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'450DREA� City Council Agenda Report
File Number: ID# 22-313
Agenda Date: 8/9/2022 Version: 1 Status:Approval Final
In Control: City Council/Successor Aqency File Type: Council Consent
Calendar
Agenda Number: 9)
Notice of Decision - Planning Commission Approval of Planning Application No. 2021-26
(Ortega BESS) Requesting Design Review Approval to Construct a 20-Megawatt Battery
Energy Storage System
Receive and File the Notice of Decision for Planning Application No. 2021-26 acted on by the Planning
Commission on July 19, 2022.
The Planning Commission by a 4-0 vote:
Adopted A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING PLANNING APPLICATION NO. 2021-26 (COMMERCIAL DESIGN REVIEW
NO. 2021-12) FOR THE CONSTRUCTION OF A 20-MEGAWATT BATTERY ENERGY STORAGE
SYSTEM LOCATED AT APN: 377-200-045.
City of Lake Elsinore Page 1 Printed on 81412022
CITY OF ���
LADE � LSII` 0P-,,E
L
�` DREAM EXTREME,,.
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Kevin Beery, Associate Planner
Date: August 9, 2022
Subject: Notice of Decision— Planning Commission Approval of Planning Application
No. 2021-26(Ortega BESS) Requesting Design Review Approval to Construct
a 20-Megawatt Battery Energy Storage System
Applicant: Ortega Grid, LLC
Recommendation
Receive and File the Notice of Decision for Planning Application No. 2021-26 acted on by the
Planning Commission on July 19, 2022.
The Planning Commission, by a 4-0 vote:
Adopted A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING PLANNING APPLICATION NO. 2021-26
(COMMERCIAL DESIGN REVIEW NO. 2021-12) FOR THE CONSTRUCTION OF A 20-
MEGAWATT BATTERY ENERGY STORAGE SYSTEM LOCATED AT APN: 377-200-045.
The Commission's decision is final, and no action by the City Council is required unless the City
Council, by majority vote, elects to review and reconsider the Commission's decision by ordering
the matter set for a future noticed public hearing according to Section 17.410.100.F of the Lake
Elsinore Municipal Code (LEMC), or the applicant or an interested person files a complete appeal
application within 15 days of this notice appearing on the City Council's agenda.
Background
Planning Application No. 2021-26 (Ortega BESS) is a request for Design Review Approval (CDR-
2021-12) to construct a 20-megawatt battery energy storage system on a 1.79-acre site in the C-
2 district. The proposed development site is located southeast of the intersection of Camino Del
Norte and O Hana Circle (APN: 377-200-045).
The Planning Commission originally heard the Project at its regular meeting on June 21, 2022,
during which Commission members expressed concerns regarding the efficacy of the proposed
screening measures, including landscaping and fencing along the interior site boundaries. The
Planning Commission then continued the Project to its July 19, 2022, regular meeting to allow the
applicant additional time to address the concerns raised.
Page 1 of 2
PA 2021-26 (Ortega BESS)
August 09, 2022
At the July 19, 2022, Planning Commission meeting, the applicant presented revised development
plans showing additional rear landscaping and replacing a back security fence with a solid,
decorative block wall. The applicant also provided additional exhibits, including a vicinity map and
site cross-section, demonstrating that the proposed facility would be effectively screened from
neighboring land uses. The Planning Commission voted 4-0 to approve the Project.
Fiscal Impact
The time and costs related to processing this application have been covered by fees paid for by
the applicant. No General Fund budget has been allocated or used in the processing of this
application. The approval of the Project does not fiscally impact the City's General Fund.
Mitigation Measures to protect the City fiscally have already been included in the Conditions of
Approval.
Exhibits
A— Planning Commission Staff Report
Page 2 of 2
CITY OF
LADE �L LSII`IOR,E
DREAM EXTREME,
REPORT TO PLANNING COMMISSION
To: Honorable Chairman and Members of the Planning Commission
From: Damaris Abraham, Planning Manager
Prepared by: Kevin Beery, Associate Planner
Date: July 19, 2022
Subject: Planning Application No. 2021-26 (Ortega BESS) Requesting Design Review
Approval to Construct a 20-Megawatt Battery Energy Storage System
Applicant: Ortega Grid, LLC
Recommendation
Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING PLANNING APPLICATION NO. 2021-26 (COMMERCIAL DESIGN
REVIEW NO. 2021-12) FOR THE CONSTRUCTION OF A 20-MEGAWATT BATTERY ENERGY
STORAGE SYSTEM LOCATED AT APN: 377-200-045.
Background
Planning Application No. 2021-26 was originally considered by the Planning Commission on June
21, 2022. One written comment from the owner of the neighboring property was received prior to
the public hearing expressing concerns that additional landscape screening should be installed
to provide a barrier between the proposed facility and planned residential areas east of the project
site. At the meeting, members of the Planning Commission also expressed concerns regarding
the efficacy of the proposed screening measures along the interior site boundaries. The Planning
Commission continued the project to its July 19, 2022 regular meeting to allow the applicant
additional time to address the issues raised. The applicant has revised the project plans and
addressed the issues as summarized below:
• Additional landscaping has been added to the rear (eastern) of the facility
• Security fencing along rear has been replaced with solid decorative block wall
• Additional exhibits, including a vicinity map and site cross-section, have been provided to
demonstrate that the facility would be effectively screened from neighboring land uses
(Exhibit G)
Project Location
The project site is located southeast of the intersection of Camino Del Norte and O Hana Circle
(APN: 377-200-045).
Page 1 of 4
PA 2021-26 (Ortega BESS)
PC: July 19, 2022
Page 2 of 4
Environmental Setting
EXISTING GENERAL PLAN ZONING
LAND USE
Project Site Vacant General Commercial C2 - General Commercial
North Commercial Business Professional CM - Commercial Manufacturing
South Vacant General Commercial C2 - General Commercial
East Vacant Specific Plan Open Space (Spyglass Ranch SP)
West Interstate 15 Public Institutional Caltrans Right-of-Way
Table 1: Environmental Setting
Project Location and Description
Planning Application No. 2021-26 (Commercial Design Review No. 2021-12) proposes to
construct a 20-megawatt battery energy storage system (BESS) on a 1.79-acre site in the C-2
General Commercial zoning district. The primary function of the proposed BESS is to store and
deliver electricity to the grid under agreement with Southern California Edison (SCE). The
proposed BESS includes twelve battery enclosures that are each 40 feet long, 8 feet wide, and
10 feet tall. The battery enclosures will be aligned along a central, "Y"-shaped paved access road.
The proposed development also includes the construction of auxiliary equipment including
switchgears, transformers, and other power station components. The proposed BESS would
connect to existing SCE transmission lines situated along the eastern boundary of the site.
The proposed BESS would be screened by an 8-foot-tall split-face CMU wall along the street
frontage and 8-foot-tall metal security fencing along interior lot lines. Landscaping consisting of
trees, shrubs, and groundcovers would be installed along the facility perimeter in order to provide
effective screening from the public right-of-way. Access to the proposed development will be
provided from Camino del Norte by a vehicle overcrossing to be constructed above an existing
earthen channel in the northwest portion of the site.
The project is also required to construct off-site improvements such as street widening of Camino
Del Norte along the project frontage which will require the extension of an existing culvert passing
underneath Camino Del Norte and Interstate 15.
Analysis
General Plan Consistency
The proposed development site has a General Plan designation of General Commercial (GC) and
is located within the Business District planning area. The GC designation provides for retail,
services, restaurants, professional and administrative offices, hotels and motels, mixed-use
projects, public and quasi-public uses, and similar and compatible uses with a maximum 0.40
Floor Area Ratio (FAR). The project is a development proposal to construct a public utility
installation and associated improvements. No habitable floor area is proposed. Therefore, the
project is consistent with applicable general plan policies.
Municipal Code Consistency
The subject parcel is zoned General Commercial (C-2). In accordance with Section 17.124.020.B
of the C-2 zone of the Lake Elsinore Municipal Code(LEMC), all permitted uses of the C-0 district,
including Public Utility Distribution and Transmission Facilities (Public Utilities Installations)
pursuant to LEMC Section 17.116.020.0, are permitted in the C-2 zone. The proposed use is
Page 2 of 4
PA 2021-26 (Ortega BESS)
PC: July 19, 2022
Page 3 of 4
considered a Public Utility Installation and is permitted in the C-2 zone. Therefore, the project is
consistent with the applicable zoning designation and regulations.
Planning Division Staff has evaluated the proposed development plans and found that it meets
the C-2 development standards as follows:
Development Standard Required Proposed
Front Setback (min) 20'-0" 20'-0"
Interior Side Setback min 0'-0" 0'-0" min. to 20'-0" max.
Building Height (max) 45'-0" 10'-0" (battery container)
12'-0" (switchgear)
Landscape improvement:
Adjacent to Street 20' 20'
Landscape Coverage 15% 10.2%'
Table 2: Development Standards
Parking Analysis
In accordance with LEMC Section 17.148.030, the project is not required to provide parking
because no habitable floor area is being proposed. Furthermore, the proposed BESS station
would be operated remotely, and the proposed development will not be occupied on a permanent
or continuous basis. Periodic maintenance of the facility is only expected to consist of a four-
person crew visiting once every two to three months on average.
Code Compliance
The Design Review Committee including staff from the Planning, Building and Safety, Fire, and
Engineering departments have reviewed the proposed project, and have conditioned the project
to mitigate any potential concerns and ensure compliance with applicable City policies and
regulations.
Environmental Determination
The project is exempt from the California Environmental Quality Act (Cal. Pub. Res. Code
§§21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to
CEQA Guidelines Section 15332 In-Fill Development Projects. As documented in the attached
Class 32 Categorical Exemption Checklist (Exhibit F), the project is consistent with the applicable
General Plan designation and policies as well as zoning designations and regulations. The project
is located within the City's boundaries on a site less than five acres surrounded by urban uses,
the development site has no value as habitat for endangered, rare, or threatened species. Project
approval will not result in any significant effects relating to traffic, noise, air quality, or water quality,
and the proposed development is adequately served by all required utilities and public services.
Exhibits
A— CDR Resolution
B — Conditions of Approval
C —Vicinity Map
D —Aerial Map
A reduction in coverage may be sought and approved during the design review process in
recognition of quality design pursuant to LEMC Section 17.124.080.C.
Page 3 of 4
PA 2021-26 (Ortega BESS)
PC: July 19, 2022
Page 4 of 4
E — Design Review Package
F — CEQA Class 32 Exemption Checklist
G —Vicinity Map and Cross-Section
Page 4 of 4
RESOLUTION NO. 2022-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO.
2021-12 PROVIDING BUILDING DESIGN AND RELATED IMPROVEMENTS FOR
A 20-MEGAWATT BATTERY ENERGY STORAGE SYSTEM LOCATED AT APN:
377-200-045
Whereas, Ortega Grid, LLC has filed Planning Application No. 2021-026 (Commercial
Design Review No. 2021-012) with the City of Lake Elsinore (City) requesting approval of
Planning Application No. 2021-026 (Commercial Design Review No. 2021-012) proposing to
construct a 20-megawatt battery energy storage system (BESS) on a 1.79-acre site in the C-2
General Commercial zoning district. The project site is located southeast of the intersection of
Camino Del Norte and O Hana Circle (APN: 377-200-045); and,
Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat
Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell
undergo the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) process
to analyze the scope of the proposed development and establish a building envelope that is
consistent with the MSHCP criteria; and,
Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency
findings demonstrating that the proposed discretionary entitlement complies with the MSHCP
Criteria Cell, and the MSHCP goals and objectives; and,
Whereas, pursuant to Section 17.415.050 (Major Design Review) of the Lake Elsinore
Municipal Code (LEMC), the Planning Commission (Commission) has the responsibility of
reviewing and approving, conditionally approving, or denying design review applications; and,
Whereas, the proposed project is exempt from the California Environmental Quality Act
(Cal. Publ. Res. Code §§21000 et seq.:"CEQA") and CEQA Guidelines (14. Cal. Code Regs
§§15000 et seq.), specifically pursuant to Section 15332 (Class 32 — In-Fill Development
Projects); and,
Whereas, on June 21, 2022 and July 19, 2022, at a duly noticed Public Hearing the
Commission has considered evidence presented by the Community Development Department
and other interested parties with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: The Commission has reviewed and analyzed the proposed project pursuant to
the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore
General Plan (GP), and the LEMC and finds and determines that the proposed project is
consistent with the requirements of California Planning and Zoning Law and with the goals and
policies of the GP and the LEMC.
Section 2: That in accordance with the MSHCP, the Commission makes the following
findings for MSHCP consistency:
PC Reso. No. 2022-
Page 2 of 4
1. The project is not subject to the City's LEAP and the Western Riverside County Regional
Conservation Authority's (RCA) JPR processes as it is not located within a Criteria Cell.
2. The project site does not contain wetland features, riparian/riverine areas, and vernal
pools. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in
Section 6.1.2 of the MSHCP are not applicable.
3. The project is consistent with the Protection of Narrow Endemic Plant Species Guidelines
as set forth in MSHCP Section 6.1.3 and the Additional Survey Needs and Procedures as
set forth in MSHCP Section 6.3.2 because the project is not located within any Narrow
Endemic Plant Species Survey Areas or Critical Species Survey Areas.
4. The project is consistent with the Fuels Management Guidelines because the project site
is not within or adjacent to any MSHCP Criteria Cell or conservation areas.
5. The project has been conditioned to pay any applicable MSHCP Local Development
Mitigation fees.
Section 3: The Commission finds that the proposed project is exempt from the California
Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: "CEQA") and the CEQA
Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15332 In-Fill
Development Projects. The project is consistent with the applicable General Plan designation and
policies, as well as zoning designation and regulations, and is within the City's boundaries on a
site less than five acres surrounded by urban uses. The subject property has no value as habitat
for endangered, rare or threatened species. Approval of the project will not result in any significant
effects relating to traffic, noise, air quality, or water quality and the project is adequately served
by all required utilities and public services.
Section 4: That in accordance with Section 17.415.050.E of the LEMC, the Commission
makes the following findings regarding Commercial Design Review No. 2021-12:
1. The project, as approved, will comply with the goals and objectives of the General Plan
and the zoning district in which the project is located.
The proposed development site has a General Plan designation of General Commercial
(GC) and is located within the Business District planning area. The GC designation
provides for retail, services, restaurants, professional and administrative offices, hotels
and motels, mixed-use projects, public and quasi-public uses, and similar and compatible
uses with a maximum 0.40 Floor Area Ratio (FAR). The project is a development proposal
to construct a public utility installation and associated improvements. No habitable floor
area is proposed. Therefore, the project is consistent with applicable general plan policies.
The subject parcel is zoned General Commercial (C-2). In accordance with Section
17.124.020.B of the C-2 zone of the Lake Elsinore Municipal Code (LEMC), all permitted
uses of the C-0 district, including Public Utility Distribution and Transmission Facilities
(Public Utilities Installations) pursuant to LEMC Section 17.116.020.0, are permitted in
the C-2 zone. The proposed use is considered a Public Utility Installation and is permitted
in the C-2 zone. Therefore, the project is consistent with the applicable zoning designation
and regulations.
PC Reso. No. 2022-
Page 3 of 4
2. The project complies with the design directives contained in the LEMC and all applicable
provisions of the LEMC.
The proposed development is appropriate to the site and surrounding developments.
Sufficient setbacks and onsite landscaping have been provided thereby creating visual
interest and effective screening of the proposed station and its auxiliary components. In
addition, safe and efficient circulation has been achieved onsite.
3. Conditions and safeguards pursuant to Section 17.415.050.G.3 of the LEMC, including
guarantees and evidence of compliance with conditions, have been incorporated into the
approval of the Project to ensure development of the property in accordance with the
objectives of Section 17.415.050.
Pursuant to Section 17.415.050.E of the LEMC, the project was considered by the
Planning Commission at a duly noticed public hearing held on June 21, 2022 and July 19,
2022. The project as reviewed and conditioned by all applicable City divisions,
departments, and agencies, was found to be consistent with the objectives of Section
17.415.050.
Section 5: Based upon the evidence presented, both written and testimonial, and the
above findings, the Commission hereby finds that the project is consistent with the MSHCP.
Section 6: Based upon the evidence presented, the above findings, and the Conditions
of Approval imposed upon the project, the Commission hereby approves Commercial Design
Review No. 2021-12.
Section 7: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 191" day of July, 2022.
John Gray
Chairman
Attest:
Damaris Abraham
Planning Manager
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Damaris Abraham, Planning Manager of the City of Lake Elsinore, California, hereby certify that
Resolution No. 2022-_ was adopted by the Planning Commission of the City of Lake Elsinore,
PC Reso. No. 2022-
Page 4 of 4
California, at a regular meeting held July 19, 2022 and that the same was adopted by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Damaris Abraham
Planning Manager
CONDITIONS OF APPROVAL
PROJECT: PA 2021-26/CDR 2021-12
PROJECT NAME: Ortega BESS
PROJECT LOCATION: APN: 377-200-045
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
GENERAL
1. Planning Application No. 2021-26 (Commercial Design Review No. 2021-12) proposes to
construct a 20-megawatt battery energy storage system (BESS) on a 1.79-acre site in the
C-2 General Commercial zoning district. The project site is located southeast of the
intersection of Camino Del Norte and O Hana Circle (APN: 377-200-045).
2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its Officials, Officers, Employees, Agents, and its Consultants
(Indemnitees) from any claim, action, or proceeding against the Indemnitees to attack, set
aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or
legislative body concerning approval, implementation and construction of CDR 2021-12,
which action is bought within the time period provided for in California Government Code
Sections 65009 and/or 66499.37, and Public Resources Code Section 21167, including the
approval, extension or modification of CDR 2021-12 or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or to determine the
reasonableness, legality or validity of any condition attached thereto. The Applicant's
indemnification is intended to include, but not be limited to, damages, fees and/or costs
awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including
without limitation attorneys'fees, penalties and other costs, liabilities and expenses incurred
by Indemnitees in connection with such proceeding. The City will promptly notify the
applicant of any such claim, action, or proceeding against the City. If the project is
challenged in court, the City and the applicant shall enter into formal defense and indemnity
agreement, consistent with this condition.
3. Within 30 days of project approval, the applicant shall sign and complete an
"Acknowledgment of Conditions" and shall return the executed original to the Community
Development Department for inclusion in the case records.
PLANNING DIVISION
4. Commercial Design Review No. 2021-12 shall lapse and become void two years following
the date on which the design review became effective, unless one of the following: (1) prior
to the expiration of two years, a building permit related to the design review is issued and
construction commenced and diligently pursued toward completion; or (2) prior to the
expiration of two years, the applicant has applied for and has been granted an extension of
the design review approval pursuant to subsections (1) and (2) of Lake Elsinore Municipal
Code (LEMC) Section 17.415.050.I.1. Notwithstanding conditions to the contrary, a design
review granted pursuant to LEMC Section 17.415.050.I.2 shall run with the land for this two-
year period, subject to any approved extensions, and shall continue to be valid upon a
change of ownership of the site, which was the subject of the design review application.
Applicant's Initials: Page 1 of 13
PA 2021-26/ CDR 2021-12 PC: July 19, 2022
Conditions of Approval
5. All Conditions of Approval shall be reproduced on page one of building plans prior to their
acceptance by the Building and Safety Division, Community Development Department. All
Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and
release of utilities.
6. All future development proposals shall be reviewed by the City on a project-by-project basis.
If determined necessary by the Community Development Director or designee, additional
environmental analysis will be required.
7. Any proposed minor revisions to approved plans shall be reviewed and approved by the
Community Development Director or designee. Any proposed substantial revisions to the
approved plans shall be reviewed according to the provisions of the Municipal Code in a
similar manner as a new application. Grading plan revisions shall be reviewed by the City
Engineer.
8. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed to ensure
that all exterior on-site lighting shall be shielded and directed on-site so as not to create
glare onto neighboring property and streets or allow illumination above the horizontal plane
of the fixture.
9. The applicant shall provide all project-related on-site and off-site improvements as required
by these Conditions of Approval.
Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) shall be satisfied during all site
preparation and construction activity. Site preparation activity and construction shall not
commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through
Friday. Only finish work and similar interior construction may be conducted on Saturdays
and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m.
Construction activity shall not take place on Sunday, or any Legal Holidays.
10. No individual signs are approved as part of this approval. The applicant or designee shall
submit an application for a sign permit, pay appropriate fees and receive approval from the
Community Development Department for any sign(s) installed at the project site.
11. Graffiti shall be removed within 24 hours.
12. All materials and colors depicted on the approved plans shall be used. If the applicant
wishes to modify any of the approved materials or colors depicted on the plans, the applicant
shall submit a proposal setting forth the modifications for review by the Community
Development Director or his designee
13. The entire site shall be kept free from trash and debris at all times and in no event shall
trash and debris remain for more than 24 hours.
14. If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms,
to be implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to revoke
or modify all approvals herein granted, deny or further condition issuance of all future
building permits, deny revoke, or further condition all certificates of occupancy issued under
the authority of approvals herein granted; record a notice of violation on the property title;
institute and prosecute litigation to compel their compliance with said conditions or seek
damages for their violation
Applicant's Initials: Page 2 of 13
PA 2021-26/ CDR 2021-12 PC: July 19, 2022
Conditions of Approval
Prior to Issuance of Grading Permits/Building Permits
15. Prior to issuance of a building permit, the applicant shall pay Development Impact Fees
(DIF)and MSHCP Fees per LEMC Section 16.85, at the rate in effect at the time of payment.
16. The project shall meet all requirements of the Elsinore Valley Municipal Water District
(EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall
incorporate all district conditions and standards.
17. The property address (in numerals at least six inches high) shall be displayed near the
entrance and be easily visible from the front of the subject property and public right-of-way.
18. Prior to issuance of a building permit, one (1) set of the Final Landscaping / Irrigation Detail
Plans along with a digital copy (i.e. PDF format) shall be submitted to the Community
Development Department with appropriate fees, for review and approval by the Community
Development Director or designee.
a. All planting areas shall have permanent and automatic sprinkler system with 50% plant
coverage using a drip irrigation method.
b. All planting areas shall be separated from paved areas with a six inch (6") high and six
inch (6") wide concrete curb. Runoff shall be allowed from paved areas into landscape
areas.
C. Planting within fifteen feet(15') of ingress/egress points shall be no higher than twenty-
four inches (24").
d. Landscape planters shall be planted with an appropriate parking lot shade tree
pursuant to the LEMC and Landscape Design Guidelines.
e. No required tree planting bed shall be less than 5 feet wide.
f. Root barriers shall be installed for all trees planted within 10 feet of hardscape areas
to include sidewalks.
g. Any transformers and mechanical or electrical equipment shall be indicated on
landscape plan and screened as part of the landscaping plan.
h. The landscape plan shall provide for ground cover, shrubs, and trees and meet all
requirements of the City's adopted Landscape Guidelines.
i. All landscaping and irrigation shall be installed within affected portion of any phase at
the time a Certificate of Occupancy is requested for any building.
j. Final landscape plan must be consistent with approved site plan.
k. Final landscape plans to include planting and irrigation details.
I. Final landscape plans shall include drought tolerant planting consistent with Elsinore
Valley Municipal Water District standards subject to plan check and approval by the
City's landscape plan check consultant.
m. No turf shall be permitted.
19. Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Community Development Director. If it is determined that the landscaping
is not being maintained, the Director of Community Development shall have the authority to
require the property owner to bring the landscaping into conformance with the approved
landscape plan. The continued maintenance of all landscaped areas shall be the
responsibility of the developer or any successors in interest.
Applicant's Initials:_ Page 3 of 13
PA 2021-26/ CDR 2021-12 PC: July 19, 2022
Conditions of Approval
20. The proposed location of on-site construction trailers shall be approved by the Community
Development Director or designee. A cash bond of $1,000 shall be required for any
construction trailers placed on the site and used during construction. Bonds will be released
after removal of trailers and restoration of the site to an acceptable state, subject to approval
of the Community Development Director or designee. Such trailer(s) shall be fully on private
property and outside the public right of way.
BUILDING DIVISION
General Conditions
21. Final Building and Safety Conditions. Final Building and Safety Conditions will be addressed
when building construction plans are submitted to Building and Safety for review. These
conditions will be based on occupancy, use, the California Building Code (CBC), and related
codes which are enforced at the time of building plan submittal.
22. Compliance with Code. All design components shall comply with applicable provisions of
the 2019 edition of the California Building, Plumbing and Mechanical Codes: 2019 California
Electrical Code; California Administrative Code, 2019 California Energy Codes, 2019
California Green Building Standards, California Title 24 Disabled Access Regulations, and
Lake Elsinore Municipal Code.
23. Green Measures. The application shall provide 10% voluntary green measures on the
project, as stipulated by the 2019 California Green Building Standards.
24. Disabled Access. Applicant shall provide details of all applicable disabled access provisions
and building setbacks on plans to include:
a. All ground floor units to be adaptable.
b. Disabled access from the public way to the entrance of the building.
c. Van accessible parking located as close as possible to the main entry.
d. Path of accessibility from parking to furthest point of improvement.
e. Path of travel from public right-of-way to all public areas on site, such as club house,
trach enclosure tot lots and picnic areas.
25. Street Addressing. Applicant must obtain street addressing for all proposed buildings by
requesting street addressing and submitting a site plan for commercial or multi-family
residential projects or a recorded final map for single-family residential projects. It takes 10
days to issue address and notify other agencies. Please contact Sonia Salazar at
ssalazar@lake-elsinore.org or 951-674-3124 X 277.
26. Clearance from LEUSD. A receipt or clearance letter from the Lake Elsinore School District
shall be submitted to the Building and Safety Department to ensure the payment or
exemption from School Mitigation Fees.
27. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit
approvals prior to commencement of any construction work.
28. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards,
and any block walls will require separate approvals and permits.
Applicant's Initials: Page 4 of 13
PA 2021-26/ CDR 2021-12 PC: July 19, 2022
Conditions of Approval
29. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate
approvals and permits. Septic systems will need to be approved from Riverside County
Environmental Health Department before permit issuance.
30. House Electrical Meter. Applicant shall provide a house electrical meter to provide power
for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each
building on the site. Developments with single user buildings shall clearly show on the plans
how the operation of exterior lighting and fire alarm systems when a house meter is not
specifically proposed.
At Plan Review Submittal
31. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4)
complete sets of plans and two (2) sets of supporting calculations for review and approval
including:
a. An electrical plan including load calculations and panel schedule, plumbing schematic,
and mechanical plan applicable to scope of work.
b. A Sound Transmission Control Study in accordance with the provisions of the Section
5.507, of the 2019 edition of the California Building Code.
c. A precise grading plan to verify accessibility for the persons with disabilities.
d. Truss calculations that have been stamped by the engineer of record of the building and
the truss manufacturer engineer.
Prior to Issuance of Grading Permit(s)
32. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from
the building plans, shall be submitted to Building and Safety for review and approval.
33. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to
be removed as part of the project. Asbestos report and lead base paint reports are required
before demo permit will be issued.
Prior to Issuance of Building Permit(s)
34. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp
of a registered professional with original signature on the plans. Provide C.D. of approved
plans to the Building Division.
Prior to Beginning of Construction
35. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector
prior to the start of the building construction.
ENGINEERING DIVISION
GENERAL
36. All new submittals for plan check or permit shall be made using the City's online Citizen
Service Portal (CSSP).
Applicant's Initials: Page 5 of 13
PA 2021-26/ CDR 2021-12 PC: July 19, 2022
Conditions of Approval
37. All plans (Street, Storm Drain, Improvement, Grading) shall be prepared by a Registered
Civil Engineer using the City's standard title block.
38. All required soils, geology, hydrology and hydraulic and seismic reports shall be prepared
by a Registered Civil Engineer.
39. All slopes and landscaping within the public right-of-way shall be maintained by the property
owner, owner's association, firms contracted by the property owner's association, or another
maintenance entity approved by the City Council.
40. All open space and slopes outside the public right-of-way shall be owned and maintained
by the property owner.
41. In accordance with the City's Franchise Agreement for waste disposal & recycling, the
applicant shall be required to contract with CR&R, Inc. for removal and disposal of all waste
material, debris, vegetation and other rubbish generated both during cleaning, demolition,
clear and grubbing or all other phases of construction and during occupancy.
42. All required public right-of-way dedications and easements shall be prepared by the
Applicant and shall be submitted to the Engineering Department for review and approval.
43. Any grading that affects"Waters of the United States",wetlands orjurisdictional streambeds,
shall require approval and necessary permits from respective Federal and/or State
Agencies.
44. Applicant shall submit a detailed hydrology and hydraulic study for review for the sufficient
containment and conveyance of the storm water to a safe and adequate point as approved
by the City Engineer.
45. The site will accommodate all construction activity, building activity, vehicles, etc. No staging
on public streets, or private property belonging to others shall be conducted without the
written permission of the property owner.
46. Minimum good housekeeping and erosion and sediment control Best Management
Practices (BMPs) as identified by the City shall be implemented.
FEES
47. Applicant shall pay all applicable permit application and Engineering assessed fees,
including without limitation plan check and construction inspection fees, at the prevalent rate
at time of payment in full.
48. Applicant shall pay all applicable Mitigation and Development Impact Fees at the prevalent
rate at time of payment in full. Fees are subject to change. Engineering assessed Mitigation
and Development Impact Fees include without limitation:
• Master Plan of Drainage Fee — Due prior to Grading Permit issuance
• Traffic Infrastructure Fee (TIF) — Due prior to Building Permit issuance
• Transportation Uniform Mitigation Fee (TUMF) — Due prior to Occupancy
• Stephens' Kangaroo Rat Habitat Fee (K-Rat)—Due prior to Grading Permit
Issuance
STORM WATER MANAGEMENT/ POLLUTION PREVENTION / NPDES
Applicant's Initials: Page 6 of 13
PA 2021-26/ CDR 2021-12 PC: July 19, 2022
Conditions of Approval
Design
49. The project is responsible for complying with the Santa Ana Region National Pollutant
Discharge Elimination System (NPDES) Permits as warranted based on the nature of
development and/or activity.
50. Parking lot landscaping areas shall be designed to provide for treatment, retention or
infiltration of runoff.
51. Project hardscape areas shall be designed and constructed to provide for drainage into
adjacent landscape.
52. Project trash enclosure shall be covered, bermed, and designed to divert drainage from
adjoining paved areas and regularly maintained.
53. If CEQA identifies resources requiring Clean Water Act Section 401 Permitting, the applicant
shall obtain certification through the Santa Ana Regional Water Quality Control Board and
provide a copy to the Engineering Department.
54. All storm drain inlet facilities shall be appropriately marked "Only Rain in the Storm Drain"
using the City authorized marker.
55. The project site shall implement full trash capture methods/devices approved by the Region
Water Quality Control Board.
Construction
56. A Storm Water Pollution Prevention Plan (SWPPP) (as required by the NPDES General
Construction Permit) and compliance with the Green Building Code for sediment and
erosion control are required for this project.
57. Prior to grading or building permit for construction or demolition and/or weed abatement
activity, projects subject to coverage under the NPDES General Construction Permit shall
demonstrate that compliance with the permit has been obtained by providing a copy of the
Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of
the notification of the issuance of a Waste Discharge Identification (WDID) Number or other
proof of filing to the satisfaction of the City Engineer. A copy of the SWPPP shall be kept at
the project site, updated, and be available for review upon request.
58. Erosion & Sediment Control — Prior to the issuance of any grading or building permit for
construction or demolition, the applicant shall submit for review and approval by the City
Engineer, an Erosion and Sediment Control Plan as a separate sheet of the grading plan
submittal to demonstrate compliance with the City's NPDES Program and state water quality
regulations for grading and construction activities. A copy of the plan shall be incorporated
into the SWPPP, kept updated as needed to address changing circumstances of the project
site, be kept at the project site, and available for review upon request.
UTILITIES
Applicant's Initials: Page 7 of 13
PA 2021-26/ CDR 2021-12 PC: July 19, 2022
Conditions of Approval
59. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of
the roadway and away from an access point shall be the responsibility of the applicant,
property owner, and/or his agent.
60. Overhead utilities (34.5 kV or lower) shall be undergrounded (Section 16.64 of LEMC).
61. Underground water rights shall be dedicated to the City pursuant to the provisions of LEMC
Section 16.52.030, and consistent with the City's agreement with the Elsinore Valley
Municipal Water District.
62. Applicant shall apply for, obtain and submit to the City Engineering Department a letter from
Southern California Edison (SCE) indicating that the construction activity will not interfere
with existing SCE facilities. Non-Interference Letter (NIL) shall be provided prior to issuance
of Grading Permit.
63. Applicant shall submit a "Will Serve" letter to the City Engineering Department from the
applicable water agency stating that water and sewer arrangements have been made for
this project and specify the technical data for the water service at the location, such as water
pressure, volume, etc. Will Serve letters shall be provided prior to issuance of Grading
Permit.
IMPROVEMENTS
64. Applicant shall be responsible to design and construct the half-width street improvements
along the property's frontage on Camino del Norte such that the ultimate right-of-way width
conforms to the General Plan Circulation Element. Camino del Norte is classified as a
Secondary Highway.
• Improvements include, but are not limited to road pavement widening, curb, gutter,
sidewalk, signing and striping, street lighting (LS-2B system), and driveway.
• Applicant shall be responsible to relocate the culvert headwall and overhead power
poles (as approved by the utility provider) for the construction of the ultimate road
widening.
65. Project will be responsible to design and install streetlights along the property's frontage.
Streetlight system shall be designed as LS-213 system. Streetlight plans shall include details
such as location, pole and luminaire type, and pull box design. Streetlight plans shall be
included as part of the Street Improvement Plans.
66. Sight distance into and out and throughout the project location shall comply with City or
Caltrans standards. Project shall ensure facilities, if any, are installed in the line of sight of
drivers.
67. Applicant shall install permanent bench marks per City of Lake Elsinore Standards and at
locations to be determined by the City Engineer.
68. If existing improvements are to be modified, the existing improvement plans on file shall be
revised accordingly and approved by the City Engineer prior to issuance of a building permit.
69. A California Registered Civil Engineer shall prepare street improvement plans as required
for this project. All improvements shall be designed and constructed to City Standards and
Applicant's Initials: Page 8 of 13
PA 2021-26/ CDR 2021-12 PC: July 19, 2022
Conditions of Approval
Codes (LEMC 12.04 and 16.34). Any deviation from City standards shall be approved by
the City Engineer.
70. 10-year storm runoff shall be contained within the curb and the 100-year storm runoff shall
be contained within the street right-of-way. When either of these criteria are exceeded,
drainage facilities shall be provided.
71. All drainage facilities in this project shall be constructed to Riverside County Flood Control
District Standards. Storm drain easements will be required for facilities constructed on
private property.
72. A drainage study shall be provided. The study shall identify the following: identify storm
water runoff from and upstream of the site; show existing and proposed off-site and on-site
drainage facilities; and include a capacity analysis verifying the adequacy of the facilities.
The drainage system shall be designed to ensure that runoff from a 10-year storm of 6 hours
and 24 hours duration under developed condition is equal or less than the runoff under
existing conditions of the same storm frequency. Both 6-hour and 24-hour storm duration
shall be analyzed to determine the detention.
73. All natural drainage traversing the site shall be conveyed through the site, or shall be
collected and conveyed by a method approved by the City Engineer. All off-site drainage, if
different from historic flow, shall be conveyed to a public facility.
74. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs
should drain to a landscaped area.
75. The site shall be planned and developed to keep surface water from entering buildings
(California Green Building Standards Code 4.106.3).
76. All existing storm drain inlet facilities adjacent to the subject properties shall be retrofitted
with a storm drain filter; all new storm drain inlet facilities constructed by this project shall
include a storm drain filter.
Perm it/Construction
77. An Encroachment Permit shall be obtained prior to any work on City right-of-way. The
developer shall submit the permit application, required fees, and executed agreements,
security and other required documentation prior to issuance.
78. All compaction reports, grade certification, monument certification (with tie notes delineated
on 8 %2" X 11" Mylar) shall be submitted to the Engineering Department before final
inspection of public works improvements will be scheduled and approved.
Acceptance of Improvements
79. As-built plans shall be completed and signed by the City Engineer.
Applicant's Initials: Page 9 of 13
PA 2021-26/ CDR 2021-12 PC: July 19, 2022
Conditions of Approval
PRIOR TO GRADING PERMIT
Design
80. A grading plan signed and stamped by a California Registered Civil Engineer shall be
submitted for City review and approval for all addition and/or movement of soil (grading) on
site. The plan shall include separate sheets for erosion control, haul route and traffic control.
The grading submittal shall include all supporting documentation and be prepared using City
standard title block, standard drawings and design manual.
81. All grading plan contours shall extend to minimum of 50 feet beyond property lines to
indicate existing drainage pattern.
82. The grading plan shall show that no structures, landscaping, or equipment are located near
the project entrances that could reduce sight distance.
83. If the grading plan identifies alterations in the existing drainage patterns as they exit the site,
a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required
prior to issuance of grading permits. All grading that modifies the existing flow patterns
and/or topography shall be in compliance with Federal, State and Local law and be approved
by the City Engineer.
84. A seismic study shall be performed on the site to identify any hidden earthquake faults,
liquefaction and/or subsidence zones present on-site. A certified letter from a registered
geologist or geotechnical engineer shall be submitted confirming the absence of this hazard
prior to grading permit. The location of faults, active or inactive shall be shown on the plan
sets.
85. Applicant shall obtain all necessary off-site easements and/or permits for off-site grading
and the applicant shall accept drainage from the adjacent property owners.
86. Applicant shall mitigate to prevent any flooding and/or erosion downstream caused by
development of the site and/or diversion of drainage.
87. All natural drainage traversing the site (historic flow) shall be conveyed through the site in a
manner consistent with the historic flow or to one or a combination of the following: to a
public facility; accepted by adjacent property owners by a letter of drainage acceptance; or
conveyed to a drainage easement as approved by the City Engineer.
Perm it/Construction
88. Applicant shall execute and submit grading and erosion control agreement, post grading
security and pay permit fees as a condition of grading permit issuance.
89. No grading shall be performed without first having obtained a Grading Permit. A grading
permit does not include the construction of retaining walls or other structures for which a
Building Permit is required.
90. A preconstruction meeting with the City Engineering Inspector (Engineering Department) is
required prior to commencement of any grading activity.
Applicant's Initials: Page 10 of 13
PA 2021-26/ CDR 2021-12 PC: July 19, 2022
Conditions of Approval
91. Prior to commencement of grading operations, Applicant shall provide to the City a map of
all proposed haul routes to be used for movement of export material. All such routes shall
be subject to the review and approval of the City Engineer. Haul route shall be submitted
prior to issuance of a grading permit. Hauling in excess of 5,000 cubic yards shall be
approved by the City Council (LEMC Section 15.72.065). All required documents shall be
submitted and approved prior to scheduling for City Council.
92. Export sites located within the Lake Elsinore City limits must have an active grading permit.
93. Applicant to provide to the City a video record of the condition of all proposed public City
haul roads. In the event of damage to such roads,the applicant shall pay full cost of restoring
public roads to the baseline condition. A bond may be required to ensure payment of
damages to the public right-of-way, subject to approval of the City Engineer.
94. All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper
than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the
City.
95. Review and approval of the project sediment and erosion control plan shall be completed.
As warranted, a copy of the current SWPPP shall be kept at the project site and be available
for review upon request.
96. Applicant shall obtain and submit applicable environmental clearance document to the
Engineering Department. This approval shall specify that the project is in compliance with
any and all required environmental mitigation triggered by the proposed grading activity.
PRIOR TO BUILDING PERMIT
97. Provide soils, geology and seismic report, including recommendations for parameters for
seismic design of buildings, and walls prior to building permit.
98. All street improvement plans shall be completed and approved by the City Engineer.
99. All required public right-of-way dedications and easements shall be prepared by the
developer or his agent and shall be submitted to the Engineering Department for review and
approval prior to issuance of the building permit.
100. Applicant shall pay all Capital Improvement, TIF, and Master Drainage Fees and any
outstanding plan check fees (LEMC 16.34).
PRIOR TO OCCUPANCY/ FINAL APPROVAL
101. All public improvements shall be constructed in accordance with the approved plans or as
condition of this development to the satisfaction of the City Engineer prior to issuance of first
occupancy.
102. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas,
and drainage facilities shall be provided.
103. In the event of damage to City roads from hauling or other construction related activity,
applicant shall pay full cost of restoring public roads to the baseline condition.
Applicant's Initials:_ Page 11 of 13
PA 2021-26/ CDR 2021-12 PC: July 19, 2022
Conditions of Approval
104. Final soils report showing compliance with recommendations, compaction reports, grade
certifications, monument certification (with tie notes delineated on 8 Y2 X 11" Mylar) shall be
submitted in .tif format on a USB flash drive or electronically to the Engineering Department
before final inspection will be scheduled.
105. All required public right-of-way dedications, easements, vacations and easement
agreement(s) shall be recorded with a recorded copy provided to the City prior to first
occupancy.
106. Applicant shall pay all outstanding applicable processing and development fees prior to
occupancy and/or final approval.
107. Applicant shall submit documentation pursuant to City's Security Release handout.
108. Applicant shall submit as-built all Engineering Department approved project plan sets. After
City approval of paper copy, the developer/owner is responsible for revising the original
mylar plans. Once the original mylars have been approved, the developer shall provide the
City with a digital copy of the "as-built" plans in .tif format.
109. Applicant shall provide AutoCAD and GIS Shape files of all Street and Storm Drain plans.
All data must be in projected coordinate system: NAD 83 State Plane California Zone VI
U.S. Fleet. All parts and elements of the designed system shall be represented discretely.
Include in the attribute table basic data for each feature, such as diameter and length, as
applicable, and for pipes include material (PVC, RCP, etc.) and slope.
CITY OF LAKE ELSINORE FIRE MARSHAL
110. The applicant/operator shall comply with all requirements of the Riverside County Fire
Department Lake Elsinore Office of the Fire Marshal. Questions should be directed to the
Riverside County Fire Department, Lake Elsinore Office of the Fire Marshal at 130 S. Main
St., Lake Elsinore, CA 92530. Phone: (951) 671-3124 Ext. 225.
DEPARTMENT OF ADMINISTRATIVE SERVICES
Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance
Services
ill. Prior to issuance of a building permit, the applicant shall annex into the Community Facilities
District No. 2015-2 (Maintenance Services) or current Community Facilities District in place
at the time of annexation to fund the on-going operation and maintenance of the public right-
of-way landscaped areas and neighborhood parks to be maintained by the City and for street
lights in the public right-of-way for which the City will pay for electricity and a maintenance
fee to Southern California Edison, including parkways, street maintenance, open space and
public storm drains constructed within the development and federal NPDES requirements
to offset the annual negative fiscal impacts of the project. Alternatively, the applicant may
propose alternative financing mechanisms to fund the annual negative fiscal impacts of the
project with respect to Maintenance Services. Applicant shall make a non-refundable
deposit of$15,000 or at the current rate in place at the time of annexation toward the cost
of annexation, formation or other mitigation process, as applicable.
Applicant's Initials: Page 12 of 13
PA 2021-26/ CDR 2021-12 PC: July 19, 2022
Conditions of Approval
I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above
named project and do hereby agree to accept and abide by all Conditions of Approval as approved
by the Planning Commission of the City of Lake Elsinore on July 19, 2022. 1 also acknowledge
that all Conditions shall be met as indicated.
Date:
Applicant's Signature:
Print Name:
Address:
Phone Number:
Applicant's Initials: Page 13 of 13
Planning Application No. 2021 -26
APN: 377-200-045
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LA ICE L 11JO �E
DREAM EX-rREME
ORTEGA GRID BESS
PLANNING APPLICATION NO. 2021-26
Commercial Design Review No. 2021-12
CLASS 32 CATEGORICAL EXEMPTION CHECKLIST
Prepared By:
CITY OF LAKE ELSINORE
130 South Main Street
Lake Elsinore, CA 92530
Applicant:
ORTEGA GRID, LLC
621 W Randolph Street
Chicago, IL 60661
Project Location:
Camino Del Norte & O Hana Circle
APN:
377-200-045
June 2022
SURROUNDING LAND USES AND PROJECT SETTING:
The proposed development site is currently undeveloped and consists of one 1.79-acre parcel
(APN: 377-200-045) located southeast of the intersection of Camino Del Norte and O Hana
Circle in the City of Lake Elsinore, as depicted in Figure 1. Existing surrounding land uses
include a multitenant commercial building to the north, vacant land to the south and the east,
and the Caltrans Interstate 15 right-of-way to the west (across Camino Del Norte). Existing
surrounding zoning designations include C-M Commercial Manufacturing to the north, C-2
General Commercial to the south, Open Space (Spyglass Ranch Specific Plan) to the east, and
Public Institutional to the west.
PROJECT DESCRIPTION:
The project is a development proposal to construct a 20-megawatt battery energy storage
system (BESS). The primary function of the proposed BESS is to store and deliver electricity to
the grid under agreement with Southern California Edison (SCE). The proposed BESS includes
twelve battery enclosures that are each 40 feet long, 8 feet wide, and 10 feet tall. The battery
enclosures will be aligned along a central, "Y"-shaped paved access road. The proposed
development also includes the construction of auxiliary equipment including switchgears,
transformers, and other power station components. The proposed BESS would connect to
existing SCE transmission lines situated along the eastern boundary of the site.
The proposed BESS would be screened by an 8-foot-tall split-face CM U wall along the street
frontage and 8-foot-tall metal security fencing along interior lot lines. Landscaping consisting of
trees, shrubs, and groundcovers would be installed along the facility perimeter in order to
provide effective screening from the public right-of-way. Access to the proposed development
will be provided from Camino del Norte by a vehicle overcrossing to be constructed above an
existing earthen channel in the northwest portion of the site. The proposed site plan is depicted
in Figure 2.
The project is also required to construct off-site improvements such as street widening of
Camino Del Norte along the project frontage which will require the extension of an existing
culvert passing underneath Camino Del Norte and Interstate 15.
GENERAL PLAN DESIGNATION: General Commercial (GC)
ZONING: General Commercial (C-2)
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Figure 1 —Aerial/Vicinity Map
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Figure 2—Site Plan
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INFORMATION DEMONSTRATING THAT THE PROJECT SATISFIES THE CONDITIONS
DESCRIBED IN SECTIONS 15300.2 AND 15332 OF TITLE 14 OF THE CALIFORNIA CODE
OF REGULATIONS:
Criterion (a): Is the project consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation and
regulations?
The proposed development site has a General Plan designation of General Commercial (GC)
and is located within the Business District planning area. The GC designation provides for
retail, services, restaurants, professional and administrative offices, hotels and motels, mixed-
use projects, public and quasi-public uses, and similar and compatible uses with a maximum
0.40 Floor Area Ratio (FAR). The project is a development proposal to construct a public utility
installation and associated improvements. No habitable floor area is proposed. Therefore, the
project is consistent with applicable general plan policies.
The subject parcel is zoned General Commercial (C-2). In accordance with Section
17.124.020.B of the C-2 zone of the Lake Elsinore Municipal Code (LEMC), all permitted uses
of the C-0 district, including Public Utility Distribution and Transmission Facilities (Public
Utilities Installations) pursuant to LEMC Section 17.116.020.0, are permitted in the C-2 zone.
The proposed use is considered a Public Utility Installation and is permitted in the C-2 zone.
Therefore, the project is consistent with the applicable zoning designation and regulations.
Criterion (b): Is the proposed development located within the city limits on a project site
of no more than five acres substantially surrounded by urban uses?
The proposed development site is approximately 1.79 gross acres and is entirely located within
the city limits of Lake Elsinore. The proposed development site is located in a developed area
of the Business District and is surrounded by urban uses.
Criterion (c): Does the project site have value as habitat for endangered, rare or
threatened species?
The following review of habitat conditions in the project area is based on the Biological
Resources Report dated June 4, 2021 (included as Appendix A) prepared by Stantec for the
project.
The project area is generally undeveloped and consists primarily of non-native ruderal
vegetation. Small patches of sensitive vegetation communities occur on the northeast and
eastern portions of the site; however, the project will not directly impact these areas. No
wetlands were observed in the project area. The project area does not support habitat for
endangered, rare, or threatened species.
The project area is in the boundaries of the Western Riverside Multiple Species Habitat
Conservation Plan (MSHCP). The project area is not in a MSCHP Criteria Cell, and therefore
the project is not required to undergo the Lake Elsinore Acquisition Process and Western
Riverside Regional Conservation Authority's Joint Project Review processes. The proposed
development site is not located additional survey areas for amphibians, mammals, or any
special linkage areas specified by the MSHCP. Furthermore, no wetlands, riparian/riverine
areas, or vernal pools were observed within the project area.
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Criterion (d): Would approval of the project result in any significant effects relating to
traffic, noise, air quality, or water quality?
I. Traffic
The proposed BESS consists of newly constructed battery enclosures and associated
equipment. Short-term construction traffic impacts would be insignificant.
The proposed BESS would be unmanned except for periodic and temporary visits by
maintenance crews. Therefore, the project would not cause any long-term operational traffic
impacts.
II. Noise
The proposed development site is currently undeveloped. Existing ambient noise is likely
dominated by vehicular traffic on Camino Del Norte and Interstate 15. There are no known
sensitive receptors in the vicinity of the proposed development site.
Moderate levels of noise would be generated during project construction resulting from the
operation of heavy equipment. Project construction would be temporary in nature, and the levels
of noise expected during construction are not anticipated to have the potential to significantly
impact surrounding receptors. The project would be unmanned and project operation would
generate negligible noise levels.
Lastly, the construction and operation of the project would comply with the City of Lake Elsinore
Municipal Code Chapter 17.176 Noise Control. Therefore, potential noise impacts associated
with the project would be less than significant.
III. Air Quality
The proposed station consists of newly constructed battery enclosures and associated
equipment. The project is required to follow South Coast Air Quality Management District
(SCAQMD) Rule 403 by implementing standard BMPs during project construction. Furthermore,
given the relatively small project scale, emissions resulting from the transportation of
construction crews and equipment to and from the subject site is negligible. Therefore, any
short-term construction air quality impacts would be temporary and less than significant.
During operation, the station and its associated equipment are expected to generate less than
significant emissions.
IV. Water Quality
The proposed development site is located within the San Jacinto River Sub-Watershed of the
Santa Ana Watershed region of Riverside County. The Santa Ana Regional Water Quality
Control Board (SARWQCB) sets water quality standards for ground and surface waters within
the region. Water quality standards are defined under the Clean Water Act to include both the
beneficial uses of specific water bodies and the levels of water quality that must be met and
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maintained to protect those uses (water quality objectives).
Project construction would include grading, excavation, installation of subsurface infrastructure,
and other earthmoving activities that have the potential to cause erosion that could degrade
surface or ground water quality and/or violate water quality standards. The use of heavy
construction equipment could result in the accidental release of hazardous materials (e.g., oils,
fuels, and other water quality pollutants) that also could potentially affect surface and/or ground
water quality. As required by the Clean Water Act, the Project would comply with the Santa Ana
Municipal Separate Storm Sewer (MS4) NPDES Permit. The NPDES MS4 Permit Program,
which is administered in the project area by Riverside County and is issued by SARWQCB,
regulates storm water and urban runoff discharges from developments to natural and
constructed storm drain systems in the City. Since the project would disturb one or more acres
of soil, construction activities would be subject to the Construction General Permit (NPDES
General Permit No. CAS000002, Waste Discharge Requirements, Order No. 2009-0009-DWQ,
adopted September 2, 2009 and effective as of July 2, 2010) issued by the SWRCB. The
Construction General Permit requires implementation of a Storm Water Pollution Prevention
Plan (SWPPP) for site clearing, grading, and disturbances such as stockpiling or excavation.
The SWPPP would generally contain a site map showing the construction perimeter, proposed
buildings, storm water collection and discharge points, general pre- and post-construction
topography, drainage patterns across the site, and adjacent roadways.
The proposed development site is currently vacant and primarily consists of undeveloped,
pervious surface. Existing stormwater runoff generally flows from east to west toward an
earthen bottom channel. The proposed development consists of the construction of battery
enclosures and associated site improvements which will increase the overall amount of
stormwater runoff to the existing storm drain system.
Conclusion: The SWPPP must also include construction-phase BMPs to protect against
stormwater runoff. Through implementation of both the proposed project design and SWPPP
BMPs, along with regulatory compliance, the project would meet applicable standards and
discharge regulations. Therefore, the project would not otherwise substantially degrade surface
or ground water quality, and any water quality impacts resulting from the proposed project would
be less than significant.
The proposed development will create impervious surfaces including an internal site access
road, battery container structures, and auxiliary equipment; all other portions of the development
site will remain pervious landscape areas consisting of vegetation or mulch. The project has
been designed so that impervious areas will drain into onsite landscape areas. Furthermore, the
project is not expected to create any significant source of runoff pollutants. Therefore, potential
impacts to water quality from project operation would be less than significant.
Criterion (e): Can the site be adequately served by all required utilities and public
services?
Fire Protection: The project would follow City policies and ordinances relating to hazard
mitigation and fire prevention. The project would be required to comply with applicable fire code
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requirements for construction and access to the site and as such, will be reviewed by the City
Fire Department to determine the specific fire requirements applicable to ensure compliance
with these requirements. Chapter 16.74 of the LEMC establishes a program for the adoption
and administration of development impact fees by the City for the benefit of the citizens whereby
as a condition to the issuance of a building permit or certificate of occupancy by the City, the
property owner or land developer is required to pay development impact fees or provide other
consideration to 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 16.74.049 includes a "fire facilities fee" to mitigate the additional
burdens created by new development for City fire facilities. Since the project includes new
housing, impacts must be offset through the payment of the appropriate development impact
fees. The project would incrementally increase demands for fire protection services associated
with service calls, inspections, and other fire agency programs. The increase in demand for fire
protection services from this increase is not anticipated to require the construction of new
facilities or infrastructure. Therefore, the proposed project would not result in substantial
adverse physical impacts related to fire protection, and impacts would be less than significant.
Police Protection: Chapter 16.74 of the LEMC establishes a program for the adoption and
administration of development impact fees 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 would benefit such new development. The project is subject to this development
impact fee program in order to mitigate potential impacts to police protection resources.
Additionally, the project would be required to comply with applicable law enforcement
requirements and standards to ensure adequate law enforcement protection is available to
serve the proposed development. Potential impacts would be considered incremental and can
be offset through the payment of the development impact fee and compliance with regulatory
requirements. The proposed project would not result in substantial adverse physical impacts
related to police protection. Therefore, potential impacts associated with police protection would
be less than significant.
Schools: The proposed development site is located within the Lake Elsinore Unified School
District (LEUSD). The project would be required to pay school impact fees as levied by the
LEUSD, which would provide funding for school facilities. The project does not propose new
housing which could generate new students who would require LEUSD facilities and services.
Therefore, any potential impacts would be considered incremental and would be offset through
the payment of the appropriate development impact fees for schools. Based on the above, the
proposed development will not result in substantial adverse physical impacts related to schools.
Therefore, any impacts would be less than significant.
Parks: The proposed development does not include residential uses so it would not generate
additional demand for park facilities or services. Therefore, a direct increase in park usage is not
expected as a result of the project. New nonresidential development may cause incremental
indirect impacts to park facilities from the occasional use of a park by employees during a lunch
or dinner break. Section 16.34.060 in Chapter 16.34 (Required Improvements) for the LEMC
requires that prior to the issuance of a building permit, the property owner or developer must
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pay fees for the purposes set forth in that section. Paragraph D of Section 16.34.060 describes
the City's Park Capital Improvement Fund and describes that the City Council has the option to
request dedication for park purposes or in lieu thereof, request that the property owner or
developer pay a fee for the purpose of purchasing the land and developing and maintaining the
City park system. As a nonresidential project, the proposed Project would be required to pay
park fees to the City for the purpose of establishing, improving, and maintaining park land within
the City. Since the project does not propose new housing, any potential impacts would be
considered negligible, and the payment of the appropriate park fees may be presumed to offset
any potential impacts. Therefore, any impacts would be less than significant.
Other Public Facilities: The City is part of the Riverside County Library System. Section
16.34.060 in Chapter 16.34 (Required Improvements) of the LEMC requires that prior to the
issuance of a building permit, the property owner or developer must pay fees for the purposes
set forth in that section. Paragraph B of Section 16.34.060 describes the City's Library Mitigation
Fee and states that an in-lieu fee for future construction of library improvements shall be paid to
the City to assure the necessary library facilities are provided to the community. Since the
project does not propose new housing, any potential impacts would be considered negligible,
and the payment of library mitigation fees may be presumed to offset any potential impacts.
Therefore, any impacts would be less than significant.
Chapter 16.74 of the LEMC establishes a program for the adoption and administration of
development impact fees 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 would 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 property owner would be required to pay City Hall & Public Works fees,
Community Center Fees, and Marina Facilities Fees prior to the issuance of building permits.
Therefore, any impacts would be less than significant.
Wastewater/Sewer: The project does not propose connect to wastewater system because the
project will not be permanently occupied. The project will be required to pay sewer connection
fees. Implementation of the proposed project will not require, or result in, the construction of
new wastewater treatment facilities or expansion of existing facilities, the construction of which
could cause significant environmental effects. Therefore, any impacts would be less than
significant.
Storm Water Drainage: On-site grading and drainage improvements proposed in conjunction
with the proposed site work would be required to comply with provisions of the National
Pollutant Discharge Elimination System (NPDES) program, including Waste Discharge
Requirements (WDR), and the 2010 Santa Ana Municipal Separate Sewer Permit (MS4) Permit,
as enforced by the Santa Ana Regional Water Quality Board (SARWQCB). Pursuant to the
City's Municipal Code, all construction Projects shall apply Best Management Practices (BMPs)
to be specified in a Stormwater Pollution Prevention Plan (SWPPP) prepared by the project
applicant. In addition, the project was required to submit a drainage study to ensure onsite and
offsite drainage is accurately assessed and sufficient infrastructure is required for project
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construction. The project will not substantially alter the existing drainage pattern of the site or
area, nor will it require new or expanded off-site storm drain facilities the construction or
relocation of which could cause significant environmental effects. Therefore, any impacts would
be less than significant.
Water Supplies: The project does not propose connect to wastewater system because the
project will not be permanently occupied. Therefore, there are no impacts to water supplies.
Solid Waste Disposal: All development within the City of Lake Elsinore is required to comply
with applicable elements of AB 1327, Chapter 18 (California Solid Waste Reuse and Recycling
Access Act of 1991), AB 939 (CalRecycle), and other local, state, and federal solid waste
disposal standards. The California Integrated Waste Management Act of 1989 (AB 939)
requires every city and county in the state to prepare a Source Reduction and Recycling
Element (SRRE) to its Solid Waste Management Plan, that identifies how each jurisdiction will
meet the mandatory state diversion goal of 50% by and after the year 2000. The purpose of AB
939 is to "reduce, recycle, and re-use solid waste generated in the state to the maximum extent
feasible." The project is required to comply with applicable elements of AB 1327, Chapter 18
(California Solid Waste Reuse and Recycling Access Act of 1991), AB 939, and other applicable
local, state, and federal solid waste disposal standards as a matter of regulatory policy as
standard condition of approval, thereby ensuring that the solid waste stream to the waste
disposal facilities is reduced in accordance with existing regulations. Any potential impacts will
be less than significant.
Electricity, Natural Gas, Telephone, Television: The proposed development site is located in
a developed setting with direct access to existing utilities. There are no anticipated significant
service or system upgrades required to serve the project, except for the proposed connections
between the proposed BESS and adjacent SCE transmission lines. Any increase in the demand
for public utilities by the project would be less than significant.
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DETERMINATION:
I find that the answers given above are adequately supported by the information sources cited
following each question and that the effects of the proposed Project are typical of those generated
within that class of Projects (i.e., Class 32 — Infill Development Projects) characterized as in-fill
development meeting the conditions of Section 15332 of Title 14 of the California Code of
Regulations. The proposed Project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the requirement for the preparation of environmental
documents under the California Environmental Quality Act.
1�evl� EggY� July 11 , 2022
Kevin Beery, Associate Planner Date
Appendices:
The following documents were used as information sources during preparation of this
document. They are available for public review at the City of Lake Elsinore, Community
Development Department, 130 South Main Street, Lake Elsinore, CA 92530, ph. (951) 674-
3124.
A) Biological Resources Report dated June 4, 2021 prepared by Stantec
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