other organizations, entities, and interested persons of the potential environmental effects of the proposed Project, feasible measures to reduce potentially significant environmental effects, and alternatives that could reduce or avoid the significant effects of the proposed project, (2) enable the City to consider environmental consequences when deciding whether to approve the proposed project, and (3) to satisfy the substantive and procedural requirements of CEQA. 1.2 PUBLIC INVOLVEMENT AND EIR SCOPING This document complies with the provisions of CEQA (California Public Resources Code, §§ 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, § 15000 et seq.) and the City’s Procedures for Implementing the State CEQA Guidelines. In compliance with CEQA, the City has solicited and considered comments from Responsible and Trustee Agencies, members of the public, and other interested parties during the proposed Project’s various environmental review processes: • In accordance with CEQA Guidelines § 15082, the City prepared and distributed a Notice of Preparation (NOP) of an EIR. The NOP was distributed on August 28, 2020. • In accordance with CEQA Guidelines § 15082(c), a public Scoping Meeting was held at the City of Lake Elsinore Cultural Arts Center on September 17, 2020. • Comments received from the public and agencies during the public review period for the NOP and during the public Scoping Meeting were considered in the preparation of the EIR prepared for the proposed Project. In July 2021, a DEIR was prepared for the proposed Project in accordance with CEQA regulations and guidelines. The DEIR was circulated for a 45-day public review period on July 2, 2021. Notification was provided to the State Clearinghouse (SCH), Responsible and Trustee agencies, and all interested parties and DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 3 jurisdictions pursuant to the requirements of § 15087 of the State CEQA Guidelines. A total of 25 comments were received by the City during this 45-day review period. These comments were evaluated and responded to comment letters in accordance with § 15088 of the State CEQA Guidelines. 1.3 FINAL EIR CERTIFICATION AND PROJECT APPROVAL PROCESS 1.3.1 FINDINGS REQUIRED UNDER CEQA The City Council (the decision-making body) of the City of Lake Elsinore (CEQA Lead Agency) certifies the Final EIR. The Final EIR, as required by State CEQA Guidelines §§ 15089 and 15132, consists of the Draft EIR (“DEIR”); comments and recommendations received on the DEIR; the responses of the City as “Lead Agency” to significant environmental points raised in the review, comments, and recommendations received on the DEIR; the list of persons, organizations, and public agencies that commented on the DEIR; and any other information added by the City. Since the DEIR identified potentially significant environmental impacts, the City Council must also prepare “findings” as part of its action to certify that the Final EIR has been completed in compliance with CEQA and to approve the proposed Project. Pursuant to Public Resources Code § 21081 and State CEQA Guidelines § 15091, no public agency shall approve or carry out a project for which an environmental impact report has been certified, which identifies one or more significant effects on the environment that would occur if the project is approved or carried out, unless the public agency makes one or more findings for each of those significant effects, accompanied by brief explanation of the rationale of each finding. The possible findings, which must be supported by substantial evidence in the record, are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by other such agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the EIR. 1.3.2 SIGNIFICANT EFFECTS AND MITIGATION MEASURES The DEIR identified several significant environmental effects (or “impacts”) resulting from implementation of the proposed Project. These significant effects can be fully avoided/mitigated through the adoption of feasible mitigation measures. As indicated in DEIR Chapter 4, Environmental Impact Analysis, the proposed project would not result in significant adverse environmental effects that cannot be mitigated to below levels of significance after the implementation of project design features, mandatory regulatory requirements, and feasible mitigation measures. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 4 1.3.3 MITIGATION MONITORING PROGRAM A Mitigation Monitoring and Reporting Program (MMRP) has been prepared to monitor and report the implementation of the mitigation measures identified for the proposed Project. The MMRP will be adopted by the City Council concurrently with these findings, and will be implemented by the City during the proposed Project’s implementation phase. To the extent that these findings conclude that all mitigation measures outlined in the DEIR are feasible and have not been modified, superseded, or withdrawn, the City hereby binds itself to implement these measures. These findings, in other words, are not merely informational, but rather constitute a binding set of obligations that will come into effect if the City Council formally approves the proposed Project. 1.3.4 CERTIFICATION OF THE FINAL EIR AND ADOPTION OF FINDINGS The Lake Elsinore City Council will review and consider the information contained in the Final EIR, as well as submissions from public officials, public agencies, and the general public. Prior to considering Project approval, the City Council shall certify that the Final EIR reflects the City’s independent judgment and analysis. Having considered the foregoing information, as well as any and all other information in the record, the City Council shall make findings pursuant to CEQA § 21081 and CEQA Guidelines § 15091. In accordance with the provisions of CEQA and the State CEQA Guidelines, the City Council shall adopt the Findings as part of its certification of the Final EIR for the proposed Project. 1.3.5 NO RECIRCULATION REQUIRED The City Council finds that none of the circumstances that trigger the requirement for recirculation of the EIR under CEQA Guidelines § 15088.5 have occurred. Specifically, there was no significant new information (as defined in CEQA Guideline § 15088.5(a)) added to the EIR after the public review period. There were no new significant environmental impacts identified following public review of the DEIR, nor was there a substantial increase in the severity of any of the Project’s environmental impacts. There were no feasible alternatives to the Project identified in comments received in response to the DEIR’s public review period, and the Final EIR incorporates feasible mitigation measures recommended by Responsible Agencies as part of comments on the DEIR in order to further reduce the Project’s significant environmental effects. Additionally, the City Council finds that the DEIR was fundamentally and basically adequate, and all findings reached in the DEIR were based on substantial evidence. As such, the City Council finds that recirculation of the DEIR for an additional 45-day public review period is unwarranted. 2 PROJECT DESCRIPTION 2.1 PROJECT LOCATION The proposed project is located in the northwestern portion of the City of Lake Elsinore (City), in Riverside County, California. The project site is located at the northwest corner of Mountain Street and Lake Street. The project site is surrounded by several roadways including Mountain Street to the south and Lake Street to the east directly adjacent to the project site. Other streets within close proximity to the project site include Raveta Lane to the west and Running Deer Road to the north. Adjacent to the project site to the east and south are DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 5 single-family residential homes. To the north and west of the project site are residential homes. The project site consists of seven (7) parcels that are currently vacant, with the exception of a residential building located to the west fronting Lake Street. The corresponding Assessor’s Parcel Numbers (APNs) for the project site are 389-030-012, 389-030-013, 389-030-014, 389-030-015, 389-030-016, 389-030-017, and 389-030-018 that total approximately 6.07 acres (existing lot size). 2.2 PROJECT DESCRIPTION The proposed project would consist of a commercial/retail center that includes retail buildings, drive-thru restaurants, a quick-serve restaurant, a convenience store, express car wash, and gas station land uses on a total of 6.07 acres (5.63 acres after right-of-way dedication). The project site is designated General Commercial by the City of Lake Elsinore General Plan and is zoned C-2 (General Commercial). The proposed project would not change the existing zoning nor the land use designation. The total building area for the proposed project will consist of approximately 32,695 square feet (SF) of commercial and retail uses that also includes a gas station. The proposed project would encompass 32,695 SF of commercial retail development on approximately 6.07 acres of land (5.63 acres after right-of-way dedication). The Project will consist of a 3,400 SF convenience store with an attached 1,525 SF Quick-Serve Restaurant (QSR), 4,089 SF gas fueling canopy, a 3,150 SF express car wash, two (2) 4,850 SF retail buildings, a 3,320 SF drive-through restaurant with an attached 1,600 SF retail building, and a 2,520 SF drive-through restaurant with an attached 2,400 SF retail building. The project site would provide a vehicle ingress/egress driveway along Mountain Street. Also, the project site would provide two (2) additional ingress/egress driveways along Lake Street. These three (3) ingress/egress driveways to the proposed project are proposed to be full-access. Parking is accommodated throughout the project site with approximately 170 parking stalls including 11 American’s with Disabilities Act (ADA), 20 vacuum stalls, and bicycle racks. Landscaping features will be incorporated along the boundary of the project site and in the interior of the site. The proposed project would incorporate trees and landscaping along the perimeter of the project site as well within the project site. The trees will provide shade to the proposed parking stalls and the rest of the project site. The site has also been designed with a biofiltration system designed to retain and treat a designated volume stormwater runoff that is located on the northern portion of the project site. 2.3 PROJECT OBJECTIVES CEQA Guidelines § 15124 requires an EIR to include a statement of objectives sought by the Project Applicant. The objectives assist in developing the range of proposed Project alternatives to be evaluated in the EIR. The underlying purposes of the proposed Project are to develop a commercial/retail center, as well as to comply to the greatest feasible extent with applicable City of Lake Elsinore standards, codes, and policies. The following is a list of specific objectives that the proposed project intends to achieve. A. Develop a new commercial and retail center along an Arterial street and within close proximity to other major roadways in a location that will serve the local community within the City of Lake Elsinore. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 6 B. Develop a project site of roughly 5 to 8 acres for commercial/retail uses, on a site where proposed development would be consistent with the existing General Plan land use and zoning designation, and in a manner that will fully utilize its development potential. C. Develop a new retail and commercial center, which will serve the local community. D. Develop a project that will provide local employment opportunities and that will provide economic benefits to the community and City. E. Develop a new commercial/retail center with sustainable project features that reduces project impacts on the environment. 3 GENERAL FINDINGS ON MITIGATION MEASURES In preparing the Conditions of Approval for this Project, City staff incorporated the mitigation measures recommended in the DEIR as applicable to the Project. In the event that the Conditions of Approval do not use the exact wording of the mitigation measures recommended in the EIR, in each such instance, the adopted Conditions of Approval are intended to be identical or substantially similar to the recommended mitigation measures. Any minor revisions are to improve clarity or to better define the intended purpose of the mitigation and are not designed to substantively alter the purpose of such mitigation. 3.1 FINDING Unless specifically stated to the contrary in these Findings, it is the City’s intent to adopt all mitigation measures recommended by the DEIR which are applicable to the Project. If a measure has, through error, been omitted from the Conditions of Approval or from these Findings, and that measure is not specifically reflected in these Findings, that measure shall be deemed to be adopted pursuant to this paragraph. In addition, unless specifically stated to the contrary in these Findings, all Conditions of Approval repeating or rewording mitigation measures recommended in the DEIR are intended to be substantially similar to the mitigation measures recommended in the DEIR and are found to be equally effective in avoiding or lessening the identified environmental impact. In each instance, the Conditions of Approval contain the final wording for the mitigation measures. 4 ENVIRONMENTAL FINDINGS This Subsection discloses the Project’s potential impacts to the environment. Subsection 4.1 summarizes those issues that were identified either by the Project’s Initial Study/Notice of Preparation (IS/NOP) or DEIR to result in no impacts to the environment. Subsection 4.2 summarizes those issue areas that were determined to be less than significant as part of the DEIR. Subsection 4.3 identifies those impacts which were determined by the DEIR to be potentially significant, but for which mitigation measures have been identified and imposed on the proposed Project to reduce impacts to below a level of significance. Where the discussion below cites a reference source, please refer to Subsection 8.0 of the DEIR, which identifies the reference materials and where the reference materials may be available for public review, if not available at the City of Lake Elsinore. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 7 4.1 AREAS DETERMINED TO HAVE NO SIGNIFICANT IMPACT The City of Lake Elsinore has determined through the Initial Study (IS) process that the proposed project has the potential to cause or result in significant environmental impacts, and warranted further analysis, public review, and disclosure through the preparation of an EIR. The IS and associated EIR Notice of Preparation (NOP), dated August 2020, were forwarded to the California Office of Planning and Research, State Clearinghouse (SCH), and circulated for public review and comment. The State Clearinghouse established the public comment period for the IS/NOP as August 28, 2020 through September 28, 2020. The assigned State Clearinghouse reference for the Project is SCH No. 2020080538. The following discussion is a summary of environmental impacts that were determined in the IS/NOP and public review processes to present no potentially significant impacts. The Project’s DEIR also incorporated analyses of certain issue areas that were identified as potentially significant in the IS/NOP, but which were determined to result in no impacts as part of the analysis contained in the DEIR. The following discussion summarizes the environmental impacts that were determined in the IS/NOP, DEIR, and public review processes to pose no potentially significant impacts. 4.1.1 AGRICULTURE AND FORESTRY RESOURCES According to the California Department of Conservation (CDOC), the project site is not designated Prime Farmland, Unique Farmland or Farmland of Statewide Importance. In addition, the project site is not under a Williamson Contract. According to the City’s General Plan, the project site is not designated for timberland or timberland production. The development of the proposed project would not result in the loss of forest land or the conversion of forest land to non-forest use. Furthermore, the project site land use and zoning has been designated as C-2 (General Commercial) which allows for the development of commercial centers. Land adjacent to the project site is designated as Urban and Built-Up Land and is zoned for single-family residential development. Therefore, there would be no impact to agriculture and forestry resources from the development of the proposed project. 4.1.2 MINERAL RESOURCES According to the City of Lake Elsinore General Plan EIR, the project site is located within the Mineral Resources Zone (MRZ) 3, which is defined as an area containing known or interred mineral occurrences of undetermined mineral resources significance. Additionally, there are no active mines located on the project site. There are no known locally-important mineral resource recovery sites as delineated by the City’s General Plan, or any other relevant land use plan for the project area. Therefore, the proposed project is not expected to cause adverse effects to any known mineral resources. Therefore, the proposed project would result in a less than significant impact. 4.1.3 POPULATION AND HOUSING The proposed project does not include the construction of new residential development that would directly contribute to population growth in the City. The proposed project would consist of a commercial/retail development that would service customers within the project vicinity. The project site is currently located in DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 8 an area of the City that has existing roads, which include Mountain Street and Lake Street. The project is not proposing the extension of roads. In addition, the project site has been planned and zoned for general commercial development and would be serviced by existing water and sewer, telephone, electricity, and gas lines. The project would not include the extension of City infrastructure that could spur indirect growth that could induce substantial population growth. Therefore, the project would have a less than significant impact. The proposed project would not result in the displacement of people or housing, since the proposed project is currently vacant and zoned for general commercial development. There is currently no housing developments on the project site and the construction of the project would not displace existing housing developments or require construction of new housing elsewhere. The proposed project is for commercial/retail that would temporarily bring people in and not permanently or for extended periods of time. Therefore, the project would have no impact with respect to these issues. 4.1.4 RECREATION The proposed project would consist of a commercial development and does not propose the construction of new residential development that would result in the increase use of existing neighborhood and regional parks and other recreations facilities. In addition, the proposed project employment is anticipated to be filled by existing residents or neighboring communities. In addition, the use of neighborhood and regional parks by employees would be limited to their breaks. Therefore, the potential for the proposed project to result in increased demands on neighborhood or regional parks or other recreational facilities would be less than significant. As is consistent with all commercial projects, the proposed retail center project would be required to pay park fees to the City for the purpose of establishing, improving and maintaining park land within the City. Overall, construction and operation of the proposed project would not result in the increase in use of park facilities that would be substantial, such that new or physically altered park facilities would be needed. Therefore, project impacts related to parks are less than significant. As stated in Section XVI (a) of DEIR, the proposed project would consist of a commercial/retail development that does not include the development of recreational facilities or require the construction or expansion of recreation facilities. The construction and operation of the proposed project are not anticipated to negatively impact the surrounding recreational facilities. Furthermore, the development of the proposed project would not cause any additional environmental impacts beyond what is analyzed for the project within this document. Therefore, the proposed project would have a less than significant impact. 4.2 FINDINGS REGARDING LESS-THAN-SIGNIFICANT IMPACTS IDENTIFIED IN THE EIR The DEIR completed in July 2021 found that the proposed Project would have a less-than-significant impact without the imposition of mitigation on a number of environmental topic areas. The less-than-significant environmental impact determination was made for each of the following topic areas listed below, based on the more expansive discussions contained in the DEIR. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 9 4.2.1 AESTHETICS 4.2.1.1 Scenic Vista Impacts No unique or scenic vistas would be impacted by the Project. The Project site does not contain any scenic vistas, nor does it offer unique views of any visually prominent features; therefore, impacts to scenic vistas resulting from the Project would be less than significant. 4.2.1.1.1 Mitigation No mitigation measures are required. 4.2.1.1.2 Finding/Facts in Support of the Finding Based upon the analysis presented in the DEIR and considering the information contained in the Record of Proceedings for the Project, the City Council hereby finds that impacts upon scenic resources would be less than significant. The project site, located approximately 3.0 miles southwest of Lake Elsinore, and no views of Lake Elsinore are possible from the project site or the adjacent roadways; therefore, implementation of the proposed project would not impact a viewshed or vantage point as defined and identified in the City’s General Plan. Additionally, the proposed project is proposing the development of a commercial center which is consistent with the current landscape viewshed identified by the City’s General Plan. The Santa Ana Mountains are located approximately 1 mile to the west and southwest and are visible from the project site. The proposed project would remain consistent with the City’s General Plan and zoning requirements regarding building form and character. The project site is currently vacant with the exception of a single-family residential home to the north. As shown in Exhibit 3-9, Proposed Building Elevations, the tallest building proposed would reach a height of 30 ft.; therefore, the proposed project would be consistent with the City’s Zoning Code 17.124.070 and will not exceed the maximum allowable height of 45 feet. The proposed building heights are not of a scale that would obstruct views of the natural landforms, which rise to high elevations, from existing off-site viewing locations. Thus, the proposed project would result in less than significant impacts due to an adverse effect on views of distant mountains. Accordingly, and based on the foregoing analysis, the Project would not have a substantial adverse effect on a scenic vista, and impacts would be less than significant. Reference: DEIR Subsections 4.1.5 4.2.1.2 Scenic Resources within a State Scenic Highway Impacts The DEIR concluded that the Project has no potential to damage scenic resources within a scenic highway corridor, because the property is not visible from a designated scenic highway corridor. Impacts would be less than significant. 4.2.1.2.1 Mitigation No mitigation measures are required. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 10 4.2.1.2.2 Finding/Facts in Support of Finding According to the California Department of Transportation (Caltrans), there are no designated State Scenic Highways within the City of Lake Elsinore. However, SR-74 (Central Avenue) and I-15, which are located approximately 2.0 miles to the southeast and 3 miles east, are eligible for designation as a State Scenic Highway but are not officially designated. Both SR-74 and I-15 are not visible from the project site due to the terrain and the surrounding development surrounding the project site. In addition, the project site is located in an area that is mostly developed with residential homes and does not include any unique trees, rock outcroppings, other natural features. Furthermore, the one residence within the project site have been evaluated for listing in the California Register of Historic Resources (CRHR). The other residence that was previously evaluated was demolished in 2004. Both were determined to not be eligible for listing in the CRHR as stated in the Phase 1 Cultural Resources Survey Report. Based on the foregoing, the proposed Project would not have a substantial adverse effect on scenic resources visible from a state scenic highway, and impacts would be less than significant. Reference: DEIR Subsections 4.1.5 4.2.1.3 Visual Character or Quality of the Site Impacts The Project would not substantially degrade the existing visual character or quality of the site or its surrounding areas. The Project proposes a commercial development that would be similar in character and quality to development in the surrounding areas to the east, west, and south of the Project site. 4.2.1.3.1 Mitigation No mitigation measures are required. 4.2.1.3.2 Finding/Facts in Support of the Finding Currently the project site is undeveloped and vacant land with the exception of a residential home located within the northwestern area of the project site. The project site currently consists of sparse vegetation and existing trees. The surrounding land consist of residential vacant lots and existing residential homes. The project site is currently zoned as General Commercial (C-2), which allows for development of the project site as proposed. According to mapping information from the Southern California Association of Governments (SCAG), which is based on U.S. Census data for urbanized areas, the Project site is located within an urbanized area (SCAG, 2018). The project site is not located in an identified vantage point and would not impact views of the Santa Ana Mountains. Further, the proposed project would not impact scenic resources within a state scenic highway. The proposed project has been designed in compliance with the development standards for the General Commercial zone (C-2), Chapter 17.124 of the Lake Elsinore Municipal Code (LEMC). As part of the Commercial Design Review application, the Project Applicant would submit for approval plans identifying specific design elements of the proposed development, such as building elevations, floor plans, landscaping plans, etc. Implementation of the proposed project would result in development consistent with the existing General Commercial (GC) Land Use Designation and the C-2 zoning designation. Accordingly, DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 11 impacts due to the degradation of the existing visual character or quality of the Project site and its surroundings would be less than significant. Reference: DEIR Subsections 4.1.5. 4.2.1.4 Light and Glare Impacts The Project would not create substantial amounts of light or glare. Compliance with the City of Lake Elsinore Municipal Code Title 17, including § 17.112.040, and Chapters 17.16, 17.20, 17.36, and 17.40 would ensure less-than-significant impacts associated with light and glare affecting day or nighttime views in the area. 4.2.1.4.1 Mitigation No mitigation measures are required beyond mandatory compliance with the City’s Municipal Code. 4.2.1.4.2 Finding/Facts in Support of the Finding Implementation of the proposed project would include exterior lighting elements. All proposed buildings would incorporate wall mounted lighting that would assist with visibility in the interior of the project site. In addition, for security purposes, exterior wall mounted lighting will be installed at all entry point of each building as well as entrance to the project site along Mountain Street and Lake Street. Development of the proposed Project would be subject to the lighting provisions of the LEMC Sections 17.112.040 & 17.148.40, which would reduce Project lighting impacts to less-than-significant levels. The Project would use low sodium lighting onsite in mandatory compliance with LEMC Section 17.112.040. The Project site is located within a 45-mile radius of the Mt. Palomar Observatory (Zone B) (Riverside County, 2015). The 45-mile radius surrounding the Mt. Palomar Observatory is defined by Riverside County Ordinance No. 655 as an area in which light pollution may impact the functionality of the observatory. Any development project within a 45-mile radius of the observatory that would add artificial light sources, has the potential to contribute to sky glow effects, which could adversely affect operations at the observatory. Development on the project site would be regulated by Section 17.112.040 of the LEMC, which identify lighting requirements for outdoor lighting for residential and commercial developments and parking lots to minimize potential adverse effects on observations at the Mt. Palomar Observatory. Mandatory compliance with applicable City lighting standards would reduce potential impacts regarding lighting and the Palomar Observatory to a less than significant level. Implementation of the proposed project would not result in substantial impacts regarding glare because the project does not propose additional sources of glare such as highly reflective surfaces or buildings with reflective glass. Thus, the Project would have a less-than-significant impact regarding the creation of glare. Based on the foregoing analysis, the proposed project would result in a less than significant impact associated with light and glare. Reference: DEIR Subsections 4.1.5. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 12 4.2.2 AIR QUALITY 4.2.2.1 Air Quality Plan The proposed project would not result in or cause NAAQS or CAAQS violations. The proposed project’s proposed land use designation for the subject site is permitted/conditionally permitted in the adopted City General Plan. The proposed project is therefore consistent with the AQMP and would result in less than significant impact and no mitigation is required. 1. Mitigation No mitigation measures are required. 4.2.2.1.1 Finding/Facts in Support of the Finding The proposed project is located in the South Coast Air Basin (SCAB) within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD is responsible for bringing air quality in areas under its jurisdiction into conformity with federal and state air quality standards. The 2016 AQMP demonstrates that the applicable ambient air quality standards can be achieved within the timeframes required under federal law. Growth projections from local general plans adopted by cities in the district are provided to the SCAG, which develops regional growth forecasts, which are then used to develop future air quality forecasts for the AQMP. Development consistent with the growth projections in the City of Lake Elsinore General Plan is considered to be consistent with the AQMP. Peak day emissions generated by construction activities are largely independent of land use assignments, but rather are a function of development scope and maximum area of disturbance. Irrespective of the site’s land use designation, development of the site to its maximum potential would likely occur, with disturbance of the entire site occurring during construction activities. The Project site is consistent with the General Commercial land use and C-2 Commercial zoning designation. Therefore, the project is considered to be consistent with the underlying land use designations for the subject site as programmed into the AQMP. Based on the foregoing analysis, implementation of the proposed project would not conflict with the SCAQMD AQMP. Reference: DEIR Subsection 4.2.5. 4.2.2.2 Criteria Pollutant Implementation of the proposed project would not result in a cumulatively considerable net increase of any criteria pollutant and impacts would be less than significant. 1. Mitigation No mitigation measures are required. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 13 4.2.2.2.1 Finding/Facts in Support of the Finding The construction and operation of the proposed project would generate regional emissions of criteria air pollutants. Construction and operational related pollutants would be generated by the proposed project. Construction activities with the project would result in emissions of volatile organic compounds (VOC), nitrogen oxides (NOx), sulfur dioxide (SO2), carbon monoxide (CO), particulate matter with a diameter of 10 microns or less (PM10), and particulate matter less than 2.5 microns (PM 2.5). Construction related emissions are expected from the construction activities such as site preparation, grading, building construction, paving, and architectural coating. Operation activities associated with the proposed project would result in emissions of VOCs, NOx, SOx, CO, PM10, and PM2.5. Operation emissions would be expected to be contributed from area source emissions, energy source emissions, mobile source emissions, and gasoline dispensing emission. Construction and operation-source emissions of air pollutants resulting from the proposed project may contribute to existing and projected exceedances of criteria pollutants within the Basin. As such, an Air Quality Impact Analysis has been prepared and evaluated whether the proposed project’s emissions would result in a cumulatively considerable net increase in any criteria pollutant for which the SCAB is in non-attainment. SCAQMD Rules applicable during construction activity for the proposed project include but are not limited to Rule 1113 (Architectural Coatings and Rule 403 (Fugitive Dust). Based on the assumed scenarios, emission resulting from the project construction would not exceed criteria pollutant thresholds that are established by the SCAQMD for emissions of any criteria pollutant. Table 4.2-7 – Overall Construction Emissions Summary of the DEIR, summarizes the estimated daily construction emissions without mitigation. Therefore, a less than significant impact would occur and no mitigation is required. Table 4.2-8 – Summary of Operational Emissions of the DEIR below shows a summary of the daily regional emissions from on-going operations of the proposed project. With respects to regional impacts and the information presented above, the proposed project would result in less than significant impacts for both the construction and operation phases and no mitigation is required. Based on the foregoing analysis, implementation of the proposed project would not result in a cumulatively considerable net increase of any criteria pollutant and impacts would be less than significant. Reference: DEIR Subsections 4.2.5. 4.2.2.3 Sensitive Receptors Implementation of the proposed project would not result in the exposure of sensitive receptors to substantial pollutant concentrations and impacts would be less than significant. 4.2.2.3.1 Mitigation No mitigation measures are required. 4.2.2.3.2 Finding/Facts in Support of the Finding Emissions resulting from the gasoline service station have the potential to result in toxic air contaminants (TACs) (e.g., benzene, hexane, MTBE, toluene, xylene) and have the potential to contribute to health risk in DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 14 the project vicinity. It should be noted that standard regulatory controls would apply to the project in addition to any permits required that demonstrate appropriate operational controls. It is unknown at the time the annual amount of gasoline that will be required for the proposed gas station. As a conservative measure, it is assumed that the gasoline station would have an annual throughout of approximately 2,000,000 gallons. For purposes of this evaluation, cancer risk estimates can be made consistent with the methodology presented in SCAQMD’s Risk Assessment Procedures for Rules 1401, 1401.1 & 212, which provides screening-level risk estimates for gasoline dispensing operations. The Project site is located within Source Receptor Area (SRA) 25 and the gasoline station canopy is located approximately 190 feet/58 meters of a residential land use. Based on this screening procedure it is anticipated that no residential sensitive receptors in the project vicinity will be exposed to a cancer risk of greater than 1.82 in one million which is less than the applicable threshold of 10 in one million. It should be noted that this screening-level risk estimate is very conservative (i.e., it would overstate rather than understate potential impacts). Upon entitlement the Project will be required to obtain requisite permits from the SCAQMD which will ultimately dictate the maximum annual throughput allowed. As previously mentioned, the proposed project is located within the SCAB which is currently classified as a federal nonattainment area foreground-level ozone (O3) and PM2.5 and state nonattainment area for O3 (1- and 8-hour standard), PM10 and PM2.5. The proposed project would emit criteria pollutants during both construction and long-term operation. Sensitive receptors in the form of residential homes surround the project site to the north, south, east, and west. Since the total acreage disturbed is less than five acres per day for both the site preparation phase and the grading phase, the SCAQMD’s screening look-up tables are utilized in determining impacts. It should be noted that since the look-up tables identifies thresholds at only 1 acre, 2 acres, and 5 acres, linear regression has been utilized, consistent with SCAQMD guidance, in order to interpolate the threshold values for the other disturbed acreage not identified. As previously noted, a 320-meter receptor distance is utilized to determine the LSTs for emissions of CO, NO2, PM10, and PM2.5. As shown in Table 4.2-9 – Localized Significance Summary Construction of the DEIR, identifies the localized impacts at the nearest receptor in the vicinity of the proposed project. It is indicated that the proposed project without mitigation, localized construction emissions would not exceed the applicable SCAQMD LSTs for emissions of any criteria pollutant. The proposed project site consists of commercial/retail uses. According to the SCAQMD LTS methodology, LSTs would apply to the operational phase of a proposed project, if the project includes stationary sources, or attracts mobile sources that may spend long periods queuing and idling at the site. The proposed project does not include such uses, and thus, due to the lack of significant stationary source emissions, no long-term localized significance threshold analysis is needed. A CO concentration or a “Hot Spot” would occur if an exceedance of the state one-hour standard of 20 ppm or the eight-hour standard of 9 ppm were to occur. Hot spots are caused by vehicle emissions primarily idling at congested intersections. A traffic report was prepared for the proposed project and as indicated in the reports exhibit 8-4, the highest average daily trips on a segment of road would be 60,600 daily trips on Lake Street between A and D Street. Additionally, the 2003 AQMP determined that the highest traffic volumes of a segment of road is 8,674 vehicles per hour. Thus, the highest trips on a segment of road for the proposed project DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 15 is 5,911 vehicles per hour on Lake Street and Nichols Road. Therefore, project-related traffic volumes are less than the traffic volumes identified in the 2003 AQMP. The proposed Project considered herein would not produce the volume of traffic required to generate a CO “hot spot” either in the context of the 2003 Los Angeles hot spot study, or based on representative BAAQMD CO threshold considerations, as shown on Table 4.2-10 – Cumulative with Project Peak Hour Traffic Volumes of the DEIR. Therefore, CO “hot spots” are not an environmental impact of concern for the proposed Project. Localized air quality impacts related to mobile- source emissions would therefore be less than significant. Based on the foregoing analysis, implementation of the proposed project would not result in the exposure of sensitive receptors to substantial pollutant concentrations and impacts would be less than significant. Reference: DEIR Subsections 4.2.5. 4.2.2.4 Other Air Quality Emissions (Including Odors) During both construction and operation, the Project would not create objectionable odors affecting a substantial number of people. Impacts due to odors would be less than significant. 4.2.2.4.1 Mitigation No mitigation measures are required. 4.2.2.4.2 Finding/Facts in Support of the Finding Based on the Project’s construction and operational characteristics, the Project only has the potential to result in odor emissions that could adversely affect a substantial number of people. Land uses generally associated with long-term odor complaints include agricultural uses, wastewater treatment plants, food-processing plants, chemical plants, composting operations, refineries, landfills, dairies, and fiberglass molding facilities. Per the Air Quality Impact Analysis (EIR Technical A), the proposed project does not contain land uses typically associated with emitting objectionable odors. The project site does not contain any of the land use mentioned or uses that are typically associated with emitting objectionable odors temporary, short-term odor releases could result from project construction activities. Standard construction requirements would minimize odor impacts from construction, in addition to construction odor emission being temporary and would cease upon completion of the respective phase of construction. Potential sources of odors can include but are not limited to diesel exhaust, asphalt/paving materials, glues, paint, and other architectural coatings. In addition, it is anticipated the projects generated refuse would be stored in covered containers and then removed at regular intervals in compliance with the City’s solid waste regulations. Therefore, odors associated with the proposed Project construction and operations would be less than significant and no mitigation is required. Reference: DEIR Subsection 4.2.5. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 16 4.2.3 BIOLOGICAL RESOURCES 4.2.3.1 Wetlands Impacts The Project would have a less-than-significant impact on wetlands. 4.2.3.1.1 Mitigation No mitigation measures are required. 4.2.3.1.2 Finding/Facts in Support of the Finding The project-specific Habitat Assessment (DEIR Technical Appendix C) included an assessment for MSHCP riparian/riverine areas and vernal pools. The site does not contain riparian/riverine areas, or vernal pools. The proposed project site does not contain evidence of vernal pools or other seasonally-inundated depressions such as cracked, hydric soils, or standing water. Furthermore, no clay soils or heavy soils were mapped, and no ponding or depression areas that could hold water for an extended period of time were detected on the project site. Therefore, the Project would have a less-than-significant impact on native resident or migratory wildlife corridors or wildlife nursery sites. Reference: DEIR Subsections 4.3.6. 4.2.3.2 Conflicts with Local Policies or Ordinances Protecting Biological Resources The Project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance, and impacts would be less than significant. 4.2.3.2.1 Mitigation No mitigation measures are required. 4.2.3.2.2 Finding/Facts in Support of the Finding The City of Lake Elsinore has in place a palm tree preservation program (Chapter 5.116 of the Lake Elsinore Municipal Code). The purpose of the program is for the protection of the City’s plant life heritage for the benefit of all citizens in Lake Elsinore. All residents who wish to remove a significant palm tree, as defined in Chapter 5.116, that exceeds five feet in height measured from the ground at the base of the trunk to the base of the crown must obtain a palm tree removal permit prior to removal of the tree. Although there are trees within the project site, including palm trees, any tree removal would be subject to and comply with Chapter 5.116 of the Lake Elsinore Municipal Code; therefore, the project would result in a less than significant impact associated with a local policy protecting biological resources. Reference: DEIR Subsection 4.3.6. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 17 4.2.4 ENERGY The Project would not result in potentially significant environmental impacts due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation, and impacts would be less than significant. Additionally, the Project would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency. 4.2.4.1.1 Mitigation No mitigation measures are required. 4.2.4.1.2 Finding/Facts in Support of the Finding The anticipated construction schedule assumes that the proposed project would be constructed over an approximately 14-month period, and would require site preparation, grading, building construction, paving, and architectural coating during construction. Energy consumed during the construction period would be required for the manufacture and transportation of building materials and for preparation of the project site for grading activities and building construction. Petroleum fuels (e.g., diesel, gasoline) would be the primary sources of energy for these activities. In general, the construction processes promote conservation and efficient use of energy by reducing raw materials demands, with related reduction in energy demands associated with raw materials extraction, transportation, processing and refinement. Use of materials in bulk reduces energy demands associated with preparation and transport of construction materials as well as the transport and disposal of construction waste and solid waste in general, with corollary reduced demands on area landfill capacities and energy consumed by waste transport and landfill operations. Therefore, construction activities are not anticipated to result in an inefficient use of energy, as gasoline and diesel fuel would be supplied by construction contractors who would conserve the use of their supplies to minimize their costs constructing the project. Energy usage on the project site during construction would be temporary in nature and would be relatively small in comparison to the State’s available energy sources; therefore, construction energy impacts would be less than significant and no mitigation would be required. Electricity would be provided to the project by SCE and natural gas is provided by SoCalGas. SCE’s Clean Power and Electrification Pathway (CPEP) white paper and SoCalGas 2018 Corporate Sustainability Report builds on existing state programs and policies. As such, the project is consistent with, and would not otherwise interfere with, nor obstruct implementation the goals presented in the 2019 IEPR. Additionally, the project will comply with the applicable Title 24 standards which would ensure that the project energy demands would not be inefficient, wasteful, or otherwise unnecessary. As such, development of the proposed project would support the goals presented in the 2019 IEPR. The project site is located along major transportation corridors with proximate access to the Interstate freeway system, which would serve to reduce VMT in the project’s service area. Additionally, the project site is DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 18 consistent with the existing retail/commercial land use and general commercial zoning designation. Therefore, the project is consistent with, and would not otherwise interfere with, nor obstruct implementation of the State of California Energy Plan. The project would implement energy-saving features and operational programs, consistent with the reduction measures set forth in the City of Lake Elsinore CAP. Based on the foregoing analysis, implementation of the proposed project would not project conflict with or obstruct a state or local plan for renewable energy or energy efficiency. Reference: DEIR Subsection 4.5.5. 4.2.5 GEOLOGY AND SOILS A. Seismic-Related Hazards The Project would result in less-than-significant impacts associated with the exposure of people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving rupture of a known fault, strong seismic ground shaking, ground failure including liquefaction, and landslides. 4.2.5.1.1 Mitigation No mitigation measures are required. 4.2.5.1.2 Finding/Facts in Support of the Finding The project is located in a seismically active region and as a result, significant ground shaking will likely impact the project site within the design life of the proposed project. The geologic structure of the entire southern California area is dominated by northwest-trending faults associated with the San Andreas Fault system, which accommodates for most of the right lateral movement associated with the relative motion between the Pacific and North American tectonic plates. As was concluded in the Preliminary Geotechnical Investigation (Appendix F), no active faults are known to project through the project site and the site is not located within an Alquist-Priolo Earthquake Fault Zone, which was established by the State of California to restrict the construction of new habitable structures across identifiable traces of known active faults. Although no Alquist-Priolo Fault Zones are located within the project site, the County Fault Zone established for the Glen Ivy Fault Zone does trend northwest to southeast through the southwest portion of the project site; however, fault investigations with trenching and subsequent geotechnical mapping found no evidence of faulting near the project site. To date, no faults have been identified by previous fault zone studies. Based on review of regional geologic maps and applicable computer programs, the Elsinore Fault with an approximate source to project site distance of approximately 0.2 mile is the closest known active fault anticipated to produce the highest ground accelerations, with an anticipated maximum modal magnitude of DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 19 7.7. Although the project site is near an active fault, all structures associated with the proposed project are required to be designed and constructed to resist the effects of seismic activity as provided in the California Building Standards Code Title 24 (CALGreen) and Title 15, Buildings and Construction, of the City of Lake Elsinore Municipal Code. Compliance with applicable requirements of CALGreen and the City of Lake Elsinore, which are designed to attenuate the effects of strong ground shaking, would be assured through City review of grading and building permits which would ensure that seismic ground shaking effects are attenuated. The requirements identified in the CALGreen regulations are designed to ensure that buildings are able to withstand the levels of seismic groundshaking to which the proposed project would be subject. Accordingly, the project would result in a less than significant impact associated with seismically-induced ground shaking and mitigation is not required. The design and construction of the proposed project would be subject to the mandatory requirements and standards of the California Building Standards Code Title 24 (CALGreen) and Title 15, Buildings and Construction, of the City of Lake Elsinore Municipal Code, which are designed to attenuate the effects of strong ground shaking. Compliance with applicable requirements of CALGreen and the City of Lake Elsinore would be assured through City review of grading and building permits which would ensure that seismic ground shaking effects are attenuated. The requirements identified in the CALGreen regulations are designed to ensure that buildings are able to withstand the levels of seismic groundshaking to which the proposed project would be subject. Accordingly, the project would have a less than significant impact associated with seismically- induced ground shaking and mitigation is not required. The City of Lake Elsinore has identified areas known and suspected of liquefaction hazard in Figure 3.4 of the City’s General Plan. The project site is identified within Figure 3.4 as located within an areas of moderate risk for liquefaction; the Preliminary Geotechnical Investigation prepared for the project site, indicates that the potential for earthquake induced liquefaction and lateral spreading at the proposed site is considered very low to remote. This is due to the relatively low groundwater level and the dense nature of the deeper onsite earth materials. Therefore, the proposed project would result in impacts associated with the potential for seismicrelated ground failure such as liquefaction that would be less than significant. According to the California Department of Conservation (CDC) landslide inventory, the proposed project is located in the Alberhill Quadrangle; however, no landslide information is available for the project site. The Preliminary Geotechnical Investigation prepared for the project site indicated that landslide debris was not observed during the subsurface exploration and no ancient landslides are known to exist on the site. No landslides are known to exist, or have been mapped, in the vicinity of the project site. Additionally the project site is relatively flat. Therefore, the proposed project would result in an impact that would be less than significant and no mitigation is required. Based on the foregoing analysis, the proposed project would result in less than significant impacts associated with the exposure of people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving rupture of a known fault. Reference: DEIR Subsections 4.6.5. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 20 4.2.5.2 Soil Erosion and Loss of Topsoil The Project would result in less-than-significant impacts due to soil erosion or the loss of top soil. 4.2.5.2.1 Mitigation No mitigation measures are required. 4.2.5.2.2 Finding/Facts in Support of the Finding The project site is comprised of approximately 5.63 acres of largely undeveloped land that has not been graded. The project site is currently sitting on a slope with elevations that range from approximately 1,480 to 1,520 feet above mean sea level (msl), for a difference of about +/- 40 feet across the entire site. Currently, drainage within the project site generally flows to the east. In addition, the project site currently has sparse vegetation onsite that includes trees including both eucalyptus and pepper trees as well as areas of exposed soil. Development of the project site would remove the existing vegetation during the grading and construction process. This process would expose the underlying soils, increasing the rate of water runoff, which would increase erosion susceptibility that would result in potential short-term soil erosion impacts. However, during construction, erosion control best management practices (BMPs) would be incorporated as part of a Storm Water Pollution Prevention Plan (SWPPP) prepared in compliance with the National Pollutant Discharge Elimination System (NPDES) Construction General Permit. The BMPs incorporated would assist in preventing the exposure of soils to wind and water and reduce the threat of erosion during the construction phase. The City’s Engineering Department will also review the SWPPP and the BMPs for compliance prior to the issuance of a building and grading permit. Therefore, with implementation of the above requirements, erosion related to construction activities would be less than significant. Following construction, wind and water erosion on the project site would be minimized, as the areas disturbed during construction would be landscaped or covered with impervious surfaces (i.e., building foundations and paved parking areas). Only nominal areas of exposed soil, if any, would occur in the project site’s landscaped areas. The only potential for erosion effects to occur during project operation would be indirect effects from stormwater discharged from the project site. As discussed in the Hydrology Report (Appendix K) prepared for the proposed project, runoff from the project site during operational conditions was calculated to be 16% higher than the existing condition. The excess runoff from the project site would be retained and filtered onsite via biofiltration with underdrain. Retention of excess stormwater would ensure that indirect effects from stormwater discharge do not result in substantial erosion or topsoil loss; therefore, impacts associated with erosion related to operation of the proposed project would be less than significant. No mitigation is required. Reference: DEIR Subsection 4.6.5. 4.2.5.3 Expansive Soils The Project site is not located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (since renamed as the California Building Code), and a substantial direct or indirect risk to life or property would not occur due to expansive soil conditions. Impacts due to expansive soils would be less than significant. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 21 4.2.5.3.1 Mitigation No mitigation measures are required. 4.2.5.3.2 Finding/Facts in Support of the Finding The Preliminary Geotechnical Investigation prepared for the project site indicated that onsite earth materials exhibit an expansion potential of lows classified in accordance with 2016 CBC Section 1803.5.3 and ASTM D4829-03. Additionally, the design and construction of the proposed project would be subject to the mandatory requirements and standards of the California Building Standards Code Title 24 (CALGreen) and Title 15, Buildings and Construction, of the City of Lake Elsinore Municipal Code, which are designed to minimize impacts due to seismic activity. Compliance with applicable requirements of CALGreen and the City of Lake Elsinore would be assured through City review of grading and building permits. Accordingly, the project would have a less than significant impact associated with expansive soils and no mitigation is required. Reference: DEIR Subsection 4.6.5. 4.2.6 GREENHOUSE GAS EMISSIONS 4.2.6.1 Greenhouse Gas Emissions The Project would not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. 4.2.6.1.1 Mitigation No mitigation measures are required. 4.2.6.1.2 Finding/Facts in Support of the Finding The City of Lake Elsinore has not adopted its own numeric threshold of significance for determining impacts with respect to GHG emissions. A screening threshold of 3,000 MTCO2e per year to determine if additional analysis is required is an acceptable approach for small projects. This approach is a widely accepted screening threshold used by the County of Riverside and numerous cities in the South Coast Air Basin and is based on the SCAQMD staff’s proposed GHG screening threshold for stationary source emissions for non-industrial projects, as described in the SCAQMD’s Interim CEQA GHG Significance Threshold for Stationary Sources, Rules and Plans (“SCAQMD Interim GHG Threshold”). The SCAQMD Interim GHG Threshold identifies a screening threshold to determine whether additional analysis is required. The project would result in approximately 431.23 MTCO2e per year from construction, area, energy, waste, and water usage. In addition, the project has the potential to result in an additional 1,852.95 MTCO2e per year from mobile sources if the assumption is made that all of the vehicle trips to and from the project are “new” trips resulting from the development of the project. As shown in Table 4.7-3, below, the project has the potential to generate a total of approximately 2,284.18 MTCO2e per year. As such, the project would not exceed the SCAQMD’s recommended numeric threshold of 3,000 MTCO2e if it were applied. Thus, project DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 22 related emissions would not have a significant direct or indirect impact on GHG emissions and climate change and no mitigation is required. Based on the foregoing analysis, the proposed project would not generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment; therefore, this impact is less than significant. Reference: DEIR Subsection 4.7.5. 4.2.6.2 Conflicts with Plans, Policies, or Regulations Related to Greenhouse Gas Emissions The Project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases. 4.2.6.2.1 Mitigation No mitigation measures are required. 4.2.6.2.2 Finding/Facts in Support of the Finding City of Lake Elsinore Climate Action Plan (CAP) In 2006, California adopted AB 32, which requires the state to reduce statewide GHG emissions to 1990 levels by 2020, a reduction target that was introduced in EO S-3-05. In 2016, California adopted SB 32, which requires the state to reduce statewide GHG emissions to 40% below 1990 levels by 2030, a reduction target that was introduced in EO B-30-15. AB 32 and SB 32 codified state targets and directed State regulatory agencies to develop rules and regulations to meet the targets; AB 32 and SB 32 do not stipulate project-specific requirements. Specific requirements are codified in rules and regulations developed by regulatory agencies such as CARB and SCAQMD, and local City actions such as the City of Lake Elsinore CAP. The City’s CAP, adopted in 2011, certified that the City’s target is consistent with AB 32’s 2020 goals. The City CAP ensures that the City will be providing local GHG reductions that will complement state efforts to reduce GHG emissions to the AB 32 target. The proposed project would not conflict with the applicable CAP reduction measures, as shown in Table 3-2 of the Greenhouse Gas Analysis (Appendix H). Although the CAP was prepared prior to the adoption of SB 32, it is still the applicable plan. Assembly Bill 32 (AB 32) Section 3.8 of the Greenhouse Gas Analysis discusses the proposed projects consistency with SB 32. ARB’s Scoping Plan identifies strategies to reduce California’s greenhouse gas emissions in support of AB 32. Many of the strategies identified in the Scoping Plan are not applicable at the project level, such as long-term technological improvements to reduce emissions from vehicles; however, some measures are applicable and supported by the project, such as energy efficiency. Finally, while some measures are not directly applicable, the project would not conflict with their implementation. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 23 Table 3-3 of the Greenhouse Gas Analysis of the DEIR summarizes the proposed project’s consistency with the State Scoping Plan. As summarized in Table 3-3, the proposed project would not conflict with any of the provisions of the Scoping Plan and in fact supports the action categories: energy efficiency, water conservation, recycling, and landscaping. Senate Bill 32 (SB 32) Senate Bill 32 (SB 32) requires the state to reduce statewide greenhouse gas emissions to 40% below 1990 levels by 2030, a reduction target that was first introduced in Executive Order B-30-15. The new legislation builds upon the AB 32 goal of 1990 levels by 2020 and provides an intermediate goal to achieving S-3-05, which sets a statewide greenhouse gas reduction target of 80% below 1990 levels by 2050. According to research conducted by the Lawrence Berkeley National Laboratory and supported by the CARB, California, under its existing and proposed GHG reduction policies, is on track to meet the 2020 reduction targets under AB 32 and could achieve the 2030 goals under SB 32. The proposed project reduces its GHG emissions to the maximum extent feasible. Additionally, the project applicant would not actively interfere with any future County-mandated, state-mandated, or federally mandated retrofit obligations enacted or promulgated to legally require development County-wide, statewide, or nation-wide to assist in meeting state-adopted greenhouse gas emissions reduction targets, including that established under Executive Order S-3-05, Executive Order B-30-15, or SB 32. The proposed project does not interfere with the state’s implementation of (i) Executive Order B-30-15 and SB 32’s target of reducing statewide GHG emissions to 40% below 1990 levels by 2030 or (ii) Executive Order S-3-05’s target of reducing statewide GHG emissions to 80% below 1990 levels by 2050 because it does not interfere with the state’s implementation of GHG reduction plans described in the CARB’s Updated Scoping Plan, including the state providing for 12,000 MW of renewable distributed generation by 2020, the California Building Commission mandating net zero energy homes in the building code after 2020, or existing building retrofits under AB 758. Therefore, the project’s impacts on GHG emissions in the 2030 and 2050 horizon years are less than significant. The proposed project would not conflict with any of the 2017 Scoping Plan elements as any regulations adopted would apply directly or indirectly to the project. Further, as discussed above the State’s existing and proposed regulatory framework will allow the State to reduce its GHG emissions level to 40 percent below 1990 levels by 2030. Based on the foregoing analysis, the proposed project would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of GHGs; therefore, this impact is less than significant. Reference: DEIR Subsection 4.7.5. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 24 4.2.7 HAZARDS AND HAZARDOUS MATERIALS 4.2.7.1 Transport, Use, and Disposal of Hazardous Materials The Project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials 4.2.7.1.1 Mitigation No mitigation measures are required. 4.2.7.1.2 Finding/Facts in Support of the Finding Under existing conditions, no hazards were found on the Project site. During Project construction and operation, mandatory compliance with federal, state, and local regulations would ensure that the Project as proposed would not create a significant hazard to the public or environment through the routine transport, use, or disposal of hazardous materials. Reference: DEIR Subsection 4.8.5. 4.2.7.2 Reasonably Foreseeable Upset and Accident Conditions Leading to Hazardous Materials Release The Project would not 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, and impacts would be less than significant. 4.2.7.2.1 Mitigation No mitigation measures are required. 4.2.7.2.2 Finding/Facts in Support of the Finding Under existing conditions, no hazards were found on the Project site. During Project construction and operation, mandatory compliance with federal, State, and local regulations would ensure that the Project as proposed would not create a significant hazard to the public or the environment through accident conditions involving the release of hazardous materials. Thus, the Project would not create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials in the environment. Reference: DEIR Subsection 4.8.5. 4.2.7.3 Hazardous Emissions or Materials Affecting Schools The Project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school, and impacts would be less than significant. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 25 4.2.7.3.1 Mitigation No mitigation measures are required. 4.2.7.3.2 Finding/Facts in Support of the Finding The nearest existing school to the project site is Terra Cotta Middle School, located approximately 0.25-mile south of the project site (Google Earth Pro, 2020). Additionally, there are no schools planned within 0.25-mile of the project site. Implementation of the project would not result in the routine transport, use, or disposal of hazardous materials and would not create a significant hazard to the public. Additionally, the proposed project would be required to comply with all applicable federal, state and local laws and regulations pertaining to the transport, use, disposal, handling, and storage of hazardous waste during the construction phase to reduce the likelihood and severity of accidents during transit. Accordingly, the proposed project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 0.25-mile of an existing or proposed school. Thus, a less than significant impact would occur. Reference: DEIR Subsection 4.8.5. 4.2.7.4 Hazardous Materials Sites The project is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. 4.2.7.4.1 Mitigation No mitigation measures required. 4.2.7.4.2 Finding/Facts in Support of the Finding As part of the Phase I ESA prepared for the project, a review of regulatory agency databases was conducted. The DTSC online database, EnviroStor, was reviewed and it was determined that the project site, or any adjacent properties, was not listed. Additionally, the State Water Resources Control Board database, GeoTracker, which provides records on leaking underground storage tanks (LUSTs) and Spills, Leaks, Investigation and Cleanup (SLIC) sites, was reviewed. The review determined that the project site was not listed in the GeoTracker database. As the site is not identified as a hazardous materials site pursuant to Government Code Section 65962.5, the proposed project would result in a less than significant impact. Reference: DEIR Subsection 4.8.5. 4.2.7.5 Safety Hazards from Airports The Project site is not located near any airports and the Project would therefore not result in a safety hazard for people residing or working in the project area. Impacts would be less than significant. 4.2.7.5.1 Mitigation No mitigation measures are required. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 26 4.2.7.5.2 Finding/Facts in Support of the Finding The project site is not within two miles of an airport and the project site is not identified as within an Airport Influence Area for airports in Riverside County (Riverside County, 2020). The nearest airport is the Perris Valley Airport, approximately 10.5 miles to the east of the project site (Google Earth, 2020). As such, no impact would occur. Reference: DEIR Subsection 4.8.5. 4.2.7.6 Emergency Response Plans and Emergency Evacuation Plans The Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan, and impacts would be less than significant. 4.2.7.6.1 Mitigation No mitigation measures are required. 4.2.7.6.2 Finding/Facts in Support of the Finding The Project would not impair or physically interfere with an adopted emergency response plan or emergency evacuation plan. No emergency facilities exist on the Project site, and the site does not serve as an emergency evacuation route and the Project would be required to maintain access during construction. Thus, impacts would be less than significant. Reference: DEIR Subsections 4.8.5. 4.2.7.7 Wildland Fire Hazards The proposed Project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires. 4.2.7.7.1 Mitigation No mitigation measures are required. 4.2.7.7.2 Finding/Facts in Support of the Finding Implementation of the proposed project would include development of structures within the project site and could expose more people and additional development to potentially significant hazards from wildfires. The project site is located within a Local Responsibility Area within a High Fire Hazard Severity Zone (Riverside County, 2020). Additionally, the General Plan identifies the project site as being within a high fire hazard zone (City of Lake Elsinore, 2011). In order to reduce the risk of wildland fires, the project would comply with various regulations adopted by the City. The Lake Elsinore Local Hazard Mitigation Plan, for which the proposed project would comply, includes various policies including on-going brush clearance, low fuel landscaping, fire resistant building techniques, and creation of fuel modification zones around development to DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 27 address the risk of wildfire (City of Lake Elsinore, 2017). Additionally, the project would comply with the goals and policies identified in Section 3.4.1 of the City’s General Plan (City of Lake Elsinore, 2011). Compliance with the Local Hazard Mitigation Plan and General Plan would reduce the risk of loss, injury or death involving wildland fires; therefore, the proposed project would result in a less than significant impact. Reference: DEIR Subsection 4.8.5. 4.2.8 HYDROLOGY AND WATER QUALITY 4.2.8.1 Water Quality Standards and Waste Discharge Requirements The Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality, and impacts would be less than significant. 4.2.8.1.1 Mitigation No mitigation measures are required. 4.2.8.1.2 Finding/Facts in Support of the Finding With implementation of the Best Management Practices (BMPs) from the SWPPP and the Project-specific WQMP, as well as implementation of the Project’s drainage plan that includes drainage basins, the Project would result in less-than-significant impacts with respect to water quality. Reference: DEIR Subsection 4.9.5. 4.2.8.2 Groundwater Supplies and Recharge The Project would not substantially decrease groundwater supplies or interfere with groundwater recharge such that the Project may impede sustainable groundwater management of the basin, and impacts would be less than significant. 4.2.8.2.1 Mitigation No mitigation measures are required. 4.2.8.2.2 Finding/Facts in Support of the Finding The Project has a reliable source of domestic water and does not propose any new potable water wells that would directly extract groundwater. Groundwater recharge would occur in on-site drainage basins and landscaped areas, and water conveyed off-site would have the ability to percolate into the groundwater table. The Project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level, and the impact would be less than significant. Reference: DEIR Subsection 4.9.5. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 28 4.2.8.3 Changes to Drainage Patterns The Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner, which would result in substantial erosion or siltation on- or off-site; substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or impede or redirect flood flows. Impacts would be less than significant. 4.2.8.3.1 Mitigation No mitigation measures are required. 4.2.8.3.2 Finding/Facts in Support of the Finding Implementation of the BMPs from the Project-specific SWPPP and the on-site drainage basins, included as applicable City Regulations, would ensure that construction and operation of the Project would not result in substantial erosion or siltation on- or off-site or contribute runoff storm water which would exceed the capacity of existing or planned storm water drainage systems, provide substantial additional sources of polluted runoff, or impede or redirect flood flows. Development of the proposed project would alter existing ground contours of the project site and would increase the impervious surface area on the project site, both of which would result in minor changes to the existing drainage patterns of the project site. The project would include the installation of an integrated, on-site system of underground storm drain pipes, catch basins, two underground biofiltration with drain systems, and an underground chamber system. The integrated storm water system is designed to capture on-site stormwater runoff flows, convey the runoff across the project site, and treat the runoff to minimize the amount of water-borne pollutants transported from the project site. The proposed storm water system is designed to capture and convey runoff from the project site to the storm drain in Mountain Avenue. The post development runoff volume of the project site would replicate the pre-development runoff volume, per SWRCB requirements. Furthermore, as summarized in the Preliminary WQMP (Appendix J of the DEIR), the treatment controls proposed for the Project site are effective at removing sediment from stormwater runoff during long-term operation (Plump, 2019a). Compliance with the WQMP, and long-term maintenance of on-site stormwater conveyance and retention infrastructure by the property owner or operator to ensure their long-term effectiveness, would be required by the City. Therefore, stormwater runoff flows leaving the project site would not carry substantial amounts of sediment. Impacts would be less than significant and no mitigation is required. The majority of the portions of the project site that are proposed for development are not within a 100-year flood hazard area. The only portion of the project site located within the 500-year flood hazard area is the southwest portion of the project site. This area of the project site is located within ‘Zone X’ of the FEMA FIRM, which indicates that the area has a 0.2 percent chance of flooding Thus, with implementation of regulatory requirements the Project would not place structures within a 100-year flood hazard area and would DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 29 not impede or redirect flood flows. Accordingly, the Project’s potential to contribute to an impact associated with placing housing or structures within a 100-year flood zone would be less than significant. Reference: DEIR Subsection 4.9.5. 4.2.8.4 Release of Pollutants due to Project Inundation The Project site is not subject to flood hazards, tsunamis, or seiches, and the risk of release of pollutants due to Project inundation would therefore be less than significant. 4.2.8.4.1 Mitigation No mitigation measures are required. 4.2.8.4.2 Finding/Facts in Support of the Finding The Pacific Ocean is located more than 20 miles southwest of the project site; consequently, there is no potential for the project site to be inundated by a tsunami. The nearest large body of surface water is Lake Elsinore, located approximately 2 miles south of the project site (Google Earth, 2020). Due to the distance and the lower elevation of the lake, the project site would not be subject to seiche associated with Lake Elsinore. Additionally, the project site is located outside of the 100-year floodplain (FEMA, 2020). Accordingly, implementation of the project would not risk release of pollutants due to inundation. The proposed project would result in no impacts. Reference: DEIR Subsection 4.9.5. 4.2.8.5 Conflicts with Water Quality Control Plans or Sustainable Groundwater Management Plans The Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan, and impacts would be less than significant. 4.2.8.5.1 Mitigation No mitigation measures are required. 4.2.8.5.2 Finding/Facts in Support of the Finding The proposed Project would require a National Pollutant Discharge Elimination System (NPDES) Permit, issuance of a Waste Discharge Requirements (WDR) by the Santa Ana Regional Water Quality Control Board (RWQCB), and Water Quality Certification, which would ensure the Project does not conflict with the Water Quality Control Plan for the Santa Ana River Basin. Additionally, the Project site is not located within any sustainable groundwater management plans, and the Project would not affect water quality or the amount of water discharged to local aquifers. Impacts would be less than significant. Reference: DEIR Subsection 4.9.5. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 30 4.2.9 LAND USE AND PLANNING 4.2.9.1 Conflicts with Land Use Plans, Policies, and Regulations The Project would not cause a significant environmental impact due to a conflict with any applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect, and impacts would be less than significant. 4.2.9.1.1 Mitigation No mitigation measures are required. 4.2.9.1.2 Finding/Facts in Support of the Finding The Land Use Element designates the general distribution, general location, and extent of land uses, such as housing, business, industry, open space, agriculture, natural resources, recreation, and public/quasi-public uses. The General Plan Land Use Map (General Plan Figure 2.1A) designates the project site as General Commercial. The project proposes development of approximately 32,695 square feet (SF) of commercial retail development, which includes a 3,400 SF convenience store with an attached 1,525 SF Quick-Serve Restaurant (QSR), a 4,089 SF gas fueling canopy, a 3,150 SF express car wash, two (2) 4,850 SF retail buildings, a 3,320 SF drive-through restaurant with an attached 1,600 SF retail building, and a 2,520 SF drive-through restaurant with an attached 2,400 SF retail building. The proposed project includes a Conditional Use Permit (CUP No. 2019-19) and a Commercial Design Review (CDR No. 2019-27) to allow for the uses within the project site. Environmental impacts associated with CUP No. 2019-19 and CDR No. 2019-27 have been evaluated under the relevant issue areas throughout this EIR. Under each of these topics, the project’s impacts are determined to be less than significant, or mitigation measures have been imposed to reduce impacts to the maximum feasible extent. There are no components of CUP No. 2019-19 and CDR No. 2019-27 that have not already been addressed and accounted for throughout this EIR. Thus, there are no adverse environmental effects associated with such changes that have not already been evaluated and addressed throughout this EIR. The project would be consistent with all of the policies contained within the Land Use Element. Accordingly, the Project would not conflict with the General Plan Land Use Element exhibits or policies, and impacts would be less than significant. Furthermore, the Project would be consistent with the General Plan and SCAG Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) goals. Impacts due to a conflict with the land use designations and policies of the General Plan and other planning documents would be less than significant. Reference: DEIR Subsections 4.10.5. 4.2.10 NOISE 4.2.10.1 Groundborne Vibration and Noise Impacts The Project would not generate excessive ground borne vibration or ground borne noise levels during construction activities, and impacts would be less than significant. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 31 4.2.10.1.1 Mitigation No mitigation measures are required. 4.2.10.1.2 Finding/Facts in Support of the Finding Per the Federal Transit Administration (FTA) Transit Noise Impact and Vibration Assessment (8), vibration is the periodic oscillation of a medium object. The rumbling sound caused by the vibration of room surfaces is called structure-bore noise. Sources of ground-borne vibrations include natural phenomena or human-made causes which include things such as explosions, machinery, traffic, trains, and construction equipment. Construction activity can result in varying degrees of ground vibration, depending on the equipment and methods used, distance to the affect structures and soils. It is expected that ground-borne vibration from the proposed project construction activities would cause only intermitted, localized intrusion. According to the Noise Impact Analysis, these construction activities would have the potential to generate low levels of groundbore vibration within the project site including grading. The proposed project is expected to produce ground-borne vibration form construction activities and would cause only intermittent, localized intrusion. These anticipated vibrations during construction activities are expected to be caused by heavy construction equipment and trucks that would haul building materials. The Noise Impact Analysis, utilized vibration source level of construction equipment shown in Table 4.11-23 – Unmitigated Construction Equipment Vibration Levels of the DEIR, and the construction vibration assessment methodology published in by the FTA. The proposed project’s construction vibration velocity levels are expected to approach 0.01 in/sec root-mean- square (RMS) at the nearby receiver locations at distances ranging from 85 to 390 feet. According to the City of Lake Elsinore, the vibration threshold is 0.01 in/sec RMS, which indicates that construction-related vibration impacts are considered less than significant and no mitigation measures are required. Reference: DEIR Subsection 4.11.5. 4.2.10.2 Airport Noise The project site is not located near a private airstrip or a public airport, and no impacts would occur. 4.2.10.2.1 Mitigation No mitigation measures are required. 4.2.10.2.2 Finding/Facts in Support of the Finding The project site is not located near a private airstrip or a public airport. The nearest small private airport located within the vicinity of the project is located approximately 10 miles southeast of the site. In addition, the project site is not located within the Influence Area of this airport. Due to the distance of the airport it is not anticipated that they proposed project would expose employees and visitors to excessive aircraft-related noise. No impact would occur. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 32 Reference: DEIR Subsection 4.11.5. 4.2.11 PUBLIC SERVICES 4.2.11.1 Fire Protection Services The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered fire protection facilities or the need for new or physically altered fire protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for fire protection services. Impacts would be less than significant. 4.2.11.1.1 Mitigation No mitigation measures are required. 4.2.11.1.2 Finding/Facts in Support of the Finding With payment of mandatory Development Impact Fee (DIF) fees, the proposed Project’s potential direct and cumulatively-considerable impacts to the Riverside County Fire Department (RCFD) would be reduced to less-than-significant levels, and the Project would not result in or require the construction of new fire protection facilities that could result in a significant impact to the environment. Reference: DEIR Subsection 4.12.5. 4.2.11.2 Sheriff Services The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered sheriff facilities or the need for new or physically altered sheriff facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for sheriff services. Impacts would be less than significant. 4.2.11.2.1 Mitigation No mitigation measures are required. 4.2.11.2.2 Finding/Facts in Support of the Finding With payment of mandatory DIF fees, the proposed Project’s potential direct and cumulatively-considerable impacts to the Riverside County Sheriff’s Department (RCSD) would be reduced to less-than-significant levels, and the Project would not result in or require the construction of new police protection facilities that could result in a significant impact to the environment. Reference: DEIR Subsections 4.12.5. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 33 4.2.11.3 School Services The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered school facilities or the need for new or physically altered school facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for school services. Impacts would be less than significant. 4.2.11.3.1 Mitigation No mitigation measures are required. 4.2.11.3.2 Finding/Facts in Support of the Finding The proposed project does not include the development of any land uses that would directly induce population growth; therefore, the proposed project would not result in an increase in school-aged children within the City. The proposed project would have no impact on school services. Reference: DEIR Subsection 4.12.5. 4.2.11.4 Parks The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered park facilities or the need for new or physically altered park facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for recreational amenities. Impacts would be less than significant. 4.2.11.4.1 Mitigation No mitigation measures are required. 4.2.11.4.2 Finding/Facts in Support of the Finding The proposed project does not include the development of any land uses that would directly induce population growth; therefore, the proposed project would not result in an increase in the number of people utilizing City park space and contributing to its deterioration. However, the proposed project would be required to pay park fees per the LEMC Section 16.74 that would contribute to the maintenance and improvement costs of parks and associated facilities within the City. Based on the foregoing analysis, the project would have a less than significant impact associated with park facilities.. Reference: DEIR Subsection 4.12.5. 4.2.11.5 Other Public Facilities The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered public facilities or the need for new or physically altered public facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives. Impacts would be less than significant. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 34 4.2.11.5.1 Mitigation No mitigation measures are required. 4.2.11.5.2 Finding/Facts in Support of the Finding Chapter 16.74 of the LEMC establishes a program for the adoption and administration of DIFs by the City for the purpose of defraying the costs of public expenditures for capital improvements and operational services to the extent allowed by law which will benefit such new development: • Section 16.74.048 includes an “Animal Shelter Facilities Fee” to mitigate the additional burdens created by new development for animal facilities. • In addition, the proposed Project will be required to pay City Hall & Public Works fees, Community Center Fees, and Marina Facilities Fees prior to the issuance of building permits. Payment of the above fees is a standard requirement and not considered unique mitigation under CEQA. Based on the foregoing analysis, the project would have a less than significant impact associated with other governmental institutions. Reference: DEIR Subsection 4.12.5. 4.2.12 TRANSPORTATION AND TRAFFIC A. Conflicts with Programs, Plans, Ordinances, or Policies Addressing the Circulation System The project conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities. 4.2.12.1.1 Mitigation No mitigation measures are required. 4.2.12.1.2 Finding/Facts in Support of the Finding This section presents the traffic volumes estimated to be generated by the project’s trip assignment onto the roadway network surrounding the project site. It is anticipated that the Project would be developed in a single phase with an anticipated Opening Year of 2021. For the purpose of this analysis, the following driveways will provide access to the project site: • Driveway 1 via Mountain Street – Full Access • Driveway 2 via Mountain Street – Right-in/Right-out access only • Driveway 3 via Lake Street – Right-in/Right-out access only • Driveway 4 via Lake Street – Right-in/Right-out access only Project Trip Generation DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 35 Trip generation represents the amount of traffic which is both attracted to and produced by a development. Determining traffic generation for a specific project is therefore based upon forecasting the amount of traffic that is expected to be both attracted to and produced by the specific land uses being proposed for a given development. The trip generation rates used for this analysis are based upon information collected by the ITE as provided in their Trip Generation Manual (10th Edition, 2017) for Shopping Center (ITE Land Use Code 820), Fast-Food Restaurant with Drive- Through Window (ITE Land Use Code 934), Super Convenience Market/Gas Station (ITE Land Use Code 960), and Automated Car Wash (ITE Land Use Code 948). A summary of the project’s trip generation is shown in Table 14.13-2, Project Trip Generation Summary of the DEIR. As the project is proposed to include shopping center, gas station, and other complementary uses, pass-by percentages have been obtained from the ITE Trip Generation Handbook (3rd Edition, 2017). Patrons of the gas station may also visit other uses on-site, including the restaurants, car wash, and retail uses, without leaving the site. The ITE Trip Generation Handbook has been utilized to determine the internal capture for the applicable mix of uses. Pass-by trip reductions at the project driveways and site adjacent intersection of Lake Street and Mountain Street are shown on Exhibit 4-2 of the Traffic Impact Analysis. As the trip generation for the project site was conservatively estimated based on individual land uses as opposed to the average ITE Shopping Center rate, an internal capture reduction was applied to recognize the interactions that would occur between the various complementary land uses. The internal capture is based on the National Cooperative Highway Research Program’s (NCHRP Report 684) internal capture trip capture estimation tool. As shown in Table 4.13-2 0f the DEIR, the proposed project is anticipated to generate a net total of 3,696 trip-ends per day with 380 AM peak hour trips and 319 PM peak hour trips. Project Trip Distribution The project trip distribution and assignment process represents the directional orientation of traffic to and from the project site. The trip distribution pattern is heavily influenced by the geographical location of the site, the location of surrounding uses, and the proximity to the regional freeway system. The Project trip distribution pattern is graphically depicted on Exhibit 4-2 of the Traffic Impact Analysis. Modal Split The potential for project trips to be reduced by the use of public transit, walking or bicycling have not been included as part of the project’s estimated trip generation. Essentially, the project’s traffic projections are "conservative" in that these alternative travel modes would reduce the forecasted traffic volumes. Project Trip Assignment The assignment of traffic from the project area to the adjoining roadway system is based upon the project trip generation, trip distribution, and the arterial highway and local street system improvements that would be in place by the time of initial occupancy of the project. Based on the identified project traffic generation and trip distribution patterns, project only ADT and peak hour intersection turning movement volumes are shown on Exhibit 4-3 of the Traffic Impact Analysis. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 36 Background Traffic Future year traffic forecasts have been based upon background (ambient) growth of 4.04% (2% per year compounded annually over two years) for 2021 traffic conditions. This ambient growth rate is added to existing traffic volumes to account for area-wide growth not reflected by cumulative development projects. Ambient growth has been added to daily and peak hour traffic volumes on surrounding roadways, in addition to traffic generated by the development of future projects that have been approved but not yet built and/or for which development applications have been filed and are under consideration by governing agencies. Cumulative Development Traffic A cumulative project list, included as Table X, was developed for the purposes of this analysis through consultation with planning and engineering staff from the City of Lake Elsinore. Table X includes a summary of cumulative development projects and their proposed land uses. If applicable, the traffic generated by individual cumulative projects was manually added to the EAP (2021) forecasts to ensure that traffic generated by the listed cumulative development projects in Table X are reflected as part of the background traffic to estimate EAPC (2021) traffic forecasts. For the purposes of this study, an absorption percentage has been applied to the cumulative development traffic. It is unlikely that each cumulative development project will be fully constructed and occupied by the year 2021. As such, 15% of the cumulative development traffic is added on top of EAP (2021) traffic volumes. Cumulative ADT and peak hour intersection turning movement volumes are shown on Exhibit 4-5 of the Traffic Impact Analysis. Existing Plus Project (E+P) Conditions This section discusses the traffic forecasts for Existing plus Project (E+P) conditions and the resulting intersection operations and traffic signal warrant analyses. E+P Project Traffic Volume Forecasts This scenario includes existing traffic volumes plus project traffic. The ADT volumes and weekday AM and PM peak hour intersection turning movement volumes which can be expected for E+P traffic conditions are shown on Exhibit 5-1 of the Traffic Impact Analysis. Intersection Operations Analysis E+P peak hour traffic operations have been evaluated for the study area intersections based on the analysis methodologies presented the Methodologies Section, above. The intersection analysis results are summarized in Table 4.13-3 of the DEIR, Intersection Analysis for E+P Conditions, below, which indicates that there are no study area intersections anticipated to operate at an unacceptable LOS with the addition of project traffic, consistent with existing traffic conditions. Traffic Signal Warrant Analysis With the addition of project traffic, the following unsignalized study area intersection is anticipated to warrant a traffic signal for E+P traffic conditions: • Driveway 1/Ginger Root Way & Mountain Street DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 37 The intersection of Driveway 1/Ginger Root Way and Mountain Street is anticipated to operate at an acceptable LOS during the peak hours as an unsignalized, cross-street stop-controlled intersection under E+P traffic conditions. As such, a traffic signal has not been recommended at this intersection. Existing Plus Ambient Growth Plus Project (EAP) This section discusses the traffic forecasts for EAP conditions and the resulting intersection operations and traffic signal warrant analyses. EAP Project Traffic Volume Forecasts This scenario includes Existing traffic volumes plus an ambient growth factor of 4.04% (2% per year compounded annually for two years). The weekday ADT and weekday AM and PM peak hour volumes which can be expected for EAP (2021) traffic conditions are shown on Exhibit 6-1 of the Traffic Impact Analysis. Intersection Operations Analysis LOS calculations were conducted for the study intersections to evaluate their operations under EAP (2021) traffic conditions with the roadway and intersection geometrics. As shown in Table 4.13-4 of the DEIR, Intersection Analysis for EAP (2021) Conditions, below, there are no study area intersections anticipated to operate at an unacceptable LOS during the peak hours under EAP (2021) traffic conditions, consistent with existing traffic conditions. Traffic Signal Warrant Analysis There are no additional unsignalized study area intersections that are anticipated to warrant a traffic signal for EAP (2021) traffic conditions, in addition to the intersection identified under E+P traffic conditions. Existing Plus Ambient Growth Plus Project Plus Cumulative Projects (EAPC) This section discusses the methods used to develop EAPC (2021) traffic forecasts, and the resulting intersection operations and traffic signal warrant analyses. EAPC Project Traffic Volume Forecasts This scenario includes existing traffic volumes plus an ambient growth factor of 4.04% (2% per year compounded annually for two years) plus traffic from pending and approved but not yet constructed known development projects in the area, in conjunction with project traffic. The weekday ADT and weekday AM and PM peak hour volumes which can be expected for EAPC (2021) traffic conditions are shown on Exhibit 7-1 of the Traffic Impact Analysis. Intersection Operations Analysis LOS calculations were conducted for the study intersections to evaluate their operations under EAPC (2021) traffic conditions with the roadway and intersection geometrics consistent with Section 7.1 Roadway Improvements. As shown in Table 4.13-5 of the DEIR, Intersection Analysis for EAPC (2021) Conditions, below, there are no study area intersections anticipated to operate at an unacceptable LOS during the peak hours under EAPC (2021) traffic conditions, consistent with existing (2019) traffic conditions. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 38 Traffic Signal Warrant Analysis There are no additional unsignalized study area intersections that are anticipated to warrant a traffic signal for EAPC (2021) traffic conditions, in addition to the intersection identified under E+P traffic conditions. Conclusion Based on the foregoing analysis, none of the study area intersections would operate at a deficient LOS or warrant a traffic signal under any of the analyzed scenarios. Additionally, the proposed project would be required to participate in the City of Lake Elsinore Transportation Impact Fee Program, the Transportation Uniform Mitigation Fee Program, and also contribute funds through the Fair Share Program. Participation would insure that implementation of the project would not result in impacts to the local roadways in the future. This impact is less than significant. Reference: DEIR Subsection 4.13.5. 4.2.12.2 CEQA Guidelines section 15064.3, subdivision (b) 4.2.12.2.1 Mitigation No mitigation measures are required. 4.2.12.2.2 Finding/Facts in Support of the Finding The City of Lake Elsinore Transportation Impact Analysis Guidelines provides details on appropriate “screening thresholds” that can be used to identify when a proposed land use project is anticipated to result in a less than significant impact associated with vehicle miles travelled (VMT). City Guidelines list the screening thresholds in the following three steps: • Step 1: Transit Priority Area (TPA) Screening • Step 2: Low VMT Area Screening • Step 3: Project Type Screening A land use project need only to meet one of the above screening thresholds to result in a less than significant impact. Step 1: TPA Screening Projects located within a Transit Priority Area (TPA) (i.e., within ½ mile of an existing “major transit stop” or an existing stop along a “high-quality transit corridor”) may be presumed to have a less than significant impact absent substantial evidence to the contrary. However, the presumption may not be appropriate if a project: • Has a Floor Area Ratio (FAR) of less than 0.75; • Includes more parking for use by residents, customers, or employees of the project than required by the jurisdiction (if the jurisdiction requires the project to supply parking); • Is inconsistent with the applicable Sustainable Communities Strategy (as determined by the lead agency, with input from the Metropolitan Planning Organization); or DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 39 • Replaces affordable residential units with a smaller number of moderate- or high-income residential units. The Project is not within a TPA nor does it meet the secondary FAR ratio requirement of greater than 0.75 FAR; therefore, the TPA threshold is not met. Step 2: Low VMT Screening Area As noted in the City Transportation Impact Analysis Guidelines, residential and office projects located within a low VMT-generating area may be presumed to have a less than significant impact absent substantial evidence to the contrary. The Screening Tool uses the sub-regional travel demand model Riverside Transportation Analysis Model to estimate VMT for individual traffic analysis zones (TAZ’s) for areas throughout the Western Riverside Council of Governments region. A low VMT area is defined as an individual TAZ where total daily VMT per service population is lower than the City average total daily VMT per service population. The project site was selected in the Screening Tool to determine the VMT per service population for the TAZ containing the project. Based on the Screening Tool results, the project TAZ (TAZ 3,419) is shown to generate 33.08 average daily VMT per service population, while the City of Lake Elsinore average daily VMT per service population is shown to be 36.29. Consistent with City Transportation Impact Analysis Guidelines, before a final determination can be made based on low VMT area screening, the traffic engineer should also review the underlying land use assumptions and associated socio-economic data (SED) contained in the low VMT generating TAZ to ensure the proposed Project’s land use is consistent with that of the low VMT generating TAZ. However, based on a review of the underlying SED contained within TAZ 3,419 there is 2,727 population (i.e., residential uses), 1 retail employee and 121 educational employees contained in the zone. The proposed Project does not appear to be consistent with the underlying land uses contained in the low VMT generating TAZ; therefore, Low VMT Area screening threshold is not met. Step 3: Project Type Screening The City Transportation Impact Analysis Guidelines describe that projects consisting of local-serving retail less than 50,000 square feet may be presumed to cause a less than significant impact absent substantial evidence to the contrary. Local serving retail generally improves the convenience of shopping close to home and has the effect of reducing vehicle travel. The proposed project consists of 13,200 square feet of shopping center use, a gasoline service station with a 3,400 square foot convenience market, 7,365 square feet of fast-food restaurant with drive-through window use, and an automated car wash tunnel and is assumed to be local serving. The project proposes local-serving retail less than 50,000 square feet; therefore, the Project Type Screening threshold is met and the project is assumed to have a less than significant impact with regards to VMT. Reference: DEIR Subsection 4.13.5. 4.2.12.3 Safety Hazards The Project would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment), and impacts would be less than significant. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 40 4.2.12.3.1 Mitigation No mitigation measures are required. 4.2.12.3.2 Finding/Facts in Support of the Finding The proposed project would have an internal circulation system and would also consist of a total of four (4) driveways, two (2) located along Mountain Street, and the other two (2) located along Lake Street. Other design features that include sight distance design requirements, access points, pedestrian and bicycle facilities would comply with all applicable City codes, policies and standards. During the City’s review process for the proposed project, the City of Lake Elsinore reviewed the proposed design plans to ensure that no hazardous roadway features would be implemented. The proposed project would not include any components that would result in incompatible uses on roadways, including heavy equipment, etc. Accordingly, the proposed project would not create or substantially increase safety hazards due to a geometric design feature or incompatible use. Impacts associated with this issue would be less than significant. Reference: DEIR Subsection 4.13.5. 4.2.12.4 Emergency Access Implementation of the proposed Project would not result in inadequate emergency access during construction activities, and impacts would be less than significant. 4.2.12.4.1 Mitigation No mitigation measures are required. 4.2.12.4.2 Finding/Facts in Support of the Finding The proposed project would have an internal circulation system and would also consist of a total of four (4) driveways, two (2) located along Mountain Street, and the other two (2) located along Lake Street. Other design features that include sight distance design requirements, access points, pedestrian and bicycle facilities would comply with all applicable City codes, policies and standards. During the City’s review of the proposed project, the City reviewed the proposed design plans to ensure that adequate emergency access would be available at the site. Accordingly, the proposed project would not result in inadequate emergency access during long-term operation of the Project and impacts would be less than significant. Due to temporary lane closures that may occur during the project’s construction phase, project-related construction activities may conflict with emergency access routes and access to nearby uses during frontage improvements along Lake Street and Mountain Street. Project-related construction traffic would be required to comply with a temporary traffic control plan that meets the applicable requirements of the California Manual on Uniform Traffic Control Devices. Although it is anticipated a less-than- significant impact would occur with the requirement to implement a temporary traffic control plan during construction, out of an abundance of caution, a significant impact is identified. Accordingly, near-term impacts to emergency access would be significant prior to mitigation. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 41 Reference: DEIR Subsection 4.13.5. 4.2.13 UTILITIES AND SERVICE SYSTEMS 4.2.13.1 Impacts due to Public Facilities The Project would not require or result in the relocation or construction of new or expanded water, wastewater treatment, or storm water drainage, electric power, natural gas, or telecommunication facilities, the construction or relocation of which could cause significant environmental effects. The Project also would not result in a determination by the wastewater treatment provider, which serves or may serve the project, that it has inadequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments. Impacts would be less than significant. 4.2.13.1.1 Mitigation No mitigation measures are required. 4.2.13.1.2 Finding/Facts in Support of the Finding No existing water or wastewater lines would be relocated or upsized as part of the project. The project would include the installation of water and wastewater lines within the project site, connecting to existing EVMWD water and wastewater facilities within Lake Street and Mountain Street. Installation of water and wastewater lines on the project site is considered an inherent component of the project’s construction process, and no significant impacts have been identified throughout this EIR specifically related to installation of the water and sewer lines. The project also would entail the installation of storm drain lines and a detention/water quality basin on the project site. Implementation of the project was determined to result in a hydraulic condition of concern due to the 16 percent increase in post development runoff. The excess runoff would be retained and filtered onsite via biofiltration with underdrain (Plump, 2019a). Installation of storm water and water quality infrastructure on the project site is considered an inherent component of the project’s construction process, and no significant impacts have been identified throughout this EIR specifically related to installation of the onsite drainage system. The project also would require the installation of natural gas lines that connect the project to the existing natural gas lines within Lake Street. The project would involve utility connections to provide electric power and telecommunications services to the project site. Installation of dry utilities on the project site is considered an inherent component of the Project’s construction process, and no significant impacts have been identified throughout this EIR specifically related to their installation. In summary, the installation of the utility and service system infrastructure improvements proposed by the Applicant would result in physical environmental impacts inherent in the Project’s construction process; however, these impacts have already been included in the analyses of construction-related effects presented throughout this EIR. In instances where the project’s construction phase would result in specific, significant impacts, feasible mitigation measures are provided. The construction of infrastructure necessary to serve the DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 42 project would not result in any significant physical effects on the environment that are not already identified and disclosed elsewhere in this this EIR. Based on the foregoing analysis, implementation of the proposed project would not result in a substantial adverse effect associated with the relocation or construction of new or expanded utility infrastructure and impacts are less than significant. Reference: DEIR Subsection 4.15.5. 4.2.13.2 Impacts due to Water Supplies The EVMWD would have the capacity to serve the Project and reasonably foreseeable future development during normal, dry, and multiple dry years, and impacts would be less than significant. 4.2.13.2.1 Mitigation No mitigation measures are required. 4.2.13.2.2 Finding/Facts in Support of the Finding EVMWD is responsible for supplying water to the project site. Implementation of the project would require water at a rate of 2,500 gallons per acre per day (City of Lake Elsinore, 2011b). As the project site is a total of approximately 6.07 acres, the project would require approximately 15,175 gallons of water per day. This is equivalent to approximately 5.54 million gallons of water per year, or approximately 17 acre-feet of water per year. As discussed in the EVMWD’s UWMP, water supplies are projected to exceed demand through 2040 under normal, historic single-dry and historic multiple-dry year conditions. Under each water planning scenario (normal year, single dry year, multiple dry years) EVMWD water supply is projected to exceed demand (EVMWD, 2016). EVMWD forecasts for projected water demand are based on the population projections of the Southern California Association of Governments (SCAG), which rely on adopted general plan land use maps land use designations. As the project is consistent with the existing land use designation, and a General Plan Amendment would not be required, buildout of the project site with commercial uses is previously considered in the SCAG population projections and the UWMP. As stated above, the EVMWD expects to have adequate water supplies to meet all its demands until at least 2040; therefore, sufficient water supplies available to serve the project from existing entitlements/resources and no new or expanded entitlements are needed. Based on the foregoing analysis, implementation of the proposed project would not result in a substantial adverse effect associated with water resources and impacts are less than significant. Reference: DEIR Subsection 4.15.5 DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 43 4.2.13.3 Impacts due to Wastewater treatment The EVMWD would have the capacity to serve the Project and reasonably foreseeable future development, and impacts would be less than significant. 4.2.13.3.1 Mitigation No mitigation measures are required. 4.2.13.3.2 Finding/Facts in Support of the Finding EVMWD is responsible for supplying wastewater services to the project site. Implementation of the project would generate wastewater at a rate of approximately 1,500 gallons per day per acre (City of Lake Elsinore, 2011). As the project site is a total of approximately 6.07 acres, the project would generate approximately 9,105 gallons of wastewater per day. The daily amount of wastewater generated would result in an annual generation of approximately 3.32 million gallons of wastewater per year that will be conveyed to the EVMWD Regional WRF, which is located in the City of Lake Elsinore. The Regional WRF currently has a capacity of 8 million gallons per day and has plans to expand its facilities by 4 million gallons per day to meet a capacity of 12 million gallons a day (EVMWD, 2020). The discharge rate of 9,105 gallons per day would utilize a nominal (approximately 0.003%) portion of the overall capacity of the Regional WRF. Based on the foregoing analysis, implementation of the proposed project would not result in a substantial adverse effect associated with wastewater generated by the project and impacts are less than significant. Reference: DEIR Subsection 4.15.5 4.2.13.4 Solid Waste Impacts The proposed Project would not generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. Impacts would be less than significant. 4.2.13.4.1 Mitigation No mitigation measures are required. 4.2.13.4.2 Finding/Facts in Support of the Finding During both construction and operation of the Project, the amount of solid waste generated by the Project would represent a nominal increase in the existing available disposal capacity of the Perris TS/MRF, the El Sobrante Landfill, the Badlands Landfill, and the Lamb Canyon Landfill. Thus, the Project would be served by a landfill with insufficient permitted capacity to accommodate the project’s solid waste disposal needs and impacts would be less than significant. Reference: DEIR Subsection 4.15.5 DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 44 4.2.13.5 Solid Waste Regulations and Requirements The Project would be required to comply with federal, state, and local management and reduction statutes and regulations related to solid waste, and impacts would be less than significant. 4.2.13.5.1 Mitigation No mitigation measures are required. 4.2.13.5.2 Finding/Facts in Support of the Finding Existing landfills that serve the Project site are required to comply with federal, state, and local statues and regulations related to solid waste. Compliance with federal, state, and local statutes and regulations would reduce the amount of solid waste generated by the Project and diverted to landfills, which in turn would aid in the extension of the life of affected disposal sites. The Project would comply with all applicable solid waste statutes and regulations; as such, impacts would be less than significant. Reference: DEIR Subsections 4.18.4 and 4.18.5. 4.3 FINDINGS REGARDING ENVIRONMENTAL IMPACTS WHICH CAN BE MITIGATED TO LEVEL OF LESS-THAN-SIGNIFICANT Environmental impacts identified in the DEIR as potentially significant but which the City finds can be mitigated to a level of less than significant through the imposition of feasible mitigation measures identified in the Final EIR and set forth herein, are described in this section. 4.3.1 BIOLOGICAL RESOURCES 4.3.1.1 Impacts to Sensitive Species Implementation of the Project would have a substantial adverse effect on 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 (CDFW) or U.S. Fish and Wildlife Service (USFWS). However, implementation of the required mitigation would reduce impacts to less-than-significant levels. 4.3.1.1.1 Mitigation The impact will be mitigated to less-than-significant levels with implementation of the following mitigation measures. BIO-1: Burrowing Owl Surveys. In accordance with MSHCP Objective 6, prior to issuance of grading permits or other permits authorizing ground disturbance, the project Applicant shall retain a qualified biologist to perform a pre-construction burrowing owl survey. The preconstruction burrowing owl survey shall occur within the Burrowing Owl Survey Area where suitable habitat is present within 30 days prior to project commencement of any ground disturbing activities at the project site. If active burrowing owl burrows are detected during the breeding season, all work within an appropriate buffer (typically a DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 45 minimum 300 feet) of any active burrow shall be halted until that nesting effort is finished. The on-site biologist shall review and verify compliance with these boundaries and shall verify the nesting effort has finished. Work can resume in the buffer when no other active burrowing owl burrows nests are found within the buffer area. If active burrowing owl burrows are detected outside the breeding season or during the breeding season and its determined nesting activities have not begun, then passive and/or active relocation may be approved following consultation with CDFW. The installation of one-way doors may be installed as part of a passive relocation program. Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when determined to be unoccupied, and back filled to ensure that animals do not re-enter the holes/dens. Upon completion of the survey and any follow- up construction avoidance management, a report shall be prepared and submitted to CDFW. A copy of the results of the pre-construction survey (and all additional surveys), as well as copies of the Burrowing Owl Management Plan, if required, shall be provided to the City of Lake Elsinore Planning Division for review and approval (in the case of the Burrowing Owl Management Plan) prior to any vegetation clearing and ground disturbance activities. BIO-2: Nesting Bird Pre-construction Surveys. In order to avoid violation of the federal MBTA and California Fish and Game Code, construction activities shall be avoided to the greatest extent possible during the nesting season (generally February 1 to August 31). If construction activities are to occur during the nesting season, a pre-construction nesting survey shall be conducted within three days prior to the commencement of construction (if between February 1 and August 31). 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 construction. If an active nest is observed, the nest location shall be fenced off surrounding an adequate radius buffer zone as determined by the biological monitor, to be at least 350 feet. The buffer zone shall not be disturbed until the nest is inactive. Biological monitoring shall occur during vegetation removal activities. 4.3.1.1.2 Finding/Facts in Support of the Finding Changes or alterations have been required in, or incorporated into, the proposed Project which mitigate or avoid the significant effects on the environment. Based upon the analysis presented in the DEIR and considering the information contained in the Record of Proceedings, the City Council hereby finds that Project activities could result in substantial adverse impacts on sensitive species. Specifically, the project site is located within the Western Riverside County MSHCP Burrowing Owl Survey Area and therefore has the potential to support burrowing owls. Burrowing Owl Surveys were conducted in 2005 pursuant to MSHCP requirements. No burrowing owl individuals or burrowing owl signs were observed during the four 2005 burrowing owl surveys, nor were any burrowing owl DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 46 individuals or signs observed during the on-site field surveys during 2006, 2008, and 2019. Though the potential for burrowing to inhabit the project site is low, the project would be required to conduct additional burrowing owl surveys prior to construction. Because burrowing owl and other nesting birds as migratory species, there is a potential that these animal species could migrate onto the site and be present at the time construction activity for the project commences. Absent mitigation, the project could potentially disturb burrowing owl and other nesting birds if construction activities were to occur during the burrowing owl breading season (March 1 to August 31) or during nesting season (February 1 through August 31). Accordingly, construction-related impacts to nesting birds and to burrowing owl would be significant if the species are present during construction activities. Implementation of Mitigation Measure Bio-1 and Mitigation Measure Bio-2 would reduce impacts to burrowing owl and other nesting birds on-site to less than significant by requiring pre-construction surveys and identifying protocols in the event construction activities are determined to impact any burrowing owl or nesting birds. Reference: DEIR Subsection 4.3.6. 4.3.1.2 Impacts to Riparian Habitat and Sensitive Natural Communities Implementation of the Project would have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. However, implementation of the required mitigation would reduce impacts to less-than-significant levels. 4.3.1.2.1 Mitigation The impact will be mitigated to less-than-significant levels with implementation of the following mitigation measures. BIO-3: MSHCP Guideline Implementation. 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: 1. Incorporate measures to control the quantity and quality of runoff from the site entering the MSHCP Conservation Area. In particular, measures shall be put in place to avoid discharge of untreated surface runoff from developed and paved areas into MSHCP Conservation Areas. Best Management Practices (BMPs) shall be implemented to prevent the release of toxins, chemicals, petroleum products, exotic plant materials, or other elements that might degrade or harm downstream biological resources or ecosystems. According to the MSHCP consistency analysis prepared for the project, the proposed project will incorporate a detention basin, grass swales, or mechanical trapping devices to filter runoff from the project site. 2. Land uses proposed in proximity to the MSHCP Conservation Area that use chemicals or generate bioproducts, such as manure, that are potentially toxic or may adversely affect wildlife species, habitat, or water quality shall incorporate measures to ensure that application of such chemicals does not result in discharge to the MSHCP Conservation Area. The greatest risk is from landscaping fertilization overspray and runoff. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 47 3. Night lighting shall be directed away from the MSHCP Conservation Area and the avoided area on site to protect species from direct night lighting. According to the MSHCP consistency analysis prepared for the project, the proposed project will direct night lighting away from the MSHCP Conservation Area and incorporate light shielding in the project designs to avoid excess ambient light from entering the MSHCP Conservation Area. 4. Proposed noise-generating land uses affecting the MSHCP Conservation Area, including designated avoidance areas, shall incorporate setbacks, berms, or walls to minimize the effects of noise on MSHCP Conservation Area resources pursuant to applicable rules, regulations, and guidelines related to land use noise standards. 5. Avoid use of invasive, non-native plant species listed in Table 6-2 of the MSHCP in approving landscape plans for the portions of the project that are adjacent to the MSHCP Conservation Area, including avoidance areas. Considerations in reviewing the applicability of this list shall include proximity of planting areas to the MSHCP Conservation Areas and designated avoidance areas, species considered in the planting plans, resources being protected within the MSHCP Conservation Area and their relative sensitivity to invasion, and barriers to plant and seed dispersal, such as walls, topography, and other features. According to the MSHCP consistency analysis prepared for the project, the proposed project landscape plans will avoid utilizing any species listed in Table 6-2 in the landscaping plans. 6. Proposed land uses adjacent to the MSHCP Conservation Area shall incorporate barriers, where appropriate, in individual project designs to minimize unauthorized public access, domestic animal predation, illegal trespass, or dumping into existing and future MSHCP Conservation Areas. Such barriers may include native landscaping, rocks/boulders, fencing, walls, signage, and/or other appropriate mechanisms. 7. Manufactured slopes associated with proposed site development shall not extend into the MSHCP Conservation Area. 8. Weed abatement and fuel modification activities are not permitted in the Conservation Area, including designated avoidance areas. BIO-4: MSHCP Construction Best Management Practices Implementation. Prior to the issuance of a grading permit, the Property Owner/Developer shall include a note on the plans that outlines the following Construction BMPs from Volume I, Appendix C of the MSHCP shown in italics, and specific requirements in plain text: Construction Best Management Practices: 1. A condition shall be placed on grading permits requiring a qualified biologist to conduct a training session for project personnel prior to grading. The training shall include a description of the species of concern and its habitats, the general provisions of the Endangered Species Act and the MSHCP, the need to adhere to the provisions of the Act and the MSHCP, the penalties associated with violating the provisions of the Endangered Species Act, the general measures that are being implemented to conserve the species of concern as they relate to the project, and the access routes to and project site boundaries within which the project activities must be accomplished. Prior to the issuance of a grading permit, the Property Owner/Developer shall retain a qualified DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 48 biologist to prepare and implement a Worker Environmental Awareness Program (WEAP) to train all project personnel prior to grading. The details of the training should be consistent with MSHCP Appendix C Standard BMP No. 1, the general provisions of the Endangered Species Act, include a detailed discussion of how to identify the potential special-status plant and animal species that may be encountered during ground disturbance and construction activities, and necessary actions to take if the species are observed on site. 2. Water pollution and erosion control plans shall be developed and implemented in accordance with RWQCB requirements. Prior to the issuance of a grading permit, the Property Owner/Developer shall submit to the City a project-specific Storm Water Pollution Prevention Plan (SWPPP) prior to initial ground disturbance. The project-specific SWPPP shall describe BMPs that will be implemented in pre-, during-, and post- construction phases. Examples of BMPs may include dust suppression BMPs, Low Impact Developments (LIDs) such as vegetated swales, and a spill response protocol. The SWPPP is a dynamic document that shall be amended when site conditions warrant changes to protect natural resources and prevent discharge of non-stormwater to neighboring parcels. The Qualified Stormwater Developer (QSD) shall develop and implement the SWPPP with site- specific BMPs to prevent/reduce the potential for erosion, sedimentation, and offsite discharge of non- stormwater in accordance with the Construction General Permit (CGP), National Pollutant Discharge Elimination System (NPDES) MS4 permit, and a 401 Water Quality Certification Permit (if applicable). The QSD shall provide training to the contractor for performing regular site inspections, and for pre-, during-, and post-storm events to ensure that BMPs are functioning as intended. 3. The footprint of disturbance shall be minimized to the maximum extent feasible. Access to sites shall be via pre-existing access routes to the greatest extent possible. Prior to the issuance of a grading permit, the Property Owner/Developer shall submit to the City a construction management plan that demonstrates that the construction footprint will remain within the limits of the current property boundary, site ingress/ egress will be limited to the least impactful location on the Project Site. Trackout (riprap, rumble strips) shall be installed to prevent tracking of sediment to public roadways. 4. The upstream and downstream limits of projects disturbance plus lateral limits of disturbance on either side of the stream shall be clearly defined and marked in the field and reviewed by the biologist prior to initiation of work. Prior to the issuance of a grading permit, the Property Owner/Developer shall submit to the City a construction management plan that the construction footprint will remain within the limits of the current property boundary, project site boundaries shall be clearly delineated with visible means (i.e. stakes, rope, flagging, snow fence, etc.). The contractor shall adhere to the measures and conditions in all environmental permits to protect Jurisdictional Waters of the United States. 5. Projects should be designed to avoid the placement of equipment and personnel within the stream channel or on sand and gravel bars, banks, and adjacent upland habitats used by target species of concern. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 49 The Habitat Assessment found that no habitat for target species was observed within the project boundaries. The project site does not contain stream channels, gravel bars, or streambanks. All project- related construction activities would occur within the property boundaries and no equipment or personnel would work outside the clearly identified project boundaries. 6. Projects that cannot be conducted without placing equipment or personnel in sensitive habitats should be timed to avoid the breeding season of riparian identified in MSHCP Global Species Objective No. 7. Prior to the issuance of a grading permit, the Property Owner/Developer shall retain a qualified wildlife biologist to monitor ground disturbance activities that would occur during the nesting season. The Habitat Assessment found that no sensitive habitats were observed within the project boundaries, including riparian habitat. The Construction Contractor shall take are to ensure that construction activities do not negatively impact potentially sensitive habitats or species surrounding the project site. Construction equipment and personnel shall be made aware of MSHCP Global Species Objective No. 7 as part of the WEAP training and would always remain within project site boundaries. 7. When stream flows must be diverted, the diversions shall be conducted using sandbags or other methods requiring minimal instream impacts. Silt fencing of other sediment trapping materials shall be installed at the downstream end of construction activity to minimize the transport of sediments off site. Settling ponds where sediment is collected shall be cleaned out in a manner that prevents the sediment from reentering the stream. Care shall be exercised when removing silt fences, as feasible, to prevent debris or sediment from returning to the stream. No water diversion activities are proposed during project activities. The Property Owner/Developer shall implement erosion and sediment control BMPs as identified in the Water Quality Management Plan (WQMP) throughout the project site to reduce/ prevent sediment impacts in pre-, during- and post-construction phases. Personnel would be educated during WEAP training as to the importance of preventing impacts to the Temescal Wash from construction activities. 8. Equipment storage, fueling, and staging areas shall be located on upland sites with minimal risks of direct drainage into riparian areas or other sensitive habitats. These designated areas shall be located in such a manner as to prevent any runoff from entering sensitive habitat. Necessary precautions shall be taken to prevent the release of cement or other toxic substances into surface waters. Project related spills of hazardous materials shall be reported to appropriate entities, including but not limited to applicable jurisdictional city, USFWS, CDFW, and SARWQCB, and shall be cleaned up immediately and contaminated soils removed to an approved disposal areas. Ongoing during construction and operation, all project activities shall occur within the property boundary. Equipment storage, fueling and staging areas shall be located outside any sensitive habitats and in areas with no risk of direct drainage into riparian areas and other sensitive habitats. All fuel storage tanks shall have secondary containment to retain fuel spills. The project site-specific SWPPP shall have BMPs designed to prevent the release of cement or other toxic substances into surface waters or bare soil, as required by the RWQCB. All potentially hazardous materials shall be stored appropriately on site away from sensitive habitats or Waters of the United States. Concrete washouts and active/inactive materials stockpiles shall have secondary containment BMPs to prevent the accidental release of hazardous substances to bare soil. The SWPPP is required to have a Spill Prevention Control and Countermeasure (SPCC) to describe necessary actions that should occur in the DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 50 event of a spill or release of potentially hazardous substances. Spills or releases of toxic substances greater than five gallons shall be reported to the RWQCB, DTSC, Local Municipalities, and/or federal agencies, as appropriate. 9. Erodible fill material shall not be deposited into water courses. Brush, loose soils, or other similar debris material shall not be stockpiled within the stream channel or on its banks. Materials stockpiles shall be located away from sensitive areas. Inactive materials stockpiles shall be covered and bermed to prevent windborne dust or accidental release. The SWPPP shall describe BMPs to prevent fugitive dust from migrating to neighboring parcels or the Temescal Wash. 10. The qualified project biologist shall monitor construction activities for the duration of the project to ensure that practicable measures are being employed to avoid incidental disturbance of habitat and species of concern outside the project footprint. Prior to the issuance of a grading permit, the Property Owner/Developer shall retain a qualified wildlife biologist to monitor ground disturbance activities to ensure that all measures to protect species on and off site are being implemented during construction activities, including burrowing owl surveys (Mitigation Measure BIO-1), and nesting bird surveys (Mitigation Measure BIO-2). Additional protective measures recommended by the qualified wildlife biologist shall be implemented as necessary by the Property Owner/Developer to avoid incidental disturbance of habitat and species of concern outside the project footprint. 11. The removal of native vegetation shall be avoided and minimized to the maximum extent practicable. Temporary impacts shall be returned to pre-existing contours and revegetated with appropriate native species. No clearing and grubbing of native vegetation would be anticipated during the project activities as the project site is almost entirely devoid of vegetation. 12. Exotic species that prey upon or displace target species of concern should be permanently removed from the site to the extent feasible. No exotic species were encountered during the project Habitat Assessment and none would be utilized in any revegetation efforts. The final landscaping design may incorporate native plant species; however, regular landscape maintenance shall prevent exotic, or noxious plant species from taking root on the Project Site. 13. To avoid attracting predators of the species of concern, the project site shall be kept as clean of debris as possible. All food related trash items shall be enclosed in sealed containers and regularly removed from the site(s). The SWPPP shall contain BMPs for trash storage and removal, including containment of sanitation facilities (e.g. portable toilets), and covering waste disposal containers at the end of every business day and before rain events. Trash cans shall have a fastenable lid to prevent animals from accessing or spreading trash onsite. The Project QSD should consult the MSHCP Appendix C Standard Best Management Practices, RWQCB recommendations, and any applicable environmental permit measures and conditions when developing the project SWPPP. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 51 14. Construction employees shall strictly limit their activities, vehicles, equipment, and construction materials to the proposed project footprint and designated staging areas and routes of travel. The construction area(s) shall be the minimal area necessary to complete the project and shall be specified in the construction plans. Construction limits will be fenced with orange snow screen. Exclusion fencing should be maintained until the completion of all construction activities. Employees shall be instructed that their activities are restricted to the construction areas. In accordance with the WEAP, all project activities would occur within the clearly delineated property boundaries. Construction activities shall be confined to the project footprint, and approved routes of travel shall be established, including ingress/egress points. Exclusion fencing shall be utilized throughout the project duration. 15. The Permittee shall have the right to access and inspect any sites of approved projects including any restoration/enhancement area for compliance with project approval conditions, including these BMPs. The Contractor shall allow the Permittee access to the construction site. All visitors shall check in with the Project Engineer (or Site Supervisor) prior to accessing the construction site and will be escorted within project boundaries during normal business hours when construction activities are occurring. 4.3.1.2.2 Finding/Facts in Support of the Finding Changes or alterations have been required in, or incorporated into, the proposed Project which mitigate or avoid the significant effects on the environment. Based upon the analysis presented in the DEIR and considering the information contained in the Record of Proceedings, the City Council hereby finds that Project activities could result in substantial adverse impacts to sensitive habitats. Specifically, in order to mitigate potential adverse effects on adjacent MSHCP Conservation Areas, Mitigation Measure BIO-3 would require implementation of guidelines contained in. Section 6.1.4 of the MSHCP. Mitigation Measure BIO-4 would require the Property Owner/Developer to comply with Construction Best Management Practices from Volume I, Appendix C of the MSHCP. With implementation of Mitigation Measures BIO-3 and BIO-4, potential impacts associated with adverse effects on riparian habitat or other sensitive natural community would be less than significant. Reference: DEIR Subsection 4.3.6. 4.3.1.3 Migratory Wildlife Corridors Implementation of the Project would have a substantial adverse effect on migratory species. However, implementation of the required mitigation would reduce impacts to less-than-significant levels. 4.3.1.3.1 Mitigation The impact will be mitigated to less-than-significant levels with implementation of Mitigation Measure Bio-1 and Mitigation Measure Bio-2, provided above. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 52 4.3.1.3.2 Finding/Facts in Support of the Finding Changes or alterations have been required in, or incorporated into, the proposed Project which mitigate or avoid the significant effects on the environment. Based upon the analysis presented in the DEIR and considering the information contained in the Record of Proceedings, the City Council hereby finds that Project activities could result in substantial adverse impacts to migratory species. Specifically, because burrowing owl and other nesting birds as migratory species, there is a potential that these animal species could migrate onto the site and be present at the time construction activity for the project commences. Absent mitigation, the project could potentially disturb burrowing owl and other nesting birds if construction activities were to occur during the burrowing owl breading season (March 1 to August 31) or during nesting season (February 1 through August 31). Accordingly, construction-related impacts to nesting birds and to burrowing owl would be significant if the species are present during construction activities. Implementation of Mitigation Measure BIO-1 and Mitigation Measure BIO-2 would reduce impacts to burrowing owl and other nesting birds on-site to less than significant by requiring pre- construction surveys and identifying protocols in the event construction activities are determined to impact any burrowing owl or nesting bird. Reference: DEIR Subsection 4.3.6. 4.3.1.4 Adopted Habitat Conservation Plan Implementation of the Project would have a substantial adverse effect on adopted habitat conservation plan. However, implementation of the required mitigation would reduce impacts to less-than-significant levels. 1. Mitigation The impact will be mitigated to less-than-significant levels with implementation of Mitigation Measure Bio- 1, Mitigation Measure Bio-2, Mitigation Measure Bio-3, and Mitigation Measure Bio-4 provided above. 4.3.1.4.1 Finding/Facts in Support of the Finding Changes or alterations have been required in, or incorporated into, the proposed Project which mitigate or avoid the significant effects on the environment. Based upon the analysis presented in the DEIR and considering the information contained in the Record of Proceedings, the City Council hereby finds that Project activities could result in substantial adverse impacts to an adopted habitat conservation plan. The Western Riverside County MSHCP is a comprehensive, multi- jurisdictional effort that includes unincorporated County of Riverside lands and multiple cities in the western portion of the County, including the City. Rather than address sensitive species on an individual basis, the MSHCP focuses on the conservation of 146 species, proposing a reserve system of approximately 500,000 acres and a mechanism to fund and implement the reserve system. The MSHCP allows participating entities to issue take permits for listed species so that individual applicants need not seek their own permits from USFWS and/or CDFW. The MSHCP was adopted on June 17, 2003 by the County Board of Supervisors. The Incidental Take Permit was issued by both the USFWS and CDFW on June 22, 2004. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 53 Pursuant to the provisions of the MSHCP, all discretionary development projects within a Criteria Area are to be reviewed for compliance with the “Property Owner Initiated Habitat Evaluation and Acquisition Negotiation Strategy” (LEAP) process or equivalent process. The LEAP process “ensures that an early determination will be ma de of what properties are needed for the MSHCP Conservation Area, that the owners of property needed for the MSHCP Conservation Area are compensated, and that owners of land not needed for the MSHCP Conservation Area shall receive Take Authorization of Covered Species Adequately Conserved through the Permits issues to the County and Cities pursuant to the MSHCP” (Riverside County, 2004). A formal and complete LEAP application (LEAP 2020-03) was submitted to the City on October 26, 2020 and a JPR (21-02-04-01) was completed by the RCA on June 1, 2021. Concurrence from CDFW and USFWS (collectively, the Wildlife Agencies) was received on June 11, 2021. A portion of the project site (5.79 acres) is located within Cell 4155. Conservation within this Cell will contribute to assembly of Proposed Core 1 (PC-1). Conservation within this Cell will focus on coastal sage scrub and chaparral habitat. Areas conserved within this Cell will be connected to coastal sage scrub habitat proposed for conservation in Cell Group T to the north and in Cell 4156 to the east. Conservation within this Cell will range from 20% to 30% of the Cell focusing in the northeastern portion of the Cell. Because of the location of the proposed project site outside of the area described for Conservation, and because the mid-range goal of Cell 4155 can be achieved, development of the proposed project would not impede the conservation goals for PC-1 nor result in issues relative to fragmentation. A portion of the project site (0.28-acre) is located within Cell 4156. Conservation within this Cell will contribute to assembly of Proposed Core 1 (PC-1). Conservation within this Cell will focus on coastal sage scrub and chaparral habitat. Areas conserved within this Cell will be connected to coastal sage scrub habitat proposed for conservation in Cell 4155 to the west and to coastal sage scrub and chaparral habitat proposed for conservation in Cell Group U to the north and in Cell 4157 to the east. Conservation within this Cell will range from 65% to 75% of the Cell focusing in the northeastern portion of the Cell. The proposed project site is located within the southwestern portion of the Cell, outside of the area described for Conservation and separated from PC-1 by a large housing development and covered roads. The 0.28-acre portion of proposed project that occurs in this Cell would not provide any functions and values to PC-1. The project has been reviewed for MSHCP consistency, including consistency with “Other Plan Requirements” that include Section 6.1.2 (Riverine/Riparian, Vernal Pools and Fairy Shrimp); Section 6.1.3 (Protection of Narrow Endemic Plant Species); Section 6.1.4 (Urban/Wildlands Interface Guidelines); and, Section 6.3.2 (Additional Survey Needs and Procedures) of the MSHCP. The MSHCP indicates that additional surveys may be needed for certain species in conjunction with MSHCP implementation in order to achieve coverage for these species. Surveys for the Burrowing Owl are required under this section for the project area in question; the surveys have been completed, indicating that the Burrowing Owl does not use this site. The property is not within a Criteria Area Species Survey Area (CASSA), and CASSA surveys are not required. It is also not within survey areas for amphibian species (MSHCP Figure 6-3) or mammal species (MSHCP Figure 6-5) and surveys for those species are not required. However, a narrow sliver on the eastern side of the project site, adjacent to Lake Street, is located in the survey area for burrowing owls. California Ground Squirrel (Spermophilus beecheyi) burrows that could serve as potential burrows for the Burrowing Owl are scarce in DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 54 all areas surveyed during the past 16 years. There are a few piles of brush and debris scattered about the site that could potentially serve as Burrowing Owl habitat. There is a culvert under Mountain Road adjacent to the southwest corner of the site. Both of these features are outside the required mapped survey area but, as was mentioned, all potential habitat in the original and present project area was assessed for Burrowing Owl habitat. All potential areas and their close environs were examined for such evidence of Burrowing Owl presence as molted feathers, cast pellets, prey remains, eggshell fragments, and excrement. There are several piles of spoil in an adjacent vacant lot, overgrown with tall weeds, off-site to the west. Other than this off-site area, no other evidence was observed on or within 500 feet of the site. Impacts to burrowing owl are not anticipated and the potential for impacts to occur would be further minimized through a pre-construction clearance survey for burrowing owl, as required per the MSHCP and included herein as Mitigation Measure BIO-1. Impacts to nesting birds protected under the MBTA would be avoided through implementation of Mitigation Measure BIO-2 which requires pre-construction surveys to be conducted if site-preparation activities are to occur during the nesting season (between February 1 and August 31). Reference: DEIR Subsection 4.3.6. 4.3.2 CULTURAL RESOURCES 4.3.2.1 Impacts to Historical and Archeological Resources Implementation of the proposed Project has the potential to cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5; however, impacts would be reduced to less-than- significant levels with implementation of the required mitigation. 4.3.2.1.1 Mitigation The impact will be mitigated with implementation of the following mitigation measures: CULT-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 disturbance activities, unanticipated cultural resources are discovered, the following procedures shall be followed: 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. The developer shall call the Community Development Director or their designee immediately upon discovery of the cultural resource to convene the meeting. 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. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 55 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. CULT-2: Archaeologist/CRMP. Prior to issuance of grading permits, the applicant/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 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: o 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. o 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. o Unanticipated Resources: In the event that previously unidentified potentially significant cultural resources are discovered, the Archaeological and/or Tribal Monitor(s) shall have the 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. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 56 o 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 grading final. The report shall follow 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. CULT-3: Cultural Resources Disposition: In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries: 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 by means of a deed restriction or other form of protection (e.g., conservation easement) in order to demonstrate avoidance in 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. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 57 CULT-4: Tribal Monitoring. Prior to the issuance of a grading permit, the applicant 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 applicant 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 Community Development Department, Planning Division prior to the issuance of a grading permit. The Agreement shall address the treatment of any known tribal cultural resources (TCRs) including the 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 determine the appropriate next steps, in consultation with the Project Archaeologist. CULT-5: 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. 4.3.2.1.2 Finding/Facts in Support of the Finding Changes or alterations have been required in, or incorporated into, the proposed Project which mitigate or avoid the significant effects on the environment. Based upon the analysis presented in the DEIR and considering the information contained in the Record of Proceedings, the City Council hereby finds that the Project has the potential to cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5. Specifically, the archaeological survey of the project site and subsequent historical research confirmed the elements of various structures constructed within the project site over several decades. The historical structures located on the project site have previously recorded and evaluated as not eligible for listing on the CRHR. Although the survey identified a cistern that had not been previously recorded, this addition did not affect the evaluation status of the historical sites. The two sites recorded within the project site (P-33-007208 and P-33-017352) do not possess the level of integrity or association with historical events or locally important individuals to meet the significance criteria under CEQA; therefore, no significant historical or archaeological resources are located on the project site. The recorded historic sites will be directly impacted by implementation of the project; however, these impacts are not significant as the affected resources are not significant. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 58 Based on the foregoing analysis, the archeological studies and the literature review, it is highly unlikely that archaeological resources exist on the project site; however, it is possible for unknown archaeological resources to be located on the project site. Therefore, the project shall implement Mitigation Measures CULT-1 through CULT-5. Implementation of CULT-1 through CULT-5 would reduce any potential impact to less than significant Reference: DEIR Subsection 4.4.5 4.3.2.2 Impacts to Human Remains and Cemeteries The Project has the potential to disturb human remains including those interred outside of formal cemeteries; however, impacts would be reduced to less-than-significant levels with implementation of the required mitigation. 4.3.2.2.1 Mitigation The impact will be mitigated with implementation of the following mitigation measures: CULT-6: Discovery of Human Remains. In the event that 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 activities within 100 feet of the find. The project applicant 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 and that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. If human remains are determined to be Native American, the applicant 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 will make the determination of most likely descendant(s). The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. In the event that the applicant and the MLD are in disagreement regarding the disposition of the remains. State law will apply and the mediation process will occur with the NAHC, if requested (see PRC Section 5097.98(e) and 5097.94(k)). 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). CULT-7: Non-Disclosure of Reburial Location. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254(r), parties, and Lead Agencies, will be asked to withhold public disclosure information DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 59 related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254(r). 4.3.2.2.2 Finding/Facts in Support of the Finding Changes or alterations have been required in, or incorporated into, the proposed Project which mitigate or avoid the significant effects on the environment. Based upon the analysis presented in the DEIR and considering the information contained in the Record of Proceedings, the City Council hereby finds that the Project has the potential to disturb human remains including those interred outside of formal cemeteries. The project site does not contain a cemetery and no known cemeteries are located within the immediate site vicinity. Field surveys conducted on the project site did not identify the presence of any human remains and no human remains are known to exist beneath the surface of the project site. Nevertheless, the remote potential exists that human remains may be unearthed during grading and excavation activities associated with project construction. Therefore, the project shall implement Mitigation Measures CULT-6 and CULT-7. Implementation of CULT-6 and CULT-7 would reduce any potential impact to less than significant. Reference: DEIR Subsection 4.4.5 4.3.3 GEOLOGY AND SOILS 4.3.3.1 Paleontological Resources The Project’s potential to directly or indirectly destroy a unique paleontological resource or site or unique geologic feature would represent a potentially significant impact. However, following the incorporation of mitigation impacts would be reduced to less-than-significant levels. 4.3.3.1.1 Mitigation The impact will be mitigated to less-than-significant levels with implementation of the following mitigation measures. GEO-1: Monitoring of mass grading and excavation activities in areas identified as likely to contain paleontological resources by a qualified paleontologist or paleontological monitor. Full-time monitoring of grading or excavation activities should be performed starting at a depth of 10 feet, or when Pleistocene-aged sediments are encountered during excavation activities, whichever is shallowest, in undisturbed areas of Quaternary (early to late Pleistocene) sedimentary deposits within the project boundaries. Paleontological monitors will be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor must be empowered to temporarily halt or divert equipment to allow for the removal of abundant or large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface or, if present, are determined by qualified paleontological personnel upon exposure and examination to have a low potential to contain or yield fossil resources. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 60 4.3.3.1.2 Finding/Facts in Support of the Finding Changes or alterations have been required in, or incorporated into, the proposed Project which mitigate or avoid the significant effects on the environment. Based upon the analysis presented in the DEIR and considering the information contained in the Record of Proceedings, the City Council hereby finds that Project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. According to the City’s General Plan (2011), the southwest portion of the project site has ‘Low Potential’ and the remaining northwest portion has ‘High A Potential’ to yield nonrenewable paleontological resources. The General Plan defines areas assigned with a High A “is based on geologic formations or mappable rock units that are known to contain or have the correct age and depositional conditions to contain significant paleontological resources. These include rocks of Silurian or Devonian age and younger that have potential to contain remains of fossil fish and Mesozoic and Cenozoic rocks that contain fossilized body elements, and trace fossils such as tracks, nests, and eggs” (City of Lake Elsinore, 2011). A Paleontological Assessment was prepared for the project (BSFA, 2020) and is included as EIR Appendix G. The assessment concluded that based on the nearby presence of mapped outcrops of Quaternary (early to late Pleistocene), Pauba Fanglomerate (Qpf), and alluvial sediments (Qoa), there is a potential for these sedimentary units to underlie the Holocene deposits mapped at the surface at the project. On the basis of this criterion, as well as the High A paleontological resource sensitivity locally assigned to these Pleistocene sediments (City of Lake Elsinore, 2011), and nearby large mammal fossil localities that typically occur in these types of Pleistocene deposits, implementation of the project would result in a potentially significant impact to paleontological resources. Therefore, the project would implement mitigation measure GEO-1 in order to reduce potential impacts to paleontological resources to less than significant. Reference: DEIR Subsection 4.6.5. 4.3.4 NOISE 4.3.4.1 Substantial Temporary or Permanent Ambient Noise Level Increases Implementation of the proposed Project has the potential to generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. However, implementation of the required mitigation would reduce impacts to less-than-significant levels. 4.3.4.1.1 Mitigation The impact will be mitigated with implementation of the following mitigation measures: NOI-1: The following practices shall be implemented by the project applicant during construction activities: • If R1 and R5 represents occupied residential use at the time of Project construction, install a minimum 12-foot high temporary construction noise barrier as shown on Exhibit ES-B, for the DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 61 duration of Project construction. The noise control barriers must have a solid face from top to bottom. The noise control barrier must meet the minimum height and be constructed as follows: o The temporary noise barrier shall provide a minimum transmission loss of 20 dBA (Federal Highway Administration, Noise Barrier Design Handbook). o The noise barrier shall be constructed using an acoustical blanket (e.g. vinyl acoustic curtains or quilted blankets) attached to the construction site perimeter fence or equivalent temporary fence posts. Example photos are provided in Appendix 10.2.; o The noise barrier must be maintained, and any damage promptly repaired. Gaps, holes, or weaknesses in the barrier or openings between the barrier and the ground shall be promptly repaired; o The noise control barrier and associated elements shall be completely removed, and the site appropriately restored upon the conclusion of the construction activity. • Prior to approval of grading plans and/or issuance of building permits, plans shall include a note indicating that noise-generating Project construction activities shall only occur between the hours of 7:00 a.m. to 7:00 p.m. daily, 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 by public service utilities or by variance issued by the City is prohibited. (LEMC, Section 17.176.08 (F). • During all Project site construction, the construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturers’ standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the Project site. The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receivers nearest the Project site during all Project construction activities (i.e., to the center). • The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment (between the hours of 7:00 a.m. to 7:00 p.m. daily, with no activity allowed on Sundays or holidays). The contractor shall design delivery routes to minimize the exposure of sensitive land uses or residential dwellings to delivery truck-related noise. • The contractor shall design delivery routes to minimize the exposure of sensitive land uses or residential dwellings to delivery truck-related noise. NOI-2: To satisfy the applicable local noise standards the project shall implement the following operational noise mitigation measures: • No car wash activities shall be permitted during the nighttime hours of 10:00 p.m. to 7:00 a.m. • Reduce the car wash air blower and dryer equipment noise by locating the equipment inside the tunnel and/or utilize sound rated air blower and dryer equipment measuring no more than 71 dBA L50 at 10 feet. • Incorporate parapet walls where appropriate • Incorporate on-site noise barriers, landscaping, or similar physical features that would act to generally attenuate noise emanating from the Project related noise sources. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 62 • If an outdoor speaker system is being used in conjunction with a Project, the outdoor speaker system shall be oriented away from sensitive receivers and the volume set at a level not readily audible past the property line. 4.3.4.1.2 Finding/Facts in Support of the Finding Changes or alterations have been required in, or incorporated into, the proposed Project which mitigate or avoid the significant effects on the environment. Based upon the analysis presented in the DEIR and considering the information contained in the Record of Proceedings, the City Council hereby finds that the Project has the potential to generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. Specifically, the Noise Impact Analysis, identified that the highest construction noise levels at the potentially impacted receiver locations are expected to approach 69.1dBA Lmax form mobile equipment. In addition, noise levels from stationary equipment are expected to reach 67.0dBA Lmax. These noise levels satisfy the LEMC construction noise standards of 75dBA Lmax for mobile equipment, however, it exceeds the noise level standard for stationary equipment of 60dBA Lmax. As shown in Table 4.11-19 – Unmitigated Construction Equipment Noise Level Compliance of the DEIR, the effected receivers would include R1 and R5. Through implementation of Mitigation Measure NOI-1, the proposed project will adhere to all mitigation measures outlined in Section 10.3.3 of the Noise Impact Analysis (Appendix L) regarding the reduction of construction noise. Therefore, with compliance with the LEMC and implementation of Mitigation Measure NOI-1, construction noise impacts would be less than significant. The Project operational noise sources are expected to range from 39.6 to 46.9dBA L50 at sensitive off-site sensitive receiver locations. Table 4.11-22 – Unmitigated Operational Noise Level Compliance of the DEIR, shows that the proposed project operational-source noise levels at potentially affected receivers exceed the City of Lake Elsinore daytime and nighttime exterior noise level standards without mitigations. These unmitigated project operation noise level impacts are considered to be potentially significant. However, through implementation of Mitigation Measure NOI-2, the proposed project will adhere to all mitigation measures outlined in Section 9.2.3 of the Noise Impact Analysis (Appendix L) regarding the reduction of operational noise. Therefore, with implementation of Mitigation Measure NOI-2, operational noise impacts would be less than significant. Reference: DEIR Subsection 4.11.5. 4.3.5 TRANSPORTATION AND TRAFFIC 4.3.5.1 Tribal Cultural Resources The Project’s potential to cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 63 Native American Tribe. However, following the incorporation of mitigation impacts would be reduced to less- than-significant levels. 4.3.5.1.1 Mitigation The impact will be mitigated to less-than-significant levels with implementation Mitigation Measures CULT- 1 through CULT-7. 4.3.5.1.2 Finding/Facts in Support of the Finding Changes or alterations have been required in, or incorporated into, the proposed Project which mitigate or avoid the significant effects on the environment. Based upon the analysis presented in the DEIR and considering the information contained in the Record of Proceedings, the City Council hereby finds that Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe. An archaeological records search for the project site and the area within a one-mile radius was conducted as part of the Phase I Cultural Resources Study prepared for the project. The records search identified 20 resources within one mile of the project site. Of the 20 resources, two (2) of the previously recorded resources (Sites P-33-007208 and P-33-017352) are located within the project site. These sites are described in detail in Section 4.4, Cultural Resources, of the DEIR. The archaeological survey of the project site and subsequent historical research confirmed the elements of various structures constructed within the project site over several decades. The historical structures located on the project site have previously recorded and evaluated as not eligible for listing on the CRHR. Although the survey identified a cistern that had not been previously recorded, this addition did not affect the evaluation status of the historical sites. The two sites recorded within the project site (P-33-007208 and P-33-017352) do not possess the level of integrity or association with historical events or locally important individuals to meet the significance criteria under CEQA; therefore, no significant historical or archaeological resources are located on the project site. The recorded historic sites will be directly impacted by implementation of the project; however, these impacts are not significant as the affected resources are not significant. Based on the foregoing analysis, the archeological studies and the literature review, it is highly unlikely that archaeological resources exist on the project site; however, it is possible for unknown archaeological resources to be located on the project site. Therefore, the project would implement Mitigation Measures CULT-1 and CULT-2. Implementation of CULT-1 and CULT-2 would reduce any potential impact to less than significant. As part of the mandatory AB 52 consultation process required by State law, the City sent notification to the Native American tribes with possible traditional or cultural affiliation to the area that previously requested consultation pursuant to AB 52 requirements. On March 4, 2020, the City sent notification letters of the proposed Project to the Agua Caliente Band of Cahuilla Indians, the Morongo Band of Mission Indians, the Pechanga Band of Luiseño Indians, the Rincon Band of Luiseño Indians, the Soboba Band of Luiseño Indians, and the Torres Martinez Desert Cahuilla Indians. Of the tribes sent notification letters, the Pechanga Band of DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 64 Luiseño Indians, the Rincon Band of Luiseño Indians, and the Soboba Band of Luiseño Indians requested consultation. As per standard City practice, the Pechanga Band of Luiseño Indians, the Rincon Band of Luiseño Indians, and the Soboba Band of Luiseño Indians were informed that the City would require implementation of their standard mitigation measure for tribal cultural resources (Mitigation Measures CULT-1 through CULT- 7). The City concluded consultation with the Rincon Band of Luiseño Indians on April 24, 2020 and within Soboba Band of Luiseno Indians on April 23, 2020. The AB 52 consultation is still ongoing with the Pechanga Band of Luiseño Indians. The City completed mandatory compliance with Public Resources Code § 21074 associated with the environmental review of the proposed project. Because the Project site has not been identified as a location that is known to contain significant tribal cultural resources and due to the previously disturbed condition of the project site it can be reasonably assured that implementation of the project would not affect tribal cultural resources. However, there is a remote potential that resources could be encountered during ground-disturbing construction activities that occur in native soil. Accordingly, there is a potential for significant impacts to occur if significant resources are discovered during the Project’s construction process. Implementation of Mitigation Measures CULT-1 through CULT-7 would ensure that impacts to tribal cultural resources are reduced to less than significant. Based on the foregoing analysis, implementation of the proposed project would not result in a substantial adverse effect on tribal cultural resources with implementation of Mitigation Measures CULT-1 through CULT-7. Reference: DEIR Subsection 4.6.5. 4.4 FINDINGS REGARDING ALTERNATIVES TO THE PROJECT CEQA requires that an EIR consider a reasonable range of feasible alternatives (State CEQA Guidelines, § 15126.6[a]). According to the State CEQA Guidelines, alternatives should be those that would attain most of the basic project objectives and avoid or substantially lessen one or more significant effects of the project (State CEQA Guidelines, § 15126.6). The “range of alternatives” is governed by the “rule of reason,” which requires the EIR to set forth only those alternatives necessary to permit an informed and reasoned choice by the lead agency and to foster meaningful public participation (State CEQA Guidelines, § 15126.6[f]). CEQA also requires the feasibility of alternatives be considered. CEQA Guidelines § 15126.6(f)(1) states that among the factors that may be taken into account in determining feasibility are: site suitability; economic viability; availability of infrastructure; general plan consistency; other plans and regulatory limitations; jurisdictional boundaries; and (when evaluating alternative project locations) whether the proponent can reasonably acquire, control, or otherwise have access to an alternative site. Furthermore, an EIR need not consider an alternative whose effects could not be reasonably identified, whose implementation is remote or speculative, or that would not achieve the basic project objectives. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 65 Pursuant to the provisions of the aforementioned sections of the State CEQA Guidelines, as amended, a range of feasible alternatives to the proposed Lake and Mountain Commercial Center is considered and evaluated in this EIR. The discussion in this chapter provides the following: 1. A description of the alternatives considered and rejected. 2. A description of the alternatives considered as feasible and evaluated herein. 3. Comparative analysis of each alternative that focuses on the potentially significant unavoidable environmental impacts of the proposed project. The purpose of this analysis is to determine whether alternatives are capable of eliminating or substantially reducing the project’s significant environmental impacts. 4. Conclusions regarding the ability of an alternative to: a) avoid or substantially lessen the significant unavoidable impacts of the project; b) the ability of an alternative to attain most of the basic project objectives; and c) the merits and feasibility of an alternative compared to the merits of the proposed project. The alternatives to the proposed project discussed in this EIR are: • No Project Alternative • Alternative 1: Alternative Site Plan Alternative 4.4.1 PROJECT OBJECTIVES The following project objectives have been established; they serve as a basis for comparing the alternatives, and for the evaluation of associated environmental impacts: • Develop a new commercial and retail center along an Arterial street and within close proximity to other major roadways in a location that will serve the local community within the City of Lake Elsinore. • Develop a project site of roughly 5 to 8 acres for commercial/retail uses, on a site where proposed development would be consistent with the existing General Plan land use and zoning designation, and in a manner that will fully utilize its development potential. • Develop a new retail and commercial center which will serve the local community. • Develop a project that will provide local employment opportunities and that will provide economic benefits to the community and City. • Develop a new commercial/retail center with sustainable project features that reduces project impacts on the environment. • Develop a cohesive commercial center that allows shoppers to enjoy eating facilities as well as shopping opportunities in one stop thereby reducing the number of traffic trips residents would take. 4.4.2 IMPACTS OF THE PROPOSED PROJECT As discussed throughout Section 4.0, Environmental Analysis of the DEIR, the proposed project would not result in significant adverse environmental effects that cannot be mitigated to below levels of significance after the implementation of project design features, mandatory regulatory requirements, and feasible mitigation measures. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 66 4.4.3 ALTERNATIVES CONSIDERED AND REJECTED An EIR is required to identify any alternatives that were considered by the Lead Agency but were rejected as infeasible. Among the factors described by CEQA Guidelines § 15126.6 in determining whether to exclude alternatives from detailed consideration in the EIR are: a) failure to meet most of the basic project objectives, b) infeasibility, or c) inability to avoid significant environmental impacts. With respect to the feasibility of potential alternatives to the proposed Project, CEQA Guidelines § 15126.6(f)(1) notes: “Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries…and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site…” In determining an appropriate range of alternatives to be evaluated in this EIR, a number of possible alternatives were initially considered and, for a variety of reasons, rejected. Alternatives were rejected because either: 1) they could not accomplish the basic objectives of the Project, 2) they would not have resulted in a reduction of significant adverse environmental impacts, and/or 3) they were considered infeasible to construct or operate. A summary of the alternatives that were considered buy rejected are described below. 4.4.3.1 Alternative Sites CEQA does not require that an analysis of alternative sites always be included in an EIR. However, if the surrounding circumstances make it reasonable to consider an alternative site then this alternative should be considered and analyzed in the EIR. In making the decision to include or exclude analysis of an alternative site, the “key question and first step in analysis is whether any of the significant effects of the project would be avoided or substantially lessened by putting the project in another location. Only locations that would avoid or substantially lessen any of the significant effects of the project need to be considered for inclusion in the EIR” (CEQA Guidelines § 15126.6(f) (2)). Development of the project at a different location would shift the Project’s near-term impacts to a different location, and it is likely that similar or more severe near-term impacts could occur at off-site locations due to the timing of implementation of the project. Additionally, the Applicant does not currently have ownership of any additional properties within the City and acquiring additional land for an alternative site would be economically infeasible. For these reasons, the City of Lake Elsinore finds that evaluation of an alternative site location is not required for the project because alternative site locations would not reduce or avoid the project’s significant environmental effects and would be infeasible for the Applicant 4.4.4 ALTERNATIVES UNDER CONSIDERATION 4.4.4.1 No Project Alternative The No Project Alternative considers no new development/disturbance on the project site. As such, the 6.07- acre project site would consist of undeveloped and vacant land that is routinely disced as part of ongoing fire abatement activities. Under this Alternative, no improvements would be made to the project site and none of the project’s roadway, utility, and other infrastructure improvements would occur. Under the No Project DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 67 Alternative, the project site would remain vacant and undeveloped, although it is expected that it would be developed at some time in the future consistent with the underlying general plan and zoning designations. The specific alternative development options at the project site in the foreseeable future are too speculative. This Alternative was selected by the City to compare the environmental effects of the proposed project with an alternative that would leave the Project site in its existing (i.e., post-reclamation) conditions, in conformance with CEQA Guidelines § 15126.6(e)(3)(B). 4.4.4.2 Alternative #1: Alternative Site Plan The alternative project would consist of a commercial/retail center that includes a quick-serve drive-thru restaurant, a convenience store, express car wash, and gas station land uses on a total of 6.07 acres (proposed lot size). The project site is designated General Commercial by the City of Lake Elsinore General Plan and it is zoned C-2 (General Commercial). As shown on Exhibit 6-1 of the DEIR, Alternative Site Plan, Alternative #1 will consist of a 3,400 s.f. C-Store (convenience store) with an attached 1,525 s.f. Quick-Serve Restaurant (QSR), 4,089 s.f. gas fueling canopy, a 3,150 s.f. express car wash, and a 17,500 s.f. retail building with drive-thru lane. This Alternative would provide vehicle ingress/egress along Mountain Street, in addition to two (2) additional ingress/egress along Lake Street. This three-access point to the site are proposed to be full-access. Parking has been accommodated throughout the site with approximately 170 parking stalls, including 11 ADA stalls, 20 vacuum stalls, and seven (7) electric vehicle charging stalls. Landscaping features will be incorporated along the boundary of the project site and in the interior of the site. Trees will provide shade to the alternative parking stalls and landscaping along the east and south side of the property will prevent flow runoff towards Lake Street and Mountain Street. Alternative #1 has also been designed with a bio filtration system designed to retain and treat a designated volume stormwater runoff that is located on the northern portion of the project site. 4.4.5 NO PROJECT ALTERNATIVE – IMPACT EVALUATION The No Project/No Build Alternative assumes that the proposed project is not developed. The project site would remain in its current condition and would remain vacant. 4.4.5.1 Aesthetics The No Project Alternative considers no development or disturbance on the project site beyond that which occurs under existing conditions. As such, the 6.07-acre site would remain undeveloped and vacant land that is routinely disced for fire abatement purposes. Thus, the project’s less-than-significant impacts to scenic vistas would be avoided under this Alternative. Although the project is not expected to degrade the existing visual character or quality of the site or its surroundings, implementation of the No Project Alternative would retain the areas visual character and impacts would be reduced in comparison to the project. There would be no new sources of light or glare under the No Project Alternative, and impacts associated with light and glare would be reduced in comparison to the proposed project. Impacts to aesthetics would be reduced under the No Project Alternative. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 68 4.4.5.2 Air Quality Under the No Project Alternative, no development would occur on the project site; therefore, there would be no potential sources of short-term (construction) or long-term (operational) emissions. There also would be no potential sources of construction-related odors associated with this Alternative. With respect to construction- related emissions, the No Project Alternative would avoid the project’s near-term construction-related less than significant impacts. Additionally, the NDA would avoid the project’s long-term operational-related less than significant impacts. Additionally, the less than significant odor impacts would be eliminated. Impacts to air quality would be reduced under the No Project Alternative. 4.4.5.3 Biological Resources The No Project Alternative would leave the project site in its existing (undeveloped/vacant) condition and no development would occur on the site. Thus, the No Project Alternative would avoid the project’s impacts to sensitive species, including burrowing owl, native bird nests, and bat species. Similar to the proposed project, the No Project Alternative would result in no impacts to riparian habitat or other sensitive species and federally or state protected wetlands. Additionally, the No Project Alternative would avoid the less than significant impacts due to potential conflicts with Chapter 5.116 of the Lake Elsinore Municipal Code (Palm Tree Preservation Policy) and the MSHCP. Impacts to biological resources would be reduced under the No Project Alternative. 4.4.5.4 Cultural Resources Under the No Project Alternative, no substantial changes nor disturbances would occur. As such, the No Project Alternative would avoid the project’s potentially significant but mitigable impacts to cultural resources. Impacts to cultural resources would be reduced under the No Project Alternative. 4.4.5.5 Energy Under the No Project Alternative, energy would not be consumed onsite as the project site is currently vacant and undeveloped. As such, the No Project Alternative would avoid the project’s less than significant impacts to energy resources. Impacts to energy resources would be reduced under the No Project Alternative. 4.4.5.6 Geology and Soils Under the No Project Alternative, no grading and/or earthmoving activities would occur and no structures would be constructed on the project site; therefore, there would be no potential to expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, strong seismic ground shaking, and/or seismic-related ground failure. Under this Alternative, on- or off-site landslide, lateral spreading, subsidence, liquefaction, collapse, soil instability, or expansive soils could occur as a result of natural forces; however, because no development would occur, there would be no structures located on a geologic unit or soil that is unstable. Since no grading activities would occur under the No Project Alternative and no cut and fill slopes would be created, hazards associated with unstable soils would not occur. No substantial changes to the site topography would occur under this Alternative, since it does not propose to alter the site from its current condition. Impacts to on- or off-site landslide, lateral spreading, subsidence, liquefaction, collapse, soil instability, and expansive soils would be reduced under the No Project Alternative. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 69 Under the No Project Alternative, because no development would occur, soil erosion and the loss of topsoil due to natural forces (wind and rain) would continue in the absence of regulations such as a NPDES, a SWPPP, and SCAQMD Rule 403, Fugitive Dust, which would regulate the project so that potential impacts associated with soil erosion and the loss of topsoil would be managed. Accordingly, any potential impacts associated with geology and soils, with the exception of soil erosion and the loss of topsoil that would occur as a result of natural processes, would be avoided under the No Project Alternative. Impacts associated with soil erosion and the loss of topsoil would be slightly increased under the No Project Alternative, but would remain less than significant. 4.4.5.7 Greenhouse Gas Emissions As noted in EIR Section 4.7, Greenhouse Gas Emissions, an individual project such as the project does not have the potential to result in direct and significant GHG-related impacts in the absence of cumulative sources of GHGs. Under the No Project Alternative, no development would occur on the project site; therefore, there would be no new potential sources of cumulative near-term or long-term GHG emissions. Accordingly, because no development would occur under this Alternative, the project’s less-than-significant impact would be avoided under this Alternative. Neither the No Project Alternative nor the Project would conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. Impacts due to GHGs would be reduced under the No Project Alternative. 4.4.5.8 Hazards and Hazardous Materials Because no development would occur under the No Project Alternatives, no potential impacts associated with the routine transport, use, or disposal of hazardous materials or foreseeable upset or accident conditions involving the release of hazardous materials into the environment, would occur. Although project impacts due to the emission of hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school (i.e., Terra Cotta High School), because no development would occur impacts to schools would be reduced under this alternative. The Project site is not listed on any list of hazardous materials sites compiled pursuant to Government Code Section 65962.5; therefore, neither the proposed project nor the No Project Alternative have the potential to result in impacts associated with hazardous materials sites. Neither the project nor the No Project Alternative would be inconsistent with an Airport Land Use Consistency Plan. Because the Project site is not identified as part of an emergency response plan or emergency evacuation plan, neither the NDA nor the Project would result in significant impacts due to impairment of evacuation or emergency plans. The Project site is located in an area identified to have a ‘Very High’ Fire Hazard Area according to the City’s General Plan (2011). Implementation of the proposed project would include development of structures within the project site and could expose more people and additional development to potentially significant hazards from wildfires. Under the No Project Alternative, there would be no structures developed on the project site; however, the site would require routine discing as part of fire abatement activities in order to reduce wildfire risk. Nonetheless, because the No Project Alternative would retain the site in its existing condition, the risk of the project site contributing to wildfire hazards in the area would be increased as compared to the proposed project. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 70 4.4.5.9 Hydrology and Water Quality Because no grading or development of the project site would occur under the No Project Alternative, no changes to existing hydrology and drainage conditions would occur. No storm water improvements would be constructed and rainfall would continue to exit the site as sheet flow, as occurs under existing conditions. Because this Alternative would not implement mandatory SWPPP and NPDES measures to reduce erosion and sedimentation, erosion and sedimentation would be greater under this Alternative. Accordingly, the proposed project’s potential impacts associated with hydrology and water quality, with the exception of uncontrolled erosion and sedimentation and its potential impacts on water quality, would be avoided under this Alternative. The No Project Alternative would allow for greater on-site groundwater recharge compared to the proposed project due to the reduction in impervious surfaces; therefore, the project’s less-than-significant impact due to groundwater recharge would be reduced under this alternative. The proposed project would install a comprehensive system of storm drain improvements and water quality retention basins that would convey storm water runoff off-site in a manner that would not cause substantial flooding on- or off-site, resulting in a reduction in peak flows from the project site. Thus, downstream erosion impacts would be reduced under the proposed project as compared to the No Project Alternative. Compared to the proposed project, the No Project Alternative also would increase impacts to the capacity of existing or planned storm water drainage systems as well as polluted runoff because it would not result in the storm drain improvements and water quality retention basins that are proposed by the project. Neither the proposed project nor the No Project Alternative would result in the construction of housing or structures within a mapped flood hazard area. Thus, impacts associated with housing or structures in flood plains would not occur under the No Project Alternative or the proposed project. 4.4.5.10 Land Use and Planning Under the No Project Alternative, as with the proposed project, there would be no applications for a General Plan Amendment, Change of Zone, Specific Plan Amendment, or Specific Plan; however, the No Project Alternative would not result in an impact associated with MSHCP compliance as there is no resulting alteration of the project site. Thus, the No Project Alternative would result in a reduced impact associated with MSHCP compliance. Neither the No Project Alternative nor the proposed project would have the potential to physically divide an established community. 4.4.5.11 Noise Under the No Project Alternative, no construction or development would occur on site. Thus, although the Project would result in less-than-significant impacts with mitigation to nearby sensitive receptors during both construction and operation, the No Project Alternative would not result in any noise increase and thus impacts due to the exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies would be avoided under this Alternative. Similarly, the project’s less-than-significant impacts due to ground borne vibration or ground borne noise levels would be avoided under this Alternative. There also would be no substantial permanent or DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 71 temporary increase in ambient noise levels in the project vicinity under the No Project Alternative, and would avoid the project’s less-than-significant impacts (with mitigation). The Project site is not located within two miles of any public or private airports. The project site is not located within any known Airport Influence Area or Airport Safety Zone for any public airports. Thus, neither the No Project Alternative nor the proposed Project would expose sensitive receptors to excessive aircraft-related noise. 4.4.5.12 Public Services The proposed project’s impacts to public services would be less than significant or have no impact. The No Project Alternative would not result in any new development within the project site, and would not result in any increase in demand for public services. Accordingly, the proposed project’s less-than-significant impacts associated with public services would be avoided under this Alternative. 4.4.5.13 Transportation Under the No Project Alternative, no new development would occur; therefore, no traffic impacts would occur. As a result, the project’s direct and cumulatively-considerable impacts to transportation would be avoided under the No Project Alternative. 4.4.5.14 Tribal Cultural Resources Under the No Project Alternative, no new ground disturbance would occur. As such, the No Project Alternative would avoid the project’s significant but mitigable impacts to Tribal Cultural Resources (TCRs) that may be buried beneath the site’s surface and that could be impacted during grading and ground-disturbing activities. No impact would occur under the No Project Alternative. 4.4.5.15 Utilities and Service Systems The proposed project’s impacts associated with utilities and service systems would be less than significant. Because no development would occur under the No Project Alternative, no potential impacts would occur associated with utilities and service systems. Accordingly, implementation of the No Project Alternative would avoid the proposed project’s less-than-significant impacts to utilities and service systems. 4.4.5.16 Wildfires The Project site is located in an area identified to have a ‘Very High’ Fire Hazard Area according to the City’s General Plan (2011). Implementation of the proposed project would include development of structures within the project site and would reduce wildfire risk due to installation of impervious surfaces and irrigated landscaping. Under the No Project Alternative, there would be no structures developed on the project site; however, the site would require routine discing as part of fire abatement activities in order to reduce wildfire risk. Nonetheless, because the No Project Alternative would retain the site in its existing condition, the risk of the project site contributing to wildfire hazards in the area would be increased as compared to the proposed project. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 72 4.4.5.17 Conclusion Implementation of the No Project Alternative would result in no physical environmental impacts beyond those that have historically occurred on the undeveloped and vacant property. Almost all effects of the proposed project would be avoided or lessened by the selection of this Alternative, although a few new impacts, such as sedimentation and wildfire impacts, would be increased under this Alternative. Because this Alternative would avoid almost all of the project’s impacts, it warrants consideration as the “environmentally superior alternative.” However, pursuant to CEQA Guidelines § 15126.6(e)(2), if a no project alternative is identified as the environmentally superior alternative,” then the EIR shall also identify an environmentally superior alternative among the other alternatives. Accordingly, Alternative #1, as discussed in subsection 6.5.2, is identified as the environmentally superior alternative. The No Project Alternative would fail to meet all the Project Objectives. The No Project Alternative would not develop a new commercial and retail center along an Arterial street and within close proximity to other major roadways in a location that will serve the local community within the City of Lake Elsinore. The No Project Alternative would not develop a project site of roughly 5 to 8 acres for commercial/retail uses, on a site where proposed development would be consistent with the existing General Plan land use and zoning designation, and in a manner that will fully utilize its development potential. The No Project Alternative would not develop a new retail and commercial center which will serve the local community. The No Project Alternative also would fail to develop a project that will provide local employment opportunities and that will provide economic benefits to the community and City. The No Project Alternative would fail develop a new commercial/retail center with sustainable project features that reduces project impacts on the environment. Finally, the No Project Alternative also would not develop a cohesive commercial center that allows shoppers to enjoy eating facilities as well as shopping opportunities in one stop thereby reducing the number of traffic trips residents would take. 4.4.6 ALTERNATIVE 1: ALTERNATIVE SITE PLAN The alternative project would consist of a commercial/retail center that includes a quick-serve drive-thru restaurant, a convenience store, express car wash, and gas station land uses on a total of 6.07 acres (proposed lot size). The project site is designated General Commercial by the City of Lake Elsinore General Plan and it is zoned C-2 (General Commercial). As shown on Exhibit 6-1 of the DEIR, Alternative Site Plan, Alternative #1 will consist of a 3,400 s.f. C-Store (convenience store) with an attached 1,525 s.f. Quick-Serve Restaurant (QSR), 4,089 s.f. gas fueling canopy, a 3,150 s.f. express car wash, and a 17,500 s.f. retail building with drive-thru lane. Implementation of Alternative #1 would result in a reduction of overall retail square footage compared to the proposed project by approximately 2,040 s.f. This amounts to an approximately 10 percent. Additionally, Alternative #1 proposes one drive-thru lane instead of two proposed under the project. 4.4.6.1 Aesthetics DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 73 Areas proposed for development under Alternative #1 would be identical to the proposed project, although there would be an approximate 10 percent reduction in retail square footage and elimination of one drive-thru lane under the Alternative #1. For both Alternative #1 and the proposed project, the project site would be converted from undeveloped land to a mixed-use community. Consistent with the findings for the proposed project, the Alternative #1 would not have a substantial adverse effect on a scenic vista, as views of regional scenic resources would continue to be available in the surrounding areas. As such, impacts to scenic vistas would be similar under the proposed Project and the Alternative #1, and would be less than significant. The project site is not visible from any officially-designated scenic highways. Both Alternative #1 and the proposed project would have similar less-than-significant impacts on any eligible facility because development of the project site would simply appear as a continuation of existing urban development patterns in the area. Both the design of the project and Alternative #1 would be subject to City review to ensure that the site is developed in a manner that is not visually offensive either on-site or within the context of surrounding uses and planned development. As such, impacts to visual character and quality would be similar under Alternative #1 and proposed project and would be less than significant. The project and Alternative #1 both would be subject to the lighting requirements set forth in the Lake Elsinore Municipal Code. Thus, impacts due to lighting and glare would be similar under the project and Alternative #1 and would be less than significant. 4.4.6.2 Air Quality Implementation of Alternative #1 would result in less construction activity overall due to the reduction in the retail square footage across the project site. Additionally, Alternative #1 would result in a reduction in operational emissions, associated with traffic, due to the elimination of one of the proposed drive-thru lanes. As such, Alternative #1 would result in a reduction in emissions of air quality pollutants as compared to the proposed project. Similar to the proposed project, Alternative #1 would result in a less than significant impact associated with South Coast Air Quality Management District (SCAQMD) Regional Thresholds for criteria pollutants. Areas proposed for grading under Alternative #1 would be similar to the proposed project. As such, both Alternative #1 and proposed project would result in similar less than significant emissions impacts during construction. With respect to other phases of construction, the RPA proposes reduced retail area as compared to the proposed project; therefore, air quality emissions associated with this phase of construction would be reduces as compared to the project. Nonetheless, both the project and Alternative #1 would result in less than significant emissions during construction. For long-term operation, Alternative #1 would result in a reduction in traffic as compared to the proposed project due to the reduction in retail square footage and the elimination of one drive-thru lane. As such, air quality emissions associated with Alternative #1 would be reduced in comparison to the proposed project. Nonetheless, both the project and Alternative #1 would result in less than significant emissions during long- term operation. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 74 As noted above, areas proposed for development are similar between the Alternative #1 and proposed project, and the same amount of grading would be required. Thus, both the Project and the RPA would result in less than significant localized air quality impacts during construction. Neither the project nor Alternative #1 would result in impacts due to odors during long-term operation or construction; thus, impacts would be less than significant and would be similar. 4.4.6.3 Biological Resources Areas proposed for physical disturbance by the Alternative #1 are identical to the proposed project. As such, the Alternative #1 and the proposed project would result in identical significant impacts to sensitive species, and mitigation would be required to reduce these impacts to below a level of significance. For both projects, implementation of mitigation measures BIO-1 and BIO-2 (specified in Section 4.3) would reduce impacts to sensitive species, including burrowing owl, native bird nests, and bat species. Neither the project nor Alternative #1 would result in impacts to riparian habitat or federally or state protected wetlands, or wildlife corridors. Under both Alternative #1 and the proposed project, the project Applicant would be required to comply with all applicable local policies and ordinances protecting biological resources, including the City’s palm tree preservation program (Chapter 5.116 of the Lake Elsinore Municipal Code) and the MSHCP. Impacts would be less than significant, and would be similar for both the Alternative #1 and the proposed project. 4.4.6.4 Cultural Resources Areas subject to physical disturbance by Alternative #1 would be identical to the proposed project. Both the project and Alternative #1 would impact two (2) previously recorded resources (Sites P-33-007208 and P-33- 017352) on the project site; however, both previously recorded resources were not determined significant pursuant to the criteria given in CEQA Guidelines § 15064.5. Also, there are no other known archaeological resources at the project site. Accordingly, the project and Alternative #1 would result in less-than-significant impacts to known significant historical resources. Regardless, there is a potential that historical resources may be buried beneath the surface of the site that meet the CEQA definition of a significant resource which could not be unearthed during the project’s construction process. If such resources are unearthed and are not properly identified and treated, the impact would be significant on both a direct and cumulative basis for both Alternative #1 and proposed project. With implementation of the mitigation measures identified in EIR Section 4.4, impacts would be reduced to less-than-significant levels. Additionally, there is a potential that archaeological resources may be buried beneath the surface of the site that meet the CEQA definition of a significant resource which could be unearthed during construction of the proposed project or Alternative #1. If such resources are unearthed and are not properly identified and treated, the impact would be significant. With implementation of the mitigation measures identified in EIR Section 4.4, impacts would be reduced to less-than-significant levels. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 75 The project site does not contain a cemetery and no known cemeteries are located within the immediate site vicinity. In the unlikely event that human remains are discovered during grading or other ground-disturbing activities associated with the project or Alternative #1, the project and Alternative #1 would be required to comply with the applicable provisions of California Health and Safety Code § 7050.5 and California Public Resources Code § 5097 et. seq. Mandatory compliance with State law would ensure that human remains, if encountered, are appropriately treated and would preclude the potential for significant impacts to human remains. 4.4.6.5 Energy Energy resources used within the site under Alternative #1 would be reduced compared to the project due to the reduction in retail space and the elimination of one drive-thru lane. As discussed in EIR Section 4.5, the proposed project would be compliant with CRR Title 24 Part 6: California’s Energy Efficiency Standards for Residential and Nonresidential Buildings. Additionally, the project was determined to be compliant with the City of Lake Elsinore Climate Action Plan to reduce local GHG emissions in accordance with State law, including energy consumption. Implementation of Alternative #1 would also be consistent with these plans and similar to the project would not result in the inefficient use of energy resources. Therefore, due to the reduced site intensity, Alternative #1 would result in a reduced less than significant impact with respect to energy resources compared to the proposed project. 4.4.6.6 Geology and Soils Construction and development characteristics associated with Alternative #1 are very similar to the proposed project. Both the project and the Alternative #1 would be subject to compliance with the project’s geotechnical study which would reduce any potential impacts associated with geology and soils to less than significant. Thus, both the Project and Alternative #1 would result in similar less-than-significant impacts associated with the exposure of people or structures to adverse effects, including loss, injury, or death as a result of strong seismic ground shaking, lateral spreading, liquefaction, and collapse. The project site has a “High Potential” to yield nonrenewable paleontological resources. As the project and Alternative #1 would impact the same ground area, both the project and Alternative #1 would result in similar impacts. Both the project and Alternative #1 would require implementation of mitigation measure GEO-1 in order to reduce impacts to paleontological resources to less than significant. 4.4.6.7 Greenhouse Gas Emissions Under Alternative #1, emissions of greenhouse gases (GHGs) would be reduced in comparison to the proposed project due to the reduction in retail building space and elimination of one drive-thru lane. As discussed in EIR Section 4.7, implementation of the project would result in less than significant impacts associated with GHG emissions; therefore, implementation of Alternative #1 would result in would result in a reduced less than significant impact compared to the project. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 76 4.4.6.8 Hazards and Hazardous Materials During construction and operation of both the project and Alternative #1, mandatory compliance with federal, state, and local regulations would reduce to less-than-significant levels impacts due to a significant hazard to the public or environment through the routine transport, use, or disposal of hazardous materials; however, because Alternative #1 would implement a reduced retail footprint and fewer vehicles due to the elimination of one drive-thru lane than the proposed project, potential impacts would be reduced under Alternative #1 in comparison to the proposed project. Under existing conditions, no hazards were found on the project site; thus, no impacts due to existing site contamination would occur under the project or Alternative #1. During construction and operation, mandatory compliance with federal, state, and local regulations would ensure that the project and Alternative #1 would not create a significant hazard to the public or the environment through accident conditions involving the release of hazardous materials. Thus, the project and Alternative #1 would not create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials in the environment. However, due to the reduction in retail building area and elimination of one drive-thru lane, Alternative #1 would have slightly reduced impacts in comparison to the proposed project. The project site is located approximately 0.25 mile north of Terra Cotta High School; however, impacts due to emitting hazardous emissions or handle hazardous materials within one-quarter mile of an existing or proposed school would be less than significant under both the project. Alternative #1 would result in reduced less than significant impact compared to the proposed project due to the reduction is retail building area and elimination of one drive-thru lane. The project site is not located on any list of hazardous materials sites compiled pursuant to Government Code § 65962.5. Accordingly, no impact would occur under Alternative #1 or the proposed project, and impacts would be similar. The project site is not within the Airport Influence Area for any airport in Riverside County. As such, neither the proposed project nor Alternative #1 would expose people residing or working in the area to safety hazards associated with public airports, and impacts would be less than significant and similar under both alternatives. Neither the project nor Alternative #1 would impair or physically interfere with an adopted emergency response plan or emergency evacuation plan. No emergency facilities exist on the project site, and the site does not serve as an emergency evacuation route and the project would be required to maintain access during construction. Thus, both the project and Alternative #1 would result in similar less-than-significant impacts. According to the City of Lake Elsinore General Plan, the project site is located within a ‘Very High’ Fire Hazard Area. As the project site is vacant and undeveloped, future development under both the project and Alternative #1 would be developed in a manner consistent with jurisdictional requirements for fire protection and would generally decrease the fire hazard in the local area. As such, impacts regarding wildland fires would be similar less than significant under both Alternative #1 and the proposed project. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 77 4.4.6.9 Hydrology and Water Quality With implementation of the BMPs from the SWPPP and the WQMP prepared for the project (which would also apply to Alternative #1) as well as implementation of the drainage plan for both the project and Alternative #1, impacts would be less than significant. Because areas proposed for development are similar, impacts under Alternative #1 and project would be similar. The project and Alternative #1 would have a reliable source of domestic water and would not require any new potable water wells that would directly extract groundwater. The project and Alternative #1 would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level, and the impact would be less than significant. However, because Alternative #1 would require less water than the proposed project due to the reduction in retail building area, impacts to groundwater would be reduced under Alternative #1 as compared to the proposed project. Implementation of the BMPs from the required SWPPP and the on-site drainage basins would ensure that construction and operation of the project and Alternative #1 would not result in substantial erosion or siltation on/or off-site or contribute runoff storm water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. Accordingly, impacts would be less than significant and would be similar under Alternative #1 and proposed project. With implementation of the drainage plan included as an applicable City Regulation, which would be similar under the project and Alternative #1, the project and Alternative #1 would result in the reduction of peak storm water discharge flows compared to existing conditions. Because the proposed project and Alternative #1 would be designed to attenuate post-development runoff from the site, runoff from the project and Alternative #1 would not substantially increase the rate or amount of surface runoff in downstream areas in a manner that would result in flooding on- or off-site. A less-than-significant impact would occur, and impacts would be similar under Alternative #1 and proposed project. Implementation of the project or Alternative #1 would not require construction or expansion of storm water drainage facilities that are not already addressed herein. Construction of the proposed storm drainage improvements is an integral component of the construction phase for both the project and Alternative #1, impacts for which have been evaluated throughout this subsection. In each case, impacts are found to be less than significant. There are no components of the on-site drainage improvements that would result in environmental effects not addressed in this EIR. Thus, a less-than-significant impact would occur under both the project and Alternative #1, and impacts would be similar. The FEMA FIRM for the project site indicates that the project site is not located within a special flood hazard area; therefore, neither the project nor Alternative #1 would result in potential impacts associated with placing housing or structures within a 100-year flood zone. Additionally, the project site was determined to be outside an area at risk of inundation. Impacts and would be similar under Alternative #1 and proposed project. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 78 4.4.6.10 Land Use and Planning The project and Alternative #1 would not physically disrupt or divide any established communities, and no impact would occur under either alternative. Additionally, under both the project and Alternative #1, the project site would be developed in compliance with the underlying General Plan designation and Zoning. Additionally, similar to the project, Alternative #1 would comply with the MSHCP requirements for the project site. Impacts due to a conflict with the land use designations and policies of the General Plan and other planning documents would be less than significant and would be similar under both Alternative #1 and proposed project. 4.4.6.11 Noise Both the project and Alternative #1 would result in construction-related noise levels that exceed the City of Lake Elsinore stationary construction equipment noise level standards; however, these impacts would be reduced to less-than-significant levels with implementation of the mitigation measures specified in EIR Subsection 4.11. Although Alternative #1 includes a reduction in the amount of retail square footage and the elimination of one drive-thru lane, it is assumed the construction noise impacts would be similar between the project and Alternative #1. Additionally, under the project and Alternative #1, operational noise levels affecting sensitive off-site receiver locations have the potential to exceed the nighttime exterior noise level standards established by General Plan Policy 7.1. Such impacts would be reduced to less-than-significant levels with implementation of the mitigation measures identified in EIR Subsection 4.11. However, due to the reduction in retail square footage and elimination of one drive-thru lane, such impacts would be reduced under Alternative #1 as compared to the proposed project. 4.4.6.12 Public Services With payment of mandatory DIF fees, potential direct and cumulatively-considerable impacts to the RCFD and LEPD under the project and Alternative #1 would be reduced to less-than-significant levels, and neither the project nor Alternative #1 would result in or require the construction of new fire or police protection facilities that could result in a significant impact to the environment. The project and Alternative #1 would result in similar impacts. Similar to the project, Alternative #1 would not have an impact on school, park, or other government facilities. 4.4.6.13 Transportation As discussed in EIR Section 4.14, the project result in less than significant to study area transportation facilities. Impacts associated with Alternative #1 would be reduced under as compared to the proposed project due to DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 79 the reduction in retail square footage and the elimination of one drive-thru lane. Therefore, Alternative #1 would result in a reduced less than significant impacts as compared to the project. As the project was determined to result in less than significant VMT impacts, Alternative #1 would result in a reduced less than significant impact, as compared to the project, due the reduction in retail square footage and the elimination of one drive-thru lane. Neither the proposed project nor Alternative #1 create or substantially increase safety hazards due to a design feature or incompatible use, and impacts would be less than significant and similar under both alternatives. Due to temporary lane closures that may occur during the construction phase for both the Project and Alternative #1, such construction activities may conflict with emergency access routes and access to nearby uses. Construction traffic would be required to comply with a temporary traffic control plan that meets the applicable requirements of the California Manual on Uniform Traffic Control Devices, as required by the mitigation specified in EIR Section 4.14. Because improvements under the Project and Alternative #1 would be similar, temporary construction-related impacts would be similar under both alternative. 4.4.6.14 Tribal Cultural Resources Areas proposed for disturbance under Alternative #1 would be identical to the proposed project. Although neither the project nor Alternative #1 would impact any known TCRs, both the project and Alternative #1 have the potential to impact TCRs that may be buried beneath the project site’s surface and that could be impacted during grading or ground-disturbing activities. As with the project, Alternative #1 would be subject to mitigation measures CULT-1 through CULT-5, which would ensure that grading and other ground-disturbing activities during construction are monitored by a qualified archaeologist as well as tribal monitors. The mitigation further requires the proper treatment of any resources that may be uncovered, and the avoidance of disturbance in areas where potential resources are uncovered. With implementation of the required mitigation, impacts would be reduced to less-than-significant levels under both Alternative #1 and proposed project, and the level of impact would be the same. 4.4.6.15 Utilities and Service Systems Neither the project nor Alternative #1 would exceed wastewater treatment requirements of the Santa Ana RWQCB. The EVMWD would provide wastewater treatment and collection services to the site, and the EVMWD is required to operate all of its treatment facilities in accordance with applicable waste treatment and discharge standards and requirements set forth by the RWQCB. Thus, a less-than-significant impact would occur under both Alternative #1 and proposed project, and impacts would be similar. Neither the project nor Alternative #1 would require or result in the construction of new water treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. Therefore, impacts due to water demand would be less than significant under both the project and DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 80 Alternative #1, although impacts would be reduced under Alternative #1 as compared to the project due to a reduction in retail square footage. During both construction and operation of the project or Alternative #1, the amount of solid waste generated be would represent a nominal increase in the existing available disposal capacity of the El Sobrante Landfill, the Badlands Landfill, and the Lamb Canyon Landfill. Thus, the project and Alternative #1 would be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs and impacts would be less than significant. However, due to the reduction in retail square footage and elimination of one drive-thru lane, Alternative #1 would result in reduced impacts as compared to the proposed project. The Project and Alternative #1 would be required to comply with all applicable solid waste statutes and regulations; as such, impacts would be less than significant under either alternative. Impacts associated with the construction of utility connections to provide electricity, natural gas, and telecommunication facilities service to the site are inherent to the construction phase, and have been evaluated herein. There are no components of the proposed utility connections that would result in significant environmental effects not already addressed herein. Accordingly, impacts under Alternative #1 and proposed project would be less than significant and would be similar. 4.4.6.16 Wildfires Construction and development characteristics associated with Alternative #1 are very similar to the proposed project. According to the City of Lake Elsinore General Plan, the project site is located within a ‘Very High’ Fire Hazard Area. As the project site is vacant and undeveloped, future development under both the project and Alternative #1 would be developed in a manner consistent with jurisdictional requirements for fire protection and would generally decrease the fire hazard in the local area. As such, impacts regarding wildland fires would be similar less than significant under both Alternative #1 and the proposed project. 4.4.6.17 Conclusion As compared to the proposed Project, the RPA would not result in increased impacts to any of the issue areas analyzed above, and would result in similar or decreased impacts to all of the issue areas analyzed above. Specifically, as compared to the proposed Project, the RPA would result in reduced impacts associated with air quality, greenhouse gas emissions, hazards/hazardous materials, hydrology/water quality (groundwater supplies), noise, population/housing, public services, recreation, transportation/traffic, and utilities/service systems. Impacts under the issues of aesthetics, biological resources, geology/soils, historic/archaeological resources, hydrology/water quality (for all but groundwater supplies), land use/planning, paleontological resources, and tribal cultural resources would be similar under the Project and the RPA. Alternative #1 generally would meet the Project Objectives, but less effectively than the proposed project due to the reduction in retail space and elimination of one drive-thru lane. Alternative #1 would be less effective in developing a new commercial and retail center along an Arterial street and within close proximity to other DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 81 major roadways in a location that will serve the local community within the City of Lake Elsinore. Both the project and Alternative #1 would develop a project site of roughly 5 to 8 acres for commercial/retail uses, on a site where proposed development would be consistent with the existing General Plan land use and zoning designation, and in a manner that will fully utilize its development potential. Both the project and Alternative #1 would develop a new retail and commercial center which will serve the local community. Alternative #1 would be less effective in providing local employment opportunities and that will provide economic benefits to the community and City. Both the project and Alternative #1 would develop a new commercial/retail center with sustainable project features that reduces project impacts on the environment. Finally, Alternative #1 would be less effective in developing a cohesive commercial center that allows shoppers to enjoy eating facilities as well as shopping opportunities in one stop thereby reducing the number of traffic trips residents would take. 5 CERTIFICATION OF THE FINAL EIR The City has reviewed and considered the Final EIR in evaluating the proposed Project. The City Council finds that the DEIR is an accurate and objective statement that fully complies with CEQA (California Public Resources Code, §§ 21000 et seq.), the State CEQA Guidelines, and the City’s Procedures for Implementing the State CEQA Guidelines; that the Final EIR reflects the independent judgment of the City; and that no new significant impacts as defined by State CEQA Guidelines § 15088.5 have been identified by the City after circulation of the DEIR which would require recirculation. The City Council certifies the Environmental Impact Report based on the following findings and conclusions: 5.1 FINDINGS AND CONCLUSIONS 1. All significant environmental impacts from the implementation of the proposed Project have been identified in the DEIR and will be mitigated to less-than-significant levels with implementation of the identified mitigation measures. 2. Other reasonable alternatives to the proposed Project that could feasibly achieve most of the basic objectives of the project have been considered. Some of the alternatives were feasible but did not meet the Project objectives; others met the Project objectives but fail to develop a new commercial/retail center with sustainable project features that reduces project impacts on the environment, provide local employment opportunities, and that will provide economic benefits to the community and City. Since the alternatives considered did not meet the project objectives, the alternatives are rejected in favor of the proposed Project. 6 ADOPTION OF MITIGATION AND MONITORING REPORTING PROGRAM DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 82 (MMRP) Pursuant to Public Resources Code section 21081.6, the City as the Lead Agency hereby adopts the Mitigation and Monitoring Program (MMRP) attached to these Findings. In the event of any inconsistencies between the mitigation measures as set forth herein and the Mitigation, Monitoring, and Reporting Program, the Mitigation, Monitoring, and Reporting Program shall control. 7 APPROVAL OF THE PROJECT Based on the entire record before the City, including the above Findings and Statement of Overriding Considerations and all written and oral evidence presented to the City, the City as the Lead Agency hereby approves the Project with all the Mitigation Measures and the Mitigation Monitoring Program, as set forth in these findings. 8 LOCATION AND CUSTODIAN OF RECORD For purposes of CEQA and these Findings, the Record of Proceedings for the Project consists of, among other documents, the following documents: • The August 28, 2020 Notice of Preparation (NOP) issued by the City in conjunction with the proposed Project. • All comments and correspondence submitted by public agencies and members of the public during the NOP public review period. (August 28, 2020 to September 28, 2020) • The July 2021 DEIR, including appendices and technical studies included or referenced in the July 2021 DEIR. • All comments submitted by agencies or members of the public during the 45-day public comment period on the DEIR which began July 2, 2021. • The Final EIR • All comments and correspondence submitted to the City with respect to the proposed Project and EIR during public hearings held before the City Planning Commission and City Council. • The mitigation monitoring and reporting program (MMMP) for the proposed Project. • All findings and resolutions adopted by the City decision makers in connection with the proposed Project, and all documents cited or referred to therein. • All reports, studies, memoranda, maps, staff reports, or other planning documents related to the proposed Project. • All documents and information submitted to the City by responsible, trustee, or other public agencies, or by individuals or organizations, in connection with the proposed Project and/or the July 2021 DEIR through the date the City Council approved the proposed Project. • Matters of common knowledge to the City, including, but not limited to federal, state, and local laws and regulations. • Any documents expressly cited in these findings, in addition to those cited above. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT CEQA FINDINGS OF FACT Lead Agency: City of Lake Elsinore SCH No. 2020080538 Page 83 • Any other materials required to be in the Record of Proceedings by Public Resources Code § 21167.6, Subdivision (e). The custodian of the record of proceedings is the City of Lake Elsinore Community Development Department, Planning Division, whose office is located at 130 South Main Street, Lake Elsinore, CA 92530. The City has relied on all of the documents listed above in reaching its decision on the proposed Project, even if every document was not formally presented to the City Council decision-makers as part of the City’s files generated in connection with the proposed Project. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 Lake and Mountain Commercial Center Project Page | 1 MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program (MMRP) identifies mitigation measures incorporated into the Environmental Impact Report (EIR) for the Lake and Mountain Commercial Center Project (Project). For each mitigation measure, the MMRP identifies the mitigation measure, the implementation entity, the timing for implementation, and the date of completion with sign-off for verification purposes. MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Implementation Entity Timing for Implementation Date of Completion/ Initials Biological Resources BIO-1 Burrowing Owl Surveys. In accordance with MSHCP Objective 6, prior to issuance of grading permits or other permits authorizing ground disturbance, the project Applicant shall retain a qualified biologist to perform a pre- construction burrowing owl survey. The pre-construction burrowing owl survey shall occur within the Burrowing Owl Survey Area where suitable habitat is present within 30 days prior to project commencement of any ground- disturbing activities at the project site. If active burrowing owl burrows are detected during the breeding season, all work within an appropriate buffer (typically a minimum 300 feet) of any active burrow shall be halted until that nesting effort is finished. The on-site biologist shall review and verify compliance with these boundaries and shall verify the nesting effort has finished. Work can resume in the buffer when no other active burrowing owl burrows nests are found within the buffer area. If active burrowing owl burrows are detected outside the breeding season or during the breeding season and its determined nesting activities have not begun, then passive and/or active relocation may be approved following consultation with CDFW. The installation of one-way doors may be installed as part of a passive relocation program. Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when determined to Project Proponent/ Construction Contractor/ Biologist Prior to Construction (at least 30 days prior to project commencement) DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 Lake and Mountain Commercial Center Project Page | 2 Mitigation Measure Implementation Entity Timing for Implementation Date of Completion/ Initials be unoccupied, and back filled to ensure that animals do not re-enter the holes/dens. Upon completion of the survey and any follow-up construction avoidance management, a report shall be prepared and submitted to CDFW. A copy of the results of the pre-construction survey (and all additional surveys), as well as copies of the Burrowing Owl Management Plan, if required, shall be provided to the City of Lake Elsinore Planning Division for review and approval (in the case of the Burrowing Owl Management Plan) prior to any vegetation clearing and ground disturbance activities. BIO-2 Nesting Bird Pre-construction Surveys. In order to avoid violation of the federal MBTA and California Fish and Game Code, construction activities shall be avoided to the greatest extent possible during the nesting season (generally February 1 to August 31). If construction activities are to occur during the nesting season, a pre- construction nesting survey shall be conducted within three days prior to the commencement of construction (if between February 1 and August 31). 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 construction. If an active nest is observed, the nest location shall be fenced off surrounding an adequate radius buffer zone as determined by the biological monitor, to be at least 350 feet. The buffer zone shall not be disturbed until the nest is inactive. Biological monitoring shall occur during vegetation removal activities. Project Proponent/ Construction Contractor/ Biologist No More than Three (3) Days Prior to Construction DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 Lake and Mountain Commercial Center Project Page | 3 Mitigation Measure Implementation Entity Timing for Implementation Date of Completion/ Initials BIO-3 MSHCP Guideline Implementation. 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: 1. Incorporate measures to control the quantity and quality of runoff from the site entering the MSHCP Conservation Area. In particular, measures shall be put in place to avoid discharge of untreated surface runoff from developed and paved areas into MSHCP Conservation Areas. Best Management Practices (BMPs) shall be implemented to prevent the release of toxins, chemicals, petroleum products, exotic plant materials, or other elements that might degrade or harm downstream biological resources or ecosystems. According to the MSHCP consistency analysis prepared for the project, the proposed project will incorporate a detention basin, grass swales, or mechanical trapping devices to filter runoff from the project site. 2. Land uses proposed in proximity to the MSHCP Conservation Area that use chemicals or generate bioproducts, such as manure, that are potentially toxic or may adversely affect wildlife species, habitat, or water quality shall incorporate measures to ensure that application of such chemicals does not result in discharge to the MSHCP Conservation Area. The greatest risk is from landscaping fertilization overspray and runoff. 3. Night lighting shall be directed away from the MSHCP Conservation Area and the avoided area on site to protect species from direct night lighting. According to the MSHCP consistency analysis prepared for the project, the proposed project will direct night lighting away from the MSHCP Conservation Area and incorporate light shielding in the project designs to avoid excess ambient light from entering the MSHCP Conservation Area. 4. Proposed noise-generating land uses affecting the MSHCP Conservation Area, including designated avoidance areas, shall incorporate setbacks, berms, or walls to minimize the effects of noise on MSHCP Conservation Project Proponent/ Construction Contractor/ Biologist Final Design Phase/Prior to Construction DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 Lake and Mountain Commercial Center Project Page | 4 Mitigation Measure Implementation Entity Timing for Implementation Date of Completion/ Initials Area resources pursuant to applicable rules, regulations, and guidelines related to land use noise standards. 5. Avoid use of invasive, non-native plant species listed in Table 6-2 of the MSHCP in approving landscape plans for the portions of the project that are adjacent to the MSHCP Conservation Area, including avoidance areas. Considerations in reviewing the applicability of this list shall include proximity of planting areas to the MSHCP Conservation Areas and designated avoidance areas, species considered in the planting plans, resources being protected within the MSHCP Conservation Area and their relative sensitivity to invasion, and barriers to plant and seed dispersal, such as walls, topography, and other features. According to the MSHCP consistency analysis prepared for the project, the proposed project landscape plans will avoid utilizing any species listed in Table 6- 2 in the landscaping plans. 6. Proposed land uses adjacent to the MSHCP Conservation Area shall incorporate barriers, where appropriate, in individual project designs to minimize unauthorized public access, domestic animal predation, illegal trespass, or dumping into existing and future MSHCP Conservation Areas. Such barriers may include native landscaping, rocks/boulders, fencing, walls, signage, and/or other appropriate mechanisms. 7. Manufactured slopes associated with proposed site development shall not extend into the MSHCP Conservation Area. 8. Weed abatement and fuel modification activities are not permitted in the Conservation Area, including designated avoidance areas. BIO-4 MSHCP Construction Best Management Practices Implementation. Prior to the issuance of a grading permit, the Property Owner/Developer shall include a note on the plans that outlines the following Construction BMPs from Volume I, Appendix C of the MSHCP shown in italics, and specific requirements in plain text: Construction Best Management Practices: Project Proponent/ Construction Contractor/ Biologist Final Design Phase/Prior to Construction DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 Lake and Mountain Commercial Center Project Page | 5 Mitigation Measure Implementation Entity Timing for Implementation Date of Completion/ Initials 1. A condition shall be placed on grading permits requiring a qualified biologist to conduct a training session for project personnel prior to grading. The training shall include a description of the species of concern and its habitats, the general provisions of the Endangered Species Act and the MSHCP, the need to adhere to the provisions of the Act and the MSHCP, the penalties associated with violating the provisions of the Endangered Species Act, the general measures that are being implemented to conserve the species of concern as they relate to the project, and the access routes to and project site boundaries within which the project activities must be accomplished. Prior to the issuance of a grading permit, the Property Owner/Developer shall retain a qualified biologist to prepare and implement a Worker Environmental Awareness Program (WEAP) to train all project personnel prior to grading. The details of the training should be consistent with MSHCP Appendix C Standard BMP No. 1, the general provisions of the Endangered Species Act, include a detailed discussion of how to identify the potential special-status plant and animal species that may be encountered during ground disturbance and construction activities, and necessary actions to take if the species are observed on site. 2. Water pollution and erosion control plans shall be developed and implemented in accordance with RWQCB requirements. Prior to the issuance of a grading permit, the Property Owner/Developer shall submit to the City a project-specific Storm Water Pollution Prevention Plan (SWPPP) prior to initial ground disturbance. The project-specific SWPPP shall describe BMPs that will be implemented in pre-, during-, and post-construction phases. Examples of BMPs may include dust suppression BMPs, Low Impact Developments (LIDs) such as vegetated swales, and a spill response protocol. The SWPPP is a dynamic document that shall be amended DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 Lake and Mountain Commercial Center Project Page | 6 Mitigation Measure Implementation Entity Timing for Implementation Date of Completion/ Initials when site conditions warrant changes to protect natural resources and prevent discharge of non-stormwater to neighboring parcels. The Qualified Stormwater Developer (QSD) shall develop and implement the SWPPP with site-specific BMPs to prevent/reduce the potential for erosion, sedimentation, and offsite discharge of non- stormwater in accordance with the Construction General Permit (CGP), National Pollutant Discharge Elimination System (NPDES) MS4 permit, and a 401 Water Quality Certification Permit (if applicable). The QSD shall provide training to the contractor for performing regular site inspections, and for pre-, during-, and post-storm events to ensure that BMPs are functioning as intended. 3. The footprint of disturbance shall be minimized to the maximum extent feasible. Access to sites shall be via pre-existing access routes to the greatest extent possible. Prior to the issuance of a grading permit, the Property Owner/Developer shall submit to the City a construction management plan that demonstrates that the construction footprint will remain within the limits of the current property boundary, site ingress/ egress will be limited to the least impactful location on the Project Site. Trackout (riprap, rumble strips) shall be installed to prevent tracking of sediment to public roadways. 4. The upstream and downstream limits of projects disturbance plus lateral limits of disturbance on either side of the stream shall be clearly defined and marked in the field and reviewed by the biologist prior to initiation of work. Prior to the issuance of a grading permit, the Property Owner/Developer shall submit to the City a construction management plan that the construction footprint will remain within the limits of the current property boundary, project site boundaries shall be clearly delineated with visible means (i.e. stakes, rope, flagging, snow fence, etc.). The contractor shall adhere to the measures and conditions in all DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 Lake and Mountain Commercial Center Project Page | 7 Mitigation Measure Implementation Entity Timing for Implementation Date of Completion/ Initials environmental permits to protect Jurisdictional Waters of the United States. 5. Projects should be designed to avoid the placement of equipment and personnel within the stream channel or on sand and gravel bars, banks, and adjacent upland habitats used by target species of concern. The Habitat Assessment found that no habitat for target species was observed within the project boundaries. The project site does not contain stream channels, gravel bars, or streambanks. All project- related construction activities would occur within the property boundaries and no equipment or personnel would work outside the clearly identified project boundaries. 6. Projects that cannot be conducted without placing equipment or personnel in sensitive habitats should be timed to avoid the breeding season of riparian identified in MSHCP Global Species Objective No. 7. Prior to the issuance of a grading permit, the Property Owner/Developer shall retain a qualified wildlife biologist to monitor ground disturbance activities that would occur during the nesting season. The Habitat Assessment found that no sensitive habitats were observed within the project boundaries, including riparian habitat. The Construction Contractor shall take are to ensure that construction activities do not negatively impact potentially sensitive habitats or species surrounding the project site. Construction equipment and personnel shall be made aware of MSHCP Global Species Objective No. 7 as part of the WEAP training and would always remain within project site boundaries. 7. When stream flows must be diverted, the diversions shall be conducted using sandbags or other methods requiring minimal instream impacts. Silt fencing of other sediment trapping materials shall be installed at the downstream end of construction activity to minimize the transport of sediments off site. Settling ponds where sediment is collected shall be cleaned out in a manner that prevents the sediment from reentering DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 Lake and Mountain Commercial Center Project Page | 8 Mitigation Measure Implementation Entity Timing for Implementation Date of Completion/ Initials the stream. Care shall be exercised when removing silt fences, as feasible, to prevent debris or sediment from returning to the stream. No water diversion activities are proposed during project activities. The Property Owner/Developer shall implement erosion and sediment control BMPs as identified in the Water Quality Management Plan (WQMP) throughout the project site to reduce/ prevent sediment impacts in pre-, during- and post-construction phases. Personnel would be educated during WEAP training as to the importance of preventing impacts to the Temescal Wash from construction activities. 8. Equipment storage, fueling, and staging areas shall be located on upland sites with minimal risks of direct drainage into riparian areas or other sensitive habitats. These designated areas shall be located in such a manner as to prevent any runoff from entering sensitive habitat. Necessary precautions shall be taken to prevent the release of cement or other toxic substances into surface waters. Project related spills of hazardous materials shall be reported to appropriate entities, including but not limited to applicable jurisdictional city, USFWS, CDFW, and SARWQCB, and shall be cleaned up immediately and contaminated soils removed to an approved disposal areas. Ongoing during construction and operation, all project activities shall occur within the property boundary. Equipment storage, fueling and staging areas shall be located outside any sensitive habitats and in areas with no risk of direct drainage into riparian areas and other sensitive habitats. All fuel storage tanks shall have secondary containment to retain fuel spills. The project site-specific SWPPP shall have BMPs designed to prevent the release of cement or other toxic substances into surface waters or bare soil, as required by the RWQCB. All potentially hazardous materials shall be stored appropriately on site away from sensitive habitats or Waters of the United States. Concrete washouts and active/inactive materials stockpiles shall have secondary containment BMPs to prevent the accidental release of DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 Lake and Mountain Commercial Center Project Page | 9 Mitigation Measure Implementation Entity Timing for Implementation Date of Completion/ Initials hazardous substances to bare soil. The SWPPP is required to have a Spill Prevention Control and Countermeasure (SPCC) to describe necessary actions that should occur in the event of a spill or release of potentially hazardous substances. Spills or releases of toxic substances greater than five gallons shall be reported to the RWQCB, DTSC, Local Municipalities, and/or federal agencies, as appropriate. 9. Erodible fill material shall not be deposited into water courses. Brush, loose soils, or other similar debris material shall not be stockpiled within the stream channel or on its banks. Materials stockpiles shall be located away from sensitive areas. Inactive materials stockpiles shall be covered and bermed to prevent windborne dust or accidental release. The SWPPP shall describe BMPs to prevent fugitive dust from migrating to neighboring parcels or the Temescal Wash. 10. The qualified project biologist shall monitor construction activities for the duration of the project to ensure that practicable measures are being employed to avoid incidental disturbance of habitat and species of concern outside the project footprint. Prior to the issuance of a grading permit, the Property Owner/Developer shall retain a qualified wildlife biologist to monitor ground disturbance activities to ensure that all measures to protect species on and off site are being implemented during construction activities, including burrowing owl surveys (Mitigation Measure BIO-1), and nesting bird surveys (Mitigation Measure BIO-2). Additional protective measures recommended by the qualified wildlife biologist shall be implemented as necessary by the Property Owner/Developer to avoid incidental disturbance of habitat and species of concern outside the project footprint. 11. The removal of native vegetation shall be avoided and minimized to the maximum extent practicable. Temporary impacts shall be returned to pre-existing contours and revegetated with appropriate native species. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 Lake and Mountain Commercial Center Project Page | 10 Mitigation Measure Implementation Entity Timing for Implementation Date of Completion/ Initials No clearing and grubbing of native vegetation would be anticipated during the project activities as the project site is almost entirely devoid of vegetation. 12. Exotic species that prey upon or displace target species of concern should be permanently removed from the site to the extent feasible. No exotic species were encountered during the project Habitat Assessment and none would be utilized in any revegetation efforts. The final landscaping design may incorporate native plant species; however, regular landscape maintenance shall prevent exotic, or noxious plant species from taking root on the Project Site. 13. To avoid attracting predators of the species of concern, the project site shall be kept as clean of debris as possible. All food related trash items shall be enclosed in sealed containers and regularly removed from the site(s). The SWPPP shall contain BMPs for trash storage and removal, including containment of sanitation facilities (e.g. portable toilets), and covering waste disposal containers at the end of every business day and before rain events. Trash cans shall have a fastenable lid to prevent animals from accessing or spreading trash onsite. The Project QSD should consult the MSHCP Appendix C Standard Best Management Practices, RWQCB recommendations, and any applicable environmental permit measures and conditions when developing the project SWPPP. 14. Construction employees shall strictly limit their activities, vehicles, equipment, and construction materials to the proposed project footprint and designated staging areas and routes of travel. The construction area(s) shall be the minimal area necessary to complete the project and shall be specified in the construction plans. Construction limits will be fenced with orange snow screen. Exclusion fencing should be maintained until the completion of all construction activities. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 Lake and Mountain Commercial Center Project Page | 11 Mitigation Measure Implementation Entity Timing for Implementation Date of Completion/ Initials Employees shall be instructed that their activities are restricted to the construction areas. In accordance with the WEAP, all project activities would occur within the clearly delineated property boundaries. Construction activities shall be confined to the project footprint, and approved routes of travel shall be established, including ingress/egress points. Exclusion fencing shall be utilized throughout the project duration. 15. The Permittee shall have the right to access and inspect any sites of approved projects including any restoration/enhancement area for compliance with project approval conditions, including these BMPs. The Contractor shall allow the Permittee access to the construction site. All visitors shall check in with the Project Engineer (or Site Supervisor) prior to accessing the construction site and will be escorted within project boundaries during normal business hours when construction activities are occurring. Cultural Resources and Tribal Cultural Resources CULT-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 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 Project Proponent/ Construction Contractor/ Architectural Historian Final Design Phase/Prior to Construction DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 Lake and Mountain Commercial Center Project Page | 12 Mitigation Measure Implementation Entity Timing for Implementation Date of Completion/ Initials 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. CULT-2 Archaeologist/CRMP. Prior to issuance of grading permits, the applicant/ 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 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. Project Proponent/ Construction Contractor/ Architectural Historian Final Design Phase/Prior to Construction DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 Lake and Mountain Commercial Center Project Page | 13 Mitigation Measure Implementation Entity Timing for Implementation Date of Completion/ Initials 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 - In the event that previously unidentified potentially significant cultural resources are discovered, the Archaeological and/or Tribal Monitor(s) shall have the 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. 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 grading final. The report shall follow 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 DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 Lake and Mountain Commercial Center Project Page | 14 Mitigation Measure Implementation Entity Timing for Implementation Date of Completion/ Initials 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. CULT-3 Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries: 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 by means of a deed restriction or other form of protection (e.g., conservation easement) in order to demonstrate avoidance in 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 Project Proponent/ Archaeological Monitor/ Native American Monitor Prior to issuance of a Grading Permit (before any grading, grubbing, trenching, excavations, and other earth- moving activities). DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 Lake and Mountain Commercial Center Project Page | 15 Mitigation Measure Implementation Entity Timing for Implementation Date of Completion/ Initials 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. CULT-4 Tribal Monitoring. Prior to the issuance of a grading permit, the applicant 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 applicant 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 Community Development Department, Planning Division prior to the issuance of a grading permit. The Agreement shall address the treatment of any known tribal cultural resources (TCRs) including the 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 Project Proponent/ Construction Contractor/ Archaeological Monitor / Native American Monitor Prior to the issuance of a Building Permit for any earth-moving operations. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 Lake and Mountain Commercial Center Project Page | 16 Mitigation Measure Implementation Entity Timing for Implementation Date of Completion/ Initials the find and determine the appropriate next steps, in consultation with the Project archaeologist. CULT-5 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. Project Proponent/ Construction Contractor/ Archaeological Monitor/ Native American Monitor During Construction (during earth-moving operations) CULT-6 Discovery of Human Remains. In the event that 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 activities within 100 feet of the find. The project applicant 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 and that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. If human remains are determined to be Native American, the applicant 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 will make the determination of most likely descendant. The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resource Code Section 5097.98. In the event that the applicant and the MLD are in disagreement Project Proponent/ Construction Contractor/ Archaeological Monitor/ Native American Monitor During Construction (during earth-moving operations) DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 Lake and Mountain Commercial Center Project Page | 17 Mitigation Measure Implementation Entity Timing for Implementation Date of Completion/ Initials regarding the disposition of the remains. State law will apply and the mediation process will occur with the NAHC, if requested (see PRC Section 5097.98(e) and 5097.94(k)). 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). CULT-7 Non-Disclosure of Reburial Location. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r), parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r). Project Proponent/ Construction Contractor/ Archaeological Monitor/ Native American Monitor Final Design Phase/Prior to Construction Geology and Soils GEO-1 Monitoring of mass grading and excavation activities in areas identified as likely to contain paleontological resources by a qualified paleontologist or paleontological monitor. Full-time monitoring of grading or excavation activities should be performed starting at a depth of 10 feet, or when Pleistocene-aged sediments are encountered during excavation activities, whichever is shallowest, in undisturbed areas of Quaternary (early to late Pleistocene) sedimentary deposits within the project boundaries. Paleontological monitors will be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor must be empowered to temporarily halt or divert equipment to allow for the removal of abundant or large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface or, if present, are determined by qualified paleontological personnel upon exposure and examination to have a low potential to contain or yield fossil resources. Project Proponent/ Construction Contractor Final Design and Construction DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 Lake and Mountain Commercial Center Project Page | 18 Mitigation Measure Implementation Entity Timing for Implementation Date of Completion/ Initials Noise NOI 1 The following practices shall be implemented by the project applicant during construction activities:  If R1 and R5 represents occupied residential use at the time of Project construction, install a minimum 12-foot high temporary construction noise barrier as shown on Exhibit ES-B, for the duration of Project construction. The noise control barriers must have a solid face from top to bottom. The noise control barrier must meet the minimum height and be constructed as follows: o The temporary noise barrier shall provide a minimum transmission loss of 20 dBA (Federal Highway Administration, Noise Barrier Design Handbook). The noise barrier shall be constructed using an acoustical blanket (e.g. vinyl acoustic curtains or quilted blankets) attached to the construction site perimeter fence or equivalent temporary fence posts. Example photos are provided in Appendix 10.2.; o The noise barrier must be maintained, and any damage promptly repaired. Gaps, holes, or weaknesses in the barrier or openings between the barrier and the ground shall be promptly repaired; o The noise control barrier and associated elements shall be completely removed, and the site appropriately restored upon the conclusion of the construction activity.  Prior to approval of grading plans and/or issuance of building permits, plans shall include a note indicating that noise-generating Project construction activities shall only occur between the hours of 7:00 a.m. to 7:00 p.m. daily, 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 by public service utilities or by variance issued by the City is prohibited. (LEMC, Section 17.176.080 (F). Project Proponent/ Construction Contractor During Construction DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 Lake and Mountain Commercial Center Project Page | 19 Mitigation Measure Implementation Entity Timing for Implementation Date of Completion/ Initials  During all Project site construction, the construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturers’ standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the Project site.  The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receivers nearest the Project site during all Project construction activities (i.e., to the center).  The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment (between the hours of 7:00 a.m. to 7:00 p.m. daily, with no activity allowed on Sundays or holidays). The contractor shall design delivery routes to minimize the exposure of sensitive land uses or residential dwellings to delivery truck-related noise.  The contractor shall design delivery routes to minimize the exposure of sensitive land uses or residential dwellings to delivery truck-related noise. NOI-2 To satisfy the applicable local noise standards the project shall implement the following operational noise mitigation measures:  No car wash activities shall be permitted during the nighttime hours of 10:00 p.m. to 7:00 a.m.  Reduce the car wash air blower and dryer equipment noise by locating the equipment inside the tunnel and/or utilize sound rated air blower and dryer equipment measuring no more than 71 dBA L50 at 10 feet.  Incorporate parapet walls where appropriate  Incorporate on-site noise barriers, landscaping, or similar physical features that would act to generally attenuate noise emanating from the Project related noise sources. If an outdoor speaker system is being used in conjunction with a Project, the outdoor speaker system shall be oriented away from sensitive receivers and the volume set at a level not readily audible past the property line. Project Proponent/ Construction Contractor During Construction DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 Lake and Mountain Commercial Center Project Page | 20 DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90